Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 18775-18776 [2018-09046]

Download as PDF 18775 Notices Federal Register Vol. 83, No. 83 Monday, April 30, 2018 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–25–2018] Foreign-Trade Zone (FTZ) 81— Portsmouth, New Hampshire; Notification of Proposed Production Activity; Textiles Coated International Inc. (Polytetrafluoroethylene Products); Manchester and Londonderry, New Hampshire; Correction The Federal Register notice (83 FR 17790, 4/24/18) describing the notification of proposed production activity submitted by the Textiles Coated International Inc., operator of Site 4 of FTZ 81, requesting authority to produce polytetrafluoroethylene products at its facilities in Manchester and Londonderry, New Hampshire, is corrected as follows: In the heading of the notice, third line, the correct docket number for the case should read ‘‘Docket B–25–2018.’’ Dated: April 24, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–09049 Filed 4–27–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–848] nshattuck on DSK9F9SC42PROD with NOTICES Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce DATES: Applicable April 30, 2018. SUMMARY: The Department of Commerce (Commerce) is initiating a new shipper review (NSR) of the antidumping duty AGENCY: VerDate Sep<11>2014 15:01 Apr 27, 2018 Jkt 244001 order on freshwater crawfish tail meat from the People’s Republic of China (China) with respect to Nanjing Yinxiangchen International Trade Co., Ltd. (Yinxiangchen). We have determined that this request meets the statutory and regulatory requirements for initiation. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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. SUPPLEMENTARY INFORMATION: Background Commerce published the antidumping duty Order on freshwater crawfish tail meat from China in the Federal Register on September 15, 1997.1 Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), Commerce received a timely and properly filed request for an NSR from Yinxiangchen during the six months following the anniversary month of the antidumping duty Order.2 In its request, Yinxiangchen certified that it is both a producer and exporter of the subject merchandise upon which the Order is based.3 Pursuant to section 751(a)(2)(B)) of the Act and 19 CFR 351.214(b)(2)(i), Yinxiangchen certified that it did not export subject merchandise to the United States during the period of investigation (POI).4 In addition, pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Yinxiangchen certified that, since the initiation of the investigation, it had never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Yinxiangchen also certified that its export activities were 1 See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat from the People’s Republic of China, 62 FR 48218 (September 15, 1997) (Order). 2 See Yinxiangchen’s Letter, ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Request for New Shipper Review,’’ dated March 26, 2018 (Yinxiangchen’s NSR Request). 3 See Yinxiangchen’s NSR Request at Exhibit 1. 4 See id. 5 See id. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 not controlled by the Government of China.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Yinxiangchen submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Period of Review Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise first entered. Further, 19 CFR 351.214(d)(1) states that Commerce will initiate an NSR in the calendar month immediately following the anniversary month or the semiannual anniversary month if the request for review is made during the six-month period ending with the end of the anniversary month or the semiannual anniversary month, whichever is applicable. In accordance with 19 CFR 351.214(g)(1)(i)(B), the period of review (POR) for an NSR initiated in the month immediately following the semi-annual anniversary month will be the sixmonth period immediately preceding the semi-annual anniversary month. Yinxiangchen requested an NSR within one year from the date its merchandise first entered. The request was filed in March 2018, the semi-annual anniversary month of the Order. Therefore, the POR for this NSR is September 1, 2017, through February 28, 2018. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), we find that the request from Yinxiangchen meets the threshold requirements for the initiation of an NSR for shipments of freshwater crawfish tail meat from China produced and exported during the POR by Yinxiangchen.8 6 Id. 7 See id. at Exhibit 2. the Memorandum, ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Nanjing Yinxiangchen International Trade Co., Ltd.,’’ dated concurrently with this notice. 