Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2011-2012, 61331-61333 [2013-24268]
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
Dated: September 27, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–24284 Filed 10–2–13; 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:
Preliminary Results of Antidumping
Duty Administrative Review and New
Shipper Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review and new shipper
review of the antidumping duty order
on freshwater crawfish tail meat from
the People’s Republic of China (PRC).
The period of review (POR) for the
administrative review is September 1,
2011, through August 31, 2012, and the
POR for the new shipper review is
September 1, 2011, through September
30, 2012. The Department preliminarily
determines that Deyan Aquatic Products
and Food Co., Ltd. (Deyan Aquatic) (the
new shipper), Nanjing Gemsen
International Co., Ltd. (Nanjing
Gemsen), Xiping Opeck Food Co., Ltd.
(Xiping Opeck), and Yancheng Hi-King
Agriculture Developing Co., Ltd.,
(Yancheng Hi-King) have not made sales
of subject merchandise in the United
States at prices below normal value.
DATES: Effective Date: October 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok 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) 482–0768, and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The merchandise subject to the
antidumping duty order is freshwater
crawfish tail meat, which is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 1605.40.10.10,
1605.40.10.90, 0306.19.00.10, and
0306.29.00.00. On February 10, 2012,
the Department added HTSUS
classification number 0306.29.01.00 to
the scope description pursuant to a
request by U.S. Customs and Border
VerDate Mar<15>2010
18:29 Oct 02, 2013
Jkt 232001
Protection (CBP). The HTSUS numbers
are provided for convenience and
customs purposes. A full description of
the scope of the order is contained in
the memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
‘‘Decision Memorandum for the
Preliminary Results of the Antidumping
Duty Administrative Review and New
Shipper Review: Freshwater Crawfish
Tail Meat from the People’s Republic of
China’’ (Preliminary Decision
Memorandum), which is hereby
adopted by this notice. The written
description is dispositive.
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, 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.
Methodology
The Department has conducted these
reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export Price is
calculated in accordance with section
772(c) of the Act. Because the PRC is a
non-market economy (NME) 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, see Preliminary Decision
Memorandum.
Treatment of Affiliated Parties as a
Single Entity
Consistent with the 2010–2011
administrative review,1 the Department
preliminarily finds that Yancheng HiKing is affiliated with certain entities,
pursuant to sections 771(33)(A), (E) and
(F) of the Act, based on ownership and
common control. Further, for these
preliminary results, the Department is
treating Yancheng Hi-King and its
1 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Partial Rescission; 2010–2011, 78 FR 2228 (April
15, 2013).
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Fmt 4703
Sfmt 4703
61331
affiliates, Yancheng Seastar Seafood Co.,
Ltd., Wuhan Hi-King Agriculture
Development Co., Ltd., Yancheng HiKing Frozen Food Co., Ltd., Jiangxi HiKing Poyang Lake Seafood Co., Ltd., and
Yancheng Hi-King Aquatic Growing Co.,
Ltd. as a single entity for the purpose of
calculating an antidumping duty
margin.2
Preliminary Determination of No
Shipments
China Kingdom (Beijing) Import &
Export Co., Ltd. (China Kingdom),
Shanghai Ocean Flavor International
Trading Co., Ltd. (Shanghai Ocean
Flavor), and Xuzhou Jinjiang Foodstuffs
Co., Ltd. (Xuzhou Jinjiang), which have
separate rates, reported that they did not
have any exports of subject merchandise
during the POR.3 This is consistent with
the CBP data for the POR, which
showed no evidence of imports from
these companies.4 Additionally, we
requested that CBP report any contrary
information. To date, CBP has not
responded to our inquiries and we have
not received any evidence that these
entities had any shipments to the
United States of subject merchandise
during the POR.5 Consistent with the
Department’s refinement to its
assessment practice in NME cases
regarding no shipment claims, we are
completing the review with respect to
China Kingdom, Shanghai Ocean
Flavor, and Xuzhou Jinjiang, and will
issue appropriate instructions to CBP
based on the final results of the review.6
Preliminary Results of Reviews
The Department has determined that
the following preliminary dumping
margins exist for the administrative
2 See memorandum entitled ‘‘Freshwater
Crawfish Tail Meat from the People’s Republic of
China—Collapsing of Yancheng Hi-King
Agriculture Developing Co., Ltd., and its Affiliates’’
(October 1, 2012). The aforementioned document
was placed on the record of this administrative
review; see memorandum to file entitled
‘‘Placement of the 2010–2011 Collapsing
Memorandum on the Record’’ (August 19, 2013), at
attachment.
