Certain Frozen Warmwater Shrimp From India: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review, 9991-10000 [E9-4920]
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connection with these preliminary
results within five days of the date of
publication of this notice. See 19 CFR
351.224(b). Interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. See 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs. See 19 CFR 351.309(d)(1).
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: 1) a statement of the issue; 2)
a brief summary of the argument; and 3)
a table of authorities.
Interested parties, who wish to
request a hearing or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Import Administration, HCHB Room
1870, within 30 days of the date of
publication of this notice. Requests
should contain: 1) the party’s name,
address and telephone number; 2) the
number of participants; and 3) a list of
issues to be discussed. See 19 CFR
351.310(c). Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
The Department will issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries, in accordance with 19 CFR
351.212. The Department will issue
appropriate appraisement instructions
for the companies subject to this review
directly to CBP 15 days after the date of
publication of the final results of this
review.
Regarding Promarisco, because it
reported the entered value of all of its
U.S. sales, we will calculate an
importer–specific ad valorem duty
assessment rate based on the ratio of the
total amount of antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales for that importer. We will calculate
a single importer–specific assessment
rate for Promarisco, consistent with our
practice in AR2 Final Results; see also
Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and
Singapore: Final Results of the
Antidumping Administrative Reviews,
Rescission of Administrative Review in
part, and Determination Not to Revoke
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Order in Part, 68 FR 35623 (June 16,
2003), and accompanying Issues and
Decision Memorandum at Comment 9B;
Notice of Final Results of Antidumping
Duty Administrative Review and Notice
of Final Results of Antidumping Duty
Changed Circumstances Review: Certain
Softwood Lumber Products From
Canada, 69 FR 75921 (December 20,
2004), and accompanying Issues and
Decision Memorandum at Comment 13.
Regarding Songa, because it reported
the entered value of all of its U.S. sales,
we will calculate importer–specific ad
valorem duty assessment rates based on
the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the examined sales for that
importer.
For the responsive companies which
were not selected for individual
examination, we will calculate an
assessment rate based on the weighted
average of the margin rates calculated
for the companies selected for
individual examination excluding any
which are de minimis or determined
entirely on AFA.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer–specific or customer–specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., at or above 0.50 percent).
Pursuant to 19 CFR 351.106(c)(2), we
will instruct CBP to liquidate without
regard to antidumping duties any
entries for which the assessment rate is
de minimis (i.e., less than 0.50 percent).
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate in effect during the POR if
there is no rate for the intermediary
involved in the transaction. See
Assessment Policy Notice for a full
discussion of this clarification.
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Cash Deposit Requirements
On August 15, 2007, in accordance
with sections 129(b)(4) and 129(c)(1)(B)
of the Uruguay Round Agreements Act
(URAA), the U.S. Trade Representative,
after consulting with the Department
and Congress, directed the Department
to implement its determination to
revoke the antidumping duty order on
certain frozen warmwater shrimp from
Ecuador. See Section 129 Final Results.
Accordingly, the antidumping duty
order on certain frozen warmwater
shrimp from Ecuador was revoked
effective August 15, 2007. As a result,
the collection of cash deposits of
antidumping duties on entries of the
subject merchandise is no longer
required.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221.
March 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–4916 Filed 3–6–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–840
Certain Frozen Warmwater Shrimp
From India: Preliminary Results and
Preliminary Partial Rescission of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
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India with respect to 170 companies.1
The respondents which the Department
selected for individual review are Devi
Sea Foods Limited (Devi) and Falcon
Marine Exports Limited (Falcon). The
respondents which were not selected for
individual review are listed in the
‘‘Preliminary Results of Review’’ section
of this notice. This is the third
administrative review of this order. The
period of review (POR) is February 1,
2007, through January 31, 2008.
We preliminarily determine that sales
made by Devi have not been made at
below normal value (NV), while those
made by Falcon have. In addition, based
on the preliminary results for the
respondents selected for individual
review, we have preliminarily
determined a margin for those
companies that the Department did not
select for individual review.
If the preliminary results are adopted
in our final results of administrative
review, we will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. Interested parties are invited to
comment on the preliminary results.
EFFECTIVE DATE: March 9, 2009.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Henry Almond,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3874 or (202) 482–
0049, respectively.
SUPPLEMENTARY INFORMATION:
Background
In February 2005, the Department
published in the Federal Register an
antidumping duty order on certain
frozen warmwater shrimp from India.
See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147 (Feb. 1,
2005) (Shrimp Order). On February 4,
2008, the Department published in the
Federal Register a notice of opportunity
to request an administrative review of
the antidumping duty order of certain
frozen warmwater shrimp from India for
the period February 1, 2007, through
January 31, 2008. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 6477 (Feb. 4, 2008). In response to
timely requests from interested parties
pursuant to 19 CFR 351.213(b)(1) and
1 This figure does not include those companies
for which the Department is rescinding the
administrative review.
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(2) to conduct an administrative review
of the U.S. sales of certain frozen
warmwater shrimp by numerous
producers/exporters, the Department
published a notice of initiation of
administrative review for 336
companies. See Certain Frozen
Warmwater Shrimp from Brazil,
Ecuador, India, and Thailand: Notice of
Initiation of Administrative Reviews, 73
FR 18754, 18757–18762 (Apr. 7, 2008)
(Initiation Notice).
In our initiation notice we indicated
that we would select mandatory
respondents for review based upon CBP
entry data, and that we would limit the
respondents selected for individual
review in accordance with section
777A(c)(2) of the Tariff Act of 1930, as
amended (the Act). See Initiation
Notice, 73 FR at 18765. In April 2008,
we received comments on the issue of
respondent selection from Devi, Falcon,
and the petitioner.2
In April and May 2008, we received
statements from 18 companies that
indicated that they had no shipments of
subject merchandise to the United
States during the POR.
In May 2008, after considering the
resources available to the Department,
we determined that it was not
practicable to examine all exporters/
producers of subject merchandise for
which a review was requested. As a
result, we selected the two largest
producers/exporters of certain frozen
warmwater shrimp from India during
the POR (i.e., Devi and Falcon) for
individual review in this segment of this
proceeding (see the May 27, 2008,
Memorandum to James Maeder from
Elizabeth Eastwood entitled, ‘‘2007–
2008 Antidumping Duty Administrative
Review on Certain Frozen Warmwater
Shrimp from India: Selection of
Respondents for Individual Review’’),
and we issued the antidumping duty
questionnaire to them.
In July 2008 we received responses
from Devi and Falcon to section A of the
questionnaire (i.e., the section related to
general information), as well as to
sections B and C (i.e., the sections
covering comparison market and U.S.
sales, respectively) and D (i.e., the
section covering cost of production
(COP)). Also in July 2008, the petitioner
submitted comments regarding the
appropriate third–country comparison
market for Falcon, and it withdrew its
review requests for 144 companies, in
accordance with 19 CFR 351.213(d)(1).
In September 2008, we selected Japan
as the third country comparison market
for Falcon. For a discussion, see the
2 The petitioner is the Ad Hoc Shrimp Trade
Action Committee.
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September 3, 2008, memorandum to
James Maeder, Director, Office 2, AD/
CVD Operations from the team entitled,
‘‘2007–2008 Antidumping Duty
Administrative Review on Certain
Frozen Warmwater Shrimp from India –
Selection of the Appropriate Third
Country Market for Falcon Marine
Exports Limited’’ (Third Country Market
Memo). As Devi had only one viable
comparison market, Canada, no further
market selection process was necessary
for Devi.
Also in September 2008, we requested
that Falcon provide additional
information regarding its relationship
with an affiliated shrimp producer, KR
Enterprises, in order to determine
whether it was appropriate to collapse
these two companies (i.e., treat them as
a single entity) for purposes of our
analysis. In addition, we issued a
supplemental questionnaire covering
section D to Devi, as well as
supplemental questionnaires covering
sections A and D to Falcon.
On October 8, 2008, the Department
postponed the preliminary results in
this review until no later than March 2,
2008. See Certain Frozen Warmwater
Shrimp from Ecuador, India, the
People’s Republic of China, and
Thailand: Notice of Extension of Time
Limits for the Preliminary Results of the
Third Administrative Reviews, 73 FR
58931 (Oct. 8, 2008).
In October 2008, the Department
issued supplemental questionnaires
covering sections A through C for Devi
and sections B and C for Falcon. In
October and November 2008, Devi and
Falcon responded to these supplemental
questionnaires, as well as to the
supplemental questionnaires issued in
September 2008, and Falcon also
provided the additional information
requested by the Department with
respect to its relationship with KR
Enterprises.
Also in October 2008, the Department
issued a memorandum indicating that it
intended to rescind the administrative
review with respect to 168 respondent
companies, and it invited comments on
this action from interested parties. See
the October 16, 2008 memorandum to
the file from Elizabeth Eastwood
entitled, ‘‘Intent to Rescind in Part the
2007–2008 Antidumping Duty
Administrative Review on Frozen
Warmwater Shrimp from India’’ (Intent
to Rescind Memo). In response, the
Department received comments from: 1)
Ananda Aqua Exports (AAE), Ananda
Foods (AF), and Ananda Aqua
Applications (AAA) (collectively, the
‘‘Ananda Group’’) objecting to the
rescission with respect to AF and AAA;
2) Sai Marine Exports Pvt. Ltd.
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confirming the proper address for that
company; 3) 32 U.S. producers opposing
the rescission with respect to 144
companies for which the petitioner
withdrew its review request; and 4) the
petitioner objecting to the opposition by
the 32 U.S. producers.
In November 2008, the Department
requested, and received, information
regarding the relationship among the
Ananda Group during the POR, in order
to permit the Department to perform a
collapsing analysis.
In December 2008, we published a
notice rescinding the administrative
review with respect to 166 companies,3
based on the following reasons: 1)
timely withdrawals of the review
requests; 2) confirmed statements of no
shipments during the POR; and/or 3)
duplicated names and/or addresses in
our notice of initiation. See Certain
Frozen Warmwater Shrimp from India:
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 77610
(Dec. 19, 2008) (Partial Rescission
Notice). See also the Intent to Rescind
Memo. In rescinding the review with
respect to the companies for which the
petitioner withdrew its review request,
we disregarded the 32 U.S. producers’
opposition because the underlying
review requests were made on behalf of
the petitioner, and not on behalf of any
individual U.S. producer. See Partial
Rescission Notice, 73 FR at 77612.
From December 2008 through January
2009, we conducted a sales verification
of Devi’s U.S. affiliate, Devi Seafoods,
Inc., as well as sales and cost
verifications of Devi and Falcon.
In February 2009, we requested that
AAE provide additional information
about its ownership in order to facilitate
the Department’s collapsing analysis.
Also in this month, we determined that
it was appropriate to collapse Falcon
and its affiliate KR Enterprises, and thus
we are treating these companies as the
same entity for purposes of this
proceeding. For further discussion, see
the February 19, 2009, memorandum
from The Team to James Maeder,
Director, Office 2, entitled, ‘‘Whether to
Collapse KR Enterprises and Falcon
Marine Exports Limited in the 2007–
2008 Antidumping Duty Administrative
Review of Certain Frozen Warmwater
Shrimp from India’’ (Falcon Collapsing
Memo).
In February 2009, at the request of the
Department, Falcon submitted revised
U.S. and third country sales databases.
3 The Department did not rescind this review
with respect to the two Ananda Group Companies
listed in the Intent to Rescind Memo, based on their
objection. For further discussion see the
‘‘Collapsing Certain Respondents’’ section of this
notice.
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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,4
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 order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), 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, whiteleg 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 order.
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 order.
Excluded from the scope are: 1)
breaded shrimp and prawns (HTSUS
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
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); 4) shrimp and prawns in
prepared meals (HTSUS subheading
1605.20.05.10); 5) dried shrimp and
prawns; 6) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); 7) certain dusted
shrimp; and 8) certain battered shrimp.
4 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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) that is subjected
to 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 order
are currently classified under the
following HTSUS 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
HTSUS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
this order is dispositive.
Partial Rescission of Review
As noted above, on April 7, 2008, the
Department initiated this review with
respect to 336 companies. With respect
to two of these companies, Asvini
Fisheries Limited and Surya Marine
Exports, we stated that we intended to
rescind the review for these two
companies if we found in the final
results of the 2006–2007 administrative
review that these companies are the
successors–in-interest to two additional
Indian shrimp exporters included in
this review. See Initiation Notice, 73 FR
at 18761–18762. In the final results of
the 2006–2007 administrative review,
we found Asvini Fisheries Private
Limited to be the successor–in-interest
to Asvini Fisheries Limited and found
Suryamitra Exim (P) Ltd. to be the
successor–in-interest to Surya Marine
Exports. See Certain Frozen Warmwater
Shrimp From India: Final Results and
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 40492,
40493–40494 (July 15, 2008) (2006–2007
Final Results). Accordingly, consistent
with our stated intention in our
Initiation Notice, we are rescinding this
administrative review with respect to
Asvini Fisheries Limited and Surya
Marine Exports.
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Collapsing Certain Respondents
A. The Ananda Group
As noted above, on October 28, 2008,
AAE informed the Department that it is
affiliated with two producers/exporters
of shrimp in India listed in the
Department’s Intent to Rescind Memo,
and it requested that the Department: 1)
maintain the review with respect to
these two companies; and 2) treat itself
and these two companies as a single
entity for purposes of this
administrative review.
In order to assess the merits of the
Ananda Group’s claim, on November 7,
2008, we requested information
regarding the relationship between
AAE, AF, and AAA during the POR. In
response, on November 25, 2008, the
Ananda Group provided information
demonstrating that the three companies
had numerous common members on
their boards of directors, and that two of
the companies shared common
ownership. Moreover, the Ananda
Group indicated that the companies had
intertwined operations via common
management and shared sales and
production information. Finally, the
Ananda Group indicated that two of the
three companies had production
facilities capable of producing in–scope
merchandise, while the third sold in–
scope merchandise to the United States
and abroad.
In February 2009, we requested that
the Ananda Group provide additional
information with respect to the
ownership of the three companies and
the relationships among the owners.
This information was not received in
time to consider for purposes of the
preliminary results. Nonetheless, we
intend to consider it for the final results
and will revise the analysis presented
below, if necessary.
After considering the information
currently on the record, we have
preliminarily determined that, in
accordance with 19 CFR 351.401(f), it is
appropriate to collapse the companies
in the Ananda Group for purposes of
this proceeding because: 1) entities
within the group are affiliated and two
of these entities have production
facilities for identical or similar
merchandise that would not require
significant retooling in order to
restructure manufacturing priorities;
and 2) a significant potential for
manipulation exists due to common
ownership, overlapping management
and board of directors, and intertwined
operations. For the analysis underlying
these conclusions, see the March 2,
2009, memorandum from The Team to
James Maeder, Director, Office 2,
entitled, ‘‘Whether to Collapse Ananda
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Aqua Exports, Ananda Foods, and
Ananda Aqua Applications in the 2007–
2008 Antidumping Duty Administrative
Review of Certain Frozen Warmwater
Shrimp from India.’’ Therefore, we have
preliminarily treated the three
companies as a single entity and
assigned them the same antidumping
duty rate (i.e., the weighted–average rate
assigned to companies not selected for
individual review) as outlined below.
B. Falcon
As noted above, in its July 11, 2008,
response to section A of the
questionnaire, Falcon informed the
Department that it was affiliated during
the POR with another shrimp producer,
KR Enterprises. On September 11, 2008,
we requested further information
regarding the relationship between
Falcon and KR Enterprises, in order to
permit the Department to perform a
collapsing analysis. In response, on
October 1, 2008, Falcon stated that the
two companies are affiliated via familial
relationships among their directors,
shareholders, and partners. Further,
Falcon indicated the two companies
share administrative and production
facilities.
After an analysis of this information,
we determined that, in accordance with
19 CFR 351.401(f), it is appropriate to
collapse these entities for purposes of
this review because: 1) Falcon and KR
Enterprises are affiliated and have
production facilities for identical or
similar merchandise that would not
require significant retooling in order to
restructure manufacturing priorities;
and 2) a significant potential for
manipulation exists due to common
ownership, overlapping management
and board of directors, and intertwined
operations. For further discussion, see
the Falcon Collapsing Memo. Therefore,
we have treated these companies as a
single entity and have assigned them the
antidumping duty rate calculated for
Falcon, as outlined below.
Comparisons to Normal Value
To determine whether sales of certain
frozen warmwater shrimp from India to
the United States were made at less than
NV, we compared the export price (EP)
or constructed export price (CEP) to the
NV, as described in the ‘‘Constructed
Export Price/Export Price’’ and ‘‘Normal
Value’’ sections of this notice.
Pursuant to sections 773(a)(1)(B)(i)
and 777A(d)(2) of the Act, for Devi and
Falcon, we compared the EPs or CEPs of
individual U.S. transactions, as
applicable, to the weighted–average NV
of the foreign like product in the
appropriate corresponding calendar
month where there were sales made in
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the ordinary course of trade, as
discussed in the ‘‘Cost of Production
Analysis’’ section below.
Product Comparisons
In accordance with section 771(16)(A)
of the Act, we considered all products
produced by Devi and Falcon covered
by the description in the ‘‘Scope of the
Order’’ section, above, to be foreign like
products for purposes of determining
appropriate product comparisons to
U.S. sales. Pursuant to 19 CFR
351.414(e)(2), we compared U.S. sales of
shrimp to sales of shrimp made in
Canada (for Devi) and Japan (for Falcon)
within the contemporaneous window
period, which extends from three
months prior to the month of the first
U.S. sale until two months after the
month of the last U.S. sale. Where there
were no sales of identical merchandise
in the comparison market made in the
ordinary course of trade to compare to
U.S. sales, according to section
771(16)(B) of the Act, we compared U.S.
sales to sales of the most similar foreign
like product made in the ordinary
course of trade. For Devi and Falcon,
where there were no sales of identical
or similar merchandise, we made
product comparisons using constructed
value (CV). See section 773(a)(4) of the
Act.
In making the product comparisons,
we matched foreign like products based
on the physical characteristics reported
by Devi and Falcon in the following
order: cooked form, head status, count
size, organic certification, shell status,
vein status, tail status, other shrimp
preparation, frozen form, flavoring,
container weight, presentation, species,
and preservative.
Constructed Export Price/Export Price
For all U.S. sales made by Falcon, and
for certain U.S. sales made by Devi, we
used EP methodology, in accordance
with section 772(a) of the Act, because
the subject merchandise was sold by the
producer/exporter outside of the United
States directly to the first unaffiliated
purchaser in the United States prior to
importation and CEP methodology was
not otherwise warranted based on the
facts of record.
For the remaining U.S. sales made by
Devi, we calculated CEP in accordance
with section 772(b) of the Act because
the subject merchandise was sold for the
account of this company by its
subsidiary in the United States to
unaffiliated purchasers. With respect to
one CEP sale, however, we discovered at
verification that Devi had inadvertently
failed to include this transaction in its
U.S. sales listing. Therefore, we based
the margin for this transaction on facts
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available. As facts available, we
assigned the weighted–average margin
calculated on Devi’s reported U.S. sales,
in accordance with our practice. See,
e.g., Certain Frozen Warmwater Shrimp
From Thailand: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 50933
(Aug. 29, 2008), and accompanying
Issues and Decision Memorandum at
Comment 14.
We revised the data reported by Devi to
take into account minor corrections
found at verification.
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A. Devi
We based EP on packed prices to the
first unaffiliated purchaser in the United
States. Where appropriate, we made
deductions from the starting price for
discounts in accordance with 19 CFR
351.401(c). We also made deductions
from the starting price for foreign inland
freight expenses, export inspection
agency (EIA) fees, foreign brokerage and
handling expenses, various foreign
miscellaneous shipment charges,
international freight expenses, terminal
handling charges, marine insurance
expenses, U.S. customs duties
(including harbor maintenance fees and
merchandise processing fees), U.S.
brokerage and handling expenses, U.S.
warehousing expenses, and U.S. inland
freight expenses, where appropriate, in
accordance with section 772(c)(2)(A) of
the Act.
In accordance with section 772(b) of
the Act, we calculated CEP for those
sales where the merchandise was first
sold (or agreed to be sold) in the United
States before or after the date of
importation by or for the account of the
producer or exporter, or by a seller
affiliated with the producer or exporter,
to a purchaser not affiliated with the
producer or exporter. We based CEP on
the packed delivered prices to
unaffiliated purchasers in the United
States. Where appropriate, we made
adjustments for discounts in accordance
with 19 CFR 351.401(c). We made
deductions for movement expenses, in
accordance with section 772(c)(2)(A) of
the Act; these included, where
appropriate, foreign inland freight
expenses, EIA fees, foreign brokerage
and handling expenses, various foreign
miscellaneous shipment charges,
international freight expenses, terminal
handling charges, marine insurance
expenses, U.S. customs duties
(including harbor maintenance fees and
merchandise processing fees), U.S.
brokerage and handling expenses, U.S.
inland freight expenses (including both
freight from port to warehouse and
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freight from warehouse to the customer),
and U.S. warehousing expenses.
In accordance with section 772(d)(1)
of the Act and 19 CFR 351.402(b), we
deducted those selling expenses
associated with economic activities
occurring in the United States,
including direct selling expenses (i.e.,
imputed credit expenses and other
direct selling expenses), commissions,
sales and marketing allowance
expenditures, and indirect selling
expenses (including inventory carrying
costs and other indirect selling
expenses). Finally, where commissions
were paid in the U.S. market but not in
the comparison market, we offset these
commissions by the lesser of: 1) the
amount of commission paid in the U.S.
market; or 2) the amount of indirect
selling expenses (including inventory
carrying costs) incurred in the
comparison market.
Pursuant to section 772(d)(3) of the
Act, we further reduced the starting
price by an amount for profit to arrive
at CEP. In accordance with section
772(f) of the Act, we calculated the CEP
profit rate using the expenses incurred
by Devi and its U.S. affiliate on their
sales of the subject merchandise in the
United States and the profit associated
with those sales.
B. Falcon
We based EP on packed prices to the
first unaffiliated purchaser in the United
States. Where appropriate, we made
deductions from the starting price for
discounts in accordance with 19 CFR
351.401(c). We also made deductions
from the starting price for cold storage
expenses, loading and unloading
expenses, trailer hire expenses, foreign
inland freight expenses, port charges,
export survey charges, terminal and
handling charges, other miscellaneous
shipment charges, foreign brokerage and
handling expenses, international freight
expenses, marine insurance expenses,
U.S. customs duties (including harbor
maintenance fees and merchandise
processing fees), and U.S. brokerage and
handling expenses, where appropriate,
in accordance with section 772(c)(2)(A)
of the Act.
Normal Value
A. Home Market Viability and Selection
of Comparison Markets
In order to determine whether there
was a sufficient volume of sales in the
home market to serve as a viable basis
for calculating NV, we compared the
volume of home market sales of the
foreign like product to the volume of
U.S. sales of the subject merchandise, in
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accordance with section 773(a)(1)(C) of
the Act.
We determined that the aggregate
volume of home market sales of the
foreign like product for Devi and Falcon
was insufficient to permit a proper
comparison with U.S. sales of the
subject merchandise. For Devi, as noted
above, we used Canada as the
comparison market because this was
Devi’s only viable comparison market
during the POR. For Falcon, we selected
Japan as the comparison market
because, among other things, sales of
foreign like product in Japan were the
most similar to the subject merchandise.
See the Third Country Market Memo for
further discussion. Therefore, we used
sales to Canada and Japan as the basis
for comparison market sales for Devi
and Falcon, respectively, in accordance
with section 773(a)(1)(C) of the Act and
19 CFR 351.404.
B. Level of Trade
Section 773(a)(1)(B)(i) of the Act
states that, to the extent practicable, the
Department will calculate NV based on
sales at the same level of trade (LOT) as
the EP or CEP. Sales are made at
different LOTs if they are made at
different marketing stages (or their
equivalent). See 19 CFR 351.412(c)(2).
Substantial differences in selling
activities are a necessary, but not
sufficient, condition for determining
that there is a difference in the stages of
marketing. Id; see also Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Cut–to-Length
Carbon Steel Plate From South Africa,
62 FR 61731, 61732 (Nov. 19, 1997)
(Plate from South Africa). In order to
determine whether the comparison
market sales were at different stages in
the marketing process than the U.S.
sales, we reviewed the distribution
system in each market (i.e., the chain of
distribution), including selling
functions, class of customer (customer
category), and the level of selling
expenses for each type of sale.
Pursuant to section 773(a)(1)(B)(i) of
the Act, in identifying LOTs for EP and
comparison market sales (i.e., NV based
on either home market or third country
prices),5 we consider the starting prices
before any adjustments. For CEP sales,
we consider only the selling activities
reflected in the price after the deduction
of expenses and profit under section
772(d) of the Act. See Micron Tech., Inc.
v. United States, 243 F.3d 1301, 1314–
16 (Fed. Cir. 2001).
5 Where NV is based on CV, we determine the NV
LOT based on the LOT of the sales from which we
derive selling expenses, general and administrative
(G&A) expenses, and profit for CV, where possible.
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When the Department is unable to
match U.S. sales of the foreign like
product in the comparison market at the
same LOT as the EP or CEP, the
Department may compare the U.S. sale
to sales at a different LOT in the
comparison market. In comparing EP or
CEP sales at a different LOT in the
comparison market, where available
data make it possible, we make an LOT
adjustment under section 773(a)(7)(A) of
the Act. Finally, for CEP sales only, if
the NV LOT is at a more advanced stage
of distribution than the LOT of the CEP
and there is no basