Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 34339-34341 [2019-15191]
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
Disclosure and Public Comment
Commerce intends to disclose its
calculations and analysis performed
within ten days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Interested
parties are invited to comment on the
preliminary results and may submit case
briefs and/or written comments within
30 days of the publication of this nature,
pursuant to 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.10 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review 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.
Case and rebuttal briefs should be filed
using ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
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.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues parties
intend to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs.11 If a request for a hearing is
made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
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
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(c).
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regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
The preliminary results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019–15187 Filed 7–17–19; 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 Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain companies covered by the
administrative review made sales of
subject merchandise at prices below
normal value. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan at (202) 482–2201 (Hubei
Qianjiang), Jacob Keller (202) 482–4849
(Nanjing Gemsen), AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
Frm 00008
Fmt 4703
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34339
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (China). The period
of review (POR) is September 1, 2017
through August 31, 2018. This
administrative review covers two
mandatory respondents, Hubei
Qianjiang Huashan Aquatic Food and
Product Co., Ltd. (Hubei Qianjiang) and
Nanjing Gemsen International Co., Ltd.
(Nanjing Gemsen). Commerce
preliminarily determines that sales of
subject merchandise by Hubei Qianjiang
have not been made at prices below
normal value, and sales of subject
merchandise by Nanjing Gemsen have
been made at prices below normal
value.
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.1
Preliminary Determination of No
Shipments
Five companies that received a
separate rate in previous segments of the
proceeding and are subject to this
review reported that they did not have
any exports of subject merchandise
during the POR.2 Additionally, Nanjing
1 See Memorandum, ‘‘Freshwater Crawfish Tail
Meat from the People’s Republic of China: Decision
Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review; 2017–
2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
2 See No-Shipment Letters from Weishan Hongda
Aquatic Food Co., Ltd., dated November 30, 2018;
Kunshan Xinrui Trading Co., Ltd. and Nanjing
E:\FR\FM\18JYN1.SGM
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
Yinxiangchen International Trade Co.,
Ltd. is subject to the semi-annual new
shipper review covering the period
September 1, 2017 through February 28,
2018, and reported that it did not have
exports of subject merchandise in the
last six months of this administrative
review (i.e., March 1, 2018 through
August 31, 2018).3 We requested that
CBP report any contrary information.4
In response to our inquiry, CBP
indicated that these six companies did
not have any shipments of the subject
merchandise sold to the United States
during the POR.5 Further, consistent
with our practice, we find that it is not
appropriate to rescind the review with
respect to these companies but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of review.6
Separate Rates
Commerce preliminarily determines
that eight respondents are eligible to
receive separate rates in this review.7
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Separate Rate for Eligible Non-Selected
Respondents
Commerce preliminarily determines
that the respondents not selected for
individual examination, Deyan Aquatic
Products and Food Co., Ltd. (Deyan
Aquatic); Hubei Nature Agriculture
Industry Co., Ltd. (Hubei Nature); Hubei
Yuesheng Aquatic Products Co., Ltd.
(Hubei Yuesheng); Xiping Opeck Food
Co., Ltd. (Xiping Opeck); Xuzhou
Jinjiang Foodstuffs Co., Ltd. (Xuzhou
Jinjiang); and Yancheng Hi-King
Agricultural Developing Co., Ltd.
Yinxiangchen International Trade Co., Ltd., each
dated December 4, 2018; Shanghai Ocean Flavor
International Trading Co., Ltd. and Anhui Luan
Hongyuan Foodstuffs Co., Ltd., each dated
December 14, 2018; and China Kingdom (Beijing)
Import & Export Co., Ltd. (China Kingdom), dated
February 28, 2019. China Kingdom submitted its no
shipment letter past the 30-day deadline, however,
we have accepted it as a clarification to its separate
rate certification (see China Kingdom’s Letter,
‘‘Freshwater Crawfish Tail Meat from the People’s
Republic of China Separate Rate Certification,’’
dated December 14, 2018 at 4 and 6) that it had
sales to the United States but no suspended entries
of subject merchandise into the United States
during the POR.
3 See Nanjing Yinxiangchen International Trade
Co., Ltd.’s Letter, ‘‘Freshwater Crawfish Tail Meat
from the People’s Republic of China: Concurrent
Shipment Certification,’’ dated December 4, 2018.