3 See no shipment letters filed by China Kingdom
and Shanghai Ocean Flavor, dated November 14,
2012, and Xuzhou Jinjiang, dated November 30,
2012.
4 See the memorandum entitled ‘‘Freshwater
Crawfish Tail Meat From the People’s Republic of
China—placing CBP Data on the record of this
review’’ (November 16, 2012).
5 CBP only responds to the Department’s inquiry
when there are records of shipments from the
company in question. See, e.g., 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).
6 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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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
review covering the period September 1,
2011, through August 31, 2012:
Washington DC 20230, at a time and
location to be determined.11 Parties
should confirm by telephone the date,
Margin
time, and location of the hearing.
Exporter
(percent)
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
Nanjing Gemsen International
Co., Ltd .................................
0.00 the Act, the Department will issue the
Xiping Opeck Food Co., Ltd .....
0.00 final results of these reviews, including
the results of its analysis of issues raised
Yancheng Hi-King Agriculture
Developing Co., Ltd ..............
0.00 by parties in their comments, within
120 days after the publication of these
As a result of the new shipper review, preliminary results, pursuant to section
the Department has preliminarily
751(a)(3)(A) of the Act and 19 CFR
determined that a dumping margin of
351.213(h).
0.00 percent exists for merchandise
Deadline for Submission of Publicly
produced and exported by Deyan
Available Surrogate Value Information
Aquatic Products and Food Co., Ltd.
In accordance with 19 CFR
covering the period September 1, 2011,
351.301(c)(3)(ii), the deadline for
through September 30, 2012.7
submission of publicly available
Disclosure and Public Comment
information to value FOPs under 19
The Department will disclose
CFR 351.408(c) is 20 days after the date
calculations performed in these
of publication of these preliminary
preliminary results to the parties within results. In accordance with 19 CFR
five days after the date of publication of 351.301(c)(1), if an interested party
this notice.8 Because the Department
submits factual information less than
intends to conduct verification pursuant ten days before, on, or after (if the
to 19 CFR 351.307(v)(B), the Department Department has extended the deadline),
will establish the briefing schedule at a
the applicable deadline for submission
later time and will notify parties of that
of such factual information, an
9 Parties who submit
schedule.
interested party may submit factual
arguments are requested to submit with
information to rebut, clarify, or correct
the argument: (1) A statement of the
the factual information no later than ten
issue; (2) a brief summary of the
days after such factual information is
argument; and (3) a table of authorities.
served on the interested party. However,
Rebuttals briefs, limited to issues raised the Department notes that 19 CFR
in case briefs, may be filed no later than 351.301(c)(1), permits new information
five days after the time limit for filing
only insofar as it rebuts, clarifies, or
the case briefs, as specified by 19 CFR
corrects information previously placed
351.309(d).
on the record.12 Furthermore, the
Interested parties who wish to request
Department generally will not accept
a hearing, or to participate if one is
business proprietary information in
requested, must submit a written
either the surrogate value submissions
request to the Assistant Secretary for
or the rebuttals thereto, as the regulation
Import Administration, U.S. Department
regarding the submission of surrogate
of Commerce, filed electronically using
values allows only for the submission of
IA ACCESS. An electronically filed
publicly available information.13
document must be received successfully
in its entirety by the Department’s IA
Assessment Rates
ACCESS by 5:00 p.m. Eastern Time
Upon issuance of the final results, the
within 30 days after the date of
Department shall determine, and CBP
10 Hearing
publication of this notice.
shall assess, antidumping duties on all
requests should contain the party’s
appropriate entries covered by these
name, address, and telephone number,
reviews.14 The Department intends to
the number of participants, and a list of
issue assessment instructions to CBP 15
issues to be discussed. Oral
days after the date of publication of the
presentations will be limited to issues
final results of these reviews. If a
raised in the briefs. If a request for a
respondent’s weighted average dumping
hearing is made, we will inform parties
margin is above de minimis (i.e., 0.50
of the scheduled date for the hearing
percent) in the final results of these
which will be held at the U.S.
Department of Commerce, 14th Street
11 Id.
and Constitution Avenue NW.,
12 See, e.g., Glycine from the People’s Republic of
7 See
the Preliminary Decision Memorandum at
2–3 for a discussion regarding the POR for the new
shipper review.
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309.
