Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018

 
CONTENT
Federal Register, Volume 84 Issue 211 (Thursday, October 31, 2019)
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58371-58372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23771]
[[Page 58371]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
companies covered by the administrative review made sales of subject
merchandise at prices below normal value for the period of review (POR)
September 1, 2017 through August 31, 2018.
DATES: Applicable October 31, 2019.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
    On July 18, 2019, Commerce published the preliminary results of the
administrative review of the antidumping duty order on freshwater
crawfish tail meat from the People's Republic of China (China) covering
the POR.\1\ We gave interested parties an opportunity to comment on the
Preliminary Results. On August 26, 2019, Yancheng Hi-King Agriculture
Developing Co., Ltd. (Yancheng) \2\ and China Kingdom (Beijing) Import
& Export Co., Ltd. (China Kingdom), Deyan Aquatic Products and Food
Co., Ltd. (Deyan Aquatic), Hubei Qianjiang Huashan Aquatic Food and
Product Co., Ltd. (Hubei Qianjiang), Nanjing Gemsen International Co.,
Ltd. (Nanjing Gemsen), Xiping Opeck Food Co., Ltd. (Xiping Opeck), and
Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang) (collectively,
Respondents) \3\ timely submitted their case briefs. The Crawfish
Processors Alliance \4\ (the petitioner) did not comment, and we
received no rebuttal briefs.
---------------------------------------------------------------------------
    \1\ See Freshwater Crawfish Tail Meat from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 34339 (July 18, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Yancheng's Letter, ``Freshwater Crawfish Tail Meat from
The People's Republic of China: Case Brief,'' dated August 26, 2019.
    \3\ See Respondents' Letter, ``Freshwater Crawfish Tail Meat
from the PRC Respondents' Case Brief,'' dated August 26, 2019.
    \4\ The Crawfish Processors Alliance consists of the following
firms: A&S Crawfish; Acadiana Fishermen's Cooperative; Arnaudville
Seafood Plant; Atchafalaya Crawfish Processors; Atchafalaya Crawfish
Processing, L.L.C.; Bayou Land Seafood, LLC; Bieber Farms Crawfish,
Inc.; Blanchard's Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
Enterprise, Inc. d/b/a C.J.'s; Cajun Central, Inc.; Cajun Seafood
Distributor, Inc.; Catahoula Crawfish, Inc.; Choplin Seafood;
Clearwater Crawfish; Crawfish Enterprises, Inc.; Dugas Seafood aka
Carl's Seafood; Toups Crawfish, L.L.C.; Harvestime Seafood; Harvey's
Seafood; Louisiana Seafood Co.; Louisiana Premium Seafood; L.T.
West, Inc.; Phillips Seafood, L.L.C.; Prairie Cajun Wholesale
Distributors; Randol, Inc. aka Randol's Seafood and Restaurant;
Riceland Crawfish, Inc. aka Beaucoup Crawfish; Seafood
International, Inc.; Sylvester's Crawfish; and Teche Valley Seafood.
---------------------------------------------------------------------------
    The final results are unchanged from the Preliminary Results.
Commerce conducted this review in accordance with section 751(a)(1),
(2)(B) and (a)(3) of the Tariff Act of 1930, as amended (the Act). The
deadline for the final results of this administrative review is
November 15, 2019.
Scope of the Order
    The product covered by the antidumping duty order is freshwater
crawfish tail meat, in all its forms (whether washed or with fat on,
whether purged or un-purged), grades, and sizes; whether frozen, fresh,
or chilled; and regardless of how it is packed, preserved, or prepared.
Excluded from the scope of the order are live crawfish and other whole
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are
saltwater crawfish of any type, and parts thereof. Freshwater crawfish
tail meat is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 1605.40.10.10 and
1605.40.10.90, which are the HTSUS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by U.S.
Customs and Border Protection (CBP) in 2000, and HTSUS numbers
0306.19.00.10 and 0306.29.00.00, which are reserved for fish and
crustaceans in general. On February 10, 2012, Commerce added HTSUS
classification number 0306.29.01.00 to the scope description pursuant
to a request by 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. The HTSUS subheadings are
provided for convenience and customs purposes only. The written
description of the scope of the order is dispositive.
Analysis of Comments Received
    All issues raised in the case briefs by parties in this review are
addressed in the Issues and Decision Memorandum.\5\ A list of the
issues raised is attached as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is 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 http://access.trade.gov and is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Enforcement and Compliance
website at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
    \5\ See Memorandum, ``Freshwater Crawfish Tail Meat from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review; 2017-
2018,'' issued concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
    We made no revisions to the Preliminary Results.
Final Determination of No Shipments
    We preliminarily found that Anhui Luan Hongyuan Foodstuffs Co.,
Ltd., China Kingdom, Kunshan Xinrui Trading Co., Ltd., Nanjing
Yinxiangchen International Trade Co., Ltd., Shanghai Ocean Flavor
International Trading Co., Ltd., and Weihsan Hongda Aquatic Food Co.,
Ltd., which have been eligible for separate rates in previous segments
of the proceeding and are subject to this review, did not have any
reviewable entries of subject merchandise during the POR.\6\ After the
Preliminary Results, we received no comments or additional information
with respect to these six companies. Therefore, for the final results,
we continue to find that these six companies did not have any
reviewable entries of subject merchandise during the POR. Consistent
with our practice, we will issue appropriate instructions to U.S.
Customs and Border Protection (CBP) based on our final results.
---------------------------------------------------------------------------
    \6\ See Preliminary Results, 84 FR at 34339-40.
---------------------------------------------------------------------------
Separate Rate for Non-Selected Companies
    Deyan Aquatic, Hubei Nature, Hubei Yuesheng, Xiping Opeck, Xuzhou
Jinjian, and Yancheng are the exporters of crawfish tail meat from
China that demonstrated their eligibility for a separate rate which
were not selected for individual examination in this review. As in the
Preliminary Results, Commerce has calculated a rate for the
[[Page 58372]]
mandatory respondent Hubei Qianjiang that is zero and a rate for the
mandatory respondent Nanjing Gemsen that is not zero, de minimis, or
based entirely on facts available. Therefore, in accordance with
section 735(c)(5)(A) of the Act and its prior practice, Commerce has
assigned Nanjing Gemsen's calculated rate (i.e., 7.92 percent) as the
separate rate for the non-examined separate rate exporters for these
final results.\7\
---------------------------------------------------------------------------
    \7\ For more details on our methodology in selecting a rate for
a non-examined separate rate exporter, see Issues and Decision
Memorandum at the ``Separate Rates'' section.
---------------------------------------------------------------------------
China-Wide Entity
    As stated in the Preliminary Results, 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).\8\ Unchanged from the Preliminary Results, Commerce
determines that Jingzhou Tianhe Aquatic Products Co., Ltd., which did
not file a separate rate application, is part of the China-wide entity.
---------------------------------------------------------------------------
    \8\ 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).
---------------------------------------------------------------------------
Final Results of Administrative Review
    As a result of this administrative review, Commerce determines that
the following weighted-average dumping margins exist for 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., Ltd...        0.00
Hubei Yuesheng Aquatic Products Co., Ltd....................        7.92
Nanjing Gemsen International Trade 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
------------------------------------------------------------------------
Assessment
    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review. In accordance with 19
CFR 351.212(b)(1), we have calculated importer-specific (or customer-
specific) assessment rates for merchandise subject to this review.
    For these final results, we divided the total dumping margins
(calculated as the difference between normal value and export price)
for each of the respondents' importers or customers by the total number
of kilograms the exporter sold to that importer or customer. We intend
to direct CBP to assess the resulting per-kilogram dollar amount
against each kilogram of merchandise in each of that importer's/
customer's entries during the review period.
    For entries that were not reported in the U.S. sales databases
submitted by companies individually examined during the administrative
review, Commerce intends to instruct CBP to liquidate such entries at
the China-wide rate. We intend to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
Cash Deposit Requirements
    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.\9\ 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.\10\ 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.
---------------------------------------------------------------------------
    \9\ 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).
    \10\ See Revocation Notice, 84 FR at 26647.
---------------------------------------------------------------------------
Notification to Importers
    This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Orders
    This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
    The final results of this administrative review are issued and
published in accordance with sections 751(a)(1), 751(a)(3), and 777(i)
of the Act and 19 CFR 351.213(h).
    Dated: October 25, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
    Comment 1: Separate Rate for Non-Selected Respondents
    Comment 2: Valuation of Live Crawfish
VII. Recommendation
[FR Doc. 2019-23771 Filed 10-30-19; 8:45 am]
 BILLING CODE 3510-DS-P