Freshwater Crawfish Tail Meat From the People's Republic of China: Continuation of Antidumping Duty Order, 28483-28484 [2014-11387]

Download as PDF Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices With respect to the management, we find that there were several important changes to management as a result of the bankruptcy and change in ownership in 2005. Delverde states that Faro ‘‘. . . added top-level executive supervisors’’ and installed ‘‘top executive managers in a few key positions.’’ 16 While Delverde characterizes these changes as minor, we find that these were significant changes in the top level management.17 We also find that there were significant changes to Delverde’s suppliers as a result of the bankruptcy and change in ownership, though we do not find that there were significant changes to Delverde’s customers or production facilities immediately following the bankruptcy. However, we find that the bankruptcy resulted in a significant change to the company because (1) the company Delverde S.p.A. effectively ceased to exist as a commercial entity; and (2) the company that purchased the existing assets, Faro, took extensive measures to ‘‘relaunch’’ or ‘‘restart’’ the pasta business that used to be Delverde S.p.A.; and (3) although the pasta factory and the Delverde brand name were constant elements through the history of these entities, the magnitude of the changes, as discussed above and in the ‘‘Prelim Memo’’ as a result of the bankruptcy and change in ownership reflect the creation of a new entity. For example, Faro’s investments in the factory totaled approximately 2.8 million Euros, and affected machinery, plant facilities, and laboratory equipment. These investments were made to restart operations, improve productive and administrative efficiency, and to upgrade product quality.18 Therefore, we preliminarily find that the record evidence does not support Delverde’s claim that it is the successor-in-interest to Del Verde S.p.A. Consequently, we preliminarily determine that Delverde should not be given the same antidumping duty treatment as Del Verde S.p.A, which was excluded from the order. Instead, Delverde, as a new entity, is not excluded from the order.19 This 16 See Changed Circumstance Request, at 5. of the proprietary nature of the information concerning the changes to management as a result of the 2005 bankruptcy and change in ownership, for further discussion see ‘‘Preliminary Successor-in-Interest Determination Analysis Memorandum’’ (‘‘Prelim Memo’’), dated concurrently with this notice. 18 See Third Supplemental Response, at 1–3. 19 See Certain Pasta From Italy: Notice of Final Results of 16th Antidumping Duty Administrative Review; 2011–2012, 79 FR 11409 (February 28, 2014), in which Delverde Industrie Alimentari S.p.A. was assigned a company-specific cash deposit rate of 13.09 percent. EMCDONALD on DSK67QTVN1PROD with NOTICES 17 Because VerDate Mar<15>2010 20:00 May 15, 2014 Jkt 232001 determination will apply to all entries of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this changed circumstances review.20 This deposit rate shall remain in effect until further notice. Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than 10 days after the date of publication of this notice 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 http:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), 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 Enforcement and Compliance, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by IA ACCESS, no later than 5:00 p.m. Eastern Time within 10 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case briefs. Consistent with 19 CFR 351.216(e), we will issue the final results of this changed circumstances review no later than 270 days after the date on which this review was initiated, or within 45 days after the publication of the preliminary results if all parties in this review agree to our preliminary results. We are issuing and publishing this determination and notice in accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221. 20 See Granular Polytetrafluoroethylene Resin from Italy: Final Results of Changed Circumstances Review, 68 FR 25327 (May 12, 2003). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 28483 Dated: May 12, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–11390 Filed 5–15–14; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) and the International Trade Commission (the ITC) determined that revocation of the antidumping duty (AD) order on freshwater crawfish tail meat from the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation of this AD order. DATES: Effective Date: May 16, 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: SUPPLEMENTARY INFORMATION: Background On November 1, 2013, the Department published the notice of initiation of the third sunset review of the AD order on freshwater crawfish tail meat from the PRC, pursuant to section 75l(c) of the Tariff Act of 1930, as amended (the Act).1 As a result of its review, the Department determined that revocation of the AD order on freshwater crawfish tail meat from the PRC would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margin likely to prevail should the order be revoked.2 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 FR 65614 (November 1, 2013). 