10 See 19 CFR 351.310(c).
VerDate Mar<15>2010
18:29 Oct 02, 2013
Jkt 232001
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.
13 See 19 CFR 351.301(c)(3).
14 See 19 CFR 351.212(b)(1).
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Frm 00012
Fmt 4703
Sfmt 4703
reviews, the Department will calculate
an importer-specific assessment rate on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales and, where possible, 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 the Final
Modification for Reviews, i.e., on the
basis of monthly average-to-average
comparisons using only the transactions
associated with the importer with
offsets being provided for non-dumped
comparisons.15 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.16
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.17
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, 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 (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of these
reviews 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 section 751(a)(2)(C)
of the Act: (1) For the companies listed
above that have a separate rate, except
for Deyan Aquatic, the cash deposit rate
will be that established in the final
results of these reviews (except if the
rate is zero or de minimis, i.e., less than
0.5 percent, then no 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
15 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
16 See 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).
E:\FR\FM\03OCN1.SGM
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
continue to be the existing exporterspecific 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.
With respect to Deyan Aquatic, the
new shipper respondent, the
Department has established a
combination cash deposit rate for this
company consistent with its practice as
follows: (1) For subject merchandise
produced and exported by Deyan
Aquatic, the cash deposit rate will be
the rate established for Deyan Aquatic
in the final results of the NSR; (2) for
subject merchandise exported by Deyan
Aquatic, but not produced by Deyan
Aquatic, the cash deposit rate will be
the rate for the PRC-wide entity; and (3)
for subject merchandise produced by
Deyan Aquatic but not exported by
Deyan Aquatic, the cash deposit rate
will be the rate applicable to the
exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 these
PORs. 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.
We are issuing and publishing the
preliminary results of these reviews in
accordance with sections 751(a)(1),
751(a)(2)(B)(iv), 751(a)(3), 777(i) of the
Act and 19 CFR 351.213(h), 351.214 and
351.221(b)(4).
Dated: September 26, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
tkelley on DSK3SPTVN1PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Period of Review for the New Shipper
Review
4. Scope of the Order
5. Bona Fides Analysis
6. Treatment of Affiliated Parties as a Single
18:29 Oct 02, 2013
[FR Doc. 2013–24268 Filed 10–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–808]
Certain Cut-to-Length Carbon Steel
Plate From the Russian Federation;
2012; Preliminary Results of
Administrative Review of Antidumping
Duty Suspension Agreement
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 3, 2013.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that Joint Stock Company
Severstal (Severstal) is in compliance
with the Agreement Suspending the
Antidumping Investigation of Certain
Cut-to-Length Carbon Steel Plate from
the Russian Federation (Agreement) for
the period January 1, 2012 through
December 31, 2012, and that the
Agreement is functioning as intended.
The preliminary results are set forth in
the section titled ‘‘Methodology and
Preliminary Results,’’ infra. We intend
to issue the final results within 120 days
after publication of these preliminary
results in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Anne D’Alauro,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230, telephone: (202) 482–0162 or
(202) 482–4830.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of Review
Appendix
VerDate Mar<15>2010
Entity
7. Non-Market-Economy Country Status
8. Surrogate Country
9. Separate Rates
10. Absence of De Jure Control
11. Absence of De Facto Control
12. Fair Value Comparisons
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
17. Conclusion
Jkt 232001
The products covered by the
Agreement are certain cut-to-length
carbon steel plate from the Russian
Federation. This merchandise is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTS) under item numbers
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
PO 00000
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Fmt 4703
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61333
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000,
7212.50.0000. Although the HTS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
Agreement is dispositive.
A full description of the scope of the
order is contained in ‘‘Decision
Memorandum for Preliminary Results of
Administrative Review of the
Agreement Suspending the
Antidumping Investigation of Certain
Cut-to-Length Carbon Steel Plate from
the Russian Federation’’ from Lynn
Fischer Fox, Deputy Assistant Secretary
of Policy and Negotiations to Ronald K.
