Certain Frozen Warmwater Shrimp From the People's Republic of China: Notice of Final Results and Rescission, in Part, of 2004/2006 Antidumping Duty Administrative and New Shipper Reviews, 52049-52052 [07-4495]
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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Notice of Final Results and Rescission,
in Part, of 2004/2006 Antidumping Duty
Administrative and New Shipper
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2007, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its administrative and new
shipper reviews of the antidumping
duty order on certain frozen warmwater
shrimp from the People’s Republic of
China (‘‘PRC’’). See Certain Frozen
Warmwater Shrimp From the People’s
Republic of China: Preliminary Results
and Partial Rescission of the 2004/2006
Administrative Review and Preliminary
Intent To Rescind 2004/2006 New
Shipper Review, 72 FR 10645 (March 9,
2007) (Preliminary Results). Based on
our analysis of the record, including
information obtained since the
preliminary results, we have made
changes to the margin calculations for
Yelin Enterprise Co. Hong Kong, and its
affiliates. See Final Results of Review
section, below.
EFFECTIVE DATE: September 12, 2007.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton or Erin Begnal, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1386 or (202) 482–
1442, respectively.
AGENCY:
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Background
On March 9, 2007, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of its
administrative and new shipper reviews
of the antidumping duty order on
certain frozen warmwater shrimp from
the PRC, and invited parties to comment
on the preliminary results. See
Preliminary Results. The administrative
review covers the following companies:
(1) Yelin Enterprise Co., Ltd. Hong Kong
(‘‘Yelin’’); (2) Allied Pacific Aquatic
Products (Zhangjiang) Co., Ltd. (‘‘Allied
Pacific (Zhangjiang)’’); (3) Allied Pacific
(H.K.) Co., Ltd. (‘‘Allied Pacific Hong
Kong’’); (4) Shantou Red Garden
Foodstuff/Shantou Red Garden Food
Processing Co. (collectively, ‘‘Red
Garden’’), (5) Meizhou Aquatic Products
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Quick-Frozen Industry Co., Ltd.
(‘‘Meizhou’’); (6) Zhoushan Huading
Seafood Co., Ltd. (‘‘Huading’’); (7) Asian
Seafoods (Zhanjiang) Co. (‘‘Asian
Seafoods’’); and (8) Zhanjiang Evergreen
Aquatic Product Science and
Technology Co., Ltd. (‘‘Evergreen’’). The
new shipper review covers one
producer/exporter: Hai Li Aquatic Co.,
Ltd. Zhao An, Fujian (‘‘Hai Li’’). See
Preliminary Results. The period of
review (‘‘POR’’) for both the
administrative and new shipper reviews
is July 16, 2004, through January 31,
2006.
On March 22, 2007, we issued a
supplemental questionnaire to Yelin,
and received Yelin’s response on April
5, 2007. On April 16, 2007, we received
a case brief on behalf of the petitioner,
the Ad Hoc Shrimp Trade Action
Committee, re-submitted on April 30,
2007.1 In addition, we received a case
brief on behalf of Asian Seafoods on
April 23, 2007. Additionally, we
received a case brief on behalf of Allied
Pacific Food (Dalian) Co., Ltd., Allied
Pacific Aquatic Products (Zhanjiang)
Co., Ltd., Zhanjiang Allied Pacific
Aquaculture Co., Ltd., Allied Pacific
(H.K.) Co., Ltd., and King Royal
Investments, Ltd., (collectively, ‘‘Allied
Pacific Group’’) on April 23, 2007. We
also received a case brief on behalf of
Yelin Enterprise Co. Hong Kong and its
affiliates, Shantou Yelin Frozen Seafood
Co., Ltd., Yangjiang City Yelin Hoi Tat
Quick Frozen Seafood Co., Ltd., Fuqing
Yihua Aquatic Food Co., Ltd., Fuqing
Minhua Trading Co., Ltd., and Ocean
Duke Corporation (collectively, ‘‘Yelin’’)
on April 23, 2007. We also received a
case brief on April 23, 2007, on behalf
of Zhanjiang Guolian Aquatic Products
Co., Ltd., an interested party. On May 7,
2007, and on May 8, 2007, we received
rebuttal briefs from the petitioner, Asian
Seafoods, and Yelin.
Scope of the Order
The scope of this order includes
certain frozen warmwater shrimp and
prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,2
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this investigation, regardless of
1 On April 26, 2007, the Department requested
that the petitioner re-submit its case brief to correct
for bracketing. See Memorandum to the File From
Christopher D. Riker, Program Manager, AD/CVD
Operations, Office 9, dated April 26, 2007.
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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52049
definitions in the Harmonized Tariff
Schedule of the United States (‘‘HTS’’),
are products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any
count size.
The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
notialis), southern rough shrimp
(Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue
shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this
investigation. In addition, food
preparations, which are not ‘‘prepared
meals,’’ that contain more than 20
percent by weight of shrimp or prawn
are also included in the scope of this
investigation.
Excluded from the scope are: (1)
Breaded shrimp and prawns ( HTS
subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled (HTS
subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) Lee Kum Kee’s shrimp
sauce; (7) canned warmwater shrimp
and prawns (HTS subheading
1605.20.10.40); (8) certain dusted
shrimp; and (9) certain battered shrimp.
Dusted shrimp is a shrimp-based
product: (1) That is produced from fresh
(or thawed-from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer
of rice or wheat flour of at least 95
percent purity has been applied; (3)
with the entire surface of the shrimp
flesh thoroughly and evenly coated with
the flour; (4) with the non-shrimp
content of the end product constituting
between four and 10 percent of the
product’s total weight after being
dusted, but prior to being frozen; and (5)
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that is subjected to individually quick
frozen (‘‘IQF’’) freezing immediately
after application of the dusting layer.
