Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 65667 [2012-26660]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Page 65667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26660]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: October 30, 2012.

SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China (``PRC''), meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for this NSR is September 1, 
2011, through August 31, 2012.

FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office 
1, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; Telephone: 202-482-0747.

SUPPLEMENTARY INFORMATION:

Background

    The antidumping duty order on freshwater crawfish tail meat from 
the PRC published in the Federal Register on September 15, 1997.\1\ On 
September 28, 2012, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``Act''), we received a timely request for an 
NSR of the antidumping duty order on freshwater crawfish tail meat from 
the PRC from Deyan Aquatic Products and Food Co., Ltd. (``Deyan 
Aquatic'').\2\ Deyan Aquatic certified that it is both the producer and 
exporter of the subject merchandise upon which the request was 
based.\3\
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    \1\ See Notice of Amendment to Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish 
Tail Meat From the People's Republic of China, 62 FR 48218 
(September 15, 1997).
    \2\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China: New Shipper Review Request, dated September 28, 2012.
    \3\ See id. at 1.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Deyan Aquatic certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Deyan 
Aquatic certified that, since the initiation of the investigation, it 
has never been affiliated with any exporter or producer who exported 
subject merchandise to the United States during the POI, including 
those respondents not individually examined during the POI.\5\ As 
required by 19 CFR 351.214(b)(2)(iii)(B), Deyan Aquatic also certified 
that its export activities were not controlled by the government of the 
PRC.\6\
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    \4\ Id. at Ex. 2.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), Deyan Aquatic submitted documentation establishing 
the following: (1) The date on which Deyan Aquatic first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\7\
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    \7\ Id. at Ex. 1.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Deyan Aquatic's request meets 
the threshold requirements for initiation of an NSR for the shipment of 
freshwater crawfish tail meat from the PRC produced and exported by 
Deyan Aquatic.\8\
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    \8\ See Memorandum to the file, from Dustin Ross, Operations 
Analyst, ``Initiation Checklist of AD New Shipper Review: Freshwater 
Crawfish Tailmeat from the People's Republic of China (A-570-848),'' 
dated concurrently with this notice. See also ``Memorandum to the 
File,'' from Dustin Ross, Operations Analyst, ``Freshwater Crawfish 
Tailmeat from the People's Republic of China: Placing CBP data on 
the Record,'' dated concurrently with this notice.
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    The POR for this NSR is September 1, 2011, through August 31, 2012. 
See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue the 
preliminary results of this review no later than 180 days from the date 
of initiation and final results of this review no later than 270 days 
from the date of initiation. See section 751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
country-wide rate provide evidence of de jure and de facto absence of 
government control over the company's export activities. Accordingly, 
we will issue a questionnaire to Deyan Aquatic, which will include a 
section requesting information concerning Deyan Aquatic's eligibility 
for a separate rate. The review will proceed if the response provides 
sufficient indication that Deyan Aquatic is not subject to either de 
jure or de facto government control with respect to its export of 
subject merchandise.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Deyan Aquatic in accordance with 
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because 
Deyan Aquatic certified that it produced and exported the subject 
merchandise, the sale of which is the basis for this NSR request, we 
will apply the bonding privilege to Deyan Aquatic only for subject 
merchandise which Deyan Aquatic both produced and exported.
    To assist in its analysis of the bona fides of Deyan Aquatic's 
sales, upon initiation of this NSR, the Department will require Deyan 
Aquatic to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: October 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-26660 Filed 10-29-12; 8:45 am]
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