2 See Freshwater Crawfish Tail Meat From the People’s Republic of China: Final Results of the Third Expedited Sunset Review of the Antidumping Duty Order, 79 FR 13278 (March 10, 2014). E:\FR\FM\16MYN1.SGM 16MYN1 28484 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices On May 2, 2014, pursuant to section 75l(c) of the Act, the ITC determined that revocation of the AD order on freshwater crawfish tail meat from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 EMCDONALD on DSK67QTVN1PROD with NOTICES Scope of the Order The product covered by the antidumping duty order is freshwater crawfish tail meat, in all its forms (whether washed or with fat on, whether purged or un-purged), grades, and sizes; whether frozen, fresh, or chilled; and regardless of how it is packed, preserved, or prepared. Excluded from the scope of the order are live crawfish and other whole crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are saltwater crawfish of any type, and parts thereof. Freshwater crawfish tail meat is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 1605.40.10.10 and 1605.40.10.90, which are the HTSUS numbers for prepared foodstuffs, indicating peeled crawfish tail meat and other, as introduced by U.S. Customs and Border Protection (CBP) in 2000, and HTSUS numbers 0306.19.00.10 and 0306.29.00.00, which are reserved for fish and crustaceans in general. On February 10, 2012, the Department added HTSUS classification number 0306.29.01.00 to the scope description pursuant to a request by CBP. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the order is dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 75l(d)(2) of the Act, the Department hereby orders the continuation of the AD order on freshwater crawfish tail meat from the PRC. CBP will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of this order not later than 30 days prior to the fifth 3 See Crawfish Tail Meat from China, 79 FR 25152 (May 2, 2014). VerDate Mar<15>2010 20:00 May 15, 2014 Jkt 232001 anniversary of the effective date of continuation. This sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: May 9, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–11387 Filed 5–15–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Smart Grid Advisory Committee Meeting National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The Smart Grid Advisory Committee (SGAC or Committee), will meet in open session on Tuesday, June 3, 2014 from 8:30 a.m. to 5:00 p.m. Eastern time and Wednesday, June 4, 2014 from 8:30 a.m. to 12:00 p.m. Eastern time. This meeting was originally scheduled for March 18–19, 2014 and was rescheduled for administrative reasons. The primary purposes of this meeting are to discuss the updated NIST Framework and Roadmap for Smart Grid Interoperability Standards, updated Guidelines for Smart Grid Cyber Security (NISTIR 7628), NIST Smart Grid Testbed activities, and interactions between Cyber-Physical Systems and Smart Grid. The agenda may change to accommodate Committee business. The final agenda will be posted on the Smart Grid Web site at http://www.nist.gov/ smartgrid. SUMMARY: The SGAC will meet on Tuesday, June 3, 2014 from 8:30 a.m. to 5:00 p.m. Eastern time and Wednesday, June 4, 2014 from 8:30 a.m. to 12:00 p.m. Eastern time. ADDRESSES: The meeting will be held in the Lecture Room G, Administration Building, National Institute of Standards and Technology (NIST), 100 Bureau Drive, Gaithersburg, Maryland 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Mr. Cuong Nguyen, Smart Grid and CyberPhysical Systems Program Office, National Institute of Standards and DATES: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Technology, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899– 8200; telephone 301–975–2254, fax 301–948–5668; or via email at cuong.nguyen@nist.gov. SUPPLEMENTARY INFORMATION: The Committee was established in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. The Committee is composed of nine to fifteen members, appointed by the Director of NIST, who were selected on the basis of established records of distinguished professional service in their professional community and knowledge of issues affecting Smart Grid deployment and operations. The Committee advises the Director of NIST in carrying out duties authorized by section 1305 of the Energy Independence and Security Act of 2007 (Pub. L. 110–140). The Committee provides input to NIST on Smart Grid standards, priorities, and gaps, on the overall direction, status, and health of the Smart Grid implementation by the Smart Grid industry, and on Smart Grid Interoperability Panel activities, including the direction of research and standards activities. Background information on the Committee is available at http://www.nist.gov/ smartgrid/committee.cfm. Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the Smart Grid Advisory Committee (SGAC or Committee) will meet in open session on Tuesday, June 3, 2014 from 8:30 a.m. to 5:00 p.m. Eastern time and Wednesday, June 4, 2014 from 8:30 a.m. to 12:00 p.m. Eastern time. The meeting will be open to the public and held in the Lecture Room G, in the Administration Building at NIST in Gaithersburg, Maryland. This meeting was originally scheduled for March 18– 19, 2014 and was rescheduled for administrative reasons. The primary purposes of this meeting are to discuss the updated NIST Framework and Roadmap for Smart Grid Interoperability Standards, updated Guidelines for Smart Grid Cyber Security (NISTIR 7628), NIST Smart Grid Testbed activities, and interaction between Cyber-Physical System and Smart Grid. The agenda may change to accommodate Committee business. The final agenda will be posted on the Smart Grid Web site at http://www.nist.gov/ smartgrid. Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee’s affairs are invited to request a place on the agenda by submitting their request to Cuong E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Pages 28483-28484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11387]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) determined that revocation of 
the antidumping duty (AD) order on freshwater crawfish tail meat from 
the People's Republic of China (PRC) would likely lead to continuation 
or recurrence of dumping and material injury to an industry in the 
United States. Therefore, the Department is publishing a notice of 
continuation of this AD order.