Battered shrimp is a shrimp-based
product that, when dusted in
accordance with the definition of
dusting above, is coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
The products covered by this
investigation are currently classified
under the following HTS subheadings:
0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12,
0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24,
0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. These
HTS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
this investigation is dispositive.
jlentini on PROD1PC65 with NOTICES
Separate Rates
Yelin, Allied Pacific (Hong Kong),
Allied Pacific (Zhanjiang), and
Evergreen have requested separate,
company-specific antidumping duty
rates. In our preliminary results, we
found that they had each met the
criteria for the application of a separate
antidumping duty rate. See Preliminary
Results. We have not received any
information since the Preliminary
Results with respect to Yelin, Allied
Pacific (Hong Kong), Allied Pacific
(Zhanjiang), and Evergreen which
would warrant reconsideration of our
separate-rates determinations with
respect to these companies. Therefore,
for these final results, we will continue
to calculate company-specific separate
rates for these respondents.
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind the administrative review with
respect to several companies that
indicated they did not export certain
frozen warmwater shrimp to the United
States during the POR. Those companies
are: Baofa Aquatic Products Co., Ltd.;
Guangzhou Lingshan Aquatic Products;
Ruian Huasheng Aquatic Products;
Sealord North America; Shantou Ocean
Freezing Industry and Trade General
Corporation; Spectrum Plastics; Taizhou
Zhonghuan Industrial Co., Ltd.; Yantai
Xinlai Trade; Zhejiang Daishan Baofa
Aquatic Products Co., Ltd.; Zhejiang
Evernew Seafood Co., Ltd.; Zhejiang
Zhenlong Foodstuffs Co., Ltd.;
Zhoushan Guotai Aquatic Products Co.,
Ltd. (AKA Zhoushan Guotai Fisheries
Co., Ltd.); Zhoushan Haichang Food Co.;
Zhoushan Industrial Co., Ltd.;
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18:43 Sep 11, 2007
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Zhoushan Putuo Huafa Sea Products
Co., Ltd.; and Zhoushan Zhenyang
Developing Co., Ltd.
The Department is also rescinding the
administrative review with respect to
the following entities because the
Department’s quantity and value
questionnaires sent to these companies
were returned with undeliverable
addresses: Allied Pacific Food; Allied
Pacific Aquatic Products (Zhongshan)
Co., Ltd.;3 Dhin Foong Trdg; Dongri
Aquatic Products Freezing Plants
Shengping; Dongshan Xinhefa Food;
Evergreen Aquatic Product Science and
Technology; Formosa Plastics; Fuchang
Trdg; Fuqing City Dongyi Trdg; Fuqing
Chaohui Aquatic Food Co., Ltd., Fuqing
Chaohui Aquatic Food Trdg.; Fuqing
Dongyi Trading; Fuqing Fuchang
Trading; Fuqing Longwei Aquatic
Foodstuff; Fuqing Xuhu Aquatic Food
Trdg; Gaomi Shenyuan Foodstuff;
Guangxi Lian Chi Home Appliance Co;
Hainan Jiadexin Aquatic Products Co.,
Ltd.; I T Logistics; Juxian Zhonglu
Foodstuffs; Logistics Harbour Dock;
Longwei Aquatic Foodstuff; Master
International Logistics; Meizhou
Aquatic Products; Nichi Lan Food Co.
Ltd. Chen Hai; P&T International
Trading; Perfection Logistics Service;
Phoenix Seafood; Putuo Fahua Aquatic
Products Co., Ltd.; Qingdao Dayang Jian
Foodstuffs; Qinhuangdao Jiangxin
Aquatic Food; Round the Ocean
Logistics; Seatrade International;
Second Aquatic Food; Second Aquatic
Foodstuffs Fty; Shandong Chengshun
Farm Produce Trd; Shandong Sanfod
Group; Shantou Junyuan Pingyuan
Foreign Trading; Shantou Sez Xuhoa
Fastness Freeze Aquatic Factory; South
Bay Intl; Taizhou Lingyang Aquatic
Products Co., Ltd.; Tianhe Hardware &
Rigging; Xiamen Sungiven Imports &
Exports; Yantai Guangyuan Foods Co;
Yantai Xuehai Foodstuffs; Yelin Frozen
Seafood Co.; Zhanjiang CNF Sea
Products Engineering, Ltd; Zhanjiang
Fuchang Aquatic Products; Zhanjiang
Jebshin Seafood Limited; Zhanjiang
Shunda Aquatic Products; Zhejiang
Zhongda; Zhejiang Taizhou Lingyang
Aquatic Products Co.; Zhoushan
Guangzhou Aquatic Products Co., Ltd.;
Zhoushan International Trade Co., Ltd.;
Zhoushan Provisions & Oil Food Export
and Import Co., Ltd.; Zhoushan Xi’an
Aquatic Products Co., Ltd.; and ZJ CNF
Sea Products Engineering, Ltd. The
Department sent quantity and value
questionnaires to each of these
companies twice, but the questionnaires
were returned with undeliverable
addresses. Additionally, the Department
sent these questionnaires to the
Chamber of Commerce and Ministry of
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Commerce of the People’s Republic of
China, requesting them to forward these
questionnaires to the companies, but the
Department received no response. See
Memorandum to the File from
Christopher D. Riker, Program Manager,
AD/CVD Operations Office 9, R.E.:
2004/2006 Administrative Review of
Certain Frozen Warmwater Shrimp from
the People’s Republic of China, Subject:
Inability to Contact Certain Companies
Included in the Notice of Initiation.