4 See CBP message numbers 9150301, 9150302,
9150303, 9150304, 9157303, and 9157304, available
at https://aceservices.cbp.dhs.gov/adcvdweb.
5 See Memorandum, ‘‘No shipment inquiry with
respect to the companies below during the period
09/01/2017 through 08/31/2018,’’ dated July 2,
2019.
6 See, e.g., Wooden Bedroom Furniture from the
People’s Republic of China: Final Results and Final
Rescission, In Part, of Administrative Review and
Final Results of New Shipper Review; 2013, 80 FR
34619 (June 17, 2015).
7 See Preliminary Decision Memorandum at 5–6.
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17:56 Jul 17, 2019
Jkt 247001
(Yancheng Hi-King) are eligible to
receive a separate rate in the
administrative review.8 Consistent with
our practice, we assigned to Deyan
Aquatic, Hubei Nature, Hubei
Yuesheng, Xiping Opeck, Xuzhou
Jinjiang, and Yancheng Hi-King the
margin calculated for Nanjing Gemsen
as the separate rate for the preliminary
results of this review.9
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.10 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-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).11 Aside
from the no-shipments and separate rate
companies discussed above, Commerce
preliminarily determines that Jingzhou
Tianhe Aquatic Products Co., Ltd., for
which a review was requested (which
did not file a separate rate application)
is part of the China-wide entity.12
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213. Export
price is calculated 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,
normal value has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
8 Id.at
10 See
Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
11 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).
12 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018) (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving NME countries
must complete, as appropriate, either a separate rate
application or certification, as described below.’’);
see also Preliminary Decision Memorandum at 8.
Frm 00009
Preliminary Results
Commerce preliminarily determines
that the following weighted-average
dumping margins exist during the
period September 1, 2017 through
August 31, 2018:
Producer/exporter
Deyan Aquatic Products and
Food Co., Ltd ....................
Hubei Nature Agriculture Industry Co., Ltd ..................
Hubei Qianjiang Huashan
Aquatic Food and Product
Co., Ltd .............................
Hubei Yuesheng Aquatic
Products Co., Ltd ..............
Nanjing Gemsen International Co., Ltd ................
Xiping Opeck Food Co., Ltd
Xuzhou Jinjiang Foodstuffs
Co., Ltd .............................
Yancheng Hi-King Agricultural Developing Co., Ltd ..
Weightedaverage
margin
(percent)
7.92
7.92
0.00
7.92
7.92
7.92
7.92
7.92
Disclosure
We intend to disclose calculations
performed in these preliminary results
to parties within five days after public
announcement of the preliminary
results.13
Public Comment
7–8.
9 Id.
PO 00000
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
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of the topics
discussed in the Preliminary Decision
Memorandum is attached as an
Appendix to this notice.
Fmt 4703
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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.14 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.15 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
13 See
19 CFR 351.224(b).
19 CFR 351.309(c).
15 See 19 CFR 351.309(d).
14 See
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
(2) a brief summary of the argument;
and (3) a table of authorities.16
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.17 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.
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of issues raised by
parties in their comments, within 120
days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.18 If a respondent’s weightedaverage 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.
Specifically, Commerce will apply the
assessment rate calculation method
adopted in Final Modification for
Reviews.19 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.20
For entries that were not reported in
the U.S. sales databases submitted by
exporters individually examined during
this review, Commerce will instruct
CBP to liquidate such entries at the
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16 See
19 CFR 351.309(c)(2) and (d)(2); and 19
CFR 351.303 (for general filing requirements).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.212(b)(1).
19 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
20 See 19 CFR 351.106(c)(2).
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17:56 Jul 17, 2019
Jkt 247001
China-wide rate. If Commerce
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the China-wide rate.21
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
On June 7, 2019, as a result of the
five-year (sunset) review, Commerce
revoked the antidumping duty order on
imports of freshwater crawfish tail meat
from China.22 In the Revocation Notice,
Commerce stated that it intends to issue
instructions to CBP to terminate the
suspension of liquidation and to
discontinue the collection of cash
deposits on entries of subject
merchandise, entered or withdrawn
from warehouse, on or after May 16,
2019.23 Furthermore, because the
antidumping duty order on freshwater
crawfish tail meat from China has been
revoked as a result of the Revocation
Notice, Commerce will not issue cash
deposit instructions at the conclusion of
this administrative review.
34341
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: July 11, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2019–15191 Filed 7–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
[A–570–832]
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 this POR.
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.
Pure Magnesium From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
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
21 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
22 See Freshwater Crawfish Tail Meat from the
People’s Republic of China: Final Results of Sunset
Review and Revocation of Antidumping Duty Order,
84 FR 26647 (June 7, 2019) (Revocation Notice).
23 See Revocation Notice.
PO 00000
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International, Co.,
Ltd. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (collectively,
TMI/TMM) had no shipments of subject
merchandise covered by the
antidumping duty order on pure
magnesium from the People’s Republic
of China (China) for the period of review
(POR) May 1, 2017 through April 31,
2018.
SUMMARY:
DATES:
Applicable July 18, 2019.
Kyle
Clahane or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5449 or (202) 482–5848,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34339-34341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15191]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies covered by the administrative review made sales
of subject merchandise at prices below normal value. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan at (202) 482-2201 (Hubei
Qianjiang), Jacob Keller (202) 482-4849 (Nanjing Gemsen), 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 an administrative review of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (China). The period of review (POR) is September 1, 2017
through August 31, 2018. This administrative review covers two
mandatory respondents, Hubei Qianjiang Huashan Aquatic Food and Product
Co., Ltd. (Hubei Qianjiang) and Nanjing Gemsen International Co., Ltd.
(Nanjing Gemsen). Commerce preliminarily determines that sales of
subject merchandise by Hubei Qianjiang have not been made at prices
below normal value, and sales of subject merchandise by Nanjing Gemsen
have been made at prices below normal value.
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.\1\
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\1\ See Memorandum, ``Freshwater Crawfish Tail Meat from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Five companies that received a separate rate in previous segments
of the proceeding and are subject to this review reported that they did
not have any exports of subject merchandise during the POR.\2\
Additionally, Nanjing
[[Page 34340]]
Yinxiangchen International Trade Co., Ltd. is subject to the semi-
annual new shipper review covering the period September 1, 2017 through
February 28, 2018, and reported that it did not have exports of subject
merchandise in the last six months of this administrative review (i.e.,
March 1, 2018 through August 31, 2018).\3\ We requested that CBP report
any contrary information.\4\ In response to our inquiry, CBP indicated
that these six companies did not have any shipments of the subject
merchandise sold to the United States during the POR.\5\ Further,
consistent with our practice, we find that it is not appropriate to
rescind the review with respect to these companies but, rather, to
complete the review and issue appropriate instructions to CBP based on
the final results of review.\6\
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\2\ See No-Shipment Letters from Weishan Hongda Aquatic Food
Co., Ltd., dated November 30, 2018; Kunshan Xinrui Trading Co., Ltd.
and Nanjing Yinxiangchen International Trade Co., Ltd., each dated
December 4, 2018; Shanghai Ocean Flavor International Trading Co.,
Ltd. and Anhui Luan Hongyuan Foodstuffs Co., Ltd., each dated
December 14, 2018; and China Kingdom (Beijing) Import & Export Co.,
Ltd. (China Kingdom), dated February 28, 2019. China Kingdom
submitted its no shipment letter past the 30-day deadline, however,
we have accepted it as a clarification to its separate rate
certification (see China Kingdom's Letter, ``Freshwater Crawfish
Tail Meat from the People's Republic of China Separate Rate
Certification,'' dated December 14, 2018 at 4 and 6) that it had
sales to the United States but no suspended entries of subject
merchandise into the United States during the POR.
\3\ See Nanjing Yinxiangchen International Trade Co., Ltd.'s
Letter, ``Freshwater Crawfish Tail Meat from the People's Republic
of China: Concurrent Shipment Certification,'' dated December 4,
2018.
\4\ See CBP message numbers 9150301, 9150302, 9150303, 9150304,
9157303, and 9157304, available at https://aceservices.cbp.dhs.gov/adcvdweb.
\5\ See Memorandum, ``No shipment inquiry with respect to the
companies below during the period 09/01/2017 through 08/31/2018,''
dated July 2, 2019.
