Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015, 17634-17635 [2017-07363]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17634-17635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07363]



[[Page 17634]]

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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; 2014-2015

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

SUMMARY: On October 12, 2016, the Department of Commerce (the 
Department) published 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). Based on our analysis of the comments received, we have made 
changes to our margin calculations for the final results. As a result 
of these changes, the final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled ``Final Results 
of the Administrative Review and New Shipper Review.''

DATES: Effective April 12, 2017.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    These final results cover four producers/exporters of subject 
merchandise, China Kingdom (Beijing) Import & Export Co., Ltd. (China 
Kingdom), Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), Hubei 
Nature Agriculture Industry Co., Ltd (Hubei Nature), and Hubei 
Qianjiang Aquatic Food and Product Co., Ltd. (Hubei Qianjiang). The 
period of review (POR) for the aligned administrative review and the 
new shipper review is September 1, 2014, through August 31, 2015.\1\ On 
October 12, 2016, we published the preliminary results of these 
reviews.\2\ On October 17, 2016, we issued a post-preliminary analysis 
memorandum.\3\ We received a case brief from Xuzhou Jinjiang on 
December 16, 2016, and a rebuttal brief from the petitioners, the 
Crawfish Processors Alliance (CPA) on December 23, 2016.\4\
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    \1\ On February 2, 2016, 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 entitled, 
``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 2, 2016.
    \2\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review and New Shipper Review; 2014-2015, 81 FR 70389 (October 12, 
2016) (Preliminary Results), and accompanying Decision Memorandum 
(Preliminary Decision Memorandum).
    \3\ See Memorandum to James Maeder, Senior Director, AD/CVD 
Operations, Office I, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China--Post-Preliminary Analysis Memorandum,'' 
dated October 17, 2016.
    \4\ See case brief from Xuzhou Jinjiang Foodstuffs Co. (Xuzhou 
Jinjiang), dated December 16, 2016, and rebuttal brief from the 
petitioners, the Crawfish Processors Alliance (CPA), dated December 
23, 2016.
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    On January 9, 2017, we issued a memorandum extending the time limit 
for the final results of these reviews to April 10, 2017.\5\
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    \5\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
extending the Final Results, dated January 9, 2017.
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    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.\6\
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    \6\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Gary Taverman, 
Associate Deputy Assistant Secretary for 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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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. 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 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 is available to all 
parties in the Central Records Unit, Room B8024 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/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made two revisions 
that changed the results for all respondents.\7\
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    \7\ See Issues and Decision Memorandum at Comments 1 and 2.
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Final Results of the Administrative Review

    For the final results of the administrative review, we determine 
that the following percentage weighted-average dumping margins exist 
for the period September 1, 2014, through August 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                      Producer/exporter                         average
                                                              margin (%)
------------------------------------------------------------------------
China Kingdom (Beijing) Import & Export Co., Ltd............        0.00
Xuzhou Jinjiang Foodstuffs Co., Ltd.........................        0.00
Hubei Nature Agriculture Industry Co., Ltd..................        0.00
------------------------------------------------------------------------

Final Results of the New Shipper Review

    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 Qianjiang Aquatic Food and Product Co., 
Ltd., covering the period September 1, 2014, through August 31, 2015.

Separate Rate for a Non-Selected Company

    Hubei Nature is the only exporter of crawfish tail meat from the 
PRC that demonstrated its eligibility for a separate rate which was not 
selected for individual examination in this review. The calculated 
rates of the respondents selected for individual examination have 
changed since the Preliminary Results and are now all zero. Neither the

[[Page 17635]]

Act, nor the Department's regulations address the establishment of the 
dumping margin applied to separate rate companies not selected for 
individual examination where the Department limits its individual 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. The Department's practice in administrative reviews 
involving limited selection based on exporters accounting for the 
largest volume of subject merchandise during the period of review has 
been to look to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in an 
antidumping investigation. Under section 735(c)(5)(A) of the Act, the 
Department avoids calculating an all-others rate using rates that are 
zero, de minimis, or based entirely on facts available in 
investigations. Section 735(c)(5)(B) of the Act provides that, where 
all dumping margins established for the mandatory respondents are zero, 
de minimis, or based entirely on facts available, the Department may 
use ``any reasonable method for assigning an all-others rate. In these 
final results of review, the dumping margins determined for the 
mandatory respondents are either zero, de minimis, or based entirely on 
AFA. Therefore, in accordance with section 735(c)(5)(B) of the Act, we 
have applied to the non-individually examined companies eligible for a 
separate rate a dumping margin equal to the simple average of the zero 
and AFA rates determined for the mandatory respondents.
    In light of the Federal Circuit's decision in Albemarle Corp. v. 
United States, 821 F.3d 1345 (Fed. Cir. 2016), we have concluded that 
in this review that a reasonable method for determining the rate for 
the non-selected company, Hubei Nature, is to apply the average of the 
zero margins calculated for the two mandatory respondents in the 
administrative review, China Kingdom and Xuzhou Jinjiang. For a 
detailed discussion, see Issues and Decision Memorandum.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by these reviews. In accordance with 19 CFR 351.212(b)(1), we 
have calculated importer-specific (or customer-specific) assessment 
rates for merchandise subject to these reviews.
    For these final results, we divided the total dumping margins 
(calculated as the difference between normal value and export price) 
for each of the respondents' importers or customers by the total number 
of kilograms the exporter sold to that importer or customer. We will 
direct CBP to assess the resulting per-kilogram dollar amount against 
each kilogram of merchandise in each of that importer's/customer's 
entries during the review period.
    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. 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 the companies listed above, 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 Hubei Qianjiang, 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 Qianjiang the cash deposit 
rate will be the rate established 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.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results in accordance with 19 CFR 351.224(b).

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.

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 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.
    We are issuing and publishing these final results of administrative 
and new shipper reviews in accordance with sections 751(a)(1), 
751(a)(2)(B)(iii), 751(a)(3), 777(i) of the Act and 19 CFR 351.213(h) 
and 351.214.

    Dated: April 6, 2017.
Ronald K. Lorentzen,
Acting 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. Separate Rates
E. Separate Rate for a Non-Selected Company
F. Discussion of the Issues
    1. Use of Financial Information To Value Factory Overhead, 
Selling, General & Administrative (SG&A) Expenses, and Profit
    2. Selection of Surrogate Value for Freight, and Brokerage and 
Handling Expenses
    3. Value Added Tax Reduction
G. Recommendation

[FR Doc. 2017-07363 Filed 4-11-17; 8:45 am]
 BILLING CODE 3510-DS-P