Therefore, the Department is rescinding
the review with respect to these
companies, in accordance with our
practice. See Certain Steel Concrete
Reinforcing Bars from Turkey:
Preliminary results and Partial
Rescission of Antidumping Duty
Administrative Review, 71 FR 26455,
26457 (May 5, 2006).
Additionally, consistent with section
351.214(j) of the Department’s
regulations, the Department is
rescinding the administrative review of
Zhanjiang Regal because the Department
has already reviewed all of the
company’s sales which were made
during the POR in the context of a new
shipper review. See Certain Frozen
Warmwater Shrimp From the People’s
Republic of China: Final Results of the
Antidumping Duty New Shipper Review,
71 FR 70362 (December 4, 2006).
Furthermore, the Department is
rescinding the administrative review of
Shantou City Qiaofeng Group as this is
the same company, but with a different
name, as a company for which the
administrative review has already been
rescinded (i.e., Chaoyang Qiaofeng
Group Co., Ltd.). See Memorandum to
the File, through Christopher D. Riker,
Program Manager, AD/CVD
Enforcement, Office 9, from Michael
Quigley, Case Analyst, AD/CVD
Enforcement, Office 9, regarding 2004/
2006 Administrative Review of Certain
Frozen Warmwater Shrimp from the
People’s Republic of China: Shantou
City Qiaofeng Group (August 16, 2006).
The Department received no comments
on these issues, and we did not receive
any further information since the
issuance of the Preliminary Results that
provides a basis for reconsideration of
these determinations.
Bona Fide Sale Analysis—Asian
Seafoods & Hai Li
The Department also preliminarily
rescinded the administrative review of
Asian Seafoods and Hai Li due to the
Department finding that the single sales
made during the POR were not bona
fide. The Department received
comments from Asian Seafoods and the
petitioner regarding the Department’s
preliminary bona fides determination
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with respect to Asian Seafoods, and for
the reasons stated below, we continue to
find that Asian Seafood’s reported U.S.
sale during the POR does not appear to
be a bona fide sale, based on the totality
of the facts on the record. See, e.g.,
Glycine From The People’s Republic of
China: Rescission of Antidumping Duty
New Shipper Review of Hebei New
Donghua Amino Acid Co., Ltd., 69 FR
47405, 47406 (August 5, 2004).
Specifically, we find that: (1) The sales
price of Asian Seafoods’ single POR
sale; (2) irregularities relating to its
customer correspondence; (3) atypical
terms for the POR sale, and finally; (4)
other indicia of a non-bona fide
transaction, all demonstrate that the
single sale under review was not bona
fide. Therefore, this sale does not
provide a reasonable or reliable basis for
calculating a dumping margin.
Additionally, the Department
received comments from Hai Li and the
petitioner regarding the Department’s
preliminary bona fides determination
with regard to Hai Li, and for the
reasons stated below, we continue to
find that Hai Li’s reported U.S. sale
during the POR does not appear to be
a bona fide sale, based on the totality of
the facts on the record. See, e.g., Glycine
From The People’s Republic of China:
Rescission of Antidumping Duty New
Shipper Review of Hebei New Donghua
Amino Acid Co., Ltd., 69 FR 47405,
47406 (August 5, 2004). Specifically, we
continue to find that: (1) The difference
in the sales price of Hai Li’s single POR
sale as compared to the average unit
value of suspended entries derived from
CBP data; (2) the involvement of
unaffiliated parties in Hai Li’s single
POR sale; (3) irregularities relating to
packing materials, and finally, (4) other
indicia of a non-bona fide transaction,
all demonstrate that the single sale
under review was not bona fide.
Therefore, this sale does not provide a
reasonable or reliable basis for
calculating a dumping margin.
For the reasons mentioned above, the
Department finds that Asian Seafood’s
and Hai Li’s single U.S. sales during the
POR were not bona fide commercial
transactions and is rescinding the
administrative review of Asian
Seafoods, and the new shipper review of
Hai Li. For a more detailed analysis, see
Memorandum to David Spooner,
Assistant Secretary for Import
Administration, from Gary Taverman,
Acting Deputy Assistant Secretary for
Import Administration, regarding Issues
and Decision Memorandum for the
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18:43 Sep 11, 2007
Jkt 211001
Final Results of 2004/2006
Antidumping Duty Administrative and
New Shipper Reviews of Certain Frozen
Warmwater Shrimp from the People’s
Republic of China (September 5, 2007)
(‘‘Issues and Decision Memorandum’’)
at Comments 16 and 17.
Adverse Facts Available—Red Garden,
Meizhou and Zhoushan Huading
For purposes of the Preliminary
Results, the Department applied facts
available to sales by Red Garden,
Meizhou and Zhoushan Huading. No
comments on this determination were
submitted by any interested party.
Therefore, for the reasons stated above,
we find it appropriate, pursuant to
sections 776(a)(2)(D) and 776(b) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), to use adverse facts available
(‘‘AFA’’) as the basis for the final results
of review for Red Garden, Meizhou, and
Zhoushan Huading, which are part of
the PRC-wide entity, as the Department
was unable to verify their questionnaire
responses concerning their eligibility for
a separate rate. Consistent with the
statute, court precedent, and its normal
practice, the Department has assigned
the rate of 112.81 percent to the PRCwide entity (including Red Garden,
Meizhou, and Huading), the highest rate
from the petition in the LTFV
investigation. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp From the People’s Republic of
China, 70 FR 5149 (February 1, 2005).
