Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Partial Rescission; 2010-2011, 22228-22230 [2013-08791]
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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Notices
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results for all
shipments of SSB from Brazil entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) No cash deposit
will be required for Villares which
received a rate of 0.00 percent in the
final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original 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; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 19.43
percent, the all-others rate established
in the Notice of Final Determination of
Sales at Less Than Fair Value: Stainless
Steel Bar From Brazil, 59 FR 66914
(December 28, 1994). These cash deposit
requirements shall remain in effect until
further notice.
sroberts on DSK5SPTVN1PROD with NOTICES
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
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
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
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and the terms of an APO is a
sanctionable violation.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–08792 Filed 4–12–13; 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: Final
Results of Antidumping Duty
Administrative Review and Partial
Rescission; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on
freshwater crawfish tail meat from the
People’s Republic of China (the PRC).
The period of review (POR) is
September 1, 2010, through August 31,
2011. For the final results, we continue
to find that certain companies covered
by this review made sales of subject
merchandise at less than normal value.
DATES: Effective Date: April 15, 2013.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Minoo Hatten, 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) 482–3477 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 9, 2012, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the PRC.1 On
1 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Antidumping Duty
Administrative Review; 2010–2011, 77 FR 61383
(October 9, 2012) (Preliminary Results) and the
accompanying Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
entitled ‘‘Decision Memorandum for Preliminary
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Frm 00004
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Sfmt 4703
January 14, 2013, we issued a
memorandum extending the time limit
for the final results of the review to
April 9, 2013.2 On February 25, 2013,
we issued a post-preliminary
memorandum finding that Xiping
Opeck Food Co., Ltd.’s (Xiping Opeck)
U.S. customer’s customer is a price
discriminator, i.e., is in a position to set
the price of the product, for most of
Xiping Opeck’s entries subject to this
review.3
We received case and rebuttal briefs
with respect to the Preliminary Results
and the Post-Preliminary Analysis
Memo, and at the Crawfish Processors
Alliance’s request, we held a hearing on
March 14, 2013.
We have conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the
antidumping duty order is freshwater
crawfish tail meat. The freshwater
crawfish tail meat subject to the order is
currently classifiable under subheadings
1605.40.10.10, 1605.40.10.90,
0306.19.00.10, and 0306.29.00.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheadings are provided for
convenience and customs purposes
only. A full description of the scope of
the order is contained in the Issues and
Decision Memorandum,4 which is
hereby adopted by this notice. The
written description of the scope of the
order is dispositive.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review are
addressed in the Issues and Decision
Results of Antidumping Duty Administrative
Review: Freshwater Crawfish Tail Meat from the
People’s Republic of China,’’ dated October 9, 2012
(Preliminary Decision Memorandum).
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled
‘‘Freshwater Crawfish Tail Meat from the People’s
Republic of China: Extension of Time Limit for
Final Results of Antidumping Duty Administrative
Review,’’ dated January 14, 2013.
3 See Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, entitled,
‘‘Freshwater Crawfish Tail Meat from the People’s
Republic of China—Post-Preliminary Analysis
Memorandum’’ dated February 25, 2013 (PostPreliminary Analysis Memo).
4 See Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled
‘‘Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative
Review of Freshwater Crawfish Tail Meat from the
People’s Republic of China’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
E:\FR\FM\15APN1.SGM
15APN1
Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Notices
Memorandum. A list of the issues raised
is attached to this notice as an
appendix. The Issues and 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).
Access to IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Import Administration
Web site at https://ia.ita.doc.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Rescission of Administrative Review in
Part
We preliminarily found that Shanghai
Ocean Flavor International Trading Co.,
Ltd. (Shanghai Ocean Flavor), and
Xuzhou Jinjiang Foodstuffs Co., Ltd.
