Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Rescission of Review in Part, and Preliminary Intent To Rescind New Shipper Review; 2015-2016, 26435-26438 [2017-11824]

Download as PDF Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–31–2017] sradovich on DSK3GMQ082PROD with NOTICES Foreign-Trade Zone 19—Omaha, Nebraska, Application for Reorganization Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Greater Omaha Chamber of Commerce, grantee of FTZ 19, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 15, 2017. FTZ 19 was approved by the FTZ Board on January 27, 1983 (Board Order 204, 48 FR 5772, February 8, 1983). The current zone includes the following sites: Site 1 (17 acres)—Cargo Zone, LLC, 6200 North 16th Street, Omaha; and, Site 2 (38 acres)—Riverfront Industrial Park, Abbott Drive and Crown Point Avenue, Omaha. The grantee’s proposed service area under the ASF would be Burt, Cass, Dodge, Douglas, Sarpy, Saunders and Washington Counties, Nebraska, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Omaha, Nebraska U.S. Customs and Border Protection port of entry. The applicant is requesting authority to reorganize its existing zone to include both sites as ‘‘magnet’’ sites. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. No subzones/usage-driven sites are being requested at this time. The application would have no impact on FTZ 19’s previously authorized subzone. In accordance with the FTZ Board’s regulations, Christopher Kemp of the VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is August 7, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 21, 2017. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: June 2, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–11834 Filed 6–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–25–2017] Foreign-Trade Zone (FTZ) 39—DallasFort Worth, Texas, Notification of Proposed Production Activity, Valeo North America, Inc., d/b/a Valeo Compressor North America, (Motor Vehicle Air-Conditioner Compressors), Dallas, Texas Valeo North America, Inc. d/b/a Valeo Compressor North America (Valeo), submitted a notification of proposed production activity to the FTZ Board for its facility in Dallas, Texas, within FTZ 39-Site 1. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on April 12, 2017. Valeo already has authority to produce air-conditioner compressor assemblies for motor vehicles. The current request would add certain foreign-status components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreign status components described in the submitted notification (as described PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 26435 below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Valeo from customs duty payments on the foreign status components used in export production. On its domestic sales, Valeo would be able to choose the duty rates during customs entry procedures that apply to air-conditioner compressor assemblies and electromagnetic compressor/clutch assemblies in the company’s existing scope of authority (duty rate ranges from free to 3.1%). Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The components sourced from abroad include: Stainless steel bolts; stainless steel screws (less than and more than 6mm in diameters); and, electromagnetic shims and rings (duty rate ranges from free to 8.5%). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is July 17, 2017. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov or (202) 482–1963. Dated: June 2, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–11836 Filed 6–6–17; 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: Preliminary Results of Antidumping Duty Administrative Review, Rescission of Review in Part, and Preliminary Intent To Rescind New Shipper Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review and a new AGENCY: E:\FR\FM\07JNN1.SGM 07JNN1 26436 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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 aligned new shipper review is September 1, 2015, through August 31, 2016. The administrative review covers two mandatory respondent exporters of the subject merchandise, Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature) and Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng Hi-King). The new shipper review covers Jingzhou Tianhe Aquatic Products, Ltd. (Jingzhou Tianhe). The Department preliminarily determines that sales of subject merchandise by Hubei Nature have been made at prices below normal value, and sales of subject merchandise by Yancheng Hi-King have not been made at prices below normal value. The Department also preliminarily determines that Jingzhou Tianhe’s single sale made to the United States during the POR was not bona fide. The Department preliminarily intends to rescind the new shipper review with respect to Jingzhou Tianhe. DATES: Effective June 7, 2017. FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482–3683 (Hubei Nature), Joseph Shuler (202) 482–1293 (Yancheng Hi-King), or Dmitry Vladimirov (202) 482–0665 (Jingzhou Tianhe), 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, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China; 2015–2016,’’ dated concurrently VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 Rescission of Administrative Review in Part Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Parties withdrew their review requests for eight of the eleven companies for which a review was requested. These withdrawals of review requests were submitted within the deadline set forth under 19 CFR 351.213(d)(1) and no other parties requested a review of these companies. Accordingly, the Department is rescinding this review, in part, with respect to China Kingdom (Beijing) Import & Export Co., Ltd., Deyan Aquatic Products and Food Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product Co., Ltd., Hubei Yuesheng Aquatic Products Co., Ltd., Nanjing Gemsen International Co., Ltd., Shanghai Ocean Flavor International Trading Co., Ltd., Weishan Hongda Aquatic Food Co., Ltd., and Xuzhou Jinjiang Foodstuffs Co., Ltd., in accordance with 19 CFR 351.213(d)(1).2 Bona Fides Analysis As discussed in the Preliminary Decision Memorandum, we preliminarily find that the sale made by Jingzhou Tianhe is not bona fide.3 We reached this conclusion based on the following totality of circumstances: The quantity and price of the U.S. sale are not reflective of the normal commercial reality; the suspect timing of the U.S. sale; the severe tardiness in the receipt of payment; and certain atypical business practices which are additional factors that are at odds with the normal business considerations of a bona fide sale.4 Because the non-bona fide sale at issue here was the only sale of subject merchandise that Jingzhou Tianhe made to the United States during the POR, we are preliminarily rescinding the new shipper review of this company. Separate Rate for Eligible Non-Selected Respondents The Department preliminarily determines that the respondent not with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 2 For more details, see the Preliminary Decision Memorandum. 3 See Preliminary Decision Memorandum; see also Memorandum, ‘‘New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China—Bona Fides Analysis of Jingzhou Tianhe Aquatic Products Co., Ltd.’s Sale,’’ dated concurrently with this memorandum. 