Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2011-2012, 22947-22949 [2014-09479]
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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
Foreign-Trade Zones Board
International Trade Administration
Background
[A–570–848]
[Order No. 1935]
Reorganization of Foreign-Trade Zone
37 (Expansion of Service Area) Under
Alternative Site Framework; Orange
County, New York
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR § 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the County of Orange,
grantee of Foreign-Trade Zone 37,
submitted an application to the Board
(FTZ Docket B–14–2013, docketed 2–
11–2013) for authority to expand the
service area of the zone to include
Rockland County, as described in the
application, adjacent to the Newark/
New York Customs and Border
Protection port of entry;
Whereas, notice inviting public
comment was given in the Federal
Register (78 FR 12033–12034, 2–21–
2013) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 37
to expand the service area under the
ASF is approved, subject to the FTZ Act
and the Board’s regulations, including
Section 400.13, and to the Board’s
standard 2,000-acre activation limit for
the zone.
mstockstill on DSK4VPTVN1PROD with NOTICES
22947
Signed at Washington, DC, this 16th day of
April 2014.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–09481 Filed 4–24–14; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 232001
Freshwater Crawfish Tail Meat From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and New
Shipper Review; 2011–2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: On October 3, 2013, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review and new shipper
review of the antidumping duty order
on freshwater crawfish tail meat from
the People’s Republic of China (the
PRC).1 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. These reviews cover four
producers/exporters of subject
merchandise: Nanjing Gemsen
International Co., Ltd. (Nanjing
Gemsen), Xiping Opeck Food Co., Ltd.
(Xiping Opeck), Yancheng Hi-King
Agriculture Developing Co., Ltd.
(Yancheng Hi-King), and Deyan Aquatic
Products and Food Co., Ltd. (Deyan
Aquatic, the new shipper). We invited
parties to comment on the Preliminary
Results. Based on our analysis of the
comments received, we made a change
to our margin calculations. However, for
the final results, we continue to find
that the companies covered by these
reviews did not make sales of subject
merchandise at less than normal value.
DATES: Effective Date: April 25, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 or (202) 482–1690,
respectively.
AGENCY:
1 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and New
Shipper Review; 2011–2012, 78 FR 61331 (October
3, 2013) (Preliminary Results). Also, on February
12, 2013, in accordance with 19 CFR 351.214(j)(3),
the Department aligned the new shipper review
with the administrative review. See Memorandum
to the File from Dustin Ross, Case Analyst,
‘‘Alignment of New Shipper Review of Freshwater
Crawfish Tail Meat from the People’s Republic of
China with the concurrent administrative review of
Freshwater Crawfish Tail Meat from the People’s
Republic of China’’ dated February 12, 2013.
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Fmt 4703
Sfmt 4703
On October 3, 2013, the Department
published the Preliminary Results of
these reviews. On January 24, 2014, we
issued a memorandum extending the
time limit for the final results of these
reviews to April 21, 2014.2
The Department gave interested
parties an opportunity to comment on
the Preliminary Results. We received a
case brief from the petitioner, Crawfish
Processors Alliance (CPA) on January
14, 2014, and rebuttal briefs from Xiping
Opeck on January 21, 2014, and from
Deyan Aquatic and Yancheng Hi-King
on January 22, 2014.
We conducted these reviews in
accordance with sections 751(a)(1)(B)
and 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act).
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 subheadings 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 only. The written
description of the scope is dispositive.
A full description of the scope of the
order is contained in the Issues and
Decision Memorandum,3 which is
hereby adopted by this notice.
Analysis of Comments Received
All issues raised in the case briefs by
parties to these reviews are addressed in
the Issues and Decision 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
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Freshwater
Crawfish Tail Meat from the People’s Republic of
China: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review and New
Shipper Review; 2011–2012’’ dated January 24,
2014.
3 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
James Maeder, Director, Office II, Antidumping and
Countervailing Duty Operations, ‘‘Issues and
Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review and New
Shipper Review of Freshwater Crawfish Tail Meat
from the People’s Republic of China’’ dated
concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
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22948
Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Notices
via Enforcement and Compliance’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 Enforcement and
Compliance Web site at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
For these final results, we continue to
find that 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, had
no shipments during the POR.4
Consistent with the Department’s
refinement to its assessment practice in
NME cases regarding no shipment
claims, we are completing the
administrative 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
administrative review.5
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made a change to our
calculations for these final results.
