Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 54678-54680 [2014-21828]

Download as PDF 54678 Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices OMB Control Number: 0596–0141. Summary of Collection: The Conference Report accompanying the 1997 Omnibus Appropriation Act (Pub L. 104–208) requires that the Forest Service (FS) establish a process by which purchasers may appeal decisions concerning recomputations of Small Business Set-aside (SBA) shares or structural recomputations of SBA shares, or changes in policies impacting the Small Business Timber Sale SetAside Program. FS adopted the Small Business Timber Sale Set-Aside Program on July 26, 1990. FS administers the program in cooperation with the Small Business Administration under the authorities of the Small Business Act of 1988, the National Forest Management Act of 1976, and SBA’s regulations at Part 121 of Title 13 of the Code of Federal Regulations. The program is designed to ensure that small business timber purchasers have the opportunity to purchase a fair proportion of National Forest System timber offered for sale. Need and Use of the Information: Under the program, the FS must recompute the shares of timber sales to be set aside for qualifying small businesses every five years based on the actual volume of saw timber purchased by small businesses. Re-computation of shares must occur if there is a change in manufacturing capability, if the purchaser size class changes, or if certain purchaser(s) discontinue operations. The appeal information is collected in writing and is possible, in most locations to be sent via email and attached documents to a Forest Service Officer. The collected information is reviewed by FS officials who use the information to render decisions related to re-computations of timber sale share to be set-aside for small business timber purchasers. Description of Respondents: Business or other for-profit. Number of Respondents: 40. Frequency of Responses: Reporting: On occasion. Total Burden Hours: 360. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. 2014–21717 Filed 9–11–14; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 3411–15–P Dated: September 8, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request [FR Doc. 2014–21716 Filed 9–11–14; 8:45 am] The Department of Commerce will submit to the Office of Management and VerDate Mar<15>2010 17:58 Sep 11, 2014 Jkt 232001 Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: Bureau of Industry and Security. Title: Rated Orders Under the Defense Priorities and Allocations System (DPAS). OMB Control Number: 0694–0092. Form Number(s): N/A. Type of Request: Regular submission (extension of a currently approved information collection). Number of Respondents: 1,434,650. Average Hours per Response: 1 to 15 minutes. Burden Hours: 45,290. Needs and Uses: This collection involves the exchange of rated order information between customers and suppliers. The recordkeeping requirement is necessary for administration and enforcement of delegated authority under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.) and the Selective Service Act of 1948 (50 U.S.C. App. 468). Any person (supplier) who receives a priority rated order under DPAS regulation (15 CFR part 700) must notify the customer of acceptance or rejection of that order within a specified period of time. Also, if shipment against a priority rated order will be delayed, the supplier must immediately notify the customer. Affected Public: Businesses and other for-profit institutions. Frequency: On occasion. Respondent’s Obligation: Required to obtain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. BILLING CODE 3510–33–P PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (‘‘shrimp’’) from the People’s Republic of China (‘‘PRC’’), covering the period of review (‘‘POR’’) from February 1, 2013, through January 31, 2014. We invite interested parties to comment on these preliminary results. DATES: Effective Date: September 12, 2014. AGENCY: FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is certain frozen warmwater shrimp.1 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 for customs purposes, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.2 1 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Decision Memorandum for the Preliminary Results of the 2013–2014 Administrative Review’’ dated concurrently with these results (‘‘Preliminary Decision Memorandum’’), for a complete description of the Scope of the Order. 2 On April 26, 2011, the Department amended the antidumping duty order to include dusted shrimp, E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. tkelley on DSK3SPTVN1PROD with NOTICES Background On April 1, 2014, the Department initiated an administrative review of the Order on certain frozen warmwater shrimp from the PRC covering 60 companies for the POR.3 The Initiation Notice notifies the firms for which a review was initiated that they ‘‘must complete, as appropriate, either a separate rate application or certification’’ if they want to qualify for a separate rate in this administrative review.4 The Initiation Notice also states that ‘‘{i}f a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review . . . it must notify the Department within 60 days of publication of this notice in the Federal Register.’’ 5 Shantou Yuexing Enterprise Company (‘‘SYEC’’), Rizhao Smart pursuant to the CIT decision in Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010), and the U.S. International Trade Commission determination, which found the domestic like product to include dusted shrimp. See Certain Frozen Warmwater Shrimp from Brazil, India, the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011) (‘‘Order’’); see also Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam (Investigation Nos. 731– TA–1063, 1064, 1066–1068 (Review), USITC Publication 4221, March 2011. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 79 FR 18262 (April 1, 2014) (‘‘Initiation Notice’’). 4 Id., 79 FR 18263. 5 Id., 79 FR 18262. VerDate Mar<15>2010 17:58 Sep 11, 2014 Jkt 232001 Foods Co., Ltd. (‘‘Smart Foods’’), and Zhanjiang Regal Integrated Marine Resources Co., Ltd. (‘‘Regal’’) 6 submitted ‘‘no shipment certifications’’ to the Department.7 No companies under review filed separate rate certifications or applications. Preliminary Results of Review Based upon the no shipment certifications of SYEC and Regal, and our review of U.S. Customs and Border Protection (‘‘CBP’’) information, we preliminarily find that SYEC and Regal had no shipments during the POR. The Department’s policy is to conduct administrative reviews only where there exists at least one POR entry of subject merchandise, because duties cannot be assessed where there are no suspended entries.8 Because there cannot be a review where there are no entries, companies that certify to no shipments retain their most recently-determined separate rate, provided that no information contrary to those claims is presented to, or obtained by, the Department. Therefore, SYEC and Regal retain their separate rate status from prior reviews.9 Because Smart Foods was previously found to be part of the PRC-wide entity and continues to be part of the entity in this review,10 we are not making a determination regarding 6 In the Initiation Notice, we stated that because the order was revoked with respect to subject merchandise produced and exported by Regal, this administrative review covers all subject merchandise exported by Regal and manufactured by any company other than Regal. See Initiation Notice 79 FR 18275 at footnote 5. 