Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Administrative Review; 2011-2012, 15696-15699 [2013-05667]
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15696
Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
selected for mandatory review (i.e.,
Apex and Devi Fisheries) excluding any
which are de minimis or determined
entirely on adverse facts available.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage 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. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.16
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which these companies did not
know that the merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recent period; (3)
16 See
section 751(a)(2)(C) of the Act.
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if the exporter is not a firm covered in
this review, or the original less-thanfair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 10.17
percent, the all-others rate made
effective by the LTFV investigation.17
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Voluntary Respondent
5. Preliminary Determination of No
Shipments
6. Discussion of the Methodology
a. Normal Value Comparisons
b. Targeted Dumping
c. Product Comparisons
d. Export Price
e. Normal Value
f. Currency Conversion
7. Recommendation
[FR Doc. 2013–05664 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–DS–P
17 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147, 5148 (February 1, 2005).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Preliminary Results of Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is
conducting the administrative review of
the antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the People’s Republic of China
(‘‘PRC’’), covering the period of review
(‘‘POR’’) from February 1, 2011, through
January 31, 2012. As discussed below,
the Department preliminarily
determines that Zhanjiang Regal
Integrated Marine Resources Co., Ltd.
(‘‘Regal’’) did not make sales in the
United States at prices below normal
value (‘‘NV’’) during the POR.
Additionally, the Department
preliminarily determines that Hilltop
International (‘‘Hilltop’’) failed to
cooperate to the best of its ability in this
review. The Department is finding
Hilltop to be part of the PRC-wide entity
to which we are applying adverse facts
available (‘‘AFA’’) as discussed below.
DATES: Effective Date: March 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Josh Startup, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7906 or (202) 482–
5260 respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.1
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
1 See the Decision Memorandum for Preliminary
Results for the Antidumping Duty Administrative
Review of Warmwater Shrimp from the People’s
Republic of China,’’ (‘‘Preliminary Decision
Memorandum’’) from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
dated concurrently with these results, for a
complete description of the Scope of the Order.
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0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description, available in Certain
Frozen Warmwater Shrimp From Brazil,
India, the People’s Republic of China,
Thailand, and the Socialist Republic of
Vietnam: Amended Antidumping Duty
Orders in Accordance with Final Court
Decision, 76 FR 23277 (April 26, 2011),
remains dispositive.
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PRC-Wide Entity
During the review, Hilltop notified
the Department that it declined to
answer further requests for information
in this proceeding.2 Accordingly, the
Department will preliminarily treat
Hilltop as part of the PRC-wide entity.
Because the PRC-wide entity, which
includes Hilltop, failed to cooperate by
not acting to the best of its ability in this
review, we are preliminarily applying
adverse facts available (‘‘AFA’’) to the
PRC-wide entity, in accordance with
sections 776(a) and (b) of the Tariff Act
of 1930, as amended (the ‘‘Act’’).3
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Act. Export prices
have been calculated in accordance with
section 772 of the Act. Because the PRC
is a nonmarket economy 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, please see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit (‘‘CRU’’), room 7046 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 https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
2 See Hilltop’s October 3, 2012, submission, Re:
Further Information Requests for Hilltop
International in the Seventh Administrative Review
of Certain Frozen Warmwater Shrimp from the
People’s Republic of China, Case No. A–570–893.
3 See Preliminary Decision Memorandum, at 6.
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versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
On April 18, 2012, the Department
received a ‘‘no shipment certification’’ 4
from Allied Pacific Food (Dalian) Co.,
Ltd. and Allied Pacific Aquatic Products
(Zhanjiang) Co., Ltd. (collectively
‘‘Allied Pacific Group’’).5 On March 28,
2012, the Department received a
properly filed ‘‘no shipment
certification’’ 6 from Shantou Yuexing
Enterprise Company (‘‘SYEC’’). In its
certification, SYEC also requested that
the Department rescind the review with
respect to SYEC, pursuant to 19 CFR
351.213(d)(3).7 On April 6, 2012, the
Department received a properly filed
‘‘no shipment certification’’ from Rizhao
Smart Foods Co., Ltd. (‘‘Smart Foods’’) 8
On April 20, 2012, the Department
sent inquiries to U.S. Customs and
Border Protection (‘‘CBP’’) to determine
whether CBP entry data is consistent
with SYEC’s and Allied Pacific Group’s
no shipments certifications and received
no information contrary to that
statement. On February 5, 2013, the
Department sent an inquiry to CBP to
determine whether CBP entry data
consistent with Smart Foods no
shipment certification and received no
information contrary to that statement.
