Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015, 70389-70391 [2016-24656]
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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
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; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review and a 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 and the new
shipper review is September 1, 2014,
through August 31, 2015. The
Department preliminarily determines
that imports of freshwater crawfish tail
meat from the PRC are being sold in the
United States at prices below normal
value. The Department also
preliminarily determines that the new
shipper review respondent, Hubei
Qianjiang Huashan Aquatic Food and
Product Co., Ltd. (Hubei Qianjiang), has
not made sales of freshwater crawfish
tail meat at prices below normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Effective October 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla at (202) 482–3477 (China
Kingdom (Beijing) Import & Export Co.,
Ltd.), Catherine Cartsos (202) 482–1757
(Xuzhou Jinjiang Foodstuffs Co., Ltd.),
or Michael Romani (202) 482–0198
(Hubei Qianjiang), AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD 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 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). While the HTSUS
numbers are provided for convenience
and customs purposes, the written
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20:13 Oct 11, 2016
Jkt 241001
Rescission of Review in Part
We rescinded the review in part with
respect to Deyan Aquatic Products and
Food Co., Ltd (Deyan), Hubei Yuesheng
Aquatic Products Co., Ltd., Nanjing
Gemsen International Co., Ltd., Weishan
Hongda Aquatic Food Co., Ltd., Xiping
Opeck Food Co., Ltd., and Yancheng HiKing Agriculture Developing Co., Ltd.2
PRC-Wide Entity
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.3 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change (i.e., 223.01 percent).4
Verification
As provided in section 782(i) of the
Act, we intend to verify the information
provided by Hubei Qianjiang in the new
shipper review of freshwater crawfish
tail meat from the PRC using standard
verification procedures, including onsite inspection of the producer’s and
exporter’s facilities, and examination of
relevant sales and financial records. Our
verification results will be outlined in
the verification report for Hubei
Qianjiang after completion of the
verification.
Methodology
The Department is conducting these
reviews in accordance with section
751(a)(1)(B), and (a)(2)(B) of the Tariff
1 See
Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled, ‘‘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,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
2 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Rescission of
Antidumping Duty Administrative Review in Part;
2014–2015, 81 FR 15507 (March 23, 2016).
3 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
4 See Freshwater Crawfish Tail Meat from the
People’s Republic of China; Notice of Final Results
of Antidumping Duty Administrative Review, 68 FR
19504 (April 21, 2003).
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Sfmt 4703
70389
Act of 1930, as amended (the Act), and
19 CFR 351.214. 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 the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Department’s Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical.
Preliminary Results of Administrative
Review
The Department determines that the
following preliminary dumping margins
exist for the administrative review
covering the period September 1, 2014,
through August 31, 2015:
Producer/Exporter
China Kingdom (Beijing) Import
& Export Co., Ltd ..................
Xuzhou Jinjiang Foodstuffs Co.,
Ltd .........................................
Weightedaverage
margin
(percent)
13.90
12.21
Preliminary Results of New Shipper
Review
As a result of the new shipper review,
the Department preliminarily
determines that a dumping margin of
0.00 percent exists for merchandise
produced and exported by Hubei
Qianjiang, covering the period
September 1, 2014, through August 31,
2015.5
Disclosure
We intend to disclose calculations
performed in these preliminary results
to parties within five days after public
5 The Department reached this conclusion based
on the totality of the circumstances surrounding the
reported sale. See Preliminary Decision
Memorandum, Bona Fides Analysis section at 3.
E:\FR\FM\12OCN1.SGM
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70390
Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices
announcement of the preliminary
results.6
mstockstill on DSK3G9T082PROD with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), 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.8
Interested parties who wish to request
a hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance. All
documents must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.9
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 the respective case
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,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.10 Parties
should confirm, by telephone or email,
the date, time, and location of the
hearing.
Unless the deadline is extended 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).
