Freshwater Crawfish Tail Meat From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review, 37205-37206 [2013-14769]
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
TKELLEY on DSK3SPTVN1PROD with NOTICES
electronically using IA ACCESS. An
electronically filed hearing request must
be received successfully in its entirety
by the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.4 Hearing requests should contain
the party’s name, address, and
telephone number, the number of
participants in the hearing, and a list of
the issues to be discussed at the hearing.
If a request for a hearing is made, the
Department intends to hold the hearing
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 date,
time, and location of the hearing, two
days before the scheduled date.
For the final determination in this
investigation, interested parties may
submit publicly available information to
value the FOPs within 40 days after the
publication of this preliminary
determination.5 In accordance with 19
CFR 351.301(c)(1) (2008), for the final
determination of this investigation,
interested parties may submit factual
information to rebut, clarify, or correct
factual information submitted by any
other interested party less than ten days
before, on, or after, the applicable
deadline for submission of such factual
information. However, the Department
notes that 19 CFR 351.301(c)(1) (2008)
permits new information only insofar as
it rebuts, clarifies, or corrects
information recently placed on the
record. The Department generally will
not accept the submission of additional,
previously absent-from-the-record
alternative surrogate value information
pursuant to 19 CFR 351.301(c)(1)
(2008).6 Additionally, for each piece of
factual information submitted with
surrogate value rebuttal comments, the
interested party must provide a written
explanation of the information that is
already on the record of the ongoing
proceeding that the factual information
intends to rebut, clarify, or correct.
Suspension of Liquidation
In accordance with section 733(d) of
the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of silica bricks and shapes from
the PRC, as described in the ‘‘Scope of
4 See
19 CFR 351.310(c).
19 CFR 351.301(c)(3)(i) (2008).
6 See Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
5 See
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17:01 Jun 19, 2013
Jkt 229001
the Investigation’’ section, entered or
withdrawn from warehouse, for
consumption, on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 7 equal to the weightedaverage amount by which normal value
exceeds U.S. price as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above will be equal to the weightedaverage dumping margin listed for that
combination in the table; (2) for all other
combinations of PRC exporters/
producers of the merchandise under
consideration, the cash deposit rate will
be equal to the weighted-average
dumping margin listed in the table
above for the PRC-wide entity; and (3)
for all non-PRC exporters of the
merchandise under consideration which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter. These cash deposit
instructions will remain in effect until
further notice.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
silica bricks and shapes, or sales (or the
likelihood of sales) for importation, of
the merchandise under consideration
within 45 days of our final
determination.
Postponement of Final Determination
and Extension of Provisional Measures
On June 4, 2013, New Century Group
requested, pursuant to section
735(a)(2)(a) of the Act and 19 CFR
351.210(b)(2)(ii), that the Department
postpone its final determination to 135
days after publication of the preliminary
determination.8 Additionally, New
Century Group requested, pursuant to
19 CFR 351.210(e)(2) and section 733(d)
of the Act, that the Department extend
7 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
8 See Letter from New Century Group to Dr.
Rebecca Blank, Acting Secretary of Commerce
regarding, ‘‘Silica Bricks and Shapes from the
People’s Republic of China: Request for
Postponement of Final,’’ dated June 4, 2013.