As discussed further below, this rate has
been corroborated.
Furthermore, because Huading
terminated verification and we found
reimbursement of antidumping duties,
the Department assigned Huading a rate
inclusive of the PRC-wide entity rate
and the reimbursement adjustment, or
225.62 percent. No comments were
received regarding this determination.
Corroboration of Secondary
Information
Section 776(c) of the Act requires that
the Department corroborate, to the
extent practicable, a figure which it
applies as facts available. To be
considered corroborated, information
must be found to be both reliable and
relevant. We are applying as AFA the
highest rate from any segment of this
administrative proceeding, which is the
rate currently applicable to all exporters
subject to the PRC-wide rate. The AFA
rate in the current review (i.e., the PRC-
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52051
wide rate of 112.81 percent) represents
the highest rate from the petition in the
less than fair value (‘‘LTFV’’)
investigation. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp From the People’s Republic of
China, 70 FR 5149 (February 1, 2005).
For purposes of corroboration, the
Department will consider whether that
margin is both reliable and relevant. The
AFA rate we are applying for the current
review was corroborated in the LTFV
investigation. See, e.g., Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Frozen and Canned
Warmwater Shrimp From the People’s
Republic of China, 69 FR 70997
(December 8, 2004). This is the first
administrative review of this
antidumping duty order. No information
has been presented in the current
review that calls into question the
reliability of this information.
Analysis of Comments Received
In the case and rebuttal briefs
received from the parties after the
Preliminary Results, we received
comments on several issues, including
the surrogate values used to value raw
shrimp, shrimp feed, overhead, selling,
general and administrative expenses,
and profit. All issues raised in the case
briefs are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum on file in the
Central Records Unit (‘‘CRU’’), room B–
099 of the Herbert C. Hoover Building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made
changes to the margin calculation for
Yelin.
Final Results of Review
We determine that the following
antidumping duty margins exist:
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CERTAIN FROZEN WARMWATER SHRIMP FROM THE PRC
Weighted-average
margin
(percent)
Manufacturer/exporter
Yelin Enterprise Co. Hong Kong .............................................................................................................................................
Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd ............................................................................................................
Allied Pacific (H.K.) Co. Ltd .....................................................................................................................................................
Zhanjiang Evergreen Aquatic Product Science and Technology Co. Ltd ...............................................................................
Zhoushan Huading Seafood Co., Ltd ......................................................................................................................................
PRC-wide Rate (including Red Garden and Meizhou) ...........................................................................................................
0.44
4 53.68
53.68
53.68
225.62
112.81
4 See Preliminary Results at 10654–10655 for a discussion of how the Department determined the separate rate margin for cooperative
companies.
Assessment of Antidumping Duties
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 these final results of
review. For assessment purposes for
companies with a calculated rate, where
possible, we calculated importerspecific assessment rates for certain
frozen warmwater shrimp from the PRC
via ad valorem duty assessment rates
based on the ratio of the total amount of
the dumping margins calculated for the
examined sales to the total entered
value of those same sales during the
POR. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review.
jlentini on PROD1PC65 with NOTICES
For details on the calculation of the
antidumping duty margin for Yelin, see
Memorandum to the File, through Scot
T. Fullerton, Program Manager, from
Erin C. Begnal, Senior International
Trade Analyst, regarding Certain Frozen
Warmwater Shrimp from the People’s
Republic of China—Analysis
Memorandum for the Final Results of
Administrative Review of Yelin
Enterprise Co. Hong Kong (September 5,
2007). A public version of this
memorandum is on file in the Central
Records Unit.
assigned in that segment of the
proceeding; (3) for all other PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate (including Red Garden and
Meizhou), the cash-deposit rate will be
the PRC-wide rate of 112.81 percent; (4)
for all non-PRC exporters of subject
merchandise, the cash-deposit rate will
be the rate applicable to the PRC
exporter that supplied that exporter.
These deposit requirements, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
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 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.
These reviews and notice are in
accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Cash Deposits
The following cash-deposit
requirements will be effective upon
publication of the final results for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equivalent
to the company-specific weightedaverage margin established in this
review; (2) for PRC exporters who
received a separate rate in a prior
segment of the proceeding, but were not
reviewed in this review, the cash
deposit rate will continue to be the rate
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18:43 Sep 11, 2007
Jkt 211001
Dated: September 5, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Company-Specific Issues
Comment 9: Yelin’s Carton Consumption
Comment 10: Application of Partial Adverse
Facts Available to Yelin
Comment 11: Ocean Duke’s Reported Costs
A. Warehousing Expenses
B. Additional Ocean Duke Expenses
Comment 12: Multinational Corporation
Provision
Comment 13: Valuation of Yelin’s Purchased
Raw Shrimp
Comment 14: Treatment of Guolian Aquatic
Products
Comment 15: Treatment of Allied Pacific
Group
Comment 16: The Bona Fides of Asian
Seafoods’ Single POR Sale
A. Price
B. Irregularities Regarding the Customer
Correspondence Submitted in the
Review
C. Atypical Terms of Sale
D. Other Indicia Of Non-Bona Fide
Transaction
E. Calculation of Rate For Assessment
Purposes
F. Assignment of the PRC-Wide Rate to
Asian Seafoods
Comment 17: The Bona Fides of Hai Li’s
Single POR Sale
A. Price
B. Involvement of Third Parties in Hai Li’s
Sale
C. Irregularities Regarding Hai Li’s
Packaging Materials
D. Other Indicia of a Non-Bona Fide
Transaction
E. Calculation of Rate For Assessment
Purposes
[FR Doc. 07–4495 Filed 9–11–07; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
General Issues
Comment 1: Shrimp Feed Valuation
Comment 2: Selection of Financial
Statements
Comment 3: Adjustments to Surrogate
Financial Ratios
A. Carriage and Freight
B. Labor-Related Expenses
Comment 4: Wage Rate
Comment 5: Refrigerated Truck Freight
Valuation
Comment 6: Raw Shrimp Valuation
Comment 7: By-Product Surrogate Valuation
Comment 8: Clerical Error in Calculating the
Raw Shrimp Surrogate Value
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of the First
Antidumping Duty Administrative
Review and First New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\12SEN1.SGM
12SEN1
Agencies
[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Notices]
[Pages 52049-52052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4495]
[[Page 52049]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Notice of Final Results and Rescission, in Part, of 2004/2006
Antidumping Duty Administrative and New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its administrative
and new shipper reviews of the antidumping duty order on certain frozen
warmwater shrimp from the People's Republic of China (``PRC''). See
Certain Frozen Warmwater Shrimp From the People's Republic of China:
Preliminary Results and Partial Rescission of the 2004/2006
Administrative Review and Preliminary Intent To Rescind 2004/2006 New
Shipper Review, 72 FR 10645 (March 9, 2007) (Preliminary Results).