(Xuzhou Jinjiang) did not have exports
of subject merchandise during the POR
and, on this basis, we stated our intent
to rescind the review in part.5 We
continue to find that Shanghai Ocean
Flavor and Xuzhou Jinjiang had no
shipments of freshwater crawfish tail
meat from the PRC during the POR. In
accordance with 19 CFR 351.213(d)(3),
we are rescinding the review of
Shanghai Ocean Flavor, and Xuzhou
Jinjiang.
sroberts on DSK5SPTVN1PROD with NOTICES
Nature of Transactions Pertaining to
the Entries Under Review With Respect
to Xiping Opeck
In our Post-Preliminary Analysis
Memo we preliminarily found that
another entity (hereinafter, Company
A) 6 plays a role in the pricing
associated with most of Xiping Opeck’s
entries of subject merchandise in this
review. For a detailed discussion on this
issue and of our calculation of the
antidumping margin on the sales made
by Company A, see the Post-Preliminary
Analysis Memo. For these final results,
we continue to find that Company A
plays a role in the pricing associated
with most of Xiping Opeck’s entries of
subject merchandise in this review.
5 See
Preliminary Decision Memorandum, at 2–3.
are withholding the identity of Company A
because Xiping Opeck’s U.S. customer claimed
business-proprietary treatment of this information.
See Post-Preliminary Analysis Memo at 1.
6 We
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Separate Rate for a Non-Selected
Company
Nanjing Gemsen International Co.,
Ltd. (Nanjing) is the only exporter of
crawfish tail meat from the PRC that
demonstrated its eligibility for a
separate rate which was not selected for
individual examination in this review.
The calculated rates of the respondents
selected for individual examination
have changed since the Preliminary
Results and are now all zero.
Accordingly, we have concluded that in
this case a reasonable method for
determining the rate for the nonselected company, Nanjing, is to apply
its most recent individually calculated
rate of 12.37 percent to Nanjing, its
calculated rate in a previous
administrative review.7 For a detailed
discussion, see Issues and Decision
Memorandum.
22229
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review. We intend to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of review.
For Xiping Opeck, China Kingdom
(Beijing) Import & Export Co. Ltd., and
Hi-King Agriculture we will instruct
CBP to liquidate all entries during the
POR without regard to antidumping
duties because their weighted-average
dumping margins in these final results
are zero or de minimis.9 For Nanjing,
the only non-selected respondent that
received a separate rate, we will instruct
CBP to apply an antidumping duty
assessment rate equal to the weightedaverage dumping margin in these final
results of 12.37 percent to all entries of
subject merchandise that entered the
United States during the POR.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date as provided by
section 751(a)(2)(C) of the Act: (1) For
subject merchandise exported by the
companies listed above that have
separate rates, the cash deposit rate will
be the rate established in this final
results of review for each exporter as
listed above, except if the rate is zero or
Final Results of the Review
de minimis, then no cash deposit will be
required for that exporter; (2) for
As a result of the administrative
review, we determine that the following previously investigated companies not
listed above that have separate rates, the
percentage weighted-average dumping
cash deposit rate will continue to be the
margins exist for the period September
company-specific rate published for the
1, 2010, through August 31, 2011:
investigation; (3) for all other PRC
exporters of subject merchandise which
Margin
Company
(percent)
have not been found to be entitled to a
separate rate, the cash deposit rate will
Xiping Opeck Food Co., Ltd. ......
0.00 be the PRC-wide rate of 223.01 percent;
China Kingdom (Beijing) Import
(4) for all non-PRC exporters of subject
& Export Co. Ltd. ....................
0.00
merchandise which have not received
Yangcheng Hi-King Agriculture
Developing Co. Ltd.8 ...............
0.00 their own rate, the cash deposit rate will
be the rate applicable to the PRC entity
Nanjing Gemsen International
Co., Ltd. ..................................
12.37 that supplied that non-PRC exporter.
These deposit requirements shall
remain in effect until further notice.
Assessment
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made revisions that
have changed the results for certain
companies. Additionally, we have made
calculation programming changes
for the final results. For further details
on the changes we made for these final
results, see the company-specific
analysis memoranda, the PostPreliminary Analysis Memo, and the
Issues and Decision Memorandum,
which are hereby adopted by this
notice.
The Department will determine, and
U.S Customs and Border Protection
7 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative and NewShipper Reviews, 75 FR 79337 (December 20, 2010).
8 For these final results, we continue to find that
Yangcheng Hi-King Agriculture Developing Co. Ltd
(Hi-King Agriculture) and its affiliates, Yancheng
Seastar Seafood Co., Ltd., Wuhan Hi-King
Agriculture Development Co., Ltd., Yancheng HiKing Frozen Food Co., Ltd., Jiangxi Hi-King Poyang
Lake Seafood Co., Ltd., and Yancheng Hi-King
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Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
Aquatic Growing Co., Ltd., are a single entity for the
purpose of calculating an antidumping duty margin.