DATES: Effective Date: May 16, 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 November 1, 2013, the Department published the notice of 
initiation of the third sunset review of the AD order on freshwater 
crawfish tail meat from the PRC, pursuant to section 75l(c) of the 
Tariff Act of 1930, as amended (the Act).\1\ As a result of its review, 
the Department determined that revocation of the AD order on freshwater 
crawfish tail meat from the PRC would likely lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margin likely to prevail should the order be revoked.\2\

[[Page 28484]]

On May 2, 2014, pursuant to section 75l(c) of the Act, the ITC 
determined that revocation of the AD order on freshwater crawfish tail 
meat from the PRC would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 65614 
(November 1, 2013).
    \2\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Final Results of the Third Expedited Sunset Review of the 
Antidumping Duty Order, 79 FR 13278 (March 10, 2014).
    \3\ See Crawfish Tail Meat from China, 79 FR 25152 (May 2, 
2014).
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Scope of the Order

    The product covered by the antidumping duty order is freshwater 
crawfish tail meat, in all its forms (whether washed or with fat on, 
whether purged or un-purged), grades, and sizes; whether frozen, fresh, 
or chilled; and regardless of how it is packed, preserved, or prepared. 
Excluded from the scope of the order are live crawfish and other whole 
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are 
saltwater crawfish of any type, and parts thereof. Freshwater crawfish 
tail meat is currently classifiable in the Harmonized Tariff Schedule 
of the United States (HTSUS) under item numbers 1605.40.10.10 and 
1605.40.10.90, which are the HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by U.S. 
Customs and Border Protection (CBP) in 2000, and HTSUS numbers 
0306.19.00.10 and 0306.29.00.00, which are reserved for fish and 
crustaceans in general. On February 10, 2012, the Department added 
HTSUS classification number 0306.29.01.00 to the scope description 
pursuant to a request by CBP. The HTSUS subheadings are provided for 
convenience and customs purposes only. The written description of the 
scope of the order is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 75l(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on freshwater crawfish tail 
meat from the PRC. CBP will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of this order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This sunset review and this notice are in accordance with section 
751(c) of the Act and published pursuant to section 777(i)(1) of the 
Act and 19 CFR 351.218(f)(4).

    Dated: May 9, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-11387 Filed 5-15-14; 8:45 am]
BILLING CODE 3510-DS-P