PO 00000
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Fmt 4703
Sfmt 4703
37205
the application of the provisional
measures from a four-month period to a
six-month period. In accordance with
section 735(a) of the Act and 19 CFR
351.210(b), the Department is granting
these requests to postpone the final
determination until no later than 135
days after the publication of this notice
in the Federal Register because (1) The
preliminary determination is
affirmative, (2) the requesting exporter
accounts for a significant proportion of
exports of the merchandise under
consideration, and (3) there are no
compelling reasons to deny these
requests. The Department is further
extending the application of the
provisional measures from a four-month
period to a six-month period.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: June 13, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope Comments
2. Respondent Selection
3. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Single Entity Treatment
d. Separate Rates
e. Application of Facts Available and
Adverse Inferences
f. Date of Sale
g. Fair Value Comparisons
h. Factor Valuation Methodology
i. Currency Conversion
4. Verification
[FR Doc. 2013–14767 Filed 6–19–13; 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:
Rescission of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 26, 2013, the
Department of Commerce (the
Department) initiated the antidumping
duty new shipper review of freshwater
crawfish tail meat from the People’s
Republic of China (PRC) with respect to
Hubei Nature Agriculture Industry Co.,
Ltd. (Hubei Nature). The period of
AGENCY:
E:\FR\FM\20JNN1.SGM
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37206
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
review (POR) of September 1, 2012,
through February 28, 2013. For the
reasons stated below, we are rescinding
the review of Hubei Nature.
DATES: Effective Date: June 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov 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) 482–0665 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2013, the Department
initiated an antidumping duty new
shipper review of freshwater crawfish
tail meat from the PRC, for the period
September 1, 2012, through February
28, 2013, with respect to Hubei Nature.1
On May 9, 2013, the Department issued
a letter to Hubei Nature requesting
documentation establishing the date of
entry applicable to the U.S. sale and
shipment of freshwater crawfish tail
meat which formed the basis for the
initiation of this new shipper review.
On May 14, 2013, Hubei Nature
provided the requested information.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Rescission of Review
Under 19 CFR 351.214(f)(2) of the
Department’s regulations, when the sale
of the subject merchandise occurs
within the POR, but the entry occurs
after the POR, the Department may
expand the POR unless the expansion
would likely prevent the completion of
the review within the time limits set by
the Department’s regulations. While the
regulations do not provide a definitive
date by which the entry must occur, the
preamble to the Department’s
regulations and 19 CFR 351.214(f)(2)(i)
state that both the entry and the sale
should occur during the POR, with the
language in the preamble clarifying
further that only under ‘‘appropriate’’
circumstances should the POR be
extended when the entry is made after
the POR.2
While the Department did not adopt
in the regulations a precise cut-off point
for expanding the POR to cover postPOR entries, 19 CFR 351.214(f)(2) and
the preamble to the Department’s
regulations leave the Department the
discretion to determine whether to
1 See Freshwater Crawfish Tail Meat from the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review, 78 FR
24723 (April 26, 2013).
2 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27319 (May 19, 1997)
(‘‘Final Rule’’).
VerDate Mar<15>2010
17:01 Jun 19, 2013
Jkt 229001
expand the POR, and, if so, the length
of such expansion.3 In the majority of
prior cases, the Department extended
the POR no more than approximately 30
days in order to capture entries of POR
sales.4 The entry in this case was made
long after the end of the POR.5
In this case, pursuant to 19 CFR
351.214(f)(2), we find that an expansion
of the normal POR to include an entry
and sale to an unaffiliated customer in
the United States of subject
merchandise would likely prevent the
completion of the review of Hubei
Nature within the time limits set by the
Department’s regulations. The
Department would be required to gather
additional information for the expanded
period, analyze the information
obtained, and, if necessary, verify the
additional information. For example,
the Department would be required to
seek all necessary information from
Hubei Nature and its importer(s) in
connection with the sales and salesrelated expenses, as well as obtain the
factors of production data, applicable to
a number of months outside the POR.6
Accordingly, we are rescinding the new
shipper review with respect to Hubei
Nature for the period September 1,
2012, through February 28, 2013.
The deadline for requesting a new
shipper review covering Hubei’s entry
has not passed. See 19 CFR 351.214(c).
The Department will consider a timely
and adequate request for new shipper
3 See
Final Rule, 62 FR at 27319–20 (‘‘The
Department does not disagree with the notion that
the Secretary should have the discretion to expand
the review period in appropriate cases.’’).
