[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57847-57848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23534]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: 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
frozen warmwater shrimp (shrimp) from India is being, or is likely to
be, sold in the United States at less than normal value during the
period of review (POR) February 1, 2017 through January 31, 2018.
DATES: Applicable October 29, 2019.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5518 or (202) 482-3860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on shrimp from India. This review covers six producers and/
or exporters of the subject merchandise. Commerce selected two
mandatory respondents for individual examination: Calcutta Seafoods
Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co. (collectively, the Elque
Group); and Magnum Sea Foods Limited/Magnum Estates Limited
(collectively, Magnum). The producers/exporters which were not selected
for individual examination are listed in the ``Final Results of the
Review'' section of this notice.
On April 23, 2019, Commerce published the Preliminary Results.\1\
On May 22 and 23, 2019, we received case briefs from the Elque Group
and Magnum, respectively. On May 28, 2019, we received a rebuttal brief
from the petitioner.\2\
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\1\ See Certain Frozen Warmwater Shrimp from India: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
16843 (April 23, 2019) (Preliminary Results).
\2\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
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Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp.\3\ The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10.
Although the HTSUS numbers are provided for convenience and customs
purposes, the written product description remains dispositive.
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\3\ For a complete description of the Scope of the Order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the 2017-2018 Antidumping Duty Administrative Review of Certain
Frozen Warmwater Shrimp from India,'' dated concurrently with, and
hereby adopted by, this notice (IDM).
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Analysis of Comments Received
All issues raised in the case briefs by parties are listed in the
appendix to this notice and addressed in the IDM. Parties can find a
complete discussion of these issues and the corresponding
recommendations in this public memorandum, which is on file
electronically 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; the
IDM is also available to all parties in the Central Records Unit, Room
B8024, of the main Commerce building. In addition, a complete version
of the IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic version of the IDM
are identical in content.
Final Results of the Review
We are assigning the following dumping margins to the firms listed
below for the POR February 1, 2017 through January 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co 110.90
Magnum Sea Foods Limited/Magnum Estates Limited............. 1.87
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Review-Specific Average Rate Applicable to the Following Companies:
\4\
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\4\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act).
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Blue-Fin Frozen Foods Pvt. Ltd.............................. 1.87
Crystal Sea Foods Private Limited........................... 1.87
Forstar Frozen Foods Pvt. Ltd............................... 1.87
Milsha Agro Exports Pvt. Ltd................................ 1.87
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the
entered value for all its U.S. sales, we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of antidumping duties calculated for the examined sales to the total
entered value of the sales for which entered value was reported. To
determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculated importer-specific ad valorem ratios based on the entered
value.
For the companies which were not selected for individual
examination, we used, as the assessment rate, the cash deposit rate
assigned to Magnum, in accordance with our practice.\5\
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\5\ See, e.g., Certain Frozen Warmwater Shrimp from India: Final
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR
32835 (July 16, 2018).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Magnum for which it
did not know that the merchandise was destined for the United States.
In such instances, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
[[Page 57848]]
company(ies) involved in the transaction.\6\
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\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for the reviewed companies will be
the rates shown above, except if the rate is less than 0.50 percent (de
minimis within the meaning of 19 CFR 351.106(c)(1)), the cash deposit
will be zero; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a previous review, or the
original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all-other manufacturers or exporters will
continue to be 10.17 percent, the all-others rate established in the
LTFV investigation.\7\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147, 5148 (February 1, 2005).
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Notification to Importers
This notice serves as the only 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 review period. 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.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order (APO)
of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO, which continues to
govern business proprietary information in this segment of the
proceeding. 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h).
Dated: October 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Differential Pricing
Comment 2: Adverse Facts Available
V. Recommendation
[FR Doc. 2019-23534 Filed 10-28-19; 8:45 am]
BILLING CODE 3510-DS-P