Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2012-2013, 75535-75536 [2014-29660]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75535-75536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29660]


-----------------------------------------------------------------------

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; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 6, 2014, 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, 2012, through August 31, 2013, 
and the POR for the new shipper review is September 1, 2012 through 
August 31, 2013. These reviews cover two producers/exporters of subject 
merchandise: Xiping Opeck Food Co., Ltd. (Xiping Opeck), and Hubei 
Nature Agriculture Industry Co., Ltd (Hubei Nature). We invited parties 
to comment on the Preliminary Results. We received no comments from 
interested parties. Accordingly, 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; 2012-2013, 79 FR 60134 (October 6, 
2014) (Preliminary Results). Also, on January 6, 2014, 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 Bryan Hansen, 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 January 6, 
2014.

---------------------------------------------------------------------------
DATES: Effective Date: December 18, 2014.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Hermes Pinilla, 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-
3683 or (202) 482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2014, the Department published the Preliminary 
Results of

[[Page 75536]]

these reviews. The Department gave interested parties an opportunity to 
comment on the Preliminary Results. We received no comments from 
interested parties.
    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 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 1605.40.1010 and 
1605.40.1090, which are the HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by CBP in 
2000, and HTSUS numbers 0306.19.0010 and 0306.29.0000, which are 
reserved for fish and crustaceans in general. On February 10, 2012, the 
Department added HTSUS classification number 0306.29.0100 to the scope 
description pursuant to a request by U.S. Customs and Border Protection 
(CBP). The HTSUS subheadings are provided for convenience and customs 
purposes only. The written description of the scope of the order is 
dispositive.

Final Results of the Review

    The Department made no changes to its calculations announced in the 
Preliminary Results. As a result of our administrative review, we 
determine that a weighted-average dumping margin of 0.00 percent exists 
for Xiping Opeck for the POR.
    For the final results of the new shipper review, the Department 
determines that a dumping margin of 0.00 percent exists for merchandise 
produced and exported by Hubei Nature for the POR.

Assessment

    In accordance with 19 CFR 351.212 and the Final Modification,\2\ 
the Department will instruct CBP to liquidate all appropriate entries 
for Xiping Opeck, and Hubei Nature without regard to antidumping duties 
because their weighted-average dumping margins in these final results 
are zero.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.212(b)(1).
    \3\ 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).
---------------------------------------------------------------------------

    Pursuant to the Department's refinement to its assessment practice 
in NME cases,\4\ for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during these 
reviews, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.
---------------------------------------------------------------------------

    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of these final results of reviews.

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 Xiping Opeck, the cash deposit rate will be the rate 
established in the final results of the administrative review; because 
the rate is zero or de minimis, no cash deposit will be required for 
that Xiping Opeck; (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 Hubei Nature, 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 Hubei Nature, the cash deposit 
rate will be the rate established for Hubei Nature in the final results 
of the new shipper review; (2) for subject merchandise exported by 
Hubei Nature, but not produced by Hubei Nature, the cash deposit rate 
will be the rate for the PRC-wide entity; and (3) for subject 
merchandise produced by Hubei Nature but not exported by Hubei Nature, 
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 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 result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    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: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29660 Filed 12-17-14; 8:45 am]
BILLING CODE 3510-DS-P