Specifically, we altered our method of
valuing crawfish shell from the
Preliminary Results. For further details,
see the company-specific analysis
memoranda dated concurrently with
this notice and the Issues and Decision
Memorandum.
mstockstill on DSK4VPTVN1PROD with NOTICES
Final Results of the Review
For the final result of the
administrative review, we determine
that the following percentage weightedaverage dumping margins exist for the
period September 1, 2011, through
August 31, 2012:
4 See
Preliminary Results.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section below.
5 See
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Jkt 232001
publication of the final results of the
administrative review for all shipments
Margin
of the subject merchandise entered, or
Company
(percent)
withdrawn from warehouse, for
consumption on or after the publication
Nanjing Gemsen International
date as provided by section 751(a)(2)(C)
Co., Ltd .................................
0.00
Xiping Opeck Food Co., Ltd .....
0.00 of the Act: (1) For subject merchandise
exported by the companies listed above
Yancheng Hi-King Agriculture
Developing Co., Ltd 6 ............
0.00 that have separate rates, the cash
deposit rate will be the rate established
in the final results of the administrative
For the result of the new shipper
review for each exporter as listed above,
review, the Department determines that except if the rate is zero or de minimis,
a dumping margin of 0.00 percent exists then no cash deposit will be required for
for merchandise produced and exported that exporter; (2) for previously
by Deyan Aquatic Products and Food
investigated companies not listed above
Co., Ltd. covering the period September that have separate rates, the cash
1, 2011, through September 30, 2012.
deposit rate will continue to be the
company-specific rate published for the
Assessment
investigation; (3) for all other PRC
The Department will determine, and
exporters of subject merchandise which
CBP shall assess, antidumping duties on have not been found to be entitled to a
all appropriate entries covered by these
separate rate, the cash deposit rate will
reviews.7 We intend to issue assessment be the PRC-wide rate of 223.01 percent;
instructions to CBP 15 days after the
and (4) for all non-PRC exporters of
date of publication of these final results subject merchandise which have not
of reviews. For Nanjing Gemsen, Xiping received their own rate, the cash deposit
Opeck, Yancheng Hi-King, and Deyan
rate will be the rate applicable to the
Aquatic we will instruct CBP to
PRC entity that supplied that non-PRC
liquidate all entries during the
exporter.
respective PORs without regard to
With respect to Deyan Aquatic, the
antidumping duties because their
respondent in the new shipper review,
weighted-average dumping margins in
the Department established a
these final results are zero.8
combination cash deposit rate for this
Pursuant to the Department’s
company consistent with its practice as
refinement to its assessment practice in
follows: (1) For subject merchandise
NME cases,9 for entries that were not
produced and exported by Deyan
reported in the U.S. sales databases
Aquatic, the cash deposit rate will be
submitted by companies individually
the rate established for Deyan Aquatic
examined during this review, the
in the final results of the new shipper
Department will instruct CBP to
review; (2) for subject merchandise
liquidate such entries at the PRC-wide
exported by Deyan Aquatic, but not
rate. In addition, if the Department
produced by Deyan Aquatic, the cash
determines that an exporter under
deposit rate will be the rate for the PRCreview had no shipments of the subject
wide entity; and (3) for subject
merchandise, any suspended entries
merchandise produced by Deyan
that entered under that exporter’s case
Aquatic but not exported by Deyan
number (i.e., at that exporter’s rate) will Aquatic, the cash deposit rate will be
be liquidated at the PRC-wide rate.
the rate applicable to the exporter.
These deposit requirements, when
Cash Deposit Requirements
imposed, shall remain in effect until
The following cash deposit
further notice.
requirements will be effective upon
Disclosure
6 For these final results, we continue to find that
We intend to disclose the calculations
Yancheng Hi-King and its affiliates, Yancheng
performed regarding these final results
Seastar Seafood Co., Ltd., Wuhan Hi-King
within five days of the date of
Agriculture Development Co., Ltd., Yancheng Hipublication of this notice in accordance
King Frozen Food Co., Ltd., Jiangxi Hi-King Poyang
Lake Seafood Co., Ltd., and Yancheng Hi-King
with 19 CFR 351.224(b).
Aquatic Growing Co., Ltd., are a single entity for the
purpose of calculating an antidumping duty margin.
See Issues and Decision Memorandum.
7 See 19 CFR 351.212(b)(1).
8 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).