4 See, e.g., Chlorinated Isocyanurates From the
People’s Republic of China: Initiation of New
Shipper Review, 76 FR 6399 (February 4, 2011)
(extending the POR by 31 days where the first
shipment entered one day after the end of the POR);
Fresh Garlic From the People’s Republic of China:
Initiation of New Shipper Reviews, 75 FR 38986
(July 7, 2010) (extending the POR by one month for
a shipment that entered less than one month after
the end of the POR); Uncovered Innerspring Units
From the People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review, 75 FR
62107 (October 7, 2010) (extending the POR by four
days); Certain Forged Stainless Steel Flanges From
India: Rescission of New Shipper Review, 66 FR
58433 (November 21, 2001) (rescinding a new
shipper review where the entry was made more
than three months after the end of the POR);
Petroleum Wax Candles from the People’s Republic
of China: Notice of Preliminary Results of
Antidumping Duty New Shipper Review of
Shandong Huihe, Ltd., 69 FR 46512 (August 3,
2004) (extending the POR by less than one month
‘‘[b]ecause we determine that this short expansion
of the period will not likely prevent the completion
of the review within the prescribed time limits, we
have expanded the annual review period’’).
5 Due to the business proprietary nature of
information regarding the entry date in question, we
are withholding this information. See Hubei
Nature’s letter, dated March 14, 2013.
6 The Department issued the antidumping duty
new shipper questionnaire to Hubei Nature on May
1, 2013.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
review from Hubei Nature made during
the six-month period ending with the
end of the annual anniversary month of
this order, pursuant to 19 CFR
351.214(d) of the Department’s
regulations. Therefore, if Hubei Nature
continues to meet the criteria for
requesting a new shipper review, the
Department will consider initiating a
new shipper review with the POR that
includes the sale which is the subject of
this review.
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This determination is issued in
accordance with 19 CFR 351.213(d)(4)
and section 777(i)(1) of the Act.
Dated: June 14, 2013.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2013–14769 Filed 6–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before July 10,
2013. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 13–017. Applicant:
Ohio State University, 2041 College
Road, Columbus, OH 43210. Instrument:
Cryo-SEM System with Aquilo
Preparation Chamber. Manufacturer:
E:\FR\FM\20JNN1.SGM
20JNN1
]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Notices]
[Pages 37205-37206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14769]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Rescission of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 26, 2013, the Department of Commerce (the Department)
initiated the antidumping duty new shipper review of freshwater
crawfish tail meat from the People's Republic of China (PRC) with
respect to Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature).
The period of
[[Page 37206]]
review (POR) of September 1, 2012, through February 28, 2013. For the
reasons stated below, we are rescinding the review of Hubei Nature.
DATES: Effective Date: June 20, 2013.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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-
0665 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2013, the Department initiated an antidumping duty new
shipper review of freshwater crawfish tail meat from the PRC, for the
period September 1, 2012, through February 28, 2013, with respect to
Hubei Nature.\1\ On May 9, 2013, the Department issued a letter to
Hubei Nature requesting documentation establishing the date of entry
applicable to the U.S. sale and shipment of freshwater crawfish tail
meat which formed the basis for the initiation of this new shipper
review. On May 14, 2013, Hubei Nature provided the requested
information.
---------------------------------------------------------------------------
\1\ See Freshwater Crawfish Tail Meat from the People's Republic
of China: Initiation of Antidumping Duty New Shipper Review, 78 FR
24723 (April 26, 2013).
---------------------------------------------------------------------------
Rescission of Review
Under 19 CFR 351.214(f)(2) of the Department's regulations, when
the sale of the subject merchandise occurs within the POR, but the
entry occurs after the POR, the Department may expand the POR unless
the expansion would likely prevent the completion of the review within
the time limits set by the Department's regulations. While the
regulations do not provide a definitive date by which the entry must
occur, the preamble to the Department's regulations and 19 CFR
351.214(f)(2)(i) state that both the entry and the sale should occur
during the POR, with the language in the preamble clarifying further
that only under ``appropriate'' circumstances should the POR be
extended when the entry is made after the POR.\2\
---------------------------------------------------------------------------
\2\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27319 (May 19, 1997) (``Final Rule'').
