Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 24723-24724 [2013-09700]

Download as PDF Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices erowe on DSK2VPTVN1PROD with NOTICES liquidation of certain entries during the POR which are subject to the antidumping duty order on certain steel nails from the PRC.8 Accordingly, the Department will not issue assessment instructions to CBP for any entries subject to the above-mentioned injunction after publication of this notice. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. In these Final Results, the Department applied the assessment rate calculation method adopted in Final Modification for Reviews, 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.9 Where the respondent has reported reliable entered values, we calculate importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, we will apply the assessment rate to the entered value of the importers’/ customers’ entries during the POR, pursuant to 19 CFR 351.212(b)(1). Where we do not have entered values for all U.S. sales to a particular importer/customer, we calculate a perunit assessment rate by aggregating the antidumping duties due for all U.S. sales to that importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer).10 To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-) specific ad valorem ratios based on the estimated entered value. Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.11 For the companies receiving a separate rate that were not selected for 8 See Itochu Building Products Co., Inc., et al. v. United States, CIT Court No. 13–00132 dated April 9, 2013. 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) (‘‘Final Modification for Reviews’’). 10 See 19 CFR 351.212(b)(1). 11 See 19 CFR 351.106(c)(2). VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 individual review, we will assign an assessment rate based on the rate we calculated for the mandatory respondent whose rate was not de minimis, as discussed above. We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. Finally, for those companies for which this review has been rescinded, the Department intends to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the amended final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the amended final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide rate of 118.04 percent; 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 exporters that supplied that non-PRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 24723 Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: April 17, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2013–09919 Filed 4–25–13; 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: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 26, 2013. 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, 2012, through February 28, 2013. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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: 202–482–0665. SUPPLEMENTARY INFORMATION: AGENCY: Background The antidumping duty order on freshwater crawfish tail meat from the E:\FR\FM\26APN1.SGM 26APN1 24724 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices PRC published in the Federal Register on September 15, 1997.1 On March 26, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), we received a timely request for an NSR of the order from Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature).2 Hubei Nature certified that it is both the producer and exporter of the subject merchandise upon which the request was based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Hubei Nature 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), Hubei Nature 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), Hubei Nature also certified that its export activities were not controlled by the government of the PRC.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2), Hubei Nature submitted documentation establishing the following: (1) The date on which Hubei Nature 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 Initiation of New Shipper Review erowe on DSK2VPTVN1PROD with NOTICES Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that Hubei Nature’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 Hubei Nature.8 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 March 26, 2013. 3 See id., at 1 and Exhibit 2. 4 Id., at Exhibit 2. 5 Id. 6 Id. 7 Id., at Exhibit 1. 8 See Memorandum to the file entitled ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review,’’ dated concurrently with this notice. VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 The POR for this NSR is September 1, 2012, through February 28, 2013. See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue the preliminary determination of this review no later than 180 days from the date of initiation and final results of this review no later than 90 days after the date the preliminary determination is issued. 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 Hubei Nature, which will include a section requesting information concerning Hubei Nature’s eligibility for a separate rate. The review will proceed if the response provides sufficient indication that Hubei Nature 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 Hubei Nature in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Hubei Nature 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 Hubei Nature only for subject merchandise which Hubei Nature both produced and exported. To assist in its analysis of the bona fides of Hubei Nature’s sales, upon initiation of this NSR, the Department will require Hubei Nature 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Dated: April 18, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–09700 Filed 4–25–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1 through December 31, 2012. DATES: Comments must be submitted within thirty days after publication of this notice. ADDRESSES: See the Submission of Comments section below. FOR FURTHER INFORMATION CONTACT: James Terpstra, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3965. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 18, 2008, section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of 2008) was enacted into law. Under this provision, the Secretary of Commerce is mandated to submit to the appropriate Congressional committees a report every 180 days on any subsidy provided by countries exporting softwood lumber or softwood lumber products to the United States, including stumpage subsidies. The Department submitted its last subsidy report on December 17, 2012. As part of its newest report, the Department intends to include a list of subsidy programs identified with sufficient clarity by the public in response to this notice. Request for Comments Given the large number of countries that export softwood lumber and softwood lumber products to the United States, we are soliciting public comment only on subsidies provided by countries whose exports accounted for at least one percent of total U.S. imports of softwood E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24723-24724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09700]


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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: April 26, 2013.

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, 2012, through 
February 28, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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: 202-482-0665.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order on freshwater crawfish tail meat from 
the

[[Page 24724]]

PRC published in the Federal Register on September 15, 1997.\1\ On 
March 26, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the Act), we received a timely request for an NSR 
of the order from Hubei Nature Agriculture Industry Co., Ltd. (Hubei 
Nature).\2\ Hubei Nature certified that it is both the producer and 
exporter of the subject merchandise upon which the request was 
based.\3\
---------------------------------------------------------------------------

    \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 March 26, 2013.
    \3\ See id., at 1 and Exhibit 2.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Hubei Nature 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), Hubei Nature 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), Hubei Nature also certified that its export 
activities were not controlled by the government of the PRC.\6\
---------------------------------------------------------------------------

    \4\ Id., at Exhibit 2.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), Hubei Nature submitted documentation establishing 
the following: (1) The date on which Hubei Nature 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\
---------------------------------------------------------------------------

    \7\ Id., at Exhibit 1.
---------------------------------------------------------------------------

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 Hubei Nature'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 
Hubei Nature.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to the file entitled ``Freshwater Crawfish 
Tail Meat from the People's Republic of China: Initiation Checklist 
for Antidumping Duty New Shipper Review,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

    The POR for this NSR is September 1, 2012, through February 28, 
2013. See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue 
the preliminary determination of this review no later than 180 days 
from the date of initiation and final results of this review no later 
than 90 days after the date the preliminary determination is issued. 
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 Hubei Nature, which will include a 
section requesting information concerning Hubei Nature's eligibility 
for a separate rate. The review will proceed if the response provides 
sufficient indication that Hubei Nature 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 Hubei Nature in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Hubei 
Nature 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 Hubei Nature only for subject merchandise which 
Hubei Nature both produced and exported.
    To assist in its analysis of the bona fides of Hubei Nature's 
sales, upon initiation of this NSR, the Department will require Hubei 
Nature 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: April 18, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-09700 Filed 4-25-13; 8:45 am]
BILLING CODE 3510-DS-P