Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Rescission of Review in Part, and Preliminary Intent To Rescind New Shipper Review; 2015-2016, 26435-26438 [2017-11824]
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Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–31–2017]
sradovich on DSK3GMQ082PROD with NOTICES
Foreign-Trade Zone 19—Omaha,
Nebraska, Application for
Reorganization Under Alternative Site
Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Greater Omaha Chamber of
Commerce, grantee of FTZ 19,
requesting authority to reorganize the
zone under the alternative site
framework (ASF) adopted by the FTZ
Board (15 CFR Sec. 400.2(c)). The ASF
is an option for grantees for the
establishment or reorganization of zones
and can permit significantly greater
flexibility in the designation of new
subzones or ‘‘usage-driven’’ FTZ sites
for operators/users located within a
grantee’s ‘‘service area’’ in the context of
the FTZ Board’s standard 2,000-acre
activation limit for a zone. The
application was submitted pursuant to
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally docketed on May
15, 2017.
FTZ 19 was approved by the FTZ
Board on January 27, 1983 (Board Order
204, 48 FR 5772, February 8, 1983). The
current zone includes the following
sites: Site 1 (17 acres)—Cargo Zone,
LLC, 6200 North 16th Street, Omaha;
and, Site 2 (38 acres)—Riverfront
Industrial Park, Abbott Drive and Crown
Point Avenue, Omaha.
The grantee’s proposed service area
under the ASF would be Burt, Cass,
Dodge, Douglas, Sarpy, Saunders and
Washington Counties, Nebraska, as
described in the application. If
approved, the grantee would be able to
serve sites throughout the service area
based on companies’ needs for FTZ
designation. The application indicates
that the proposed service area is within
and adjacent to the Omaha, Nebraska
U.S. Customs and Border Protection
port of entry.
The applicant is requesting authority
to reorganize its existing zone to include
both sites as ‘‘magnet’’ sites. The ASF
allows for the possible exemption of one
magnet site from the ‘‘sunset’’ time
limits that generally apply to sites under
the ASF, and the applicant proposes
that Site 1 be so exempted. No
subzones/usage-driven sites are being
requested at this time. The application
would have no impact on FTZ 19’s
previously authorized subzone.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
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16:37 Jun 06, 2017
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FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is August
7, 2017. Rebuttal comments in response
to material submitted during the
foregoing period may be submitted
during the subsequent 15-day period to
August 21, 2017.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov or (202)
482–0862.
Dated: June 2, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–11834 Filed 6–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–25–2017]
Foreign-Trade Zone (FTZ) 39—DallasFort Worth, Texas, Notification of
Proposed Production Activity, Valeo
North America, Inc., d/b/a Valeo
Compressor North America, (Motor
Vehicle Air-Conditioner Compressors),
Dallas, Texas
Valeo North America, Inc. d/b/a Valeo
Compressor North America (Valeo),
submitted a notification of proposed
production activity to the FTZ Board for
its facility in Dallas, Texas, within FTZ
39-Site 1. The notification conforming
to the requirements of the regulations of
the FTZ Board (15 CFR 400.22) was
received on April 12, 2017.
Valeo already has authority to
produce air-conditioner compressor
assemblies for motor vehicles. The
current request would add certain
foreign-status components to the scope
of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreign
status components described in the
submitted notification (as described
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26435
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt Valeo from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, Valeo would be
able to choose the duty rates during
customs entry procedures that apply to
air-conditioner compressor assemblies
and electromagnetic compressor/clutch
assemblies in the company’s existing
scope of authority (duty rate ranges from
free to 3.1%). Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
The components sourced from abroad
include: Stainless steel bolts; stainless
steel screws (less than and more than
6mm in diameters); and,
electromagnetic shims and rings (duty
rate ranges from free to 8.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
17, 2017.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov or (202)
482–1963.
Dated: June 2, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–11836 Filed 6–6–17; 8:45 am]
BILLING CODE 3510–DS–P
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,
Rescission of Review in Part, and
Preliminary Intent To Rescind New
Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review and a new
AGENCY:
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Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
shipper review 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 the
aligned new shipper review is
September 1, 2015, through August 31,
2016. The administrative review covers
two mandatory respondent exporters of
the subject merchandise, Hubei Nature
Agriculture Industry Co., Ltd. (Hubei
Nature) and Yancheng Hi-King
Agriculture Developing Co., Ltd.
(Yancheng Hi-King). The new shipper
review covers Jingzhou Tianhe Aquatic
Products, Ltd. (Jingzhou Tianhe). The
Department preliminarily determines
that sales of subject merchandise by
Hubei Nature have been made at prices
below normal value, and sales of subject
merchandise by Yancheng Hi-King have
not been made at prices below normal
value. The Department also
preliminarily determines that Jingzhou
Tianhe’s single sale made to the United
States during the POR was not bona
fide. The Department preliminarily
intends to rescind the new shipper
review with respect to Jingzhou Tianhe.
DATES: Effective June 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen at (202) 482–3683 (Hubei
Nature), Joseph Shuler (202) 482–1293
(Yancheng Hi-King), or Dmitry
Vladimirov (202) 482–0665 (Jingzhou
Tianhe), AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
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 subheadings 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
1 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review and New Shipper Review of
Freshwater Crawfish Tail Meat from the People’s
Republic of China; 2015–2016,’’ dated concurrently
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Rescission of Administrative Review in
Part
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation.
Parties withdrew their review
requests for eight of the eleven
companies for which a review was
requested. These withdrawals of review
requests were submitted within the
deadline set forth under 19 CFR
351.213(d)(1) and no other parties
requested a review of these companies.
Accordingly, the Department is
rescinding this review, in part, with
respect to China Kingdom (Beijing)
Import & Export Co., Ltd., Deyan
Aquatic Products and Food Co., Ltd.,
Hubei Qianjiang Huashan Aquatic Food
and Product Co., Ltd., Hubei Yuesheng
Aquatic Products Co., Ltd., Nanjing
Gemsen International Co., Ltd.,
Shanghai Ocean Flavor International
Trading Co., Ltd., Weishan Hongda
Aquatic Food Co., Ltd., and Xuzhou
Jinjiang Foodstuffs Co., Ltd., in
accordance with 19 CFR 351.213(d)(1).2
Bona Fides Analysis
As discussed in the Preliminary
Decision Memorandum, we
preliminarily find that the sale made by
Jingzhou Tianhe is not bona fide.3 We
reached this conclusion based on the
following totality of circumstances: The
quantity and price of the U.S. sale are
not reflective of the normal commercial
reality; the suspect timing of the U.S.
sale; the severe tardiness in the receipt
of payment; and certain atypical
business practices which are additional
factors that are at odds with the normal
business considerations of a bona fide
sale.4 Because the non-bona fide sale at
issue here was the only sale of subject
merchandise that Jingzhou Tianhe made
to the United States during the POR, we
are preliminarily rescinding the new
shipper review of this company.
Separate Rate for Eligible Non-Selected
Respondents
The Department preliminarily
determines that the respondent not
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
2 For more details, see the Preliminary Decision
Memorandum.
3 See Preliminary Decision Memorandum; see
also Memorandum, ‘‘New Shipper Review of
Freshwater Crawfish Tail Meat from the People’s
Republic of China—Bona Fides Analysis of
Jingzhou Tianhe Aquatic Products Co., Ltd.’s Sale,’’
dated concurrently with this memorandum.
4 Id.
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selected for individual examination,
Xiping Opeck Food Co., Ltd. (Xiping
Opeck), is eligible to receive separate
rate in this review.5 Consistent with our
practice, we assigned to Xiping Opeck
the weighted-average margin calculated
for Hubei Nature as the separate rate for
the preliminary results of this review.6
PRC-Wide Entity
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.7 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change (i.e., 223.01 percent).8
Methodology
The Department is conducting these
reviews in accordance with section
751(a)(1)(B), and (a)(2)(B) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214. 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 the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Department’s Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. A list of the
topics discussed in the Preliminary
5 See Preliminary Decision Memorandum at 9–10
for more details.
6 Id.
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
8 See Freshwater Crawfish Tail Meat from the
People’s Republic of China; Notice of Final Results
of Antidumping Duty Administrative Review, 68 FR
19504 (April 21, 2003).