As CBP only responds to the
Department’s inquiry when there are
records of shipments from the company
in question 9 and no party submitted
comments, we preliminarily determine
that SYEC, Allied Pacific Group, and
Smart Foods had no shipments during
the POR.
Based on SYEC’s, Allied Pacific
Group’s and Smart Foods’ certifications
and our analysis of CBP information, we
4 Companies have the opportunity to submit
statements certifying that they did not enter, export
or sell subject merchandise to the United States
during the POR.
5 See Letter from Allied Pacific Group, No
Shipment Certificate, dated April 18, 2012.
6 Companies have the opportunity to submit
statements certifying that they did not enter, export
or sell subject merchandise to the United States
during the POR.
7 See Letter from Shantou Yuexing regarding
Request for Rescinding an Administrative Review
dated March 28, 2012.
8 See Letter from Smart Foods, dated April 6,
2012.
9 See Certain Hot-Rolled Flat-Rolled Carbon
Quality Steel Flat Products From Brazil: Notice of
Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010);
Certain Circular Welded Carbon Steel Pipes and
Tubes from Taiwan: Notice of Intent to Rescind
Administrative Review, 74 FR 3559, 3560 (January
21, 2009); and Certain In-Shell Raw Pistachios from
Iran: Rescission of Antidumping Duty
Administrative Review, 73 FR 9292, 9293 (February
20, 2008).
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preliminarily determine that SYEC,
Allied Pacific Group, and Smart Foods
did not have any reviewable
transactions during the POR. In
addition, the Department finds that
consistent with its recently announced
refinement to its assessment practice in
NME cases, it is appropriate not to
rescind the review in part in this
circumstance but, rather, to complete
the review with respect to SYEC, Allied
Pacific Group, and Smart Food and
issue appropriate instructions to CBP
based on the final results of the
review.10
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist.
Exporter
Zhanjiang Regal Integrated Marine Resources Co., Ltd ........
PRC-Wide Entity (which includes Hilltop International)11
Weighted
average
dumping
margin
(percent)
0.00
112.81
Disclosure and Public Comment
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice.
Interested parties, who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
Import Administration’s IA ACCESS.
An electronically filed document must
be received successfully in its entirety
by Import Administration’s IA ACCESS,
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.12 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.
Parties should confirm by telephone the
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section, below.
11 The Department preliminarily determines that
70 PRC exporters have not demonstrated their
eligibility for separate rate status. See Appendix 1
and Preliminary Decision Memorandum, at 6.
12 See 19 CFR 351.310(c).
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date, time, and location of the hearing.
Interested parties are invited to
comment on the preliminary results of
this review.
Because, as noted below, the
Department may verify the information
upon which we will rely in making our
final determination, the Department will
establish the briefing schedule at a later
time, and will notify parties of the
schedule in accordance with 19 CFR
351.309. Interested parties may file
rebuttal briefs, limited to issues raised
in the case briefs.13 The Department will
consider rebuttal briefs filed not later
than five days after the time limit for
filing case briefs. Parties who submit
arguments are requested to submit with
each argument a statement of the issue,
a brief summary of the argument, and a
table of authorities cited. The
Department intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised in the written comments,
within 120 days of publication of these
preliminary results in the Federal
Register.
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Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication of the final results
of this review. For any individually
examined respondent whose weighted
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, the Department
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and 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 Final Modification for
Reviews,14 i.e., on the basis of monthly
average-to-average comparisons using
only the transactions associated with
that importer with offsets being
provided for non-dumped comparisons.