8 See E:\FR\FM\30APN1.SGM 30APN1 nshattuck on DSK9F9SC42PROD with NOTICES 18776 Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Notices The Trade Facilitation and Trade Enforcement Act of 2015 9 amended section 751(a)(2)(B) of the Act, including provisions which apply to this NSR. Specifically, the TFTEA amended the Act so that, as of February 24, 2016, Commerce no longer instructs U.S. Customs and Border Protection (CBP) to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of an NSR. Unless extended, Commerce intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation and the final results of the review no later than 90 days after the date the preliminary results are issued.10 It is Commerce’s usual practice, in cases involving non-market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to Yinxiangchen which will include a section requesting information concerning the company’s eligibility for a separate rate. We will rescind the NSR of Yinxiangchen if we determine that the company has not demonstrated that it is eligible for a separate rate. Because Yinxiangchen certified that it produced and exported subject merchandise, the sale of which is the basis for its request for an NSR, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise produced and exported by Yinxiangchen. To assist in its analysis of the bona fide nature of Yinxiangchen’s sales, upon initiation of this NSR, Commerce will require Yinxiangchen to submit, on an ongoing basis, complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in the NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). 9 The Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644, Public Law 114–125 (February 24, 2016) (TFTEA). 10 See section 751(a)(2)(B)(iv) of the Act. VerDate Sep<11>2014 15:01 Apr 27, 2018 Jkt 244001 Dated: April 24, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–09046 Filed 4–27–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Rescission of Administrative Review in Part [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review, in Part; 2016– 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review, in part, on diamond sawblades and parts thereof (diamond sawblades) from the People’s Republic of China (China) for the period of review (POR) November 1, 2016, through October 31, 2017. DATES: Applicable April 30, 2018. FOR FURTHER INFORMATION CONTACT: Joshua Poole, 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) 482–1293. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2017, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on diamond sawblades from China for the POR November 1, 2016, through October 31, 2017.1 On January 11, 2018, in response to timely requests from the petitioner,2 Husqvarna (Hebei) Co., Ltd. (Husqvarna), and Danyang NYCL Tools Manufacturing Co., Ltd (Danyang NYCL), and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on diamond sawblades from China with respect to 45 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 50620 (November 1, 2017). 2 The petitioner in this review is Diamond Sawblades Manufacturers’ Coalition. PO 00000 Frm 00002 companies, including Bosun Tools Co., Ltd. (Bosun), Danyang NYCL, and Husqvarna.3 On March 7, 2018 and March 8, 2018, Husqvarna and the petitioner respectively timely withdrew their requests for an administrative review for Husqvarna.4 On March 22, 2018, Danyang NYCL and the petitioner timely withdrew their requests for an administrative review for Danyang NYCL.5 On April 16, 2018, the petitioner timely withdrew its request for administrative review for Bosun.6 Fmt 4703 Sfmt 4703 Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ Because the petitioner, Husqvarna, and Danyang NYCL withdrew their requests for review within the 90-day time limit, and because we received no other requests for review of Bosun, Danyang NYCL, and Husqvarna, we are rescinding the administrative review of the order, in part, with respect to Bosun, Danyang NYCL, and Husqvarna. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For Bosun, Danyang NYCL, and Husqvarna, for which the review is rescinded, antidumping duties shall be assessed at the rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329 (January 11, 2018). 4 See Letters of withdrawals of requests for review from Husqvarna and the petitioner dated March 7, 2018 and March 8, 2018, respectively. 5 See Letters of withdrawals of requests for review from Danyang NYCL and the petitioner dated March 22, 2018. 6 See Letter of withdrawal of request for review from the petitioner dated April 16, 2018. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Pages 18775-18776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09046]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review

