Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2017-2018, 12585-12587 [2019-06314]
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices
wood components or trim such as metal,
marble, glass, plastic, or other resins,
whether or not surface finished or
unfinished, and whether or not completed.
Wooden cabinets and vanities are covered
by the investigation whether or not they are
imported attached to, or in conjunction with,
faucets, metal plumbing, sinks and/or sink
bowls, or countertops. If wooden cabinets or
vanities are imported attached to, or in
conjunction with, such merchandise, only
the wooden cabinet or vanity is covered by
the scope.
Subject merchandise includes the
following wooden component parts of
cabinets and vanities: (1) Wooden cabinet
and vanity frames (2) wooden cabinet and
vanity boxes (which typically include a top,
bottom, sides, back, base blockers, ends/end
panels, stretcher rails, toe kicks, and/or
shelves), (3) wooden cabinet or vanity doors,
(4) wooden cabinet or vanity drawers and
drawer components (which typically include
sides, backs, bottoms, and faces), (5) back
panels and end panels, (6) and desks,
shelves, and tables that are attached to or
incorporated in the subject merchandise.
Subject merchandise includes all
unassembled, assembled and/or ‘‘ready to
assemble’’ (RTA) wooden cabinets and
vanities, also commonly known as ‘‘flat
packs,’’ except to the extent such
merchandise is already covered by the scope
of antidumping and countervailing duty
orders on Hardwood Plywood from the
People’s Republic of China. See Certain
Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 83 FR
504 (January 4, 2018); Certain Hardwood
Plywood Products from the People’s Republic
of China: Countervailing Duty Order, 83 FR
513 (January 4, 2018). RTA wooden cabinets
and vanities are defined as cabinets or
vanities packaged so that at the time of
importation they may include: (1) Wooden
components required to assemble a cabinet or
vanity (including drawer faces and doors);
and (2) parts (e.g., screws, washers, dowels,
nails, handles, knobs, adhesive glues)
required to assemble a cabinet or vanity.
RTAs may enter the United States in one or
in multiple packages.
Subject merchandise also includes wooden
cabinets and vanities and in-scope
components that have been further processed
in a third country, including but not limited
to one or more of the following: Trimming,
cutting, notching, punching, drilling,
painting, staining, finishing, assembly, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope product.
Excluded from the scope of this
investigation, if entered separate from a
wooden cabinet or vanity are:
(1) Aftermarket accessory items which may
be added to or installed into an interior of a
cabinet and which are not considered a
structural or core component of a wooden
cabinet or vanity. Aftermarket accessory
items may be made of wood, metal, plastic,
composite material, or a combination thereof
that can be inserted into a cabinet and which
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are utilized in the function of organization/
accessibility on the interior of a cabinet; and
include:
• Inserts or dividers which are placed into
drawer boxes with the purpose of organizing
or dividing the internal portion of the drawer
into multiple areas for the purpose of
containing smaller items such as cutlery,
utensils, bathroom essentials, etc.
• Round or oblong inserts that rotate
internally in a cabinet for the purpose of
accessibility to foodstuffs, dishware, general
supplies, etc.
(2) Solid wooden accessories including
corbels and rosettes, which serve the primary
purpose of decoration and personalization.
(3) Non-wooden cabinet hardware
components including metal hinges,
brackets, catches, locks, drawer slides,
fasteners (nails, screws, tacks, staples),
handles, and knobs.
Also excluded from the scope of this
investigation are:
(1) All products covered by the scope of
the antidumping duty order on Wooden
Bedroom Furniture from the People’s
Republic of China. See Notice of Amended
Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order:
Wooden Bedroom Furniture from the
People’s Republic of China, 70 FR 329
(January 4, 2005).
(2) All products covered by the scope of
the antidumping and countervailing duty
orders on Hardwood Plywood from the
People’s Republic of China. See Certain
Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 83 FR
504 (January 4, 2018); Certain Hardwood
Plywood Products from the People’s Republic
of China: Countervailing Duty Order, 83 FR
513 (January 4, 2018).
Imports of subject merchandise are
classified under Harmonized Tariff Schedule
of the United States (HTSUS) statistical
numbers 9403.40.9060 and 9403.60.8081.