7 See Letter to the Secretary of Commerce from Shantou Yuexing ‘‘Shantou Yuexing Enterprise Company’s Request for rescinding an Administrative Review’’ (April 2, 2014); Letter to the Secretary of Commerce from Rizhao Smart Foods Co., Ltd. ‘‘Certificate of No Sales’’ (April 9, 2014); Letter to the Secretary of Commerce from Zhanjiang Regal Integrated Marine Resources Co., Ltd. ‘‘No Shipments Statement of Zhanjiang Regal Integrated Marine Resources Co., Ltd.’’ (June 2, 2014). 8 See, e.g., Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012) and accompanying memorandum at Issue 2. 9 See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209 (September 12, 2013); see also Administrative Review of Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 75 FR 49460 (August 13, 2010). 10 See Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results, Partial Rescission of Sixth Antidumping Duty Administrative Review and Determination Not To Revoke in Part, 77 FR 53856 (September 4, 2012) at Appendix II; see also Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209 (September 12, 2013). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 54679 no shipments with respect to Smart Foods. We also preliminarily find that 58 companies, including Smart Foods, should be treated as part of the PRCwide entity. The Department’s change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.11 Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department selfinitiates, a review of the entity. Because no party requested a review of the PRCwide entity, the entity is not under review and the entity’s rate is not subject to change. The Department preliminarily finds that 58 companies 12 under review have not established eligibility for a separate rate and, thus, 11 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). 12 Those companies for which a review was requested and which we preliminarily determine are part of the PRC-wide entity include: Asian Seafoods (Zhanjiang) Co., Ltd., Beihai Angbang Seafood Co., Ltd., Beihai Boston Frozen Food Co., Ltd., Dalian Shanhai Seafood Co., Ltd., Dalian Taiyang Aquatic Products Co., Ltd., Eimskip Logistics (Qingdao) Co., Ltd., EZ Logistics Inc., EZ Logistics LLC (Qingdao Branch), Fujian Chaohui International Trading, Fujian Rongjiang Import and Export Co., Ltd., Fujian Tea Import & Export Co., Ltd., Fujian Zhaoan Haili Aquatic Co., Ltd., Fuqing Dongwei Aquatic Products Ind., Fuqing Minhua Trade Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd., Guangdong Foodstuffs Import & Export (Group) Corporation, Guangdong Gourmet Aquatic Products Co., Ltd., Guangdong Jinhang Food Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong Wanshida Holding Corp., Guangdong Wanya Foods Fty. Co., Ltd., Guangzhou Shi Runjin Trading Development Co., Ltd., Haida Seafood Co., Ltd., HaiLi Aquatic Product Co., Ltd., Hainan Brich Aquatic Products Co., Ltd., Hua Yang (Dalian), International Transportation Service Co., Huazhou XinHai Aquatic Products Co. Ltd., Jiazhou Foods Industry Co., Ltd., Longhai Gelin Foods Co., Ltd., Longhai Gelin Seafoods Co., Ltd., Maoming Xinzhou Seafood Co., Ltd., North Seafood Group Co., Panwin International Logistics Co., Ltd., Pingye Foreign Transportation Corp. Ltd of Shantou, SE.Z., Rizhao Smart Foods Company Limited, Savvy Seafood Inc., Shanghai Lingpu Aquatic Products Co., Ltd., Shanghai Smiling Food Co., Ltd., Shantou Freezing Aquatic Product Foodstuffs Co., Shantou Jiazhou Food Industrial Co., Ltd., Shantou Jin Cheng Food Co., Ltd., Shantou Jintai Aquatic Product Industrial Co., Ltd., Shantou Li An Plastic Products Co. Ltd., Shantou Longsheng Aquatic Product Foodstuff Co., Ltd., Shantou Wanya Foods Fty. Co., Ltd., Thai Royal Frozen Food Zhanjiang Co., Ltd., Yangjiang Anyang Food Co., Ltd., Yangjiang City Haida Seafood Company Ltd., Yangjiang City Hongwai Seafood Company, Ltd., Zhangzhou Xinwanya Aquatic Product Co., Ltd., Zhangzhou Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co., Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Longwei Aquatic Products Industry Co., Ltd., Zhanjiang Universal Seafood Corp., Zhanjiang Newpro Foods Co., Ltd., Zhaoan Yangli Aquatic Co., Ltd. E:\FR\FM\12SEN1.SGM 12SEN1 54680 Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices they should continue to be part of the PRC-wide entity. Public Comment Interested parties may submit case briefs or other written comments to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of this notice 13 and may submit rebuttal briefs no later than five days after the written comments are filed.14 Rebuttal briefs may respond only to arguments raised in case briefs and should identify the argument to which it is responding.15 A table of contents, list of authorities used, and an executive summary of issues should accompany any brief submitted to the Department. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Any interested party may request a hearing within 30 days of publication of this notice.16 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues you intend to present at the hearing. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.17 The Department intends to issue the final results of this administrative review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless that time period is extended pursuant to section 751(a)(3)(A) of the Act. tkelley on DSK3SPTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. The Department announced a refinement to its assessment practice in non-market economy (‘‘NME’’) cases.18 13 See 19 CFR 351.309(c)(ii). 19 CFR 351.309(d). 15 See 19 CFR 351.309(d)(2). 16 See 19 CFR 351.310(c). 17 See 19 CFR 351.310(d). 18 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 14 See VerDate Mar<15>2010 17:58 Sep 11, 2014 Jkt 232001 Pursuant to this refinement in practice, for entries that were not reported by companies examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department 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 NME-wide rate.19 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters that received a separate rate in a prior segment of this proceeding that are not listed in footnote 12, the cash deposit rate will continue to be the existing exporterspecific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate (including the firms listed in footnote 12), the cash deposit rate will be the existing rate for the PRC-wide entity; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to the 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 the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.221(b)(4). Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 19 Id., 76 FR 65694. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Dated: September 5, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–21828 Filed 9–11–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before October 2, 2014. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 14–014. Applicant: The Research Corporation of the University of Hawaii, 1680 East-West Road, POST 602, Honolulu, HI 96822. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to study man-made and natural materials with special emphasis on extraterrestrial materials and energy storage materials. Justification for DutyFree Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: August 14, 2014. Docket Number: 14–020. Applicant: Louisiana State University, One University Place, Shreveport, Louisiana 71115. Instrument: Electron Microscope. Manufacturer: Delong Instruments A.s., Czech Republic. Intended Use: The instrument is used to study the size, shape and composition of inorganic, organic, biomolecular materials, and cells and tissues. Justification for DutyFree Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: August 26, 2014. Docket Number: 14–022. Applicant: University of Nebraska-Lincoln, 1700 Y E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54678-54680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21828]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2013-2014