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

DATES: Applicable April 30, 2018.
SUMMARY: The Department of Commerce (Commerce) is initiating a new 
shipper review (NSR) of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (China) with 
respect to Nanjing Yinxiangchen International Trade Co., Ltd. 
(Yinxiangchen). We have determined that this request meets the 
statutory and regulatory requirements for initiation.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the antidumping duty Order on freshwater 
crawfish tail meat from China in the Federal Register on September 15, 
1997.\1\ Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), Commerce received a timely and properly filed 
request for an NSR from Yinxiangchen during the six months following 
the anniversary month of the antidumping duty Order.\2\ In its request, 
Yinxiangchen certified that it is both a producer and exporter of the 
subject merchandise upon which the Order is based.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amendment to Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish 
Tail Meat from the People's Republic of China, 62 FR 48218 
(September 15, 1997) (Order).
    \2\ See Yinxiangchen's Letter, ``Freshwater Crawfish Tail Meat 
from the People's Republic of China: Request for New Shipper 
Review,'' dated March 26, 2018 (Yinxiangchen's NSR Request).
    \3\ See Yinxiangchen's NSR Request at Exhibit 1.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)) of the Act and 19 CFR 
351.214(b)(2)(i), Yinxiangchen certified that it did not export subject 
merchandise to the United States during the period of investigation 
(POI).\4\ In addition, pursuant to section 751(a)(2)(B) of the Act and 
19 CFR 351.214(b)(2)(iii)(A), Yinxiangchen certified that, since the 
initiation of the investigation, it had never been affiliated with any 
exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the POI.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Yinxiangchen also certified that its export 
activities were not controlled by the Government of China.\6\
---------------------------------------------------------------------------

    \4\ See id.
    \5\ See id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Yinxiangchen submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\7\
---------------------------------------------------------------------------

    \7\ See id. at Exhibit 2.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise 
first entered. Further, 19 CFR 351.214(d)(1) states that Commerce will 
initiate an NSR in the calendar month immediately following the 
anniversary month or the semiannual anniversary month if the request 
for review is made during the six-month period ending with the end of 
the anniversary month or the semi-annual anniversary month, whichever 
is applicable. In accordance with 19 CFR 351.214(g)(1)(i)(B), the 
period of review (POR) for an NSR initiated in the month immediately 
following the semi-annual anniversary month will be the six-month 
period immediately preceding the semi-annual anniversary month. 
Yinxiangchen requested an NSR within one year from the date its 
merchandise first entered. The request was filed in March 2018, the 
semi-annual anniversary month of the Order. Therefore, the POR for this 
NSR is September 1, 2017, through February 28, 2018.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
we find that the request from Yinxiangchen meets the threshold 
requirements for the initiation of an NSR for shipments of freshwater 
crawfish tail meat from China produced and exported during the POR by 
Yinxiangchen.\8\
---------------------------------------------------------------------------

    \8\ See the Memorandum, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China: Initiation Checklist for Antidumping 
Duty New Shipper Review of Nanjing Yinxiangchen International Trade 
Co., Ltd.,'' dated concurrently with this notice.

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[[Page 18776]]

    The Trade Facilitation and Trade Enforcement Act of 2015 \9\ 
amended section 751(a)(2)(B) of the Act, including provisions which 
apply to this NSR. Specifically, the TFTEA amended the Act so that, as 
of February 24, 2016, Commerce no longer instructs U.S. Customs and 
Border Protection (CBP) to allow an importer the option of posting a 
bond or security in lieu of a cash deposit during the pendency of an 
NSR.
---------------------------------------------------------------------------

    \9\ The Trade Facilitation and Trade Enforcement Act of 2015, 
H.R. 644, Public Law 114-125 (February 24, 2016) (TFTEA).
---------------------------------------------------------------------------

    Unless extended, Commerce intends to issue the preliminary results 
of this NSR no later than 180 days from the date of initiation and the 
final results of the review no later than 90 days after the date the 
preliminary results are issued.\10\
---------------------------------------------------------------------------

    \10\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is Commerce's usual practice, in cases involving non-market 
economy countries, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to Yinxiangchen which will include a section 
requesting information concerning the company's eligibility for a 
separate rate. We will rescind the NSR of Yinxiangchen if we determine 
that the company has not demonstrated that it is eligible for a 
separate rate.
    Because Yinxiangchen certified that it produced and exported 
subject merchandise, the sale of which is the basis for its request for 
an NSR, we will instruct CBP to continue to suspend liquidation of all 
entries of subject merchandise produced and exported by Yinxiangchen.
    To assist in its analysis of the bona fide nature of Yinxiangchen's 
sales, upon initiation of this NSR, Commerce will require Yinxiangchen 
to submit, on an ongoing basis, complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
the NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: April 24, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, performing the duties of Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-09046 Filed 4-27-18; 8:45 am]
 BILLING CODE 3510-DS-P