Lorentzen, Deputy Assistant Secretary
for Import Administration (Preliminary
Decision Memorandum), dated
September 27, 2013, and hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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
Department’s Central Records Unit,
located in Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found on the Internet at https://
www.trade.gov/ia. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Methodology and Preliminary Results
On December 20, 2002, the
Department signed an agreement under
section 734(b) of the Tariff Act of 1930,
as amended (the Act), with Russian steel
producers/exporters, including
Severstal, which suspended the
antidumping duty investigation on
certain cut-to-length carbon steel plate
(CTL plate) from the Russian
Federation. See Suspension of
Antidumping Duty Investigation of
Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation, 68 FR
3859 (January 27, 2003). On January 31,
2013, Nucor submitted a request for an
administrative review of the Agreement
pursuant to Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 78
FR 288 (January 3, 2013). The review
was initiated on February 28, 2013, for
the January 1, 2012 through December
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]]>Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61331-61333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24268]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and New Shipper Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and new shipper review of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (PRC). The period of review (POR) for the administrative review
is September 1, 2011, through August 31, 2012, and the POR for the new
shipper review is September 1, 2011, through September 30, 2012. The
Department preliminarily determines that Deyan Aquatic Products and
Food Co., Ltd. (Deyan Aquatic) (the new shipper), Nanjing Gemsen
International Co., Ltd. (Nanjing Gemsen), Xiping Opeck Food Co., Ltd.
(Xiping Opeck), and Yancheng Hi-King Agriculture Developing Co., Ltd.,
(Yancheng Hi-King) have not made sales of subject merchandise in the
United States at prices below normal value.
DATES: Effective Date: October 3, 2013.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok 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-
0768, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is freshwater
crawfish tail meat, which is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
1605.40.10.10, 1605.40.10.90, 0306.19.00.10, and 0306.29.00.00. On
February 10, 2012, the Department added HTSUS classification number
0306.29.01.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (CBP). The HTSUS numbers are provided for
convenience and customs purposes. A full description of the scope of
the order is contained in the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration,
``Decision Memorandum for the Preliminary Results of the Antidumping
Duty Administrative Review and New Shipper Review: Freshwater Crawfish
Tail Meat from the People's Republic of China'' (Preliminary Decision
Memorandum), which is hereby adopted by this notice. The written
description is dispositive.
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, 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.
Methodology
The Department has conducted these reviews in accordance with
section 751(a)(2) of the Tariff Act of 1930, as amended (the Act).
Export Price is calculated in accordance with section 772(c) of the
Act. Because the PRC is a non-market economy (NME) 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, see Preliminary Decision
Memorandum.
Treatment of Affiliated Parties as a Single Entity
Consistent with the 2010-2011 administrative review,\1\ the
Department preliminarily finds that Yancheng Hi-King is affiliated with
certain entities, pursuant to sections 771(33)(A), (E) and (F) of the
Act, based on ownership and common control. Further, for these
preliminary results, the Department is treating Yancheng Hi-King 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. as a single entity for the purpose of
calculating an antidumping duty margin.\2\
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\1\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
and Partial Rescission; 2010-2011, 78 FR 2228 (April 15, 2013).
\2\ See memorandum entitled ``Freshwater Crawfish Tail Meat from
the People's Republic of China--Collapsing of Yancheng Hi-King
Agriculture Developing Co., Ltd., and its Affiliates'' (October 1,
2012). The aforementioned document was placed on the record of this
administrative review; see memorandum to file entitled ``Placement
of the 2010-2011 Collapsing Memorandum on the Record'' (August 19,
2013), at attachment.
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Preliminary Determination of No Shipments
China Kingdom (Beijing) Import & Export Co., Ltd. (China Kingdom),
Shanghai Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean
Flavor), and Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang),
which have separate rates, reported that they did not have any exports
of subject merchandise during the POR.\3\ This is consistent with the
CBP data for the POR, which showed no evidence of imports from these
companies.\4\ Additionally, we requested that CBP report any contrary
information. To date, CBP has not responded to our inquiries and we
have not received any evidence that these entities had any shipments to
the United States of subject merchandise during the POR.\5\ Consistent
with the Department's refinement to its assessment practice in NME
cases regarding no shipment claims, we are completing the review with
respect to China Kingdom, Shanghai Ocean Flavor, and Xuzhou Jinjiang,
and will issue appropriate instructions to CBP based on the final
results of the review.\6\
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\3\ See no shipment letters filed by China Kingdom and Shanghai
Ocean Flavor, dated November 14, 2012, and Xuzhou Jinjiang, dated
November 30, 2012.
\4\ See the memorandum entitled ``Freshwater Crawfish Tail Meat
From the People's Republic of China--placing CBP Data on the record
of this review'' (November 16, 2012).
\5\ CBP only responds to the Department's inquiry when there are
records of shipments from the company in question. See, e.g.,
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).