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

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp (``shrimp'') from the People's Republic of China 
(``PRC''), covering the period of review (``POR'') from February 1, 
2013, through January 31, 2014. We invite interested parties to comment 
on these preliminary results.

DATES:  Effective Date: September 12, 2014.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\1\ 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 for customs 
purposes, the written product description, available in the Preliminary 
Decision Memorandum, remains dispositive.\2\
---------------------------------------------------------------------------

    \1\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2013-
2014 Administrative Review'' dated concurrently with these results 
(``Preliminary Decision Memorandum''), for a complete description of 
the Scope of the Order.
    \2\ On April 26, 2011, the Department amended the antidumping 
duty order to include dusted shrimp, pursuant to the CIT decision in 
Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 
2d 1330 (CIT 2010), and the U.S. International Trade Commission 
determination, which found the domestic like product to include 
dusted shrimp. See Certain Frozen Warmwater Shrimp from Brazil, 
India, the People's Republic of China, Thailand, and the Socialist 
Republic of Vietnam: Amended Antidumping Duty Orders in Accordance 
with Final Court Decision, 76 FR 23277 (April 26, 2011) (``Order''); 
see also Frozen Warmwater Shrimp from Brazil, China, India, 
Thailand, and Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-
1068 (Review), USITC Publication 4221, March 2011.