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Fmt 4703
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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
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
E:\FR\FM\25APN1.SGM
25APN1
Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Notices
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 reviews are
issued and published 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: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum:
A. Summary
B. Background
C. Surrogate Country
D. Affiliation
E. Separate Rates
F. Discussion of the Issue
1. Selection of Surrogate Value for
Crawfish Shell
G. Recommendation
[FR Doc. 2014–09479 Filed 4–24–14; 8:45 am]
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Gail Bendixen at
(907) 271–2809 at least 7 working days
prior to the meeting date.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD263
Dated: April 22, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
ACTION:
The North Pacific Fishery
Management Council’s (Council)
Electronic Monitoring (EM) workgroup
will meet in Anchorage, AK.
SUMMARY:
The meetings will be held May
15–16, 2014, from 1 p.m. to 5 p.m. on
the 15th and 8:30 a.m. to 5 p.m. on the
16th.
VerDate Mar<15>2010
16:57 Apr 24, 2014
Jkt 232001
[FR Doc. 2014–09428 Filed 4–24–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Notice of public meetings.
DATES:
The meetings will be held at
the Clarion Suites, 1110 W. 8th Avenue,
Heritage Room, Anchorage, AK.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252.
FOR FURTHER INFORMATION CONTACT:
Diana Evans, Council staff; telephone:
(907) 271–2809.
SUPPLEMENTARY INFORMATION: The
workgroup will review study designs for
the different research tracks going
forward as part of the 2014–15 EM
cooperative research program, and
providing input on data protocols. The
Workgroup will also review how the
research will inform the Council’s
objectives for estimating catch and
discards, and will identify a timeline,
milestones, and decision points for
integrating EM into the Observer
Program.
The Agenda is subject to change, and
the latest version will be posted at
https://www.npfmc.org/.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during these meetings. Action
will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Fishery Conservation and
Management Act, provided the public
has been notified of the Council’s intent
to take final action to address the
emergency.
ADDRESSES:
National Oceanic and Atmospheric
Administration
RIN 0648–XD255
Mid-Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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22949
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
The Mid-Atlantic Council
(Mid-Atlantic Council) will host a
meeting of the Council Coordination
Committee (CCC) consisting of the eight
Regional Fishery Management Council
(RFMC) chairs, vice chairs, and
executive directors and its
subcommittees in May 2014. The intent
of this meeting is to discuss issues of
relevance to the Councils, including:
budget issues, MSA reauthorization,
habitat issues, allocation working group
report, bycatch and IUU certification,
climate change, enforcement activities,
Council Operational Guidelines, other
topics of concern to the RFMC, and
decisions and follow-up activities.
DATES: The meeting will be held May
12–15, 2014. Registration for the
meeting will begin at 3 p.m. on Monday,
May 12, 2014. The substantive meeting
topics begin at 10 a.m. on Tuesday, May
13th and recess at 5:30 p.m. or when
business is complete. The meeting will
reconvene at 9 a.m. on Wednesday, May
14, 2014 and recess at 5 p.m. or when
business is complete. The meeting will
reconvene on the final day at 9 a.m. on
Thursday, May 15, 2014 and adjourn by
1 p.m. or when business is complete.
ADDRESSES: The meeting will be held at
the Hilton Virginia Beach Oceanfront,
3001 Atlantic Avenue, Virginia Beach,
VA 23451; telephone: (757) 213–3000.
Council address: 800 North State
Street, Suite 201, Dover, DE 19901–
3910.
FOR FURTHER INFORMATION CONTACT: Dr.
Christopher Moore, Executive Director;
telephone: (302) 674–2331 or (877) 446–
2362 toll free; or access the Mid-Atlantic
Council Web site at www.mafmc.org for
the current meeting location, proposed
agenda, and meeting briefing materials.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act (MSA) of 2006
established the CCC by amending
Section 302 (16 U.S.C. 1852) of the
MSA. The committee consists of the
chairs, vice chairs, and executive
directors of each of the eight Regional
Fishery Management Councils
authorized by the MSA or other Council
members or staff. The Web site (found
at www.mafmc.org) has materials
relevant to the discussions at the CCC
meeting.
On Monday, May 12—Registration
begins.
On Tuesday, May 13—The meeting
will begin with Welcome and
Introductions. The discussion on
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Notices]
[Pages 22947-22949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09479]
-----------------------------------------------------------------------
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 New
Shipper Review; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: On October 3, 2013, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review and new shipper review of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (the PRC).\1\ 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. These reviews cover four producers/exporters of
subject merchandise: Nanjing Gemsen International Co., Ltd. (Nanjing
Gemsen), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Yancheng Hi-King
Agriculture Developing Co., Ltd. (Yancheng Hi-King), and Deyan Aquatic
Products and Food Co., Ltd. (Deyan Aquatic, the new shipper). We
invited parties to comment on the Preliminary Results. Based on our
analysis of the comments received, we made a change to our margin
calculations. However, for the final results, we continue to find that
the companies covered by these reviews did not make sales of subject
merchandise at less than normal value.
