Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 64749-64750 [2014-25958]

Download as PDF Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: October 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Comments Discussed in the Accompanying Final Issues and Decision Memorandum I. Summary II Background III. Period of Investigation IV. Scope of the Investigation V. Discussion of Comments Comment 1: Application of Adverse Facts Available to the PRC-Wide Entity Comment 2A: The Status of Paras as Part of the PRC-Wide Entity Comment 2B: The Status of Evonik as Part of the PRC-Wide Entity VI. Recommendation [FR Doc. 2014–25859 Filed 10–30–14; 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: Initiation of Antidumping Duty New Shipper Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. DATED: Effective Date: October 31, 2014. SUMMARY: The Department of Commerce (the Department) has determined that three requests for new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (PRC), meet the statutory and regulatory requirements for initiation. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, 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) 482–1757. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: Background The antidumping duty order on freshwater crawfish tail meat from the PRC published in the Federal Register VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 on September 15, 1997.1 Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), we received three timely requests for new shipper reviews of the Order from Wuhan Coland Aquatic Products and Food Co., Ltd. (Coland), Weishan Hongda Aquatic Food Co., Ltd. (Hongda), and Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng).2 Each new shipper review applicant certified that it is both the producer and exporter of the subject merchandise upon which its request was based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), each new shipper applicant certified that it did not export subject merchandise to the United States during the period of investigation (POI).4 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), each new shipper applicant certified that, since the initiation of the investigation, it has never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.5 As required by 19 CFR 351.214(b)(2)(iii)(B), each new shipper applicant also certified that its export activities were not controlled by the government of the PRC.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2), each new shipper applicant submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Period of Review In accordance with 19 CFR 351.214(g)(1)(A), the period of review 1 See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat From the People’s Republic of China, 62 FR 48218 (September 15, 1997) (Order). 2 See Coland’s new shipper review request dated September 18, 2014 (Coland NSR request); Hongda’s new shipper review request dated September 29, 2014 (Hongda NSR request); Hubei Yuesheng’s new shipper review request dated September 30, 2014 (Hubei Yuesheng NSR request). 3 See Coland NSR request at page 1; Hongda NSR request at Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2. 4 See Coland NSR request at Attachment 1; Hongda NSR request at Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2. 5 Id. 6 Id. 7 See Coland NSR request at Attachment 2; Hongda NSR request at Exhibit 2; Hubei Yuesheng NSR request at Exhibit 1. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 64749 (POR) for new shipper reviews initiated in the month immediately following the anniversary month will be the twelvemonth period immediately preceding the anniversary month. Therefore, under the Order, the POR is September 1, 2013, through August 31, 2014. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that the request from each new shipper applicant meets threshold requirements for the initiation of a new shipper review of shipments of freshwater crawfish tail meat from the PRC produced and exported by each new shipper applicant.8 The Department intends to issue the preliminary results of these new shipper reviews no later than 180 days from the date of initiation and the final results of the review no later than 90 days after the date the preliminary results are issued.9 It is the Department’s usual practice, in cases involving non-market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to each new shipper applicant which will include a section requesting information concerning its eligibility for a separate rate. The new shipper review of each new shipper applicant will be rescinded if the Department determines that each new shipper applicant has not demonstrated that it is eligible for a separate rate. In addition, the Department has concerns with certain information contained in entry data that the Department obtained from U.S. Customs and Border Protection (CBP). Due to the business proprietary nature of this information, please refer to the Initiation Checklists for further discussion. The Department intends to address these concerns after initiation of the new shipper reviews. If 8 See the memoranda to the file entitled ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Wuhan Coland Aquatic Products and Food Co., Ltd.’’ dated concurrently with this notice; ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Weishan Hongda Aquatic Food Co., Ltd.’’ dated concurrently with this notice; and ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Hubei Yuesheng Aquatic Products Co., Ltd.’’ dated concurrently with this notice. (Collectively, Initiation Checklists.) 9 See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). E:\FR\FM\31OCN1.SGM 31OCN1 64750 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices the Department subsequently determines, based on information collected, that a new shipper review for any applicant is not warranted, the Department may rescind the review or apply facts available pursuant to section 776 of the Act, as appropriate. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from each new shipper applicant in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because each new shipper applicant certified that it produced and exported subject merchandise, the sale of which is the basis for the request for a new shipper review, we will apply the bonding privilege to each new shipper applicant only for subject merchandise which was produced and exported by each new shipper applicant. To assist in its analysis of the bona fides of each new shipper applicant’s sales, upon initiation of this new shipper review, the Department will require each new shipper applicant to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in the new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: October 24, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–25958 Filed 10–30–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE asabaliauskas on DSK5VPTVN1PROD with NOTICES National Oceanic and Atmospheric Administration RIN 0648–XD457 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2015 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 has allowed for: The collection of fishery dependent data for current and future stock assessments; the operation SUMMARY: NMFS announces its request of cooperative research to meet NMFS’ for applications for the 2015 shark ongoing research objectives; the research fishery from commercial shark collection of updated life-history fishermen with directed or incidental information used in the sandbar shark shark limited access permits. The shark (and other species) stock assessment; research fishery allows for the collection the collection of data on habitat of fishery-dependent and biological data preferences that might help reduce for future stock assessments to meet the fishery interactions through bycatch shark research objectives of the Agency. mitigation; and the evaluation of the The only commercial vessels authorized utility of the mid-Atlantic closed area to land sandbar sharks are those on the recovery of dusky sharks and participating in the shark research collection of hook-timer and pop-up fishery. Shark research fishery satellite archival tag (PSAT) information permittees may also land other large to determine at-vessel and post-release coastal sharks (LCS), small coastal mortality of dusky sharks. sharks (SCS), and pelagic sharks. The shark research fishery allows Commercial shark fishermen who are selected commercial fishermen the interested in participating in the shark opportunity to earn revenue from selling research fishery need to submit a additional sharks, including sandbar completed Shark Research Fishery sharks. Only the commercial shark Permit Application in order to be fishermen selected to participate in the considered. shark research fishery are authorized to land sandbar sharks subject to the DATES: Shark Research Fishery sandbar quota available each year. The Applications must be received no later base quota is 116.6 metric (mt) dressed than 5 p.m., local time, on December 1, weight (dw) per year, although this 2014. number may be reduced in the event of ADDRESSES: Please submit completed overharvests, if any. The selected shark applications to the HMS Management research fishery permittees will also be Division at: allowed to land other LCS, SCS, and ´ • Mail: Attn: Guy DuBeck, HMS pelagic sharks per any restrictions Management Division (F/SF1), NMFS, established on their shark research 1315 East-West Highway, Silver Spring, fishery permit. Generally, the shark MD 20910. research fishery permits are valid only • Fax: (301) 713–1917. for the calendar year for which they are For copies of the Shark Research Fishery Permit Application, please write issued. The specific 2015 trip limits and to the HMS Management Division at the number of trips per month will depend address listed above, call (301) 427– on the availability of funding, number of 8503 (phone), or fax a request to (301) selected vessels, the availability of 713–1917. Copies of the Shark Research observers, the available quota, and the Fishery Application are also available at objectives of the research fishery and the HMS Web site at http:// will be included in the permit terms at www.nmfs.noaa.gov/sfa/hms/index.htm. time of issuance. The number of Additionally, please be advised that participants in the research fishery your application may be released under change each year. In 2014, five the Freedom of Information Act. fishermen were chosen to participate. FOR FURTHER INFORMATION CONTACT: From 2008 through 2014, there has been ´ Karyl Brewster-Geisz or Guy DuBeck, at an average of seven participants each (301) 427–8503 (phone) or (301) 713– year with the range from five to eleven. 1917 (fax). The trip limits and the number of trips SUPPLEMENTARY INFORMATION: The taken per month have changed each Atlantic shark fisheries are managed year the research fishery has been under the authority of the Magnusonactive. Participants may also be limited Stevens Fishery Conservation and on the amount of gear they can deploy Management Act (Magnuson-Stevens on a given set (e.g., number of hooks Act). The Consolidated HMS Fishery and sets, soak times, length of longline). In 2014, NMFS split the sandbar and Management Plan (FMP) is LCS research fishery quotas equally implemented by regulations at 50 CFR among selected participants, with each part 635. vessel allocated 18.6 mt dw of sandbar The shark research fishery was shark research fishery quota and 8.0 mt established, in part, to maintain time dw of other LCS research fishery quota. series data for stock assessments and to NMFS also established a regional dusky meet NMFS’ research objectives. Since bycatch limit where once three or more the shark research fishery was established in 2008, the research fishery dusky sharks were caught dead in any Notice of intent; request for applications. ACTION: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64749-64750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25958]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews

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

DATED: Effective Date: October 31, 2014.
SUMMARY: The Department of Commerce (the Department) has determined 
that three requests for new shipper reviews of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (PRC), meet the statutory and regulatory requirements for 
initiation.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, 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-
1757.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order on freshwater crawfish tail meat from 
the PRC published in the Federal Register on September 15, 1997.\1\ 
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the Act), we received three timely requests for new shipper 
reviews of the Order from Wuhan Coland Aquatic Products and Food Co., 
Ltd. (Coland), Weishan Hongda Aquatic Food Co., Ltd. (Hongda), and 
Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng).\2\ Each new 
shipper review applicant certified that it is both the producer and 
exporter of the subject merchandise upon which its request was 
based.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amendment to Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish 
Tail Meat From the People's Republic of China, 62 FR 48218 
(September 15, 1997) (Order).
    \2\ See Coland's new shipper review request dated September 18, 
2014 (Coland NSR request); Hongda's new shipper review request dated 
September 29, 2014 (Hongda NSR request); Hubei Yuesheng's new 
shipper review request dated September 30, 2014 (Hubei Yuesheng NSR 
request).
    \3\ See Coland NSR request at page 1; Hongda NSR request at 
Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), each new shipper applicant certified that it did not 
export subject merchandise to the United States during the period of 
investigation (POI).\4\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), each 
new shipper applicant certified that, since the initiation of the 
investigation, it has never been affiliated with any exporter or 
producer who exported subject merchandise to the United States during 
the POI, including those respondents not individually examined during 
the POI.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), each new 
shipper applicant also certified that its export activities were not 
controlled by the government of the PRC.\6\
---------------------------------------------------------------------------

    \4\ See Coland NSR request at Attachment 1; Hongda NSR request 
at Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), each new shipper applicant submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\7\
---------------------------------------------------------------------------

    \7\ See Coland NSR request at Attachment 2; Hongda NSR request 
at Exhibit 2; Hubei Yuesheng NSR request at Exhibit 1.
---------------------------------------------------------------------------

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(A), the period of review 
(POR) for new shipper reviews initiated in the month immediately 
following the anniversary month will be the twelve-month period 
immediately preceding the anniversary month. Therefore, under the 
Order, the POR is September 1, 2013, through August 31, 2014.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that the request from each new 
shipper applicant meets threshold requirements for the initiation of a 
new shipper review of shipments of freshwater crawfish tail meat from 
the PRC produced and exported by each new shipper applicant.\8\
---------------------------------------------------------------------------

    \8\ See the memoranda to the file entitled ``Freshwater Crawfish 
Tail Meat from the People's Republic of China: Initiation Checklist 
for Antidumping Duty New Shipper Review of Wuhan Coland Aquatic 
Products and Food Co., Ltd.'' dated concurrently with this notice; 
``Freshwater Crawfish Tail Meat from the People's Republic of China: 
Initiation Checklist for Antidumping Duty New Shipper Review of 
Weishan Hongda Aquatic Food Co., Ltd.'' dated concurrently with this 
notice; and ``Freshwater Crawfish Tail Meat from the People's 
Republic of China: Initiation Checklist for Antidumping Duty New 
Shipper Review of Hubei Yuesheng Aquatic Products Co., Ltd.'' dated 
concurrently with this notice. (Collectively, Initiation 
Checklists.)
---------------------------------------------------------------------------

    The Department intends to issue the preliminary results of these 
new shipper reviews no later than 180 days from the date of initiation 
and the final results of the review no later than 90 days after the 
date the preliminary results are issued.\9\ It is the Department's 
usual practice, in cases involving non-market economy countries, to 
require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate provide 
evidence of de jure and de facto absence of government control over the 
company's export activities. Accordingly, we will issue a questionnaire 
to each new shipper applicant which will include a section requesting 
information concerning its eligibility for a separate rate. The new 
shipper review of each new shipper applicant will be rescinded if the 
Department determines that each new shipper applicant has not 
demonstrated that it is eligible for a separate rate. In addition, the 
Department has concerns with certain information contained in entry 
data that the Department obtained from U.S. Customs and Border 
Protection (CBP). Due to the business proprietary nature of this 
information, please refer to the Initiation Checklists for further 
discussion. The Department intends to address these concerns after 
initiation of the new shipper reviews. If

[[Page 64750]]

the Department subsequently determines, based on information collected, 
that a new shipper review for any applicant is not warranted, the 
Department may rescind the review or apply facts available pursuant to 
section 776 of the Act, as appropriate.
---------------------------------------------------------------------------

    \9\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
---------------------------------------------------------------------------

    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
each new shipper applicant in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Because each new shipper applicant 
certified that it produced and exported subject merchandise, the sale 
of which is the basis for the request for a new shipper review, we will 
apply the bonding privilege to each new shipper applicant only for 
subject merchandise which was produced and exported by each new shipper 
applicant.
    To assist in its analysis of the bona fides of each new shipper 
applicant's sales, upon initiation of this new shipper review, the 
Department will require each new shipper applicant to submit on an 
ongoing basis complete transaction information concerning any sales of 
subject merchandise to the United States that were made subsequent to 
the POR.
    Interested parties requiring access to proprietary information in 
the new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: October 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-25958 Filed 10-30-14; 8:45 am]
BILLING CODE 3510-DS-P