Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of New Shipper Review; 2015-2016, 47469-47471 [2017-22071]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of the
Department’s regulations requires that a
request by exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On September 6, 2017, pursuant to 19
CFR 351.210(e), Palmyra do Brasil
requested that the Department postpone
the final determination and that
provisional measures be extended to a
period not to exceed six months.13 In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist, the
Department is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, the Department
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination.
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22:35 Oct 11, 2017
Jkt 244001
Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of this investigation.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
SUPPLEMENTARY INFORMATION:
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Name Change for Dow Corning Silicio do
´
´
Brasil Industria e Comercio Ltda.
IV. Period of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Facts Available
A. Application of Facts Available
B. Use of Adverse Inference for LIASA
C. Preliminary Estimated WeightedAverage Dumping Margin Based on AFA
D. Corroboration of Secondary Information
VII. Conclusion
BILLING CODE 3510–DS–P
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
VerDate Sep<11>2014
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Department) published the preliminary
results of the administrative review and
intent to rescind the 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 aligned new
shipper review is September 1, 2015,
through August 31, 2016. Based on our
analysis of the comments received, the
Department has made changes to the
margin calculations for the final results
of the administrative review. The
Department continues to find that
Jingzhou Tianhe Aquatic Products,
Ltd.’s (Jingzhou Tianhe) single sale
made to the United States during the
POR was not bona fide and, therefore,
is rescinding the new shipper review
with respect to Jingzhou Tianhe.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen 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) 482–3683 or (202) 482–1690,
respectively.
Background
On June 7, 2017, the Department
published the preliminary results of the
administrative review and intent to
rescind the new shipper review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (the PRC) 1 and
invited interested parties to comment.
On July 14, 2017, Hubei Nature
Agriculture Industry Co., Ltd. (Hubei
Nature) timely submitted its case brief
in the administrative review and, on
July 19, 2017, the Crawfish Processors
Alliance 2 (the petitioners) timely
[FR Doc. 2017–22066 Filed 10–11–17; 8:45 am]
International Trade Commission
Notification
13 See Letter from Palmyra do Brasil, ‘‘Silicon
Metal from Brazil/Exporter’s Request for
Postponement of Final Antidumping
Determination’’ dated September 6, 2017.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
47469
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 Rescission
of New Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 7, 2017, the
Department of Commerce (the
AGENCY:
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Fmt 4703
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1 See 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, 82 FR
26435 (June 7, 2017), and accompanying Decision
Memorandum (Preliminary Decision Memorandum)
(collectively, Preliminary Results).
2 The Crawfish Processors Alliance consists of the
following firms: A&S Crawfish; Acadiana
Fishermen’s Cooperative; Arnaudville Seafood
Plant; Atchafalaya Crawfish Processors; Atchafalaya
Crawfish Processing, L.L.C.; Bayou Land Seafood,
LLC; Bieber Farms Crawfish, Inc.; Blanchard’s
Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
Enterprise, Inc. d/b/a C.J.’s; Cajun Central, Inc.;
Cajun Seafood Distributor, Inc.; Catahoula Crawfish,
Inc.; Choplin Seafood; Clearwater Crawfish;
Crawfish Enterprises, Inc.; Dugas Seafood aka Carl’s
Seafood; Toups Crawfish, L.L.C.; Harvestime
Seafood; Harvey’s Seafood; Louisiana Seafood Co.;
Louisiana Premium Seafood; L.T. West, Inc.;
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
submitted its rebuttal brief. No party
submitted comments concerning the
Department’s preliminary intent to
rescind the new shipper review of
Jingzhou Tianhe.
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). 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.3
Rescission of New Shipper Review
As discussed in the Preliminary
Decision Memorandum, we
preliminarily found that the sale made
by Jingzhou Tianhe was not bona fide.4
We received no comments concerning
this finding. Because the non-bona fide
sale at issue was the only sale of subject
merchandise that Jingzhou Tianhe made
to the United States during the POR, we
are rescinding the new shipper review
of this company.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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. A list of the
issues raised is attached as an Appendix
to this notice. The Issues and Decision
Memorandum is a public document and
is made available to the public via
Phillips Seafood, L.L.C.; Prairie Cajun Wholesale
Distributors; Randol, Inc. aka Randol’s Seafood and
Restaurant; Riceland Crawfish, Inc. aka Beaucoup
Crawfish; Seafood International, Inc.; Sylvester’s
Crawfish; and Teche Valley Seafood.
3 See Memorandum, ‘‘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; 2015–2016,’’ dated
concurrently with, and hereby adopted by this
notice (Issues and Decision Memorandum).