Based on our analysis of the record, including information obtained
since the preliminary results, we have made changes to the margin
calculations for Yelin Enterprise Co. Hong Kong, and its affiliates.
See Final Results of Review section, below.
EFFECTIVE DATE: September 12, 2007.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Erin Begnal, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1386 or (202) 482-1442, respectively.
Background
On March 9, 2007, the Department of Commerce (``the Department'')
published the preliminary results of its administrative and new shipper
reviews of the antidumping duty order on certain frozen warmwater
shrimp from the PRC, and invited parties to comment on the preliminary
results. See Preliminary Results. The administrative review covers the
following companies: (1) Yelin Enterprise Co., Ltd. Hong Kong
(``Yelin''); (2) Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd.
(``Allied Pacific (Zhangjiang)''); (3) Allied Pacific (H.K.) Co., Ltd.
(``Allied Pacific Hong Kong''); (4) Shantou Red Garden Foodstuff/
Shantou Red Garden Food Processing Co. (collectively, ``Red Garden''),
(5) Meizhou Aquatic Products Quick-Frozen Industry Co., Ltd.
(``Meizhou''); (6) Zhoushan Huading Seafood Co., Ltd. (``Huading'');
(7) Asian Seafoods (Zhanjiang) Co. (``Asian Seafoods''); and (8)
Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd.
(``Evergreen''). The new shipper review covers one producer/exporter:
Hai Li Aquatic Co., Ltd. Zhao An, Fujian (``Hai Li''). See Preliminary
Results. The period of review (``POR'') for both the administrative and
new shipper reviews is July 16, 2004, through January 31, 2006.
On March 22, 2007, we issued a supplemental questionnaire to Yelin,
and received Yelin's response on April 5, 2007. On April 16, 2007, we
received a case brief on behalf of the petitioner, the Ad Hoc Shrimp
Trade Action Committee, re-submitted on April 30, 2007.\1\ In addition,
we received a case brief on behalf of Asian Seafoods on April 23, 2007.
Additionally, we received a case brief on behalf of Allied Pacific Food
(Dalian) Co., Ltd., Allied Pacific Aquatic Products (Zhanjiang) Co.,
Ltd., Zhanjiang Allied Pacific Aquaculture Co., Ltd., Allied Pacific
(H.K.) Co., Ltd., and King Royal Investments, Ltd., (collectively,
``Allied Pacific Group'') on April 23, 2007. We also received a case
brief on behalf of Yelin Enterprise Co. Hong Kong and its affiliates,
Shantou Yelin Frozen Seafood Co., Ltd., Yangjiang City Yelin Hoi Tat
Quick Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd.,
Fuqing Minhua Trading Co., Ltd., and Ocean Duke Corporation
(collectively, ``Yelin'') on April 23, 2007. We also received a case
brief on April 23, 2007, on behalf of Zhanjiang Guolian Aquatic
Products Co., Ltd., an interested party. On May 7, 2007, and on May 8,
2007, we received rebuttal briefs from the petitioner, Asian Seafoods,
and Yelin.
---------------------------------------------------------------------------
\1\ On April 26, 2007, the Department requested that the
petitioner re-submit its case brief to correct for bracketing. See
Memorandum to the File From Christopher D. Riker, Program Manager,
AD/CVD Operations, Office 9, dated April 26, 2007.
---------------------------------------------------------------------------
Scope of the Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this investigation, regardless of definitions in the
Harmonized Tariff Schedule of the United States (``HTS''), are products
which are processed from warmwater shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this investigation. In addition,
food preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in the
scope of this investigation.
Excluded from the scope are: (1) Breaded shrimp and prawns ( HTS
subheading 1605.20.10.20); (2) shrimp and prawns generally classified
in the Pandalidae family and commonly referred to as coldwater shrimp,
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5)
dried shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (8) certain
dusted shrimp; and (9) certain battered shrimp. Dusted shrimp is a
shrimp-based product: (1) That is produced from fresh (or thawed-from-
frozen) and peeled shrimp; (2) to which a ``dusting'' layer of rice or
wheat flour of at least 95 percent purity has been applied; (3) with
the entire surface of the shrimp flesh thoroughly and evenly coated
with the flour; (4) with the non-shrimp content of the end product
constituting between four and 10 percent of the product's total weight
after being dusted, but prior to being frozen; and (5)
[[Page 52050]]
that is subjected to individually quick frozen (``IQF'') freezing
immediately after application of the dusting layer. Battered shrimp is
a shrimp-based product that, when dusted in accordance with the
definition of dusting above, is coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by this investigation are currently classified
under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this investigation
is dispositive.