Where an importer- (or customer-)
specific ad valorem rate is greater than
de minimis, the Department will
instruct CBP to collect the appropriate
19 CFR 351.309(d).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification for
Reviews’’).
duties at the time of liquidation.15
Where an importer- (or customer-)
specific ad valorem is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.16
The Department recently announced a
refinement to its assessment practice in
NME antidumping duty cases. Pursuant
to this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this recently announced
refinement, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number will be liquidated at the PRCwide rate.17
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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
sections 751(a)(2)(C) of the Act: (1) For
the companies listed above, which has
a separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero 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.
13 See
14 See
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15 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
17 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
16 See
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Post-Preliminary Results
As further explained in the
Preliminary Decision Memorandum,
Regal has requested a company-specific
revocation pursuant to 19 CFR
351.222.18 The Department is currently
analyzing Regal’s request and intends to
issue post-preliminary results regarding
Regal’s revocation request. Additionally,
on May 11, 2012, Zhanjiang Newpro
Foods Co., Ltd. (‘‘Newpro’’) submitted a
timely separate rate application.19 When
the Department originally reviewed the
separate rate application it inadvertently
overlooked information regarding the
entry documentation. Upon a recent
further examination of the separate rate
application, the Department discovered
a discrepancy that required the
Department to request further
information from Newpro to determine
the appropriateness of granting Newpro
a separate rate.20 Until the Department
has fully analyzed the recently
requested information the Department is
unable to make a determination
regarding whether it is appropriate to
grant Newpro a separate rate. Due to the
close proximity to the preliminary
results, we are unable to take Newpro’s
response into consideration for the
preliminary results. Newpro’s response
will be taken into consideration for the
post-preliminary results. Because the
Department cannot determine Newpro’s
eligibility for a separate rate for these
preliminary results, pending the postpreliminary results, Newpro will remain
part of the PRC-wide entity, its status
before the filing of this separate rate
application in this review.
Notification to Importers
This notice also 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 this
review period. 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.
This determination is being issued
and published in accordance with
18 See Regal’s Request for Administrative Review
and Revocation, dated February 28, 2012, at 2–3.
See also Regal’s 4th Supplemental Questionnaire
Response, dated December 7, 2012, at 1.
19 See Newpro’s Separate Rate Application filed
May 11, 2012 (‘‘Newpro SRA’’).
20 See letter from Catherine Bertrand, to
Zhanjiang Newpro Foods Co., Ltd. (‘‘Newpro’’), Re:
Certain Warmwater Shrimp from the People’s
Republic of China (‘‘PRC’’), dated February 13,
2013.
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sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
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Appendix 1
Aside from Hilltop, the companies that are
not eligible for a separate rate and are part
of the PRC-wide entity include:
1. Aqua Foods (Qingdao) Co., Ltd.
2. Asian Seafoods (Zhanjiang) Co., Ltd.
3. Beihai Evergreen Aquatic Product
Science And Technology Co Ltd
4. Dalian Hualian Foods Co., Ltd.
5. Dalian Shanhai Seafood Co., Ltd.
6. Dalian Taiyang Aquatic Products Co.,
Ltd.
7. Dalian Z&H Seafood Co., Ltd.
8. Fujian Chaohui International Trading
9. Fujian Dongshan County Shunfa Aquatic
Product Co., Ltd.
10. Fujian Rongjiang Import and Export
Corp.
11. Fuqing Minhua Trade Co., Ltd
12. Fuqing Yihua Aquatic Food Co., Ltd.
13. Fuqing Yiyuan Trading Co., Ltd.
14. Guangdong Jiahuang Foods Co., Ltd.
15. Guangdong Jinhang Foods Co., Ltd.
16. Guangdong Shunxin Sea Fishery Co.
Ltd.
17. Guangdong Wanya Foods Fty. Co., Ltd.
18. Hai Li Aquatic Co., Ltd.
19. Hainan Brich Aquatic Products Co.,
Ltd.
20. Hainan Hailisheng Food Co., Ltd.
21. Hainan Xiangtai Fishery Co., Ltd.
22. Haizhou Aquatic Products Co., Ltd.
23. Hua Yang (Dalian) International
Transportation Service Co.