Assessment Rates
Upon issuing the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by these
reviews.11 If a respondent’s weighted6 See
19 CFR 351.224(b).
7 See 19 CFR 351.309. See also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.309(c)(2).
9 See 19 CFR 351.310(c).
10 Id.
11 See 19 CFR 351.212(b)(1).
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20:13 Oct 11, 2016
Jkt 241001
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 each importer’s examined
sales and, where possible, the total
entered value of sales.12
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.13 Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.14
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. We intend to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of these reviews.
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) In the administrative
review, for the companies listed above
that have a separate rate, 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 nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will 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
12 Id.
13 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).
14 See 19 CFR 351.106(c)(2).
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Fmt 4703
Sfmt 4703
(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 Hubei Qianjiang, the
new shipper respondent, 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 Qianjiang, the
cash deposit rate will be the rate
established for Hubei Qianjiang in the
final results of the new shipper review;
(2) for subject merchandise exported by
Hubei Qianjiang, but not produced by
Hubei Qianjiang, the cash deposit rate
will be the rate for the PRC-wide entity;
and (3) for subject merchandise
produced by Hubei Qianjiang but not
exported by Hubei Qianjiang, 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.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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 the terms of an
APO is a sanctionable violation. 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, 351.214 and 351.221(b)(4).
E:\FR\FM\12OCN1.SGM
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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Verification
6. Discussion of Methodology
Non-Market-Economy Country Status
Surrogate Country
Separate Rates
Absence of De Jure Control
Absence of De Facto Control
Fair Value Comparisons
U.S. Price
Date of Sale
Normal Value
Surrogate Values
7. Currency Conversion
8. Recommendation
[FR Doc. 2016–24656 Filed 10–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 92–13A001]
Export Trade Certificate of Review
Notice of issuance of an
amended Export Trade Certificate of
Review to Aerospace Industries
Association of America, Inc.,
Application No. 92–13A001.
ACTION:
The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to
Aerospace Industries Association of
America, Inc. (‘‘AIA’’) on September 26,
2016.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Trade and Economic Analysis,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR part 325
(2014). The U.S. Department of
Commerce, International Trade
Administration, Office of Trade and
Economic Analysis (‘‘OTEA’’) is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:13 Oct 11, 2016
Jkt 241001
issuance in the Federal Register. Under
Section 305(a) of the Export Trading
Company Act (15 U.S.C. 4012(b)(1)) and
15 CFR 325.11(a), any person aggrieved
by the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct
AIA’s Export Trade Certificate of
Review has been amended to:
1. Add the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)):
• Accurus Aerospace Corporation, LLC;
Irving, TX
• Aerion Corporation; Reno, NV
• Aerospace Exports Incorporated;
Moreno, CA
• AirMap; Santa Monica, CA
• Apex International Management
Company; Daytona Beach, FL
• Ascent Manufacturing Inc.; Elk Grove
Village, IL
• Astronautics Corporation of America;
Milwaukee, WI
• Astronics Corporation; East Aurora,
NY
• Boston Consulting Group; Boston, MA
• C4 Associates, Inc.; Los Angeles, CA
• CAE USA; Tampa, FL (controlling
entity CAE; St. Laurent, Quebec,
Canada)
• Capgemini; New York, NY
(controlling entity Capgemini, S.A.;
Paris, France)
• CDI Corporation; Philadelphia, PA
• Cytec Industries, Inc.; Woodland Park,
NJ (controlling entity Solvay SA;
Brussels, Belgium)
• Facebook, Inc.; Menlo Park, CA
• FS Precision Tech, Co. LLC; Compton,
CA
• FLIR Systems, Inc.; Wilsonville, OR
• Iron Mountain, Inc.; Boston, MA
• J Anthony Group, LLC; Fort Worth,
TX
• Kratos Defense & Security Solutions,
Inc.; San Diego, CA
• Lavi Systems, Inc.; Van Nuys, CA
• Leidos, Inc.; Reston, VA (controlling
entity Leidos Holdings, Inc.; Reston,
VA)
• LS Technologies, LLC; Fairfax, VA
• Momentum Aviation Group;
Woodbridge, VA
• Pacific Design Technologies; Goleta,
CA
• Park-Ohio Holdings Corp.; Cleveland,
OH
• Primus Technologies Corporation;
Williamsport, PA
• salesforce.com, inc.; San Francisco,
CA
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Fmt 4703
Sfmt 4703
70391
• Spacecraft Components Corporation;
Las Vegas, NV
• Sunflower Systems; Arlington, VA
• The NORDAM Group, Inc.; Tulsa, OK
• Tip Technologies; Waukesha, WI
• TriMas Aerospace; Los Angeles, CA
(controlling entity TriMas
Corporation; Bloomfield Hills, MI)
• United Parcel Service of America,
Inc.; Atlanta, GA
• Universal Protection Services; Santa
Ana, CA (controlling entity Universal
Services of America; Santa Ana, CA)
• Verify, Inc.; Irvine, CA
• Verizon Enterprise Solutions; Basking
Ridge, NJ (controlling entity Verizon
Communications, Inc., New York, NY)
• VogelHood; Washington, DC
• Xerox; Norwalk, CT
2. Delete the following companies as
Members of AIA’s Certificate:
• Aero Mechanical Industries, Inc.