\6\ 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 Reviews
The Department has determined that the following preliminary
dumping margins exist for the administrative
[[Page 61332]]
review covering the period September 1, 2011, through August 31, 2012:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Nanjing Gemsen International Co., Ltd...................... 0.00
Xiping Opeck Food Co., Ltd................................. 0.00
Yancheng Hi-King Agriculture Developing Co., Ltd........... 0.00
------------------------------------------------------------------------
As a result of the new shipper review, the Department has
preliminarily determined that a dumping margin of 0.00 percent exists
for merchandise produced and exported by Deyan Aquatic Products and
Food Co., Ltd. covering the period September 1, 2011, through September
30, 2012.\7\
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\7\ See the Preliminary Decision Memorandum at 2-3 for a
discussion regarding the POR for the new shipper review.
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Disclosure and Public Comment
The Department will disclose calculations performed in these
preliminary results to the parties within five days after the date of
publication of this notice.\8\ Because the Department intends to
conduct verification pursuant to 19 CFR 351.307(v)(B), the Department
will establish the briefing schedule at a later time and will notify
parties of that schedule.\9\ Parties who submit arguments are requested
to submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Rebuttals
briefs, limited to issues raised in case briefs, may be filed no later
than five days after the time limit for filing the case briefs, as
specified by 19 CFR 351.309(d).
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309.
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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 IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's IA ACCESS
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\10\ Hearing requests should contain the party's name,
address, and telephone number, the number of participants, and a list
of issues to be discussed. Oral presentations will be limited to issues
raised in the briefs. If a request for a hearing is made, we 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.\11\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\10\ See 19 CFR 351.310(c).
\11\ Id.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of these reviews, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value FOPs under 19 CFR
351.408(c) is 20 days after the date of publication of these
preliminary results. In accordance with 19 CFR 351.301(c)(1), if an
interested party submits factual information less than ten days before,
on, or after (if the Department has extended the deadline), the
applicable deadline for submission of such factual information, an
interested party may submit factual information to rebut, clarify, or
correct the factual information no later than ten days after such
factual information is served on the interested party. However, the
Department notes that 19 CFR 351.301(c)(1), permits new information
only insofar as it rebuts, clarifies, or corrects information
previously placed on the record.\12\ Furthermore, the Department
generally will not accept business proprietary information in either
the surrogate value submissions or the rebuttals thereto, as the
regulation regarding the submission of surrogate values allows only for
the submission of publicly available information.\13\
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\12\ See, e.g., 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.
\13\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by these reviews.\14\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of these reviews. If a respondent's weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of these reviews, the Department will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales and, where
possible, 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 the Final Modification
for Reviews, i.e., on the basis of monthly average-to-average
comparisons using only the transactions associated with the importer
with offsets being provided for non-dumped comparisons.\15\ 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.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\16\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\17\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, 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 (i.e.,
at that exporter's rate) will be liquidated at the PRC-wide rate.
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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 these reviews 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
section 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, except for Deyan Aquatic, the cash deposit
rate will be that established in the final results of these reviews
(except if the rate is zero or de minimis, i.e., less than 0.5 percent,
then no 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
[[Page 61333]]
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.
With respect to Deyan Aquatic, the new shipper respondent, the
Department has established a combination cash deposit rate for this
company consistent with its practice as follows: (1) For subject
merchandise produced and exported by Deyan Aquatic, the cash deposit
rate will be the rate established for Deyan Aquatic in the final
results of the NSR; (2) for subject merchandise exported by Deyan
Aquatic, but not produced by Deyan Aquatic, the cash deposit rate will
be the rate for the PRC-wide entity; and (3) for subject merchandise
produced by Deyan Aquatic but not exported by Deyan Aquatic, the cash
deposit rate will be the rate applicable to the exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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 these PORs. 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.
We are issuing and publishing the preliminary results of these
reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv),
751(a)(3), 777(i) of the Act and 19 CFR 351.213(h), 351.214 and
351.221(b)(4).
Dated: September 26, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Review for the New Shipper Review
4. Scope of the Order
5. Bona Fides Analysis
6. Treatment of Affiliated Parties as a Single Entity
7. Non-Market-Economy Country Status
8. Surrogate Country
9. Separate Rates
10. Absence of De Jure Control
11. Absence of De Facto Control
12. Fair Value Comparisons
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
17. Conclusion
[FR Doc. 2013-24268 Filed 10-2-13; 8:45 am]
BILLING CODE 3510-DS-P
