[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64749-64750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25958]


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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 Reviews

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

DATED: Effective Date: October 31, 2014.
SUMMARY: The Department of Commerce (the Department) has determined 
that three requests for new shipper reviews of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (PRC), meet the statutory and regulatory requirements for 
initiation.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, AD/CVD Operations 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-
1757.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order on freshwater crawfish tail meat from 
the PRC published in the Federal Register on September 15, 1997.\1\ 
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the Act), we received three timely requests for new shipper 
reviews of the Order from Wuhan Coland Aquatic Products and Food Co., 
Ltd. (Coland), Weishan Hongda Aquatic Food Co., Ltd. (Hongda), and 
Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng).\2\ Each new 
shipper review applicant certified that it is both the producer and 
exporter of the subject merchandise upon which its request was 
based.\3\
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    \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 Coland's new shipper review request dated September 18, 
2014 (Coland NSR request); Hongda's new shipper review request dated 
September 29, 2014 (Hongda NSR request); Hubei Yuesheng's new 
shipper review request dated September 30, 2014 (Hubei Yuesheng NSR 
request).
    \3\ See Coland NSR request at page 1; Hongda NSR request at 
Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), each new shipper applicant 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)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), each 
new shipper applicant certified that, since the initiation of the 
investigation, it has 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), each new 
shipper applicant also certified that its export activities were not 
controlled by the government of the PRC.\6\
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    \4\ See Coland NSR request at Attachment 1; Hongda NSR request 
at Exhibit 1; Hubei Yuesheng NSR request at Exhibit 2.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), each new shipper applicant 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\
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    \7\ See Coland NSR request at Attachment 2; Hongda NSR request 
at Exhibit 2; Hubei Yuesheng NSR request at Exhibit 1.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(A), the period of review 
(POR) for new shipper reviews initiated in the month immediately 
following the anniversary month will be the twelve-month period 
immediately preceding the anniversary month. Therefore, under the 
Order, the POR is September 1, 2013, through August 31, 2014.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that the request from each new 
shipper applicant meets threshold requirements for the initiation of a 
new shipper review of shipments of freshwater crawfish tail meat from 
the PRC produced and exported by each new shipper applicant.\8\
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    \8\ See the memoranda to the file entitled ``Freshwater Crawfish 
Tail Meat from the People's Republic of China: Initiation Checklist 
for Antidumping Duty New Shipper Review of Wuhan Coland Aquatic 
Products and Food Co., Ltd.'' dated concurrently with this notice; 
``Freshwater Crawfish Tail Meat from the People's Republic of China: 
Initiation Checklist for Antidumping Duty New Shipper Review of 
Weishan Hongda Aquatic Food Co., Ltd.'' dated concurrently with this 
notice; and ``Freshwater Crawfish Tail Meat from the People's 
Republic of China: Initiation Checklist for Antidumping Duty New 
Shipper Review of Hubei Yuesheng Aquatic Products Co., Ltd.'' dated 
concurrently with this notice. (Collectively, Initiation 
Checklists.)
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    The Department intends to issue the preliminary results of these 
new shipper reviews 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.\9\ It is the Department'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 each new shipper applicant which will include a section requesting 
information concerning its eligibility for a separate rate. The new 
shipper review of each new shipper applicant will be rescinded if the 
Department determines that each new shipper applicant has not 
demonstrated that it is eligible for a separate rate. In addition, the 
Department has concerns with certain information contained in entry 
data that the Department obtained from U.S. Customs and Border 
Protection (CBP). Due to the business proprietary nature of this 
information, please refer to the Initiation Checklists for further 
discussion. The Department intends to address these concerns after 
initiation of the new shipper reviews. If

[[Page 64750]]

the Department subsequently determines, based on information collected, 
that a new shipper review for any applicant is not warranted, the 
Department may rescind the review or apply facts available pursuant to 
section 776 of the Act, as appropriate.
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    \9\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
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    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
each new shipper applicant in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Because each new shipper applicant 
certified that it produced and exported subject merchandise, the sale 
of which is the basis for the request for a new shipper review, we will 
apply the bonding privilege to each new shipper applicant only for 
subject merchandise which was produced and exported by each new shipper 
applicant.
    To assist in its analysis of the bona fides of each new shipper 
applicant's sales, upon initiation of this new shipper review, the 
Department will require each new shipper applicant 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 new shipper review 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: October 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-25958 Filed 10-30-14; 8:45 am]
BILLING CODE 3510-DS-P