• Align Aerospace, LLC
• Allfast Fastening Systems
• Alliant Techsystems, Inc.
• AlliedBarton Security Services, LLC
• AMT II Corporation
• ARINC Aerospace
• B/E Aerospace, Inc.
• BRS Aerospace
• CERTON Software, Inc.
• Chromalloy
• Colt Defense, LLC
• Deltek, Inc.
• DigitalGlobe, Inc.
• ENSCO, Inc.
• Erikson Air Crane Inc.
• ESI North America
• ESIS, Inc.
• Exelis, Inc.
• Galaxy Technologies
• General Atomics Aeronautical
Systems, Inc.
• Groen Brothers Aviation Global, Inc.
• Guardsmark LLC
• Hi Shear Technology Corporation
• HITCO Carbon Composites, Inc.
• Hydra Electric Company
• IEC Electronics Corporation
• Kemet Electronics Corporation
• NobleTek
• Ontic Engineering and Manufacturing,
Inc.
• Oracle USA, Inc.
• Pall Aeropower Corporation
• Parametric Technology Corporation
• Pinkerton Government Services, Inc.
• RAF Tabtronics LLC
• RTI International Metals, Inc.
• Sila Solutions Group
• Satair USA Inc.
• Science Applications International
Corporation
• Space Exploration Technologies
Corporation
• SRA International, Inc.
• TASC, Inc.
• Timken Aerospace Transmissions,
LLC
E:\FR\FM\12OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70389-70391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24656]
[[Page 70389]]
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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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and a 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
and the new shipper review is September 1, 2014, through August 31,
2015. The Department preliminarily determines that imports of
freshwater crawfish tail meat from the PRC are being sold in the United
States at prices below normal value. The Department also preliminarily
determines that the new shipper review respondent, Hubei Qianjiang
Huashan Aquatic Food and Product Co., Ltd. (Hubei Qianjiang), has not
made sales of freshwater crawfish tail meat at prices below normal
value. We invite interested parties to comment on these preliminary
results.
DATES: Effective October 12, 2016.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla at (202) 482-3477
(China Kingdom (Beijing) Import & Export Co., Ltd.), Catherine Cartsos
(202) 482-1757 (Xuzhou Jinjiang Foodstuffs Co., Ltd.), or Michael
Romani (202) 482-0198 (Hubei Qianjiang), AD/CVD Operations, Office I,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
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 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). While the HTSUS numbers are
provided for convenience and customs purposes, the written description
is dispositive. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, entitled, ``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,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Review in Part
We rescinded the review in part with respect to Deyan Aquatic
Products and Food Co., Ltd (Deyan), Hubei Yuesheng Aquatic Products
Co., Ltd., Nanjing Gemsen International Co., Ltd., Weishan Hongda
Aquatic Food Co., Ltd., Xiping Opeck Food Co., Ltd., and Yancheng Hi-
King Agriculture Developing Co., Ltd.\2\
---------------------------------------------------------------------------
\2\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Rescission of Antidumping Duty Administrative Review in
Part; 2014-2015, 81 FR 15507 (March 23, 2016).
