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

Published date31 October 2019
Citation84 FR 58371
Record Number2019-23771
SectionNotices
CourtInternational Trade Administration
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]]
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                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.
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                 \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.
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                 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/.
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                 \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).
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                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.
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                 \6\ See Preliminary Results, 84 FR at 34339-40.
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                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\
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                 \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.
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                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.
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                 \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).
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                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
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                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.
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                 \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.
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                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
                

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