4 Id. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 selected for individual examination, Xiping Opeck Food Co., Ltd. (Xiping Opeck), is eligible to receive separate rate in this review.5 Consistent with our practice, we assigned to Xiping Opeck the weighted-average margin calculated for Hubei Nature as the separate rate for the preliminary results of this review.6 PRC-Wide Entity The Department’s policy regarding conditional review of the PRC-wide entity applies to this administrative review.7 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).8 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 http:// enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary 5 See Preliminary Decision Memorandum at 9–10 for more details. 6 Id. 7 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). 8 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). E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of Administrative Review The Department determines that the following preliminary dumping margins exist for the administrative review covering the period September 1, 2015, through August 31, 2016: Producer/exporter Weightedaverage margin (percent) Assessment Rates Hubei Nature Agriculture Industry Co., Ltd .................. Xiping Opeck Food Co., Ltd Yancheng Hi-King Agriculture Developing Co., Ltd 9 ................................... 5.10 5.10 0.00 Disclosure We intend to disclose calculations performed in these preliminary results to parties within five days after public announcement of the preliminary results.10 Public Comment sradovich on DSK3GMQ082PROD with NOTICES Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. 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.11 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.12 Pursuant to 19 CFR 351.310 (c) interested parties who wish to request a hearing, or participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS which is available to registered users at http:// access.trade.gov. 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.13 Requests should contain: (1) The party’s 9 This rate preliminarily applies to Yancheng HiKing Agriculture Developing Co., Ltd. and Yancheng Seastar Seafood Co., Ltd. See the ‘‘Separates Rates’’ section of the Preliminary Decision Memorandum for more details. 10 See 19 CFR 351.224(b). 11 See 19 CFR 351.309(d). 12 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). 13 See 19 CFR 351.310(c). VerDate Sep<11>2014 20:15 Jun 06, 2017 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. 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). Jkt 241001 Upon issuing the final results, the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by these reviews.14 If a respondent’s weightedaverage 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. If the Department proceeds with a final rescission of the new shipper review with respect to Jingzhou Tianhe, its entry will be assessed at the rate entered.15 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.16 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.17 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. 14 See 19 CFR 351.212(b)(1). 19 CFR 351.212(c)(2). 16 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). 17 See 19 CFR 351.106(c)(2). 15 See PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 26437 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) 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 (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. 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), E:\FR\FM\07JNN1.SGM 07JNN1 26438 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices 751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 351.214 and 351.221(b)(4). Dated: June 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rescission of Administrative Review in Part V. Bona Fides Analysis VI. Discussion of Methodology A. Non-Market-Economy Country Status B. Surrogate Country C. Separate Rates 1. Absence of De Jure Control 2. Absence of De Facto Control 3. Separate Rate for Eligible Non-Selected Respondent D. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis E. U.S. Price F. Date of Sale G. Normal Value H. Surrogate Values VII. Currency Conversion VIII. Recommendation [FR Doc. 2017–11824 Filed 6–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–968] Aluminum Extrusions From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies have been provided to producers and exporters of aluminum extrusions from the People’s Republic of China (PRC). The period of review (POR) is January 1, 2015 through December 31, 2015. DATES: Effective June 7, 2017. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Tom Bellhouse, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1121 or (202) 482–0257, respectively. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this administrative review on July 7, 2016.1 On January 13, 2017, the Department initiated an administrative review of one additional company that had been inadvertently omitted from the Initiation Notice.2 Because the petitioner withdrew its request for review of certain companies, only 18 companies remain under review.3 On January 17, 2017, the Department selected tenKsolar (Shanghai) Aluminum Co., Ltd. (tenKsolar) and Changzhou Jinxi Machinery Co., Ltd. (Changzhou Jinxi) for individual examination.4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 http:// 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 Preliminary 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation Notice). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4294 & n.10, dated January 13, 2017 (Corrected Initiation Notice). 3 The following companies are under review: (1) Changzhou Jinxi, (2) tenKsolar, (3) Classic & Contemporary Inc., (4) Daya Hardware Co., LTD, (5) Dongguan Golden Tiger Hardware Industrial Co., Ltd., (6) ETLA Technology (Wuxi) Co., Ltd., (7) Global Hi-Tek Precision Limited, (8) Jiangsu Zhenhexiang New Material Technology Co., Ltd., (9) Johnson Precision Engineering (Suzhou) Co Ltd, (10) Kam Kiu Aluminium Products Sdn. Bhd., (11) Ningbo Haina Machine Co., Ltd., (12) Ningbo Innopower Tengda Machinery Co., Ltd., (13) Ningbo Yinzhou Sanhua Electric Machine Factory, (14) Precision Metal Works LTD., (15) Summit Heat Sinks Metal Co., Ltd., (16) Suzhou New Hongji Precision Part Co. Ltd., (17) Taishan City Kam Kiu Aluminium Extrusion Co., Ltd., and (18) Wuxi Huida Aluminum Co., Ltd. 4 See Memorandum, ‘‘2015 Administrative Review of the Countervailing Duty Order on Aluminum Extrusions from the People’s Republic of China,’’ dated January 17, 2017 (Respondent Selection Memorandum). 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Aluminum Extrusions from the People’s Republic of China and Rescission of Review, in Part; 2015,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the Order is aluminum extrusions which are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents).6 Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 6 See Preliminary Decision Memorandum for a complete description of the scope of the Order. E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26435-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11824]