Separate Rates
Yelin, Allied Pacific (Hong Kong), Allied Pacific (Zhanjiang), and
Evergreen have requested separate, company-specific antidumping duty
rates. In our preliminary results, we found that they had each met the
criteria for the application of a separate antidumping duty rate. See
Preliminary Results. We have not received any information since the
Preliminary Results with respect to Yelin, Allied Pacific (Hong Kong),
Allied Pacific (Zhanjiang), and Evergreen which would warrant
reconsideration of our separate-rates determinations with respect to
these companies. Therefore, for these final results, we will continue
to calculate company-specific separate rates for these respondents.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind the administrative review with respect to several
companies that indicated they did not export certain frozen warmwater
shrimp to the United States during the POR. Those companies are: Baofa
Aquatic Products Co., Ltd.; Guangzhou Lingshan Aquatic Products; Ruian
Huasheng Aquatic Products; Sealord North America; Shantou Ocean
Freezing Industry and Trade General Corporation; Spectrum Plastics;
Taizhou Zhonghuan Industrial Co., Ltd.; Yantai Xinlai Trade; Zhejiang
Daishan Baofa Aquatic Products Co., Ltd.; Zhejiang Evernew Seafood Co.,
Ltd.; Zhejiang Zhenlong Foodstuffs Co., Ltd.; Zhoushan Guotai Aquatic
Products Co., Ltd. (AKA Zhoushan Guotai Fisheries Co., Ltd.); Zhoushan
Haichang Food Co.; Zhoushan Industrial Co., Ltd.; Zhoushan Putuo Huafa
Sea Products Co., Ltd.; and Zhoushan Zhenyang Developing Co., Ltd.
The Department is also rescinding the administrative review with
respect to the following entities because the Department's quantity and
value questionnaires sent to these companies were returned with
undeliverable addresses: Allied Pacific Food; Allied Pacific Aquatic
Products (Zhongshan) Co., Ltd.;\3\ Dhin Foong Trdg; Dongri Aquatic
Products Freezing Plants Shengping; Dongshan Xinhefa Food; Evergreen
Aquatic Product Science and Technology; Formosa Plastics; Fuchang Trdg;
Fuqing City Dongyi Trdg; Fuqing Chaohui Aquatic Food Co., Ltd., Fuqing
Chaohui Aquatic Food Trdg.; Fuqing Dongyi Trading; Fuqing Fuchang
Trading; Fuqing Longwei Aquatic Foodstuff; Fuqing Xuhu Aquatic Food
Trdg; Gaomi Shenyuan Foodstuff; Guangxi Lian Chi Home Appliance Co;
Hainan Jiadexin Aquatic Products Co., Ltd.; I T Logistics; Juxian
Zhonglu Foodstuffs; Logistics Harbour Dock; Longwei Aquatic Foodstuff;
Master International Logistics; Meizhou Aquatic Products; Nichi Lan
Food Co. Ltd. Chen Hai; P&T International Trading; Perfection Logistics
Service; Phoenix Seafood; Putuo Fahua Aquatic Products Co., Ltd.;
Qingdao Dayang Jian Foodstuffs; Qinhuangdao Jiangxin Aquatic Food;
Round the Ocean Logistics; Seatrade International; Second Aquatic Food;
Second Aquatic Foodstuffs Fty; Shandong Chengshun Farm Produce Trd;
Shandong Sanfod Group; Shantou Junyuan Pingyuan Foreign Trading;
Shantou Sez Xuhoa Fastness Freeze Aquatic Factory; South Bay Intl;
Taizhou Lingyang Aquatic Products Co., Ltd.; Tianhe Hardware & Rigging;
Xiamen Sungiven Imports & Exports; Yantai Guangyuan Foods Co; Yantai
Xuehai Foodstuffs; Yelin Frozen Seafood Co.; Zhanjiang CNF Sea Products
Engineering, Ltd; Zhanjiang Fuchang Aquatic Products; Zhanjiang Jebshin
Seafood Limited; Zhanjiang Shunda Aquatic Products; Zhejiang Zhongda;
Zhejiang Taizhou Lingyang Aquatic Products Co.; Zhoushan Guangzhou
Aquatic Products Co., Ltd.; Zhoushan International Trade Co., Ltd.;
Zhoushan Provisions & Oil Food Export and Import Co., Ltd.; Zhoushan
Xi'an Aquatic Products Co., Ltd.; and ZJ CNF Sea Products Engineering,
Ltd. The Department sent quantity and value questionnaires to each of
these companies twice, but the questionnaires were returned with
undeliverable addresses. Additionally, the Department sent these
questionnaires to the Chamber of Commerce and Ministry of Commerce of
the People's Republic of China, requesting them to forward these
questionnaires to the companies, but the Department received no
response. See Memorandum to the File from Christopher D. Riker, Program
Manager, AD/CVD Operations Office 9, R.E.: 2004/2006 Administrative
Review of Certain Frozen Warmwater Shrimp from the People's Republic of
China, Subject: Inability to Contact Certain Companies Included in the
Notice of Initiation. Therefore, the Department is rescinding the
review with respect to these companies, in accordance with our
practice. See Certain Steel Concrete Reinforcing Bars from Turkey:
Preliminary results and Partial Rescission of Antidumping Duty
Administrative Review, 71 FR 26455, 26457 (May 5, 2006).
