[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75535-75536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29660]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and New
Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 6, 2014, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review and new shipper review of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (the PRC).\1\ The period of review (POR) for the
administrative review is September 1, 2012, through August 31, 2013,
and the POR for the new shipper review is September 1, 2012 through
August 31, 2013. These reviews cover two producers/exporters of subject
merchandise: Xiping Opeck Food Co., Ltd. (Xiping Opeck), and Hubei
Nature Agriculture Industry Co., Ltd (Hubei Nature). We invited parties
to comment on the Preliminary Results. We received no comments from
interested parties. Accordingly, for the final results, we continue to
find that the companies covered by these reviews did not make sales of
subject merchandise at less than normal value.
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\1\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review and New Shipper Review; 2012-2013, 79 FR 60134 (October 6,
2014) (Preliminary Results). Also, on January 6, 2014, in accordance
with 19 CFR 351.214(j)(3), the Department aligned the new shipper
review with the administrative review. See Memorandum to the File
from Bryan Hansen, Case Analyst, ``Alignment of New Shipper Review
of Freshwater Crawfish Tail Meat from the People's Republic of China
with the concurrent administrative review of Freshwater Crawfish
Tail Meat from the People's Republic of China,'' dated January 6,
2014.
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DATES: Effective Date: December 18, 2014.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Hermes Pinilla, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683 or (202) 482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2014, the Department published the Preliminary
Results of
[[Page 75536]]
these reviews. The Department gave interested parties an opportunity to
comment on the Preliminary Results. We received no comments from
interested parties.
We conducted these reviews in accordance with sections 751(a)(1)(B)
and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by the antidumping duty order is freshwater
crawfish tail meat, in all its forms (whether washed or with fat on,
whether purged or un-purged), grades, and sizes; whether frozen, fresh,
or chilled; and regardless of how it is packed, preserved, or prepared.
Excluded from the scope of the order are live crawfish and other whole
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are
saltwater crawfish of any type, and parts thereof. Freshwater crawfish
tail meat is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 1605.40.1010 and
1605.40.1090, which are the HTSUS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by CBP in
2000, and HTSUS numbers 0306.19.0010 and 0306.29.0000, which are
reserved for fish and crustaceans in general. On February 10, 2012, the
Department added HTSUS classification number 0306.29.0100 to the scope
description pursuant to a request by U.S. Customs and Border Protection
(CBP). The HTSUS subheadings are provided for convenience and customs
purposes only. The written description of the scope of the order is
dispositive.
Final Results of the Review
The Department made no changes to its calculations announced in the
Preliminary Results. As a result of our administrative review, we
determine that a weighted-average dumping margin of 0.00 percent exists
for Xiping Opeck for the POR.
For the final results of the new shipper review, the Department
determines that a dumping margin of 0.00 percent exists for merchandise
produced and exported by Hubei Nature for the POR.
Assessment
In accordance with 19 CFR 351.212 and the Final Modification,\2\
the Department will instruct CBP to liquidate all appropriate entries
for Xiping Opeck, and Hubei Nature without regard to antidumping duties
because their weighted-average dumping margins in these final results
are zero.\3\
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\2\ See 19 CFR 351.212(b)(1).
\3\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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Pursuant to the Department's refinement to its assessment practice
in NME cases,\4\ for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during these
reviews, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate.
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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of these final results of reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date as provided
by section 751(a)(2)(C) of the Act: (1) For subject merchandise
exported by Xiping Opeck, the cash deposit rate will be the rate
established in the final results of the administrative review; because
the rate is zero or de minimis, no cash deposit will be required for
that Xiping Opeck; (2) for previously investigated companies not listed
above that have separate rates, the cash deposit rate will continue to
be the company-specific rate published for the investigation; (3) for
all other PRC exporters of subject merchandise which have not been
found to be entitled to a separate rate, the cash deposit rate will be
the PRC-wide rate of 223.01 percent; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC entity that
supplied that non-PRC exporter.
With respect to Hubei Nature, the respondent in the new shipper
review, the Department established a combination cash deposit rate for
this company consistent with its practice as follows: (1) For subject
merchandise produced and exported by Hubei Nature, the cash deposit
rate will be the rate established for Hubei Nature in the final results
of the new shipper review; (2) for subject merchandise exported by
Hubei Nature, but not produced by Hubei Nature, the cash deposit rate
will be the rate for the PRC-wide entity; and (3) for subject
merchandise produced by Hubei Nature but not exported by Hubei Nature,
the cash deposit rate will be the rate applicable to the exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
These final results of reviews are issued and published in
accordance with sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 777(i)
of the Act and 19 CFR 351.213(h), 351.214 and 351.221(b)(4).
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29660 Filed 12-17-14; 8:45 am]
BILLING CODE 3510-DS-P