24. Kingston Foods Corporation
25. Maoming Xinzhou Seafood Co., Ltd.
26. Ocean Duke Corporation
27. Olanya (Germany) Ltd.
28. Qingdao Yuanqiang Foods Co., Ltd.
29. Rizhao Xinghe Foodstuff Co., Ltd.
30. Rui’an Huasheng Aquatic Products
Processing Factory
31. Savvy Seafood Inc.
32. Sea Trade International Inc.
33. Shandong Meijia Group Co., Ltd.
34. Shanghai Linghai Fisheries Trading Co.
Ltd.
35. Shanghai Lingpu Aquatic Products Co.
36. Shanghai Smiling Food Co., Ltd.
37. Shanghai Zhoulian Foods Co., Ltd.
38. Shantou Jiazhou Foods Industry
39. Shantou Jin Cheng Food Co., Ltd.
40. Shantou Longsheng Aquatic Product
Foodstuff Co., Ltd.
41. Shantou Ruiyuan Industry Company
Ltd.
42. Shantou Wanya Foods Fty. Co., Ltd.
43. Shenzen Allied Aquatic Produce
Development Ltd.
44. Shenzhen Yudayuan Trade Ltd.
45. Thai Royal Frozen Food Zhanjiang Co.,
Ltd.
46. Xiamen Granda Import & Export Co.,
Ltd.
47. Yancheng Hi-king Agriculture
Developing Co., Ltd.
48. Yanfeng Aquatic Product Foodstuff
49. Yangjiang Anyang Food Co., Ltd.
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50. Yangjiang City Yelin Hoi Tat Quick
Frozen Seafood Co., Ltd.
51. Yangjiang Wanshida Seafood Co., Ltd.
52. Yelin Enterprise Co., Ltd.
53. Zhangzhou Xinwanya Aquatic Product
54. Zhangzhou Yanfeng Aquatic Product
55. Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd.
56. Zhanjiang Fuchang Aquatic Products
Co., Ltd.
57. Zhanjiang Go Harvest Aquatic Products
Co., Ltd.
58. Zhanjiang Haizhou Aquatic Product Co.
Ltd.
59. Zhanjiang Hengrun Aquatic Co, Ltd.
60. Zhanjiang Jinguo Marine Foods Co.,
Ltd.
61. Zhanjiang Join Wealth Aquatic
Products Co., Ltd.
62. Zhanjiang Longwei Aquatic Products
Industry Co., Ltd.
63. Zhanjiang Newpro Foods Co., Ltd.
64. Zhanjiang Rainbow Aquatic
Development
65. Zhanjiang Universal Seafood Corp.
66. Zhejiang Daishan Baofa Aquatic
Products Co., Ltd.
67. Zhejiang Xinwang Foodstuffs Ltd.
68. Zhejiang Zhoufu Food Co., Ltd.
69. Zhoushan Corporation
70. Zhoushan Haiwang Seafood Co., Ltd.
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Background.
2. Respondent Selection.
3. Questionnaires.
4. Scope of the Order.
5. Separate Rates.
6. PRC-Wide Entity.
7. Use of Facts Available and AFA.
8. Application of Total AFA to the PRCWide Entity.
9. Selection of AFA Rate.
10. Corroboration of Secondary
Information.
11. Rate for Non-Selected Companies.
12. Preliminary Determination of No
Shipments.
13. Non-Market Economy Country.
14. Surrogate Country and Surrogate Value
Data.
15. Surrogate Country.
16. Economic Comparability.
17. Significant Producers of Comparable
Merchandise.
18. Data Availability.
19. Date of Sale.
20. Targeted Dumping.
21. Results of Targeted Dumping Analysis.
22. Fair Value Comparisons.
23. Export Price.
24. Normal Value.
25. Factor Valuations.
26. Currency Conversion.
27. Regal Revocation Request.
[FR Doc. 2013–05667 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–DS–P
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15699
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Preliminary Results of
Antidumping Duty Administrative
Review, 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is
conducting the administrative review of
the antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) for the period of review
(‘‘POR’’) February 1, 2011, through
January 31, 2012. The Department has
preliminarily determined that sales by
the Minh Phu Group,1 and Nha Trang
Seafoods,2 the two mandatory
respondents, and Quoc Viet,3 the
voluntary respondent, have not been
made below normal value (‘‘NV’’).