Additionally, consistent with section 351.214(j) of the
Department's regulations, the Department is rescinding the
administrative review of Zhanjiang Regal because the Department has
already reviewed all of the company's sales which were made during the
POR in the context of a new shipper review. See Certain Frozen
Warmwater Shrimp From the People's Republic of China: Final Results of
the Antidumping Duty New Shipper Review, 71 FR 70362 (December 4,
2006). Furthermore, the Department is rescinding the administrative
review of Shantou City Qiaofeng Group as this is the same company, but
with a different name, as a company for which the administrative review
has already been rescinded (i.e., Chaoyang Qiaofeng Group Co., Ltd.).
See Memorandum to the File, through Christopher D. Riker, Program
Manager, AD/CVD Enforcement, Office 9, from Michael Quigley, Case
Analyst, AD/CVD Enforcement, Office 9, regarding 2004/2006
Administrative Review of Certain Frozen Warmwater Shrimp from the
People's Republic of China: Shantou City Qiaofeng Group (August 16,
2006). The Department received no comments on these issues, and we did
not receive any further information since the issuance of the
Preliminary Results that provides a basis for reconsideration of these
determinations.
Bona Fide Sale Analysis--Asian Seafoods & Hai Li
The Department also preliminarily rescinded the administrative
review of Asian Seafoods and Hai Li due to the Department finding that
the single sales made during the POR were not bona fide. The Department
received comments from Asian Seafoods and the petitioner regarding the
Department's preliminary bona fides determination
[[Page 52051]]
with respect to Asian Seafoods, and for the reasons stated below, we
continue to find that Asian Seafood's reported U.S. sale during the POR
does not appear to be a bona fide sale, based on the totality of the
facts on the record. See, e.g., Glycine From The People's Republic of
China: Rescission of Antidumping Duty New Shipper Review of Hebei New
Donghua Amino Acid Co., Ltd., 69 FR 47405, 47406 (August 5, 2004).
Specifically, we find that: (1) The sales price of Asian Seafoods'
single POR sale; (2) irregularities relating to its customer
correspondence; (3) atypical terms for the POR sale, and finally; (4)
other indicia of a non-bona fide transaction, all demonstrate that the
single sale under review was not bona fide. Therefore, this sale does
not provide a reasonable or reliable basis for calculating a dumping
margin.
Additionally, the Department received comments from Hai Li and the
petitioner regarding the Department's preliminary bona fides
determination with regard to Hai Li, and for the reasons stated below,
we continue to find that Hai Li's reported U.S. sale during the POR
does not appear to be a bona fide sale, based on the totality of the
facts on the record. See, e.g., Glycine From The People's Republic of
China: Rescission of Antidumping Duty New Shipper Review of Hebei New
Donghua Amino Acid Co., Ltd., 69 FR 47405, 47406 (August 5, 2004).
Specifically, we continue to find that: (1) The difference in the sales
price of Hai Li's single POR sale as compared to the average unit value
of suspended entries derived from CBP data; (2) the involvement of
unaffiliated parties in Hai Li's single POR sale; (3) irregularities
relating to packing materials, and finally, (4) other indicia of a non-
bona fide transaction, all demonstrate that the single sale under
review was not bona fide. Therefore, this sale does not provide a
reasonable or reliable basis for calculating a dumping margin.
For the reasons mentioned above, the Department finds that Asian
Seafood's and Hai Li's single U.S. sales during the POR were not bona
fide commercial transactions and is rescinding the administrative
review of Asian Seafoods, and the new shipper review of Hai Li. For a
more detailed analysis, see Memorandum to David Spooner, Assistant
Secretary for Import Administration, from Gary Taverman, Acting Deputy
Assistant Secretary for Import Administration, regarding Issues and
Decision Memorandum for the Final Results of 2004/2006 Antidumping Duty
Administrative and New Shipper Reviews of Certain Frozen Warmwater
Shrimp from the People's Republic of China (September 5, 2007)
(``Issues and Decision Memorandum'') at Comments 16 and 17.
Adverse Facts Available--Red Garden, Meizhou and Zhoushan Huading
For purposes of the Preliminary Results, the Department applied
facts available to sales by Red Garden, Meizhou and Zhoushan Huading.
No comments on this determination were submitted by any interested
party. Therefore, for the reasons stated above, we find it appropriate,
pursuant to sections 776(a)(2)(D) and 776(b) of the Tariff Act of 1930,
as amended (``the Act''), to use adverse facts available (``AFA'') as
the basis for the final results of review for Red Garden, Meizhou, and
Zhoushan Huading, which are part of the PRC-wide entity, as the
Department was unable to verify their questionnaire responses
concerning their eligibility for a separate rate. Consistent with the
statute, court precedent, and its normal practice, the Department has
assigned the rate of 112.81 percent to the PRC-wide entity (including
Red Garden, Meizhou, and Huading), the highest rate from the petition
in the LTFV investigation. See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp From the People's Republic of China, 70 FR 5149
(February 1, 2005). As discussed further below, this rate has been
corroborated.
Furthermore, because Huading terminated verification and we found
reimbursement of antidumping duties, the Department assigned Huading a
rate inclusive of the PRC-wide entity rate and the reimbursement
adjustment, or 225.62 percent. No comments were received regarding this
determination.