The subject component parts of wooden
cabinets and vanities may be entered into the
United States under HTSUS statistical
number 9403.90.7080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2019–06387 Filed 4–1–19; 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 New Shipper Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
AGENCY:
PO 00000
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12585
that Nanjing Yinxiangchen International
Trade Co., Ltd. (Nanjing Yinxiangchen)
did not make sales of subject
merchandise at prices below normal
value during the period of review (POR),
September 1, 2017, through February
28, 2018. We invite interested parties to
comment on the preliminary results.
DATES: Applicable April 2, 2019.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla (202) 482–3477, 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:
Background
Commerce is conducting a new
shipper review of the antidumping duty
order on freshwater crawfish tail meat
from the People’s Republic of China
(China). The new shipper review covers
Nanjing Yinxiangchen. Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.1 If the
new deadline falls on a non-business
day, in accordance with Commerce’s
practice, the deadline will become the
next business day. Accordingly, the
revised deadline for the final results of
this review is now March 26, 2019.
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,
Commerce added HTSUS classification
number 0306.29.01.00 to the scope
description pursuant to a request by
U.S. Customs and Border Protection
(CBP). On September 21, 2018,
Commerce added HTSUS classification
numbers 0306.39.0000 and
0306.99.0000 to the scope description
pursuant to a request by 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.2
1 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
2 See Memorandum, ‘‘Freshwater Crawfish Tail
Meat from the People’s Republic of China: Decision
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02APN1
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices
Separate Rate
Commerce preliminarily determines
that Nanjing Yinxiangchen is eligible to
receive a separate rate in this review.3
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.214.
Commerce calculated export price in
accordance with section 772(c) of the
Act. Because China is a non-market
economy within the meaning of section
771(18) of the Act, Commerce calculated
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of New Shipper
Review
As a result of the new shipper review,
Commerce preliminarily determines
that the following dumping margin
exists: 4
Weightedaverage
margin
(percent)
Exporter
Producer
Nanjing Yinxiangchen International Trade Co. Ltd .....................
Nanjing Yinxiangchen International Trade Co. Ltd ....................
Disclosure
We intend to disclose calculations
performed in these preliminary results
to parties within five days after public
announcement of the preliminary
results.5
Public Comment
amozie on DSK9F9SC42PROD with NOTICES
normal value 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 Commerce’s Central Records
Unit, Room B8024 of the main
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,
Commerce intends to issue the final
results of this new shipper review,
including the results of its analysis of
issues raised by parties in their
comments, within 90 days after the
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(i)(1).
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.6 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.7 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.8
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.9 Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
Upon issuing the final results of this
new shipper review, Commerce will
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.10 If the
respondent’s weighted-average dumping
margin is above de minimis (i.e., 0.50
percent) in the final results of this
review, we will calculate an importerspecific 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 in accordance
with 19 CFR 351.212(b)(1). Specifically,
Commerce will apply the assessment
rate calculation method adopted in
Final Modification for Reviews.11 Where
an importer- (or customer-) specific ad
Memorandum for the Preliminary Results of the
New Shipper Review; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 See Preliminary Decision Memorandum at 6–8,
for more details.
4 Commerce reached this conclusion based on the
totality of the circumstances surrounding the
reported sale for Nanjing Yinxiangchen. See
Preliminary Decision Memorandum at 2–3 Bona
Fides Analysis section.
5 See 19 CFR 351.224(b).
6 See 19 CFR 351.309(c).
7 See 19 CFR 351.309(d).
8 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
9 See 19 CFR 351.310(c).
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Assessment Rates
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0.00
valorem rate is zero or de minimis, we
will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.12
For entries that were not reported in
the U.S. sales database submitted by
Nanjing Yinxiangchen examined during
this review, Commerce will instruct
CBP to liquidate such entries at the
China-wide rate.
Cash Deposit Requirements
With regard to Nanjing Yinxiangchen,
the respondent in this new shipper
review, Commerce established a
combination cash deposit rate
consistent with its practice, as follows:
(1) For subject merchandise produced
and exported by Nanjing Yinxiangchen,
the cash deposit rate will be the rate
established in the final results of this
new shipper review; (2) for subject
merchandise exported by Nanjing
Yinxiangchen but not produced by
Nanjing Yinxiangchen the cash deposit
rate will be the rate for the China-wide
entity; and (3) for subject merchandise
produced by Nanjing Yinxiangchen but
not exported by Nanjing Yinxiangchen
the cash deposit rate will be the rate
applicable to the exporter. These
deposit requirements shall remain in
effect until further notice.
10 See
19 CFR 351.212(b)(1).
Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012) (Final Modification for
Reviews).
12 See 19 CFR 351.106(c)(2).
11 See
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
International Trade Administration
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.
Commerce is issuing and publishing
the preliminary results of this new
shipper review in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214 and
351.221(b)(4).
Dated: March 27, 2019.
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.
amozie on DSK9F9SC42PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Discussion of the Methodology
A. Non-Market-Economy Country Status
B. Surrogate Country
C. Separate Rate
1. Absence of De Jure Control
2. Absence of De Facto Control
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
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019–06314 Filed 4–1–19; 8:45 am]
BILLING CODE 3510–DS–P
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[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Amanda Brings at (202) 482–3927 or
Rachel Greenberg at (202) 482–0652,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On March 6, 2019, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
Petition concerning imports of wooden
cabinets and vanities and components
thereof (wooden cabinets and vanities)
from the People’s Republic of China
(China), filed in proper form on behalf
of the American Kitchen Cabinet
Alliance (the petitioner).1 The AD
Petition was accompanied by a
countervailing duty (CVD) Petition
concerning imports of wooden cabinets
and vanities from China.
Between March 11 and 20, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.2 The petitioner filed
responses to these requests between
March 12 and 22, 2019.3
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Wooden Cabinets and Vanities from the
People’s Republic of China,’’ dated March 6, 2019
(the Petition); see also Memorandum, ‘‘Phone Call
with Counsel to the Petitioner,’’ dated March 26,
2019.
2 See Commerce’s Letters, ‘‘Re: Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Wooden Cabinets and Vanities
from the People’s Republic of China: Supplemental
Questions,’’ dated March 11, 2019 (General Issues
Supplemental Questionnaire) and ‘‘Re: Petitions for
the Imposition of Antidumping and Countervailing
Duties on Imports of Wooden Cabinets and Vanities
from the People’s Republic of China: Supplemental
Questions,’’ dated March 11, 2019 (AD
Supplemental Questionnaire). See also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated March 18, 2019 (March 18, 2019
Memorandum) and Memorandum, ‘‘Phone Call
with U.S. Customs and Border Protection Officials
and Counsel to the Petitioner,’’ dated March 20,
2019 (March 20, 2019 Memorandum).
3 See Petitioner’s Letter, ‘‘Wooden Cabinets and
Vanities from the People’s Republic of China:
PO 00000
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12587
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of wooden cabinets and vanities from
China are being, or are likely to be, sold
in the United States at less-than-fair
value (LTFV) within the meaning of
section 731 of the Act, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing wooden
cabinets and vanities in the United
States. Consistent with section 732(b)(1)
of the Act, the Petition is accompanied
by information reasonably available to
the petitioner supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested AD investigation.4
Period of Investigation
Because the Petition was filed on
March 6, 2019, the period of
investigation (POI) is July 1, 2018,
through December 31, 2018.
Scope of the Investigation
The merchandise covered by this
investigation consists of wooden
cabinets and vanities from China. For a
full description of the scope of this
investigation, see the Appendix to this
notice.
Comments on Scope of the Investigation
During our review of the Petition, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
Petitioner’s Responses to Supplemental Questions
Regarding Petition Volume I Injury,’’ dated March
12, 2019 (General Issues Supplement); Petitioner’s
Letter, ‘‘Wooden Cabinets and Vanities from the
People’s Republic of China: Petitioner’s Responses
to Supplemental Questions Regarding Petition
Volume II China AD,’’ dated March 12, 2019 (AD
Supplement); Petitioner’s Letter, ‘‘Wooden Cabinets
and Vanities from the People’s Republic of China:
Second Supplemental Responses—Volume I
Injury,’’ dated March 20, 2019 (Second General
Issues Supplement); Petitioner’s Letter, ‘‘Wooden
Cabinets and Vanities from the People’s Republic of
China: Second Supplemental Responses—Volume II
Injury,’’ dated March 20, 2019 (Second AD
Supplement); and Petitioner’s Letter, ‘‘Wooden
Cabinets and Vanities from the People’s Republic of
China: Petitioner’s Response to Department of
Commerce’s March 20, 2019 Memorandum,’’ dated
March 22, 2019 (Scope Clarification).
4 See ‘‘Antidumping Duty Investigation Initiation
Checklist: Wooden Cabinets and Vanities from the
People’s Republic of China,’’ (AD Initiation
Checklist). This checklist is dated concurrently
with, and hereby adopted by, this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room B8024 of the main Department
of Commerce building.