Additionally, the Department has
preliminarily determined not to revoke
the order in part, with respect to Nha
Trang Seafoods.4
DATES: Effective Date: March 12, 2013.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer, Irene Gorelik, and Alan Ray,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–9068, (202) 482–
6905, and (202) 482–5403, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
1 Minh Phu Seafood Corporation, Minh Qui
Seafood Co., Ltd., Minh Phat Seafood Co., Ltd.
(collectively, the ‘‘Minh Phu Group’’).
2 Nha Trang Seaproduct Company and its
affiliates, NT Seafoods Corporation, Nhatrang
Seafoods-F.89 Joint Stock Company, and NTSF
Seafoods Joint Stock Company (collectively, the
‘‘Nha Trang Seafoods’’).
3 Quoc Viet Seaproducts Processing Trading and
Import-Export Co., Ltd. (‘‘Quoc Viet’’).
4 See ‘‘Decision Memorandum for Preliminary
Results for the Antidumping Duty Administrative
Review of Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam,’’ (‘‘Preliminary
Decision Memorandum’’) from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
dated concurrently with these results at 5.
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15696-15699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05667]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Preliminary Results of Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain frozen
warmwater shrimp (``shrimp'') from the People's Republic of China
(``PRC''), covering the period of review (``POR'') from February 1,
2011, through January 31, 2012. As discussed below, the Department
preliminarily determines that Zhanjiang Regal Integrated Marine
Resources Co., Ltd. (``Regal'') did not make sales in the United States
at prices below normal value (``NV'') during the POR. Additionally, the
Department preliminarily determines that Hilltop International
(``Hilltop'') failed to cooperate to the best of its ability in this
review. The Department is finding Hilltop to be part of the PRC-wide
entity to which we are applying adverse facts available (``AFA'') as
discussed below.
DATES: Effective Date: March 12, 2013.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-7906 or (202)
482-5260 respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp.\1\ The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21,
[[Page 15697]]
0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS numbers are provided for convenience
and for customs purposes, the written product description, available in
Certain Frozen Warmwater Shrimp From Brazil, India, the People's
Republic of China, Thailand, and the Socialist Republic of Vietnam:
Amended Antidumping Duty Orders in Accordance with Final Court
Decision, 76 FR 23277 (April 26, 2011), remains dispositive.
---------------------------------------------------------------------------
\1\ See the Decision Memorandum for Preliminary Results for the
Antidumping Duty Administrative Review of Warmwater Shrimp from the
People's Republic of China,'' (``Preliminary Decision Memorandum'')
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, dated concurrently with these results,
for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
PRC-Wide Entity
During the review, Hilltop notified the Department that it declined
to answer further requests for information in this proceeding.\2\
Accordingly, the Department will preliminarily treat Hilltop as part of
the PRC-wide entity. Because the PRC-wide entity, which includes
Hilltop, failed to cooperate by not acting to the best of its ability
in this review, we are preliminarily applying adverse facts available
(``AFA'') to the PRC-wide entity, in accordance with sections 776(a)
and (b) of the Tariff Act of 1930, as amended (the ``Act'').\3\
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\2\ See Hilltop's October 3, 2012, submission, Re: Further
Information Requests for Hilltop International in the Seventh
Administrative Review of Certain Frozen Warmwater Shrimp from the
People's Republic of China, Case No. A-570-893.
\3\ See Preliminary Decision Memorandum, at 6.