4 See Preliminary Decision Memorandum at 4 and
5; 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 June 1, 2017.
VerDate Sep<11>2014
22:35 Oct 11, 2017
Jkt 244001
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/. A list of the
topics discussed in the Issues and
Decision Memorandum is attached as an
Appendix to this notice.
Changes Since the Preliminary Results
Based on comments received from
interested parties and further review of
the record, the Department revised its
calculation of the surrogate value for
non-refrigerated inland freight
expenses.5 This revision changed the
weighted-average dumping margin
results for Hubei Nature and, therefore,
the rate applied to the non-selected,
separate rate company, Xiping Opeck
Food Co., Ltd. (Xiping Opeck).
Separate Rate for a Non-Selected
Company
Xiping Opeck 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.
As in the Preliminary Results, the
Department has calculated a rate for the
mandatory respondent Yancheng HiKing Agriculture Developing Co., Ltd.
(Yancheng Hi-King) that is zero and a
rate for the mandatory respondent
Hubei Nature that is not zero, de
minimis, or based entirely on facts
available. Therefore, in accordance with
section 735(c)(5)(A) of the Act and its
prior practice, the Department has
assigned Hubei Nature’s calculated rate
(i.e., 3.81 percent) as the separate rate
for the non-examined separate rate
exporter, Xiping Opeck, for these final
results.6
PRC-Wide Entity
As stated in the Preliminary Results,
because no party requested a review of
the PRC-wide entity in this review, the
entity is not under review and the
5 See Issues and Decision Memorandum at
Comment 1.
6 For more details on our methodology in
selecting a rate for a non-examined separate rate
exporter, see the ‘‘Separate Rates’’ section of the
Issues and Decision Memorandum.
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Fmt 4703
Sfmt 4703
entity’s rate is not subject to change (i.e.,
223.01 percent).7
Final Results of the Administrative
Review
For the final results of the
administrative review, we determine
that the following percentage weightedaverage dumping margins exist for the
period September 1, 2015, through
August 31, 2016:
Producer/exporter
Hubei Nature Agriculture Industry Co., Ltd ..................
Xiping Opeck Food Co., Ltd
Yancheng Hi-King Agriculture Developing Co.,
Ltd .....................................
Weightedaverage
margin
(percent)
3.81
3.81
0.00
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 the administrative 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 these final results
of review.
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
7 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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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
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,
the cash deposit rate will be the rate
established in the final results of the
administrative review for each exporter
as listed above, except if the rate is zero
or de minimis, then 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.
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).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 violation subject to sanction.
We are issuing and publishing these
final results of administrative and new
VerDate Sep<11>2014
22:35 Oct 11, 2017
Jkt 244001
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: October 5, 2017.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
Comment 1: Calculation of Surrogate Value
for Non-Refrigerated Inland Freight
Expenses
Comment 2: Selection of Financial
Information to Value Factory Overhead,
Selling, General & Administrative
Expenses, and Profit
VII. Recommendation
[FR Doc. 2017–22071 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–810]
Silicon Metal From Australia:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that silicon metal from
Australia is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is January 1, 2016,
through December 31, 2016.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Denisa Ursu, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–2285,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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47471
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 4, 2017.1 On August 1, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now October 4, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II 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 https://
access.trade.gov, and 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 Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Australia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. After evaluating
these comments, the Department
1 See Silicon Metal from Australia, Brazil, and
Norway: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 16352 (April 4, 2017)
(Initiation Notice).
2 See Silicon Metal from Australia, Brazil, and
Norway: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 82 FR 35753 (August 1, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Silicon Metal from
Australia’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47469-47471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22071]
-----------------------------------------------------------------------
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
Rescission of New Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 7, 2017, the Department of Commerce (the Department)
published the preliminary results of the administrative review and
intent to rescind the 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
aligned new shipper review is September 1, 2015, through August 31,
2016. Based on our analysis of the comments received, the Department
has made changes to the margin calculations for the final results of
the administrative review. The Department continues to find that
Jingzhou Tianhe Aquatic Products, Ltd.'s (Jingzhou Tianhe) single sale
made to the United States during the POR was not bona fide and,
therefore, is rescinding the new shipper review with respect to
Jingzhou Tianhe.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2017, the Department published the preliminary results
of the administrative review and intent to rescind the new shipper
review of the antidumping duty order on freshwater crawfish tail meat
from the People's Republic of China (the PRC) \1\ and invited
interested parties to comment. On July 14, 2017, Hubei Nature
Agriculture Industry Co., Ltd. (Hubei Nature) timely submitted its case
brief in the administrative review and, on July 19, 2017, the Crawfish
Processors Alliance \2\ (the petitioners) timely
[[Page 47470]]
submitted its rebuttal brief. No party submitted comments concerning
the Department's preliminary intent to rescind the new shipper review
of Jingzhou Tianhe.