Corroboration of Secondary Information
Section 776(c) of the Act requires that the Department corroborate,
to the extent practicable, a figure which it applies as facts
available. To be considered corroborated, information must be found to
be both reliable and relevant. We are applying as AFA the highest rate
from any segment of this administrative proceeding, which is the rate
currently applicable to all exporters subject to the PRC-wide rate. The
AFA rate in the current review (i.e., the PRC-wide rate of 112.81
percent) represents the highest rate from the petition in the less than
fair value (``LTFV'') investigation. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater Shrimp From the People's Republic of
China, 70 FR 5149 (February 1, 2005).
For purposes of corroboration, the Department will consider whether
that margin is both reliable and relevant. The AFA rate we are applying
for the current review was corroborated in the LTFV investigation. See,
e.g., Notice of Final Determination of Sales at Less Than Fair Value:
Certain Frozen and Canned Warmwater Shrimp From the People's Republic
of China, 69 FR 70997 (December 8, 2004). This is the first
administrative review of this antidumping duty order. No information
has been presented in the current review that calls into question the
reliability of this information.
Analysis of Comments Received
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on several issues, including
the surrogate values used to value raw shrimp, shrimp feed, overhead,
selling, general and administrative expenses, and profit. All issues
raised in the case briefs are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues raised, all of which are in the Issues and Decision Memorandum,
is attached to this notice as Appendix I. Parties can find a complete
discussion of all issues raised in the briefs and the corresponding
recommendations in this public memorandum on file in the Central
Records Unit (``CRU''), room B-099 of the Herbert C. Hoover Building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the Web at https://ia.ita.doc.gov. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculation for Yelin.
Final Results of Review
We determine that the following antidumping duty margins exist:
[[Page 52052]]
Certain Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin (percent)
------------------------------------------------------------------------
Yelin Enterprise Co. Hong Kong.................... 0.44
Allied Pacific Aquatic Products (Zhangjiang) Co., \4\ 53.68
Ltd..............................................
Allied Pacific (H.K.) Co. Ltd..................... 53.68
Zhanjiang Evergreen Aquatic Product Science and 53.68
Technology Co. Ltd...............................
Zhoushan Huading Seafood Co., Ltd................. 225.62
PRC-wide Rate (including Red Garden and Meizhou).. 112.81
------------------------------------------------------------------------
\4\ See Preliminary Results at 10654-10655 for a discussion of how the
Department determined the separate rate margin for cooperative
companies.
For details on the calculation of the antidumping duty margin for
Yelin, see Memorandum to the File, through Scot T. Fullerton, Program
Manager, from Erin C. Begnal, Senior International Trade Analyst,
regarding Certain Frozen Warmwater Shrimp from the People's Republic of
China--Analysis Memorandum for the Final Results of Administrative
Review of Yelin Enterprise Co. Hong Kong (September 5, 2007). A public
version of this memorandum is on file in the Central Records Unit.
Assessment of Antidumping Duties
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
these final results of review. For assessment purposes for companies
with a calculated rate, where possible, we calculated importer-specific
assessment rates for certain frozen warmwater shrimp from the PRC via
ad valorem duty assessment rates based on the ratio of the total amount
of the dumping margins calculated for the examined sales to the total
entered value of those same sales during the POR. We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of the final results for shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be equivalent to the company-specific weighted-
average margin established in this review; (2) for PRC exporters who
received a separate rate in a prior segment of the proceeding, but were
not reviewed in this review, the cash deposit rate will continue to be
the rate assigned in that segment of the proceeding; (3) for all other
PRC exporters of subject merchandise which have not been found to be
entitled to a separate rate (including Red Garden and Meizhou), the
cash-deposit rate will be the PRC-wide rate of 112.81 percent; (4) for
all non-PRC exporters of subject merchandise, the cash-deposit rate
will be the rate applicable to the PRC exporter that supplied that
exporter.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
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 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.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 5, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Shrimp Feed Valuation
Comment 2: Selection of Financial Statements
Comment 3: Adjustments to Surrogate Financial Ratios
A. Carriage and Freight
B. Labor-Related Expenses
Comment 4: Wage Rate
Comment 5: Refrigerated Truck Freight Valuation
Comment 6: Raw Shrimp Valuation
Comment 7: By-Product Surrogate Valuation
Comment 8: Clerical Error in Calculating the Raw Shrimp Surrogate
Value
Company-Specific Issues
Comment 9: Yelin's Carton Consumption
Comment 10: Application of Partial Adverse Facts Available to Yelin
Comment 11: Ocean Duke's Reported Costs
A. Warehousing Expenses
B. Additional Ocean Duke Expenses
Comment 12: Multinational Corporation Provision
Comment 13: Valuation of Yelin's Purchased Raw Shrimp
Comment 14: Treatment of Guolian Aquatic Products
Comment 15: Treatment of Allied Pacific Group
Comment 16: The Bona Fides of Asian Seafoods' Single POR Sale
A. Price
B. Irregularities Regarding the Customer Correspondence
Submitted in the Review
C. Atypical Terms of Sale
D. Other Indicia Of Non-Bona Fide Transaction
E. Calculation of Rate For Assessment Purposes
F. Assignment of the PRC-Wide Rate to Asian Seafoods
Comment 17: The Bona Fides of Hai Li's Single POR Sale
A. Price
B. Involvement of Third Parties in Hai Li's Sale
C. Irregularities Regarding Hai Li's Packaging Materials
D. Other Indicia of a Non-Bona Fide Transaction
E. Calculation of Rate For Assessment Purposes
[FR Doc. 07-4495 Filed 9-11-07; 8:45 am]
BILLING CODE 3510-DS-P