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Act. Export prices have been calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy 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, please
see the Preliminary Decision Memorandum, dated concurrently with these
results and hereby adopted by this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit (``CRU''), room 7046 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 https://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Shipments
On April 18, 2012, the Department received a ``no shipment
certification'' \4\ from Allied Pacific Food (Dalian) Co., Ltd. and
Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd. (collectively
``Allied Pacific Group'').\5\ On March 28, 2012, the Department
received a properly filed ``no shipment certification'' \6\ from
Shantou Yuexing Enterprise Company (``SYEC''). In its certification,
SYEC also requested that the Department rescind the review with respect
to SYEC, pursuant to 19 CFR 351.213(d)(3).\7\ On April 6, 2012, the
Department received a properly filed ``no shipment certification'' from
Rizhao Smart Foods Co., Ltd. (``Smart Foods'') \8\
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\4\ Companies have the opportunity to submit statements
certifying that they did not enter, export or sell subject
merchandise to the United States during the POR.
\5\ See Letter from Allied Pacific Group, No Shipment
Certificate, dated April 18, 2012.
\6\ Companies have the opportunity to submit statements
certifying that they did not enter, export or sell subject
merchandise to the United States during the POR.
\7\ See Letter from Shantou Yuexing regarding Request for
Rescinding an Administrative Review dated March 28, 2012.
\8\ See Letter from Smart Foods, dated April 6, 2012.
---------------------------------------------------------------------------
On April 20, 2012, the Department sent inquiries to U.S. Customs
and Border Protection (``CBP'') to determine whether CBP entry data is
consistent with SYEC's and Allied Pacific Group's no shipments
certifications and received no information contrary to that statement.
On February 5, 2013, the Department sent an inquiry to CBP to determine
whether CBP entry data consistent with Smart Foods no shipment
certification and received no information contrary to that statement.
As CBP only responds to the Department's inquiry when there are records
of shipments from the company in question \9\ and no party submitted
comments, we preliminarily determine that SYEC, Allied Pacific Group,
and Smart Foods had no shipments during the POR.
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\9\ See Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat
Products From Brazil: Notice of Rescission of Antidumping Duty
Administrative Review, 75 FR 65453, 65454 (October 25, 2010);
Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan:
Notice of Intent to Rescind Administrative Review, 74 FR 3559, 3560
(January 21, 2009); and Certain In-Shell Raw Pistachios from Iran:
Rescission of Antidumping Duty Administrative Review, 73 FR 9292,
9293 (February 20, 2008).
---------------------------------------------------------------------------
Based on SYEC's, Allied Pacific Group's and Smart Foods'
certifications and our analysis of CBP information, we preliminarily
determine that SYEC, Allied Pacific Group, and Smart Foods did not have
any reviewable transactions during the POR. In addition, the Department
finds that consistent with its recently announced refinement to its
assessment practice in NME cases, it is appropriate not to rescind the
review in part in this circumstance but, rather, to complete the review
with respect to SYEC, Allied Pacific Group, and Smart Food and issue
appropriate instructions to CBP based on the final results of the
review.\10\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section, below.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist.
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhanjiang Regal Integrated Marine Resources Co., Ltd....... 0.00
PRC-Wide Entity (which includes Hilltop International)\11\. 112.81
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice. Interested parties, who wish to request a hearing, or
to participate if one is requested, must submit a written request to
the Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using Import Administration's IA ACCESS.
An electronically filed document must be received successfully in its
entirety by Import Administration's IA ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.\12\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. If a request for a hearing is made, the Department will
inform parties of the scheduled date for the hearing which will be held
at the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and location to be determined.
Parties should confirm by telephone the
[[Page 15698]]
date, time, and location of the hearing. Interested parties are invited
to comment on the preliminary results of this review.
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\11\ The Department preliminarily determines that 70 PRC
exporters have not demonstrated their eligibility for separate rate
status. See Appendix 1 and Preliminary Decision Memorandum, at 6.
\12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Because, as noted below, the Department may verify the information
upon which we will rely in making our final determination, the
Department will establish the briefing schedule at a later time, and
will notify parties of the schedule in accordance with 19 CFR 351.309.
Interested parties may file rebuttal briefs, limited to issues raised
in the case briefs.\13\ The Department will consider rebuttal briefs
filed not later than five days after the time limit for filing case
briefs. Parties who submit arguments are requested to submit with each
argument a statement of the issue, a brief summary of the argument, and
a table of authorities cited. The Department intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised in the written comments, within 120 days of
publication of these preliminary results in the Federal Register.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of this review. For any individually examined respondent whose weighted
average dumping margin is above de minimis (i.e., 0.50 percent) in the
final results of this review, the Department will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales and 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 Final Modification for Reviews,\14\ i.e.,
on the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons. Where an importer- (or customer-) specific
ad valorem rate is greater than de minimis, the Department will
instruct CBP to collect the appropriate duties at the time of
liquidation.\15\ Where an importer- (or customer-) specific ad valorem
is zero or de minimis, the Department will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification for Reviews'').
\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2).
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The Department recently announced a refinement to its assessment
practice in NME antidumping duty cases. Pursuant to this refinement in
practice, for merchandise that was not reported in the U.S. sales
databases submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, pursuant to this recently announced refinement, if
the Department determines that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
PRC-wide rate.\17\
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\17\ 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 this administrative review 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 sections 751(a)(2)(C) of the Act: (1) For the companies
listed above, which has a separate rate, the cash deposit rate will be
that established in the final results of this review (except, if the
rate is zero or de minimis, then zero 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.
Post-Preliminary Results
As further explained in the Preliminary Decision Memorandum, Regal
has requested a company-specific revocation pursuant to 19 CFR
351.222.\18\ The Department is currently analyzing Regal's request and
intends to issue post-preliminary results regarding Regal's revocation
request. Additionally, on May 11, 2012, Zhanjiang Newpro Foods Co.,
Ltd. (``Newpro'') submitted a timely separate rate application.\19\
When the Department originally reviewed the separate rate application
it inadvertently overlooked information regarding the entry
documentation. Upon a recent further examination of the separate rate
application, the Department discovered a discrepancy that required the
Department to request further information from Newpro to determine the
appropriateness of granting Newpro a separate rate.\20\ Until the
Department has fully analyzed the recently requested information the
Department is unable to make a determination regarding whether it is
appropriate to grant Newpro a separate rate. Due to the close proximity
to the preliminary results, we are unable to take Newpro's response
into consideration for the preliminary results. Newpro's response will
be taken into consideration for the post-preliminary results. Because
the Department cannot determine Newpro's eligibility for a separate
rate for these preliminary results, pending the post-preliminary
results, Newpro will remain part of the PRC-wide entity, its status
before the filing of this separate rate application in this review.
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\18\ See Regal's Request for Administrative Review and
Revocation, dated February 28, 2012, at 2-3. See also Regal's 4th
Supplemental Questionnaire Response, dated December 7, 2012, at 1.
\19\ See Newpro's Separate Rate Application filed May 11, 2012
(``Newpro SRA'').
\20\ See letter from Catherine Bertrand, to Zhanjiang Newpro
Foods Co., Ltd. (``Newpro''), Re: Certain Warmwater Shrimp from the
People's Republic of China (``PRC''), dated February 13, 2013.
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 this review period. 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.
This determination is being issued and published in accordance with
[[Page 15699]]
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix 1
Aside from Hilltop, the companies that are not eligible for a
separate rate and are part of the PRC-wide entity include:
1. Aqua Foods (Qingdao) Co., Ltd.
2. Asian Seafoods (Zhanjiang) Co., Ltd.
3. Beihai Evergreen Aquatic Product Science And Technology Co
Ltd
4. Dalian Hualian Foods Co., Ltd.
5. Dalian Shanhai Seafood Co., Ltd.
6. Dalian Taiyang Aquatic Products Co., Ltd.
7. Dalian Z&H Seafood Co., Ltd.
8. Fujian Chaohui International Trading
9. Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
10. Fujian Rongjiang Import and Export Corp.
11. Fuqing Minhua Trade Co., Ltd
12. Fuqing Yihua Aquatic Food Co., Ltd.
13. Fuqing Yiyuan Trading Co., Ltd.
14. Guangdong Jiahuang Foods Co., Ltd.
15. Guangdong Jinhang Foods Co., Ltd.
16. Guangdong Shunxin Sea Fishery Co. Ltd.
17. Guangdong Wanya Foods Fty. Co., Ltd.
18. Hai Li Aquatic Co., Ltd.
19. Hainan Brich Aquatic Products Co., Ltd.
20. Hainan Hailisheng Food Co., Ltd.
21. Hainan Xiangtai Fishery Co., Ltd.
22. Haizhou Aquatic Products Co., Ltd.
23. Hua Yang (Dalian) International Transportation Service Co.
24. Kingston Foods Corporation
25. Maoming Xinzhou Seafood Co., Ltd.
26. Ocean Duke Corporation
27. Olanya (Germany) Ltd.
28. Qingdao Yuanqiang Foods Co., Ltd.
29. Rizhao Xinghe Foodstuff Co., Ltd.
30. Rui'an Huasheng Aquatic Products Processing Factory
31. Savvy Seafood Inc.
32. Sea Trade International Inc.
33. Shandong Meijia Group Co., Ltd.
34. Shanghai Linghai Fisheries Trading Co. Ltd.
35. Shanghai Lingpu Aquatic Products Co.
36. Shanghai Smiling Food Co., Ltd.
37. Shanghai Zhoulian Foods Co., Ltd.
38. Shantou Jiazhou Foods Industry
39. Shantou Jin Cheng Food Co., Ltd.
40. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
41. Shantou Ruiyuan Industry Company Ltd.
42. Shantou Wanya Foods Fty. Co., Ltd.
43. Shenzen Allied Aquatic Produce Development Ltd.
44. Shenzhen Yudayuan Trade Ltd.
45. Thai Royal Frozen Food Zhanjiang Co., Ltd.
46. Xiamen Granda Import & Export Co., Ltd.
47. Yancheng Hi-king Agriculture Developing Co., Ltd.
48. Yanfeng Aquatic Product Foodstuff
49. Yangjiang Anyang Food Co., Ltd.
50. Yangjiang City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd.
51. Yangjiang Wanshida Seafood Co., Ltd.
52. Yelin Enterprise Co., Ltd.
53. Zhangzhou Xinwanya Aquatic Product
54. Zhangzhou Yanfeng Aquatic Product
55. Zhanjiang Evergreen Aquatic Product Science and Technology
Co., Ltd.
56. Zhanjiang Fuchang Aquatic Products Co., Ltd.
57. Zhanjiang Go Harvest Aquatic Products Co., Ltd.
58. Zhanjiang Haizhou Aquatic Product Co. Ltd.
59. Zhanjiang Hengrun Aquatic Co, Ltd.
60. Zhanjiang Jinguo Marine Foods Co., Ltd.
61. Zhanjiang Join Wealth Aquatic Products Co., Ltd.
62. Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
63. Zhanjiang Newpro Foods Co., Ltd.
64. Zhanjiang Rainbow Aquatic Development
65. Zhanjiang Universal Seafood Corp.
66. Zhejiang Daishan Baofa Aquatic Products Co., Ltd.
67. Zhejiang Xinwang Foodstuffs Ltd.
68. Zhejiang Zhoufu Food Co., Ltd.
69. Zhoushan Corporation
70. Zhoushan Haiwang Seafood Co., Ltd.
Appendix 2
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Background.
2. Respondent Selection.
3. Questionnaires.
4. Scope of the Order.
5. Separate Rates.
6. PRC-Wide Entity.
7. Use of Facts Available and AFA.
8. Application of Total AFA to the PRC-Wide Entity.
9. Selection of AFA Rate.
10. Corroboration of Secondary Information.
11. Rate for Non-Selected Companies.
12. Preliminary Determination of No Shipments.
13. Non-Market Economy Country.
14. Surrogate Country and Surrogate Value Data.
15. Surrogate Country.
16. Economic Comparability.
17. Significant Producers of Comparable Merchandise.
18. Data Availability.
19. Date of Sale.
20. Targeted Dumping.
21. Results of Targeted Dumping Analysis.
22. Fair Value Comparisons.
23. Export Price.
24. Normal Value.
25. Factor Valuations.
26. Currency Conversion.
27. Regal Revocation Request.
[FR Doc. 2013-05667 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P