---------------------------------------------------------------------------
\1\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review and New Shipper Review; 2011-2012, 78 FR 61331 (October 3,
2013) (Preliminary Results). Also, on February 12, 2013, in
accordance with 19 CFR 351.214(j)(3), the Department aligned the new
shipper review with the administrative review. See Memorandum to the
File from Dustin Ross, Case Analyst, ``Alignment of New Shipper
Review of Freshwater Crawfish Tail Meat from the People's Republic
of China with the concurrent administrative review of Freshwater
Crawfish Tail Meat from the People's Republic of China'' dated
February 12, 2013.
---------------------------------------------------------------------------
DATES: Effective Date: April 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2013, the Department published the Preliminary
Results of these reviews. On January 24, 2014, we issued a memorandum
extending the time limit for the final results of these reviews to
April 21, 2014.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Freshwater Crawfish Tail Meat from the People's Republic of China:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review and New Shipper Review; 2011-2012'' dated
January 24, 2014.
---------------------------------------------------------------------------
The Department gave interested parties an opportunity to comment on
the Preliminary Results. We received a case brief from the petitioner,
Crawfish Processors Alliance (CPA) on January 14, 2014, and rebuttal
briefs from Xiping Opeck on January 21, 2014, and from Deyan Aquatic
and Yancheng Hi-King on January 22, 2014.
We conducted these reviews in accordance with sections 751(a)(1)(B)
and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).
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 subheadings
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 only. The written description of the
scope is dispositive. A full description of the scope of the order is
contained in the Issues and Decision Memorandum,\3\ which is hereby
adopted by this notice.
---------------------------------------------------------------------------
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from James Maeder, Director, Office II,
Antidumping and Countervailing Duty Operations, ``Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review and New Shipper Review of Freshwater Crawfish
Tail Meat from the People's Republic of China'' dated concurrently
with and hereby adopted by this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties to these reviews
are addressed in the Issues and Decision 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
[[Page 22948]]
via Enforcement and Compliance'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
Enforcement and Compliance Web site at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
For these final results, we continue to find that 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, had no shipments during the POR.\4\ Consistent with the
Department's refinement to its assessment practice in NME cases
regarding no shipment claims, we are completing the administrative
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 administrative review.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results.
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section below.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received, we made a change to our
calculations for these final results. Specifically, we altered our
method of valuing crawfish shell from the Preliminary Results. For
further details, see the company-specific analysis memoranda dated
concurrently with this notice and the Issues and Decision Memorandum.
Final Results of the Review
For the final result of the administrative review, we determine
that the following percentage weighted-average dumping margins exist
for the period September 1, 2011, through August 31, 2012:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Nanjing Gemsen International Co., Ltd...................... 0.00
Xiping Opeck Food Co., Ltd................................. 0.00
Yancheng Hi-King Agriculture Developing Co., Ltd \6\....... 0.00
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\6\ For these final results, we continue to find that 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., are a single
entity for the purpose of calculating an antidumping duty margin.
See Issues and Decision Memorandum.
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For the result of the new shipper review, the Department determines
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.
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by these reviews.\7\ We
intend to issue assessment instructions to CBP 15 days after the date
of publication of these final results of reviews. For Nanjing Gemsen,
Xiping Opeck, Yancheng Hi-King, and Deyan Aquatic we will instruct CBP
to liquidate all entries during the respective PORs without regard to
antidumping duties because their weighted-average dumping margins in
these final results are zero.\8\
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\7\ See 19 CFR 351.212(b)(1).
\8\ 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).
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Pursuant to the Department's refinement to its assessment practice
in NME cases,\9\ 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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\9\ 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 the administrative 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 the final results of
the administrative 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; 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 entity that
supplied that non-PRC exporter.
With respect to Deyan Aquatic, the respondent in the new shipper
review, the Department 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 new shipper review; (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.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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
[[Page 22949]]
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 reviews are issued and published 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: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum:
A. Summary
B. Background
C. Surrogate Country
D. Affiliation
E. Separate Rates
F. Discussion of the Issue
1. Selection of Surrogate Value for Crawfish Shell
G. Recommendation
[FR Doc. 2014-09479 Filed 4-24-14; 8:45 am]
BILLING CODE 3510-DS-P