---------------------------------------------------------------------------
While the Department did not adopt in the regulations a precise
cut-off point for expanding the POR to cover post-POR entries, 19 CFR
351.214(f)(2) and the preamble to the Department's regulations leave
the Department the discretion to determine whether to expand the POR,
and, if so, the length of such expansion.\3\ In the majority of prior
cases, the Department extended the POR no more than approximately 30
days in order to capture entries of POR sales.\4\ The entry in this
case was made long after the end of the POR.\5\
---------------------------------------------------------------------------
\3\ See Final Rule, 62 FR at 27319-20 (``The Department does not
disagree with the notion that the Secretary should have the
discretion to expand the review period in appropriate cases.'').
\4\ See, e.g., Chlorinated Isocyanurates From the People's
Republic of China: Initiation of New Shipper Review, 76 FR 6399
(February 4, 2011) (extending the POR by 31 days where the first
shipment entered one day after the end of the POR); Fresh Garlic
From the People's Republic of China: Initiation of New Shipper
Reviews, 75 FR 38986 (July 7, 2010) (extending the POR by one month
for a shipment that entered less than one month after the end of the
POR); Uncovered Innerspring Units From the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review, 75 FR
62107 (October 7, 2010) (extending the POR by four days); Certain
Forged Stainless Steel Flanges From India: Rescission of New Shipper
Review, 66 FR 58433 (November 21, 2001) (rescinding a new shipper
review where the entry was made more than three months after the end
of the POR); Petroleum Wax Candles from the People's Republic of
China: Notice of Preliminary Results of Antidumping Duty New Shipper
Review of Shandong Huihe, Ltd., 69 FR 46512 (August 3, 2004)
(extending the POR by less than one month ``[b]ecause we determine
that this short expansion of the period will not likely prevent the
completion of the review within the prescribed time limits, we have
expanded the annual review period'').
\5\ Due to the business proprietary nature of information
regarding the entry date in question, we are withholding this
information. See Hubei Nature's letter, dated March 14, 2013.
---------------------------------------------------------------------------
In this case, pursuant to 19 CFR 351.214(f)(2), we find that an
expansion of the normal POR to include an entry and sale to an
unaffiliated customer in the United States of subject merchandise would
likely prevent the completion of the review of Hubei Nature within the
time limits set by the Department's regulations. The Department would
be required to gather additional information for the expanded period,
analyze the information obtained, and, if necessary, verify the
additional information. For example, the Department would be required
to seek all necessary information from Hubei Nature and its importer(s)
in connection with the sales and sales-related expenses, as well as
obtain the factors of production data, applicable to a number of months
outside the POR.\6\ Accordingly, we are rescinding the new shipper
review with respect to Hubei Nature for the period September 1, 2012,
through February 28, 2013.
---------------------------------------------------------------------------
\6\ The Department issued the antidumping duty new shipper
questionnaire to Hubei Nature on May 1, 2013.
---------------------------------------------------------------------------
The deadline for requesting a new shipper review covering Hubei's
entry has not passed. See 19 CFR 351.214(c). The Department will
consider a timely and adequate request for new shipper review from
Hubei Nature made during the six-month period ending with the end of
the annual anniversary month of this order, pursuant to 19 CFR
351.214(d) of the Department's regulations. Therefore, if Hubei Nature
continues to meet the criteria for requesting a new shipper review, the
Department will consider initiating a new shipper review with the POR
that includes the sale which is the subject of this review.
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
This determination is issued in accordance with 19 CFR
351.213(d)(4) and section 777(i)(1) of the Act.
Dated: June 14, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-14769 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-DS-P
