[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60624-60626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25412]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and New Shipper Reviews; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and new shipper reviews of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (PRC). The period of review (POR) for the administrative review
and new shipper reviews is September 1, 2013, through August 31, 2014.
The Department preliminarily determines that China Kingdom (Beijing)
Import & Export Co., Ltd. (China Kingdom), Deyan Aquatic Products and
Food Co., Ltd. (Deyan Aquatic), Hubei Yuesheng Aquatic Products Co.,
Ltd. (Hubei Yuesheng), and Weishan Hongda Aquatic Food Co., Ltd
(Weishan Hongda) have not made sales of subject merchandise in the
United States at prices below normal value. With respect to Shanghai
Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean), see
section below entitled ``Separate Rate for a Non-Selected Company.''
DATES: Effective Date: October 7, 2015.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla (China Kingdom), Andre
Gziryan (Deyan Aquatic), Bryan Hansen (Hubei Yuesheng) or Catherine
Cartsos (Weishan Hongda), 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) 482-3477, (202) 482-2201, (202) 482-3683, or
(202) 482-1757, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is freshwater
crawfish tail meat, which is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
1605.40.10.10, 1605.40.10.90, 0306.19.00.10, and 0306.29.00.00. On
February 10, 2012, the Department added HTSUS classification number
0306.29.01.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (CBP). While the HTSUS numbers are
provided for convenience and customs purposes, the written description
is dispositive. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\1\
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\1\ See the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review and New Shipper Reviews:
Freshwater Crawfish Tail Meat from the People's Republic of China''
dated concurrently with and hereby adopted by this notice
(Preliminary Decision Memorandum).
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Methodology
The Department conducted these reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price
is calculated in accordance with section 772(c) of the Act. Because the
PRC is a non-market economy (NME) within the meaning of section 771(18)
of the Act, normal value has been calculated in accordance with section
773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov and in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions are identical in content.
[[Page 60625]]
Separate Rate for a Non-Selected Company
Shanghai Ocean is the only exporter of crawfish tail meat from the
PRC that demonstrated its eligibility for a separate rate which was not
selected for individual examination in this administrative review. The
calculated rates of the respondents selected for individual examination
are all zero. We conclude that, in this case a reasonable method for
determining the rate for the non-selected company, Shanghai Ocean, is
to apply the average of the zero margins calculated for the two
mandatory respondents in the administrative review, China Kingdom and
Deyan Aquatic. For a detailed discussion, see Preliminary Decision
Memorandum.
Preliminary Results of Reviews
The Department determines that the following preliminary dumping
margins exist for the administrative review covering the period
September 1, 2013, through August 31, 2014:
------------------------------------------------------------------------
Weighted
average
Producer/exporter dumping
margin
(percent)
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China Kingdom (Beijing) Import & Export Co., Ltd........ 0.00
Deyan Aquatic Products and Food Co., Ltd................ 0.00
Shanghai Ocean Flavor International Trading Co., Ltd.... 0.00
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As a result of the new shipper reviews, the Department
preliminarily determines that dumping margins of 0.00 percent exist for
merchandise produced and exported by Hubei Yuesheng Aquatic Products
Co., Ltd. and for merchandise produced and exported by Weishan Hongda
Aquatic Food Co., Ltd. covering the period September 1, 2013, through
August 31, 2014.
Disclosure and Public Comment
The Department will disclose calculations performed in these
preliminary results to parties within five days after the date of
publication of this notice.\2\ Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs no later than 30 days after
the date of publication of these preliminary results of review.\3\
Parties who submit arguments are requested to submit with the argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities. Rebuttal briefs, limited to issues raised
in case briefs, may be filed no later than five days after the time
limit for filing the case briefs, as specified by 19 CFR 351.309(d).
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c).
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Interested parties who wish to request a hearing, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance. All documents must be filed electronically using ACCESS
which is available to registered users at http://access.trade.gov. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the
date of publication of this notice.\4\ Requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. If a request for a hearing is made, we will inform parties of
the scheduled date for the hearing, which will be held at the U.S.
Department of Commerce, 14th and Constitution Avenue NW., Washington,
DC 20230, at a time and location to be determined.\5\ Parties should
confirm by telephone or email the date, time, and location of the
hearing.
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\4\ See 19 CFR 351.310(c).
\5\ Id.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of these reviews, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by these reviews.\6\ If a respondent's weighted average dumping margin
is above de minimis (i.e., 0.50 percent) in the final results of these
reviews, the Department will calculate an importer-specific assessment
rate on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales and, where possible, the
total entered value of sales, in accordance with 19 CFR 351.212(b)(1).
In these preliminary results, the Department applied the assessment
rate calculation method adopted in the Final Modification for Reviews,
i.e., on the basis of monthly average-to-average comparisons using only
the transactions associated with the importer with offsets being
provided for non-dumped comparisons.\7\ Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
\8\
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\6\ See 19 CFR 351.212(b)(1).
\7\ 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 for Reviews).
\8\ See 19 CFR 351.106(c)(2).
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Pursuant to the Department's assessment practice in NME cases,\9\
for entries that were not reported in the U.S. sales databases
submitted by companies individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. We intend to issue assessment instructions to CBP 15 days after
the date of publication of the final results of these reviews.
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from the PRC 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 the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of these reviews (except if the rate
is zero or de minimis, i.e., less than 0.5 percent, then no cash
deposit will be required) (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
PRC-wide entity; 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 exporter that supplied that
non-PRC exporter.
With respect to Hubei Yuesheng, a new shipper respondent, the
Department established a combination cash deposit rate for this company
[[Page 60626]]
consistent with its practice as follows: (1) For subject merchandise
produced and exported by Hubei Yuesheng, the cash deposit rate will be
the rate established for Hubei Yuesheng in the final results of the
NSR; (2) for subject merchandise exported by Hubei Yuesheng, but not
produced by Hubei Yuesheng, the cash deposit rate will be the rate for
the PRC-wide entity; and (3) for subject merchandise produced by Hubei
Yuesheng but not exported by Hubei Yuesheng, the cash deposit rate will
be the rate applicable to the exporter.
With respect to Weishan Hongda, a new shipper respondent, 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 Weishan Hongda, the cash deposit rate will be
the rate established for Weishan Hongda in the final results of the
NSR; (2) for subject merchandise exported by Weishan Hongda, but not
produced by Weishan Hongda, the cash deposit rate will be the rate for
the PRC-wide entity; and (3) for subject merchandise produced by
Weishan Hongda but not exported by Weishan Hongda, 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 preliminary 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 these PORs. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing the preliminary results of these
reviews 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: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Verification
6. Non-Market-Economy Country Status
7. Surrogate Country
8. Separate Rates
9. Absence of De Jure Control
10. Absence of De Facto Control
11. Separate Rate for a Non-Selected Company
12. Fair Value Comparisons
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
17. Recommendation
[FR Doc. 2015-25412 Filed 10-6-15; 8:45 am]
BILLING CODE 3510-DS-P