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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, 
Rescission of Review in Part, and Preliminary Intent To Rescind New 
Shipper Review; 2015-2016

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

[[Page 26436]]

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 aligned new shipper 
review is September 1, 2015, through August 31, 2016. The 
administrative review covers two mandatory respondent exporters of the 
subject merchandise, Hubei Nature Agriculture Industry Co., Ltd. (Hubei 
Nature) and Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng 
Hi-King). The new shipper review covers Jingzhou Tianhe Aquatic 
Products, Ltd. (Jingzhou Tianhe). The Department preliminarily 
determines that sales of subject merchandise by Hubei Nature have been 
made at prices below normal value, and sales of subject merchandise by 
Yancheng Hi-King have not been made at prices below normal value. The 
Department also preliminarily determines that Jingzhou Tianhe's single 
sale made to the United States during the POR was not bona fide. The 
Department preliminarily intends to rescind the new shipper review with 
respect to Jingzhou Tianhe.

DATES: Effective June 7, 2017.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683 (Hubei 
Nature), Joseph Shuler (202) 482-1293 (Yancheng Hi-King), or Dmitry 
Vladimirov (202) 482-0665 (Jingzhou Tianhe), 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\
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    \1\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and New 
Shipper Review of Freshwater Crawfish Tail Meat from the People's 
Republic of China; 2015-2016,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Rescission of Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation.
    Parties withdrew their review requests for eight of the eleven 
companies for which a review was requested. These withdrawals of review 
requests were submitted within the deadline set forth under 19 CFR 
351.213(d)(1) and no other parties requested a review of these 
companies. Accordingly, the Department is rescinding this review, in 
part, with respect to China Kingdom (Beijing) Import & Export Co., 
Ltd., Deyan Aquatic Products and Food Co., Ltd., Hubei Qianjiang 
Huashan Aquatic Food and Product Co., Ltd., Hubei Yuesheng Aquatic 
Products Co., Ltd., Nanjing Gemsen International Co., Ltd., Shanghai 
Ocean Flavor International Trading Co., Ltd., Weishan Hongda Aquatic 
Food Co., Ltd., and Xuzhou Jinjiang Foodstuffs Co., Ltd., in accordance 
with 19 CFR 351.213(d)(1).\2\
---------------------------------------------------------------------------