\6\ See, e.g., Wooden Bedroom Furniture from the People's
Republic of China: Final Results and Final Rescission, In Part, of
Administrative Review and Final Results of New Shipper Review; 2013,
80 FR 34619 (June 17, 2015).
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that eight respondents are
eligible to receive separate rates in this review.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at 5-6.
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Separate Rate for Eligible Non-Selected Respondents
Commerce preliminarily determines that the respondents not selected
for individual examination, Deyan Aquatic Products and Food Co., Ltd.
(Deyan Aquatic); Hubei Nature Agriculture Industry Co., Ltd. (Hubei
Nature); Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng);
Xiping Opeck Food Co., Ltd. (Xiping Opeck); Xuzhou Jinjiang Foodstuffs
Co., Ltd. (Xuzhou Jinjiang); and Yancheng Hi-King Agricultural
Developing Co., Ltd. (Yancheng Hi-King) are eligible to receive a
separate rate in the administrative review.\8\ Consistent with our
practice, we assigned to Deyan Aquatic, Hubei Nature, Hubei Yuesheng,
Xiping Opeck, Xuzhou Jinjiang, and Yancheng Hi-King the margin
calculated for Nanjing Gemsen as the separate rate for the preliminary
results of this review.\9\
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\8\ Id.at 7-8.
\9\ Id.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\10\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-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).\11\ Aside from the no-
shipments and separate rate companies discussed above, Commerce
preliminarily determines that Jingzhou Tianhe Aquatic Products Co.,
Ltd., for which a review was requested (which did not file a separate
rate application) is part of the China-wide entity.\12\
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ 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).
\12\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.''); see also Preliminary Decision Memorandum at 8.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213. Export price is calculated 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, normal value has been calculated
in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov, and to all
parties in Commerce's Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
Preliminary Results
Commerce preliminarily determines that the following weighted-
average dumping margins exist during the period September 1, 2017
through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Deyan Aquatic Products and Food Co., Ltd................ 7.92
Hubei Nature Agriculture Industry Co., Ltd.............. 7.92
Hubei Qianjiang Huashan Aquatic Food and Product Co., 0.00
Ltd....................................................
Hubei Yuesheng Aquatic Products Co., Ltd................ 7.92
Nanjing Gemsen International Co., Ltd................... 7.92
Xiping Opeck Food Co., Ltd.............................. 7.92
Xuzhou Jinjiang Foodstuffs Co., Ltd..................... 7.92
Yancheng Hi-King Agricultural Developing Co., Ltd....... 7.92
------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\13\
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\13\ See 19 CFR 351.224(b).
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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.\14\ 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.\15\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue;
[[Page 34341]]
(2) a brief summary of the argument; and (3) a table of
authorities.\16\
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\14\ See 19 CFR 351.309(c).
\15\ See 19 CFR 351.309(d).
\16\ 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.\17\ 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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\17\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ If a 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. Specifically, Commerce will apply the assessment rate
calculation method adopted in Final Modification for Reviews.\19\ 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.\20\
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\18\ See 19 CFR 351.212(b)(1).
\19\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\20\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales databases
submitted by exporters individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate. If Commerce determines that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the China-wide rate.\21\
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\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of this review.
Cash Deposit Requirements
On June 7, 2019, as a result of the five-year (sunset) review,
Commerce revoked the antidumping duty order on imports of freshwater
crawfish tail meat from China.\22\ In the Revocation Notice, Commerce
stated that it intends to issue instructions to CBP to terminate the
suspension of liquidation and to discontinue the collection of cash
deposits on entries of subject merchandise, entered or withdrawn from
warehouse, on or after May 16, 2019.\23\ Furthermore, because the
antidumping duty order on freshwater crawfish tail meat from China has
been revoked as a result of the Revocation Notice, Commerce will not
issue cash deposit instructions at the conclusion of this
administrative review.
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\22\ See Freshwater Crawfish Tail Meat from the People's
Republic of China: Final Results of Sunset Review and Revocation of
Antidumping Duty Order, 84 FR 26647 (June 7, 2019) (Revocation
Notice).
\23\ See Revocation Notice.
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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 this POR. 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.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1), 751(a)(3), and 777(i) of
the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: July 11, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2019-15191 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P