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[[Page 54679]]

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, which is hereby adopted by this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Background

    On April 1, 2014, the Department initiated an administrative review 
of the Order on certain frozen warmwater shrimp from the PRC covering 
60 companies for the POR.\3\ The Initiation Notice notifies the firms 
for which a review was initiated that they ``must complete, as 
appropriate, either a separate rate application or certification'' if 
they want to qualify for a separate rate in this administrative 
review.\4\ The Initiation Notice also states that ``{i{time} f a 
producer or exporter named in this notice of initiation had no exports, 
sales, or entries during the period of review . . . it must notify the 
Department within 60 days of publication of this notice in the Federal 
Register.'' \5\ Shantou Yuexing Enterprise Company (``SYEC''), Rizhao 
Smart Foods Co., Ltd. (``Smart Foods''), and Zhanjiang Regal Integrated 
Marine Resources Co., Ltd. (``Regal'') \6\ submitted ``no shipment 
certifications'' to the Department.\7\ No companies under review filed 
separate rate certifications or applications.
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 79 FR 
18262 (April 1, 2014) (``Initiation Notice'').
    \4\ Id., 79 FR 18263.
    \5\ Id., 79 FR 18262.
    \6\ In the Initiation Notice, we stated that because the order 
was revoked with respect to subject merchandise produced and 
exported by Regal, this administrative review covers all subject 
merchandise exported by Regal and manufactured by any company other 
than Regal. See Initiation Notice 79 FR 18275 at footnote 5.
    \7\ See Letter to the Secretary of Commerce from Shantou Yuexing 
``Shantou Yuexing Enterprise Company's Request for rescinding an 
Administrative Review'' (April 2, 2014); Letter to the Secretary of 
Commerce from Rizhao Smart Foods Co., Ltd. ``Certificate of No 
Sales'' (April 9, 2014); Letter to the Secretary of Commerce from 
Zhanjiang Regal Integrated Marine Resources Co., Ltd. ``No Shipments 
Statement of Zhanjiang Regal Integrated Marine Resources Co., Ltd.'' 
(June 2, 2014).
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Preliminary Results of Review

    Based upon the no shipment certifications of SYEC and Regal, and 
our review of U.S. Customs and Border Protection (``CBP'') information, 
we preliminarily find that SYEC and Regal had no shipments during the 
POR. The Department's policy is to conduct administrative reviews only 
where there exists at least one POR entry of subject merchandise, 
because duties cannot be assessed where there are no suspended 
entries.\8\ Because there cannot be a review where there are no 
entries, companies that certify to no shipments retain their most 
recently-determined separate rate, provided that no information 
contrary to those claims is presented to, or obtained by, the 
Department. Therefore, SYEC and Regal retain their separate rate status 
from prior reviews.\9\ Because Smart Foods was previously found to be 
part of the PRC-wide entity and continues to be part of the entity in 
this review,\10\ we are not making a determination regarding no 
shipments with respect to Smart Foods.
---------------------------------------------------------------------------

    \8\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate From the 
Russian Federation: Notice of Rescission of Antidumping Duty 
Administrative Review, 77 FR 65532 (October 29, 2012) and 
accompanying memorandum at Issue 2.
    \9\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Final Results of Administrative Review; 2011-
2012, 78 FR 56209 (September 12, 2013); see also Administrative 
Review of Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 75 FR 49460 (August 13, 2010).
    \10\ See Administrative Review of Certain Frozen Warmwater 
Shrimp From the People's Republic of China: Final Results, Partial 
Rescission of Sixth Antidumping Duty Administrative Review and 
Determination Not To Revoke in Part, 77 FR 53856 (September 4, 2012) 
at Appendix II; see also Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Final Results of Administrative Review; 
2011-2012, 78 FR 56209 (September 12, 2013).
---------------------------------------------------------------------------

    We also preliminarily find that 58 companies, including Smart 
Foods, should be treated as part of the PRC-wide entity. The 
Department's change in policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\11\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity, 
the entity is not under review and the entity's rate is not subject to 
change. The Department preliminarily finds that 58 companies \12\ under 
review have not established eligibility for a separate rate and, thus,