    \2\ For more details, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Bona Fides Analysis

    As discussed in the Preliminary Decision Memorandum, we 
preliminarily find that the sale made by Jingzhou Tianhe is not bona 
fide.\3\ We reached this conclusion based on the following totality of 
circumstances: The quantity and price of the U.S. sale are not 
reflective of the normal commercial reality; the suspect timing of the 
U.S. sale; the severe tardiness in the receipt of payment; and certain 
atypical business practices which are additional factors that are at 
odds with the normal business considerations of a bona fide sale.\4\ 
Because the non-bona fide sale at issue here was the only sale of 
subject merchandise that Jingzhou Tianhe made to the United States 
during the POR, we are preliminarily rescinding the new shipper review 
of this company.
---------------------------------------------------------------------------

    \3\ See Preliminary Decision Memorandum; see also Memorandum, 
``New Shipper Review of Freshwater Crawfish Tail Meat from the 
People's Republic of China--Bona Fides Analysis of Jingzhou Tianhe 
Aquatic Products Co., Ltd.'s Sale,'' dated concurrently with this 
memorandum.
    \4\ Id.
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Separate Rate for Eligible Non-Selected Respondents

    The Department preliminarily determines that the respondent not 
selected for individual examination, Xiping Opeck Food Co., Ltd. 
(Xiping Opeck), is eligible to receive separate rate in this review.\5\ 
Consistent with our practice, we assigned to Xiping Opeck the weighted-
average margin calculated for Hubei Nature as the separate rate for the 
preliminary results of this review.\6\
---------------------------------------------------------------------------

    \5\ See Preliminary Decision Memorandum at 9-10 for more 
details.
    \6\ Id.
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PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\7\ 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).\8\
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    \7\ 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).
    \8\ 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).
---------------------------------------------------------------------------

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 http://enforcement.trade.gov/frn/. A list of the topics discussed in the 
Preliminary

[[Page 26437]]

Decision Memorandum is attached as an Appendix to this notice.

Preliminary Results of Administrative Review

    The Department determines that the following preliminary dumping 
margins exist for the administrative review covering the period 
September 1, 2015, through August 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd..............            5.10
Xiping Opeck Food Co., Ltd..............................            5.10
Yancheng Hi-King Agriculture Developing Co., Ltd \9\....            0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public announcement of the 
preliminary results.\10\
---------------------------------------------------------------------------

    \9\ This rate preliminarily applies to Yancheng Hi-King 
Agriculture Developing Co., Ltd. and Yancheng Seastar Seafood Co., 
Ltd. See the ``Separates Rates'' section of the Preliminary Decision 
Memorandum for more details.
    \10\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
cases briefs not later than 30 days after the date of publication of 
this notice. 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.\11\ 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.\12\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310 (c) interested parties who wish to 
request a hearing, or participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance. All documents must be filed electronically using ACCESS 
which is available to registered users at http://access.trade.gov. 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.\13\ 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.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by these reviews.\14\ 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. 
If the Department proceeds with a final rescission of the new shipper 
review with respect to Jingzhou Tianhe, its entry will be assessed at 
the rate entered.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.212(c)(2).
---------------------------------------------------------------------------

    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.\16\ 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.\17\
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    \16\ 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).
    \17\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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) 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. 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),

[[Page 26438]]

751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 351.214 and 
351.221(b)(4).

    Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in Part
V. Bona Fides Analysis
VI. Discussion of Methodology
    A. Non-Market-Economy Country Status
    B. Surrogate Country
    C. Separate Rates
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    3. Separate Rate for Eligible Non-Selected Respondent
    D. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    E. U.S. Price
    F. Date of Sale
    G. Normal Value
    H. Surrogate Values
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2017-11824 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-DS-P