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Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of Administrative
Review
The Department determines that the
following preliminary dumping margins
exist for the administrative review
covering the period September 1, 2015,
through August 31, 2016:
Producer/exporter
Weightedaverage
margin
(percent)
Assessment Rates
Hubei Nature Agriculture Industry Co., Ltd ..................
Xiping Opeck Food Co., Ltd
Yancheng Hi-King Agriculture Developing Co.,
Ltd 9 ...................................
5.10
5.10
0.00
Disclosure
We intend to disclose calculations
performed in these preliminary results
to parties within five days after public
announcement of the preliminary
results.10
Public Comment
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Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.11 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12
Pursuant to 19 CFR 351.310 (c)
interested parties who wish to request a
hearing, or participate if one is
requested, 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 https://
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.13
Requests should contain: (1) The party’s
9 This rate preliminarily applies to Yancheng HiKing Agriculture Developing Co., Ltd. and
Yancheng Seastar Seafood Co., Ltd. See the
‘‘Separates Rates’’ section of the Preliminary
Decision Memorandum for more details.
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
13 See 19 CFR 351.310(c).
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20:15 Jun 06, 2017
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.
Unless the deadline is extended, 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).
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Upon issuing the final results, the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by these
reviews.14 If a respondent’s weightedaverage 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. If the Department
proceeds with a final rescission of the
new shipper review with respect to
Jingzhou Tianhe, its entry will be
assessed at the rate entered.15
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.16 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.17
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.
14 See
19 CFR 351.212(b)(1).
19 CFR 351.212(c)(2).
16 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).
17 See 19 CFR 351.106(c)(2).
15 See
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26437
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 nonPRC 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. 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.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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 the terms of an
APO is a sanctionable violation. We are
issuing and publishing the preliminary
results of these reviews in accordance
with sections 751(a)(1), 751(a)(2)(B)(iv),
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751(a)(3), 777(i) of the Act, and 19 CFR
351.213, 351.214 and 351.221(b)(4).
Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in
Part
V. Bona Fides Analysis
VI. Discussion of Methodology
A. Non-Market-Economy Country Status
B. Surrogate Country
C. Separate Rates
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Separate Rate for Eligible Non-Selected
Respondent
D. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
E. U.S. Price
F. Date of Sale
G. Normal Value
H. Surrogate Values
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2017–11824 Filed 6–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Review, in Part; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies have been provided to
producers and exporters of aluminum
extrusions from the People’s Republic of
China (PRC). The period of review
(POR) is January 1, 2015 through
December 31, 2015.
DATES: Effective June 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Tom Bellhouse, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1121 or (202) 482–0257,
respectively.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this administrative
review on July 7, 2016.1 On January 13,
2017, the Department initiated an
administrative review of one additional
company that had been inadvertently
omitted from the Initiation Notice.2
Because the petitioner withdrew its
request for review of certain companies,
only 18 companies remain under
review.3 On January 17, 2017, the
Department selected tenKsolar
(Shanghai) Aluminum Co., Ltd.
(tenKsolar) and Changzhou Jinxi
Machinery Co., Ltd. (Changzhou Jinxi)
for individual examination.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. 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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
44260 (July 7, 2016) (Initiation Notice).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 & n.10, dated January 13, 2017 (Corrected
Initiation Notice).
3 The following companies are under review: (1)
Changzhou Jinxi, (2) tenKsolar, (3) Classic &
Contemporary Inc., (4) Daya Hardware Co., LTD, (5)
Dongguan Golden Tiger Hardware Industrial Co.,
Ltd., (6) ETLA Technology (Wuxi) Co., Ltd., (7)
Global Hi-Tek Precision Limited, (8) Jiangsu
Zhenhexiang New Material Technology Co., Ltd.,
(9) Johnson Precision Engineering (Suzhou) Co Ltd,
(10) Kam Kiu Aluminium Products Sdn. Bhd., (11)
Ningbo Haina Machine Co., Ltd., (12) Ningbo
Innopower Tengda Machinery Co., Ltd., (13) Ningbo
Yinzhou Sanhua Electric Machine Factory, (14)
Precision Metal Works LTD., (15) Summit Heat
Sinks Metal Co., Ltd., (16) Suzhou New Hongji
Precision Part Co. Ltd., (17) Taishan City Kam Kiu
Aluminium Extrusion Co., Ltd., and (18) Wuxi
Huida Aluminum Co., Ltd.