See Issues and Decision memorandum.
9 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012).
E:\FR\FM\15APN1.SGM
15APN1
22230
Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Notices
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.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
1. Use of U.S. Prices to Value Whole
Crawfish
2. Use of Post-POR Spanish Prices to Value
Whole Crawfish
3. Use of Updated Financial Information to
Value Factory Overhead, Selling, General
& Administrative (SG&A) Expenses, and
Profit
Background
On October 9, 2012, the Department
published the Preliminary Results. On
October 31, 2012, Fengchi Imp. and
Exp. Co., Ltd. of Haicheng City, and its
affiliated producer Fengchi Refractories
Co., of Haicheng City (collectively
‘‘Fengchi’’) submitted surrogate value
information. On November 13, 2012, the
Department received case briefs from
Resco Products, Inc. (‘‘Petitioner’’) and
from Fengchi and Fedmet Resources
Corporation (‘‘Fedmet’’), an importer of
subject merchandise. On November 19,
2012, the Department received rebuttal
briefs from Petitioner, ANH Refractories
Company (‘‘ANH’’), a domestic
interested party, Fengchi and Fedmet.
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the first administrative review of the
antidumping duty order on certain
magnesia carbon bricks from the
People’s Republic of China (‘‘PRC’’).1
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
entitled, ‘‘Certain Magnesia Carbon
Bricks from the People’s Republic of
China: Issues and Decision
Memorandum for the Final Results of
the 2010–2011 Administrative Review
(‘‘Issues and Decision Memorandum’’),’’
which is dated concurrently with, and
adopted by, this notice. A list of the
issues which parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice as Appendix I. The Issues
and 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 is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
1 See Certain Magnesia Carbon Bricks From the
People’s Republic of China: Antidumping Duty
Administrative Review; 2010–2011, 77 FR 61394
(October 9, 2012) (‘‘Preliminary Results’’).
[FR Doc. 2013–08791 Filed 4–12–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–954]
Certain Magnesia Carbon Bricks From
the People’s Republic of China: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative
Review; 2010–2011
AGENCY:
sroberts on DSK5SPTVN1PROD with NOTICES
We provided interested parties an
opportunity to comment on the
Preliminary Results. After reviewing the
comments and information received, we
made no change to the Preliminary
Results. The final weighted-average
dumping margins for this review are
listed below in the ‘‘Final Results of
Review’’ section of this notice. The
period of review (‘‘POR’’) is March 12,
2010, through August 31, 2011.
DATES: Effective Date: April 15, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4047.
SUPPLEMENTARY INFORMATION:
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17:00 Apr 12, 2013
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Sfmt 4703
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
www.trade.gov/ia/. The signed Issues
and Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Scope of the Order
The merchandise subject to the order
includes certain magnesia carbon
bricks.2 Certain magnesia carbon bricks
that are the subject of this order are
currently classifiable under subheadings
6810.11.0000, 6810.91.0000,
6810.99.0080, 6902.10.1000,
6902.10.5000, 6815.91.0000,
6815.99.2000 and 6815.99.4000 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope of the
order remains dispositive.3
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made no
change to the Preliminary Results. For a
discussion of the issues, see the Issues
and Decision Memorandum.
Final Rescission, in Part, of the
Administrative Review
In the Preliminary Results, the
Department indicated its intent to
rescind this review with respect to ANH
(Xinyi) Refractories (‘‘ANH (Xinyi)’’),
Yingkou New Century Refractories Ltd.
(‘‘Yingkou New Century’’), and RHIRefractories Asia Pacific Pte. Ltd., RHI
Refractories (Dalian) Co., Ltd., RHI
Refractories Liaoning Co., Ltd., RHI
Trading Shanghai Branch, and RHI
Trading (Dalian) Co., Ltd. (collectively,
‘‘RHI’’) upon preliminarily determining
that they had no shipments of subject
merchandise to the United States during
the POR.4 Subsequent to the Preliminary
Results, no information was submitted
on the record indicating that these
companies made sales to the United
States of subject merchandise during the
POR and no party provided written
arguments regarding this issue. Thus, in
accordance with 19 CFR 351.213(d)(3),
and consistent with our practice,5 we
2 See Issues and Decision Memorandum for a
complete description of the scope of the order.
3 See Certain Magnesia Carbon Bricks From
Mexico and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257 (September
20, 2010).
4 See Preliminary Results, 77 FR 61394–61395.
5 See, e.g., Certain Tissue Paper Products from the
People’s Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 18497, 18500 (April
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15APN1
]]>Agencies
[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22228-22230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08791]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Partial Rescission; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on freshwater crawfish tail meat
from the People's Republic of China (the PRC). The period of review
(POR) is September 1, 2010, through August 31, 2011. For the final
results, we continue to find that certain companies covered by this
review made sales of subject merchandise at less than normal value.
DATES: Effective Date: April 15, 2013.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, 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-
3477 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2012, the Department published the preliminary
results of the administrative review of the antidumping duty order on
freshwater crawfish tail meat from the PRC.\1\ On January 14, 2013, we
issued a memorandum extending the time limit for the final results of
the review to April 9, 2013.\2\ On February 25, 2013, we issued a post-
preliminary memorandum finding that Xiping Opeck Food Co., Ltd.'s
(Xiping Opeck) U.S. customer's customer is a price discriminator, i.e.,
is in a position to set the price of the product, for most of Xiping
Opeck's entries subject to this review.\3\
---------------------------------------------------------------------------
\1\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Antidumping Duty Administrative Review; 2010-2011, 77 FR
61383 (October 9, 2012) (Preliminary Results) and the accompanying
Memorandum to Paul Piquado, Assistant Secretary for Import
Administration, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, entitled ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Freshwater Crawfish Tail Meat from the
People's Republic of China,'' dated October 9, 2012 (Preliminary
Decision Memorandum).
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Freshwater Crawfish Tail Meat from the People's Republic
of China: Extension of Time Limit for Final Results of Antidumping
Duty Administrative Review,'' dated January 14, 2013.
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, entitled, ``Freshwater Crawfish Tail Meat
from the People's Republic of China--Post-Preliminary Analysis
Memorandum'' dated February 25, 2013 (Post-Preliminary Analysis
Memo).
---------------------------------------------------------------------------
We received case and rebuttal briefs with respect to the
Preliminary Results and the Post-Preliminary Analysis Memo, and at the
Crawfish Processors Alliance's request, we held a hearing on March 14,
2013.
We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by the antidumping duty order is freshwater
crawfish tail meat. The freshwater crawfish tail meat subject to the
order is currently classifiable under subheadings 1605.40.10.10,
1605.40.10.90, 0306.19.00.10, and 0306.29.00.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are
provided for convenience and customs purposes only. A full description
of the scope of the order is contained in the Issues and Decision
Memorandum,\4\ which is hereby adopted by this notice. The written
description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review of Freshwater Crawfish Tail
Meat from the People's Republic of China'' dated concurrently with
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
[[Page 22229]]
Memorandum. A list of the issues raised is attached to this notice as
an appendix. The Issues and 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). Access to IA ACCESS is available to registered users at https://iaaccess.trade.gov and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Import Administration Web site at https://ia.ita.doc.gov/frn/. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Rescission of Administrative Review in Part
We preliminarily found that Shanghai Ocean Flavor International
Trading Co., Ltd. (Shanghai Ocean Flavor), and Xuzhou Jinjiang
Foodstuffs Co., Ltd. (Xuzhou Jinjiang) did not have exports of subject
merchandise during the POR and, on this basis, we stated our intent to
rescind the review in part.\5\ We continue to find that Shanghai Ocean
Flavor and Xuzhou Jinjiang had no shipments of freshwater crawfish tail
meat from the PRC during the POR. In accordance with 19 CFR
351.213(d)(3), we are rescinding the review of Shanghai Ocean Flavor,
and Xuzhou Jinjiang.
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum, at 2-3.
---------------------------------------------------------------------------
Nature of Transactions Pertaining to the Entries Under Review With
Respect to Xiping Opeck
In our Post-Preliminary Analysis Memo we preliminarily found that
another entity (hereinafter, Company A) \6\ plays a role in the pricing
associated with most of Xiping Opeck's entries of subject merchandise
in this review. For a detailed discussion on this issue and of our
calculation of the antidumping margin on the sales made by Company A,
see the Post-Preliminary Analysis Memo. For these final results, we
continue to find that Company A plays a role in the pricing associated
with most of Xiping Opeck's entries of subject merchandise in this
review.
---------------------------------------------------------------------------
\6\ We are withholding the identity of Company A because Xiping
Opeck's U.S. customer claimed business-proprietary treatment of this
information. See Post-Preliminary Analysis Memo at 1.
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Separate Rate for a Non-Selected Company
Nanjing Gemsen International Co., Ltd. (Nanjing) is the only
exporter of crawfish tail meat from the PRC that demonstrated its
eligibility for a separate rate which was not selected for individual
examination in this review. The calculated rates of the respondents
selected for individual examination have changed since the Preliminary
Results and are now all zero. Accordingly, we have concluded that in
this case a reasonable method for determining the rate for the non-
selected company, Nanjing, is to apply its most recent individually
calculated rate of 12.37 percent to Nanjing, its calculated rate in a
previous administrative review.\7\ For a detailed discussion, see
Issues and Decision Memorandum.
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\7\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Final Results of Antidumping Duty Administrative and New-
Shipper Reviews, 75 FR 79337 (December 20, 2010).
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Changes Since the Preliminary Results
Based on our analysis of comments received, we have made revisions
that have changed the results for certain companies. Additionally, we
have made calculation programming changes for the final results. For
further details on the changes we made for these final results, see the
company-specific analysis memoranda, the Post-Preliminary Analysis
Memo, and the Issues and Decision Memorandum, which are hereby adopted
by this notice.
Final Results of the Review
As a result of the administrative review, we determine that the
following percentage weighted-average dumping margins exist for the
period September 1, 2010, through August 31, 2011:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd.................................. 0.00
China Kingdom (Beijing) Import & Export Co. Ltd............. 0.00
Yangcheng Hi-King Agriculture Developing Co. Ltd.\8\........ 0.00
Nanjing Gemsen International Co., Ltd....................... 12.37
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. We intend to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
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\8\ For these final results, we continue to find that Yangcheng
Hi-King Agriculture Developing Co. Ltd (Hi-King Agriculture) and its
affiliates, Yancheng Seastar Seafood Co., Ltd., Wuhan Hi-King
Agriculture Development Co., Ltd., Yancheng Hi-King Frozen Food Co.,
Ltd., Jiangxi Hi-King Poyang Lake Seafood Co., Ltd., and Yancheng
Hi-King Aquatic Growing Co., Ltd., are a single entity for the
purpose of calculating an antidumping duty margin. See Issues and
Decision memorandum.
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For Xiping Opeck, China Kingdom (Beijing) Import & Export Co. Ltd.,
and Hi-King Agriculture we will instruct CBP to liquidate all entries
during the POR without regard to antidumping duties because their
weighted-average dumping margins in these final results are zero or de
minimis.\9\ For Nanjing, the only non-selected respondent that received
a separate rate, we will instruct CBP to apply an antidumping duty
assessment rate equal to the weighted-average dumping margin in these
final results of 12.37 percent to all entries of subject merchandise
that entered the United States during the POR.
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\9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14,
2012).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of review for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date as provided by section
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the
companies listed above that have separate rates, the cash deposit rate
will be the rate established in this final results of review for each
exporter as listed above, except if the rate is zero or de minimis,
then no cash deposit will be required for that exporter; (2) for
previously investigated companies not listed above that have separate
rates, the cash deposit rate will continue to be the company-specific
rate published for the investigation; (3) for all other PRC exporters
of subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
223.01 percent; (4) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC entity that supplied that non-PRC
exporter. These deposit requirements shall remain in effect until
further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a
[[Page 22230]]
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.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
1. Use of U.S. Prices to Value Whole Crawfish
2. Use of Post-POR Spanish Prices to Value Whole Crawfish
3. Use of Updated Financial Information to Value Factory Overhead,
Selling, General & Administrative (SG&A) Expenses, and Profit
[FR Doc. 2013-08791 Filed 4-12-13; 8:45 am]
BILLING CODE 3510-DS-P