---------------------------------------------------------------------------
\1\ See 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, 82 FR 26435 (June 7, 2017),
and accompanying Decision Memorandum (Preliminary Decision
Memorandum) (collectively, Preliminary Results).
\2\ The Crawfish Processors Alliance consists of the following
firms: A&S Crawfish; Acadiana Fishermen's Cooperative; Arnaudville
Seafood Plant; Atchafalaya Crawfish Processors; Atchafalaya Crawfish
Processing, L.L.C.; Bayou Land Seafood, LLC; Bieber Farms Crawfish,
Inc.; Blanchard's Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
Enterprise, Inc. d/b/a C.J.'s; Cajun Central, Inc.; Cajun Seafood
Distributor, Inc.; Catahoula Crawfish, Inc.; Choplin Seafood;
Clearwater Crawfish; Crawfish Enterprises, Inc.; Dugas Seafood aka
Carl's Seafood; Toups Crawfish, L.L.C.; Harvestime Seafood; Harvey's
Seafood; Louisiana Seafood Co.; Louisiana Premium Seafood; L.T.
West, Inc.; Phillips Seafood, L.L.C.; Prairie Cajun Wholesale
Distributors; Randol, Inc. aka Randol's Seafood and Restaurant;
Riceland Crawfish, Inc. aka Beaucoup Crawfish; Seafood
International, Inc.; Sylvester's Crawfish; and Teche Valley Seafood.
---------------------------------------------------------------------------
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). 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.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``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; 2015-2016,'' dated concurrently with, and hereby
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Rescission of New Shipper Review
As discussed in the Preliminary Decision Memorandum, we
preliminarily found that the sale made by Jingzhou Tianhe was not bona
fide.\4\ We received no comments concerning this finding. Because the
non-bona fide sale at issue was the only sale of subject merchandise
that Jingzhou Tianhe made to the United States during the POR, we are
rescinding the new shipper review of this company.
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum at 4 and 5; 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 June 1, 2017.
---------------------------------------------------------------------------
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. A
list of the issues raised is attached as an Appendix to this notice.
The Issues and 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
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/. A list of the topics discussed in the
Issues and Decision Memorandum is attached as an Appendix to this
notice.
Changes Since the Preliminary Results
Based on comments received from interested parties and further
review of the record, the Department revised its calculation of the
surrogate value for non-refrigerated inland freight expenses.\5\ This
revision changed the weighted-average dumping margin results for Hubei
Nature and, therefore, the rate applied to the non-selected, separate
rate company, Xiping Opeck Food Co., Ltd. (Xiping Opeck).
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\5\ See Issues and Decision Memorandum at Comment 1.
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Separate Rate for a Non-Selected Company
Xiping Opeck 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. As in the
Preliminary Results, the Department has calculated a rate for the
mandatory respondent Yancheng Hi-King Agriculture Developing Co., Ltd.
(Yancheng Hi-King) that is zero and a rate for the mandatory respondent
Hubei Nature that is not zero, de minimis, or based entirely on facts
available. Therefore, in accordance with section 735(c)(5)(A) of the
Act and its prior practice, the Department has assigned Hubei Nature's
calculated rate (i.e., 3.81 percent) as the separate rate for the non-
examined separate rate exporter, Xiping Opeck, for these final
results.\6\
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\6\ For more details on our methodology in selecting a rate for
a non-examined separate rate exporter, see the ``Separate Rates''
section of the Issues and Decision Memorandum.
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PRC-Wide Entity
As stated in the Preliminary Results, 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).\7\
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\7\ 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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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, 2015, through August 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd.............. 3.81
Xiping Opeck Food Co., Ltd.............................. 3.81
Yancheng Hi-King Agriculture Developing Co., Ltd........ 0.00
------------------------------------------------------------------------
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 the administrative
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 these final results of review.
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
[[Page 47471]]
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, the cash deposit
rate will be the rate established in the final results of the
administrative review for each exporter as listed above, except if the
rate is zero or de minimis, then 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.
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 violation subject
to sanction.
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: October 5, 2017.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
Comment 1: Calculation of Surrogate Value for Non-Refrigerated
Inland Freight Expenses
Comment 2: Selection of Financial Information to Value Factory
Overhead, Selling, General & Administrative Expenses, and Profit
VII. Recommendation
[FR Doc. 2017-22071 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P