4 See Memorandum, ‘‘2015 Administrative
Review of the Countervailing Duty Order on
Aluminum Extrusions from the People’s Republic
of China,’’ dated January 17, 2017 (Respondent
Selection Memorandum).
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Aluminum Extrusions
from the People’s Republic of China and Rescission
of Review, in Part; 2015,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by the
Order is aluminum extrusions which are
shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).6
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (HTSUS):
6603.90.8100, 7616.99.51, 8479.89.94,
8481.90.9060, 8481.90.9085,
9031.90.9195, 8424.90.9080,
9405.99.4020, 9031.90.90.95,
7616.10.90.90, 7609.00.00, 7610.10.00,
7610.90.00, 7615.10.30, 7615.10.71,
7615.10.91, 7615.19.10, 7615.19.30,
7615.19.50, 7615.19.70, 7615.19.90,
7615.20.00, 7616.99.10, 7616.99.50,
8479.89.98, 8479.90.94, 8513.90.20,
9403.10.00, 9403.20.00, 7604.21.00.00,
7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30,
7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00,
8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00,
8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15,
8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.10,
8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45,
8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00,
8305.10.00.50, 8306.30.00.00,
8414.59.60.90, 8415.90.80.45,
8418.99.80.05, 8418.99.80.50,
8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8473.30.20.00,
8473.30.51.00, 8479.90.85.00,
8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8508.70.00.00,
8515.90.20.00, 8516.90.50.00,
8516.90.80.50, 8517.70.00.00,
8529.90.73.00, 8529.90.97.60,
8536.90.80.85, 8538.10.00.00,
8543.90.88.80, 8708.29.50.60,
8708.80.65.90, 8803.30.00.60,
9013.90.50.00, 9013.90.90.00,
9401.90.50.81, 9403.90.10.40,
9403.90.10.50, 9403.90.10.85,
9403.90.25.40, 9403.90.25.80,
9403.90.40.05, 9403.90.40.10,
6 See Preliminary Decision Memorandum for a
complete description of the scope of the Order.
E:\FR\FM\07JNN1.SGM
07JNN1
Agencies
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26435-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11824]
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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,
Rescission of Review in Part, and Preliminary Intent To Rescind New
Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and a new
[[Page 26436]]
shipper review 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 the aligned new shipper
review is September 1, 2015, through August 31, 2016. The
administrative review covers two mandatory respondent exporters of the
subject merchandise, Hubei Nature Agriculture Industry Co., Ltd. (Hubei
Nature) and Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng
Hi-King). The new shipper review covers Jingzhou Tianhe Aquatic
Products, Ltd. (Jingzhou Tianhe). The Department preliminarily
determines that sales of subject merchandise by Hubei Nature have been
made at prices below normal value, and sales of subject merchandise by
Yancheng Hi-King have not been made at prices below normal value. The
Department also preliminarily determines that Jingzhou Tianhe's single
sale made to the United States during the POR was not bona fide. The
Department preliminarily intends to rescind the new shipper review with
respect to Jingzhou Tianhe.
DATES: Effective June 7, 2017.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683 (Hubei
Nature), Joseph Shuler (202) 482-1293 (Yancheng Hi-King), or Dmitry
Vladimirov (202) 482-0665 (Jingzhou Tianhe), AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
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 subheadings
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\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review and New
Shipper Review of Freshwater Crawfish Tail Meat from the People's
Republic of China; 2015-2016,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation.