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\3\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the entity is not under review and the entity's rate is
not subject to change (i.e., 223.01 percent).\4\
---------------------------------------------------------------------------
\3\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\4\ See Freshwater Crawfish Tail Meat from the People's Republic
of China; Notice of Final Results of Antidumping Duty Administrative
Review, 68 FR 19504 (April 21, 2003).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we intend to verify the
information provided by Hubei Qianjiang in the new shipper review of
freshwater crawfish tail meat from the PRC using standard verification
procedures, including on-site inspection of the producer's and
exporter's facilities, and examination of relevant sales and financial
records. Our verification results will be outlined in the verification
report for Hubei Qianjiang after completion of the verification.
Methodology
The Department is conducting these reviews in accordance with
section 751(a)(1)(B), and (a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214. 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 the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov, and to all
parties in the Department's Central Records Unit, Room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical.
Preliminary Results of Administrative Review
The Department determines that the following preliminary dumping
margins exist for the administrative review covering the period
September 1, 2014, through August 31, 2015:
------------------------------------------------------------------------
Weighted-
average
Producer/Exporter margin
(percent)
------------------------------------------------------------------------
China Kingdom (Beijing) Import & Export Co., Ltd........... 13.90
Xuzhou Jinjiang Foodstuffs Co., Ltd........................ 12.21
------------------------------------------------------------------------
Preliminary Results of New Shipper Review
As a result of the new shipper review, the Department preliminarily
determines that a dumping margin of 0.00 percent exists for merchandise
produced and exported by Hubei Qianjiang, covering the period September
1, 2014, through August 31, 2015.\5\
---------------------------------------------------------------------------
\5\ The Department reached this conclusion based on the totality
of the circumstances surrounding the reported sale. See Preliminary
Decision Memorandum, Bona Fides Analysis section at 3.
---------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public
[[Page 70390]]
announcement of the preliminary results.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
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.\8\
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\7\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(c)(2).
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Interested parties who wish to request a hearing, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance. All documents must be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the
date of publication of this notice.\9\ 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 the respective case
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, 1401 Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\10\ Parties should
confirm, by telephone or email, the date, time, and location of the
hearing.
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\9\ See 19 CFR 351.310(c).
\10\ Id.
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Unless the deadline is extended 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).
Assessment Rates
Upon issuing the final results, the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by these reviews.\11\ 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 each importer's examined sales and, where possible, the
total entered value of sales.\12\
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\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
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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.\13\ Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\14\
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\13\ 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).
\14\ See 19 CFR 351.106(c)(2).
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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. We intend to issue assessment instructions to CBP 15 days after
the date of publication of the final results of these reviews.
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) In the administrative review, for
the companies listed above that have a separate rate, 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 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 Hubei Qianjiang, the new shipper respondent, 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 Qianjiang, the cash deposit rate will be
the rate established for Hubei Qianjiang in the final results of the
new shipper review; (2) for subject merchandise exported by Hubei
Qianjiang, but not produced by Hubei Qianjiang, the cash deposit rate
will be the rate for the PRC-wide entity; and (3) for subject
merchandise produced by Hubei Qianjiang but not exported by Hubei
Qianjiang, 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.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a sanctionable
violation. 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, 351.214 and
351.221(b)(4).
[[Page 70391]]
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Verification
6. Discussion of Methodology
Non-Market-Economy Country Status
Surrogate Country
Separate Rates
Absence of De Jure Control
Absence of De Facto Control
Fair Value Comparisons
U.S. Price
Date of Sale
Normal Value
Surrogate Values
7. Currency Conversion
8. Recommendation
[FR Doc. 2016-24656 Filed 10-11-16; 8:45 am]
BILLING CODE 3510-DS-P