[[Page 54680]]

they should continue to be part of the PRC-wide entity.
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    \11\ 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).
    \12\ Those companies for which a review was requested and which 
we preliminarily determine are part of the PRC-wide entity include: 
Asian Seafoods (Zhanjiang) Co., Ltd., Beihai Angbang Seafood Co., 
Ltd., Beihai Boston Frozen Food Co., Ltd., Dalian Shanhai Seafood 
Co., Ltd., Dalian Taiyang Aquatic Products Co., Ltd., Eimskip 
Logistics (Qingdao) Co., Ltd., EZ Logistics Inc., EZ Logistics LLC 
(Qingdao Branch), Fujian Chaohui International Trading, Fujian 
Rongjiang Import and Export Co., Ltd., Fujian Tea Import & Export 
Co., Ltd., Fujian Zhaoan Haili Aquatic Co., Ltd., Fuqing Dongwei 
Aquatic Products Ind., Fuqing Minhua Trade Co., Ltd., Fuqing Yihua 
Aquatic Food Co., Ltd., Guangdong Foodstuffs Import & Export (Group) 
Corporation, Guangdong Gourmet Aquatic Products Co., Ltd., Guangdong 
Jinhang Food Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong 
Wanshida Holding Corp., Guangdong Wanya Foods Fty. Co., Ltd., 
Guangzhou Shi Runjin Trading Development Co., Ltd., Haida Seafood 
Co., Ltd., HaiLi Aquatic Product Co., Ltd., Hainan Brich Aquatic 
Products Co., Ltd., Hua Yang (Dalian), International Transportation 
Service Co., Huazhou XinHai Aquatic Products Co. Ltd., Jiazhou Foods 
Industry Co., Ltd., Longhai Gelin Foods Co., Ltd., Longhai Gelin 
Seafoods Co., Ltd., Maoming Xinzhou Seafood Co., Ltd., North Seafood 
Group Co., Panwin International Logistics Co., Ltd., Pingye Foreign 
Transportation Corp. Ltd of Shantou, SE.Z., Rizhao Smart Foods 
Company Limited, Savvy Seafood Inc., Shanghai Lingpu Aquatic 
Products Co., Ltd., Shanghai Smiling Food Co., Ltd., Shantou 
Freezing Aquatic Product Foodstuffs Co., Shantou Jiazhou Food 
Industrial Co., Ltd., Shantou Jin Cheng Food Co., Ltd., Shantou 
Jintai Aquatic Product Industrial Co., Ltd., Shantou Li An Plastic 
Products Co. Ltd., Shantou Longsheng Aquatic Product Foodstuff Co., 
Ltd., Shantou Wanya Foods Fty. Co., Ltd., Thai Royal Frozen Food 
Zhanjiang Co., Ltd., Yangjiang Anyang Food Co., Ltd., Yangjiang City 
Haida Seafood Company Ltd., Yangjiang City Hongwai Seafood Company, 
Ltd., Zhangzhou Xinwanya Aquatic Product Co., Ltd., Zhangzhou 
Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science 
and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co., 
Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Longwei 
Aquatic Products Industry Co., Ltd., Zhanjiang Universal Seafood 
Corp., Zhanjiang Newpro Foods Co., Ltd., Zhaoan Yangli Aquatic Co., 
Ltd.
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Public Comment

    Interested parties may submit case briefs or other written comments 
to the Assistant Secretary for Enforcement and Compliance no later than 
30 days after the date of publication of this notice \13\ and may 
submit rebuttal briefs no later than five days after the written 
comments are filed.\14\ Rebuttal briefs may respond only to arguments 
raised in case briefs and should identify the argument to which it is 
responding.\15\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any brief submitted to the 
Department. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date 
of publication of this notice.
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    \13\ See 19 CFR 351.309(c)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\16\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues 
you intend to present at the hearing. Oral presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.\17\ The Department 
intends to issue the final results of this administrative review, 
including the results of our analysis of issues raised in the written 
comments, within 120 days of publication of these preliminary results 
in the Federal Register, unless that time period is extended pursuant 
to section 751(a)(3)(A) of the Act.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. The 
Department announced a refinement to its assessment practice in non-
market economy (``NME'') cases.\18\ Pursuant to this refinement in 
practice, for entries that were not reported by companies examined 
during this review, the Department will instruct CBP to liquidate such 
entries at the NME-wide rate. In addition, if the Department 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 
NME-wide rate.\19\
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    \18\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \19\ Id., 76 FR 65694.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters that received a 
separate rate in a prior segment of this proceeding that are not listed 
in footnote 12, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate 
(including the firms listed in footnote 12), the cash deposit rate will 
be the existing rate for the PRC-wide entity; and (3) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a preliminary reminder to the 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, 19 CFR 351.221(b)(4).

    Dated: September 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21828 Filed 9-11-14; 8:45 am]
BILLING CODE 3510-DS-P

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