Parties withdrew their review requests for eight of the eleven
companies for which a review was requested. These withdrawals of review
requests were submitted within the deadline set forth under 19 CFR
351.213(d)(1) and no other parties requested a review of these
companies. Accordingly, the Department is rescinding this review, in
part, with respect to China Kingdom (Beijing) Import & Export Co.,
Ltd., Deyan Aquatic Products and Food Co., Ltd., Hubei Qianjiang
Huashan Aquatic Food and Product Co., Ltd., Hubei Yuesheng Aquatic
Products Co., Ltd., Nanjing Gemsen International Co., Ltd., Shanghai
Ocean Flavor International Trading Co., Ltd., Weishan Hongda Aquatic
Food Co., Ltd., and Xuzhou Jinjiang Foodstuffs Co., Ltd., in accordance
with 19 CFR 351.213(d)(1).\2\
---------------------------------------------------------------------------
\2\ For more details, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Bona Fides Analysis
As discussed in the Preliminary Decision Memorandum, we
preliminarily find that the sale made by Jingzhou Tianhe is not bona
fide.\3\ We reached this conclusion based on the following totality of
circumstances: The quantity and price of the U.S. sale are not
reflective of the normal commercial reality; the suspect timing of the
U.S. sale; the severe tardiness in the receipt of payment; and certain
atypical business practices which are additional factors that are at
odds with the normal business considerations of a bona fide sale.\4\
Because the non-bona fide sale at issue here was the only sale of
subject merchandise that Jingzhou Tianhe made to the United States
during the POR, we are preliminarily rescinding the new shipper review
of this company.
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum; see also Memorandum,
``New Shipper Review of Freshwater Crawfish Tail Meat from the
People's Republic of China--Bona Fides Analysis of Jingzhou Tianhe
Aquatic Products Co., Ltd.'s Sale,'' dated concurrently with this
memorandum.
\4\ Id.
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Separate Rate for Eligible Non-Selected Respondents
The Department preliminarily determines that the respondent not
selected for individual examination, Xiping Opeck Food Co., Ltd.
(Xiping Opeck), is eligible to receive separate rate in this review.\5\
Consistent with our practice, we assigned to Xiping Opeck the weighted-
average margin calculated for Hubei Nature as the separate rate for the
preliminary results of this review.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum at 9-10 for more
details.
\6\ Id.
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PRC-Wide Entity
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\7\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the entity is not under review and the entity's rate is
not subject to change (i.e., 223.01 percent).\8\
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\8\ See Freshwater Crawfish Tail Meat from the People's Republic
of China; Notice of Final Results of Antidumping Duty Administrative
Review, 68 FR 19504 (April 21, 2003).
---------------------------------------------------------------------------
Methodology
The Department is conducting these reviews in accordance with
section 751(a)(1)(B), and (a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214. 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 the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov, and to all
parties in the Department's Central Records Unit, room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in the
Preliminary
[[Page 26437]]
Decision Memorandum is attached as an Appendix to this notice.
Preliminary Results of Administrative Review
The Department determines that the following preliminary dumping
margins exist for the administrative review covering the period
September 1, 2015, through August 31, 2016:
------------------------------------------------------------------------
Weighted-
Producer/exporter average margin
(percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd.............. 5.10
Xiping Opeck Food Co., Ltd.............................. 5.10
Yancheng Hi-King Agriculture Developing Co., Ltd \9\.... 0.00
------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\10\
---------------------------------------------------------------------------
\9\ This rate preliminarily applies to Yancheng Hi-King
Agriculture Developing Co., Ltd. and Yancheng Seastar Seafood Co.,
Ltd. See the ``Separates Rates'' section of the Preliminary Decision
Memorandum for more details.
\10\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
cases briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310 (c) interested parties who wish to
request a hearing, or participate if one is requested, 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 https://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.\13\ 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.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, 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
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by these reviews.\14\ 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.
If the Department proceeds with a final rescission of the new shipper
review with respect to Jingzhou Tianhe, its entry will be assessed at
the rate entered.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.212(c)(2).
---------------------------------------------------------------------------
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.\16\ 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.\17\
---------------------------------------------------------------------------
\16\ 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).
\17\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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.
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. 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.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a sanctionable
violation. We are issuing and publishing the preliminary results of
these reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv),
[[Page 26438]]
751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 351.214 and
351.221(b)(4).
Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in Part
V. Bona Fides Analysis
VI. Discussion of Methodology
A. Non-Market-Economy Country Status
B. Surrogate Country
C. Separate Rates
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Separate Rate for Eligible Non-Selected Respondent
D. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
E. U.S. Price
F. Date of Sale
G. Normal Value
H. Surrogate Values
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2017-11824 Filed 6-6-17; 8:45 am]
BILLING CODE 3510-DS-P