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Agencies
[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12585-12587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06314]
-----------------------------------------------------------------------
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 New Shipper Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Nanjing Yinxiangchen International Trade Co., Ltd. (Nanjing
Yinxiangchen) did not make sales of subject merchandise at prices below
normal value during the period of review (POR), September 1, 2017,
through February 28, 2018. We invite interested parties to comment on
the preliminary results.
DATES: Applicable April 2, 2019.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla (202) 482-3477, 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:
Background
Commerce is conducting a new shipper review of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (China). The new shipper review covers Nanjing Yinxiangchen.
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\1\ If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. Accordingly, the
revised deadline for the final results of this review is now March 26,
2019.
---------------------------------------------------------------------------
\1\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
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, Commerce added HTSUS classification number
0306.29.01.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (CBP). On September 21, 2018, Commerce
added HTSUS classification numbers 0306.39.0000 and 0306.99.0000 to the
scope description pursuant to a request by 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.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Freshwater Crawfish Tail Meat from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of the New Shipper Review; 2017-2018,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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[[Page 12586]]
Separate Rate
Commerce preliminarily determines that Nanjing Yinxiangchen is
eligible to receive a separate rate in this review.\3\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum at 6-8, for more
details.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. Commerce calculated export price in accordance with
section 772(c) of the Act. Because China is a non-market economy within
the meaning of section 771(18) of the Act, Commerce calculated normal
value 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 Commerce's Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an Appendix to this
notice.
Preliminary Results of New Shipper Review
As a result of the new shipper review, Commerce preliminarily
determines that the following dumping margin exists: \4\
---------------------------------------------------------------------------
\4\ Commerce reached this conclusion based on the totality of
the circumstances surrounding the reported sale for Nanjing
Yinxiangchen. See Preliminary Decision Memorandum at 2-3 Bona Fides
Analysis section.
------------------------------------------------------------------------
Weighted-
Exporter Producer average margin
(percent)
------------------------------------------------------------------------
Nanjing Yinxiangchen Nanjing Yinxiangchen 0.00
International Trade Co. Ltd. International Trade
Co. Ltd.
------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\7\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\8\
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\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\9\ Hearing 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.
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\9\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this new shipper review, including the results of its
analysis of issues raised by parties in their comments, within 90 days
after the publication of these preliminary results, pursuant to section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(i)(1).
Assessment Rates
Upon issuing the final results of this new shipper review, Commerce
will determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries covered by this
review.\10\ If the respondent's weighted-average dumping margin is
above de minimis (i.e., 0.50 percent) in the final results of this
review, we 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 in accordance with 19 CFR 351.212(b)(1). Specifically,
Commerce will apply the assessment rate calculation method adopted in
Final Modification for Reviews.\11\ Where an importer- (or customer-)
specific ad valorem rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (Final Modification for Reviews).
\12\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales database
submitted by Nanjing Yinxiangchen examined during this review, Commerce
will instruct CBP to liquidate such entries at the China-wide rate.
Cash Deposit Requirements
With regard to Nanjing Yinxiangchen, the respondent in this new
shipper review, Commerce established a combination cash deposit rate
consistent with its practice, as follows: (1) For subject merchandise
produced and exported by Nanjing Yinxiangchen, the cash deposit rate
will be the rate established in the final results of this new shipper
review; (2) for subject merchandise exported by Nanjing Yinxiangchen
but not produced by Nanjing Yinxiangchen the cash deposit rate will be
the rate for the China-wide entity; and (3) for subject merchandise
produced by Nanjing Yinxiangchen but not exported by Nanjing
Yinxiangchen the cash deposit rate will be the rate applicable to the
exporter. These deposit requirements shall remain in effect until
further notice.
[[Page 12587]]
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 Commerce'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.
Commerce is issuing and publishing the preliminary results of this
new shipper review in accordance with sections 751(a)(2)(B) and 777(i)
of the Act, and 19 CFR 351.214 and 351.221(b)(4).
Dated: March 27, 2019.
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Discussion of the Methodology
A. Non-Market-Economy Country Status
B. Surrogate Country
C. Separate Rate
1. Absence of De Jure Control
2. Absence of De Facto Control
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
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-06314 Filed 4-1-19; 8:45 am]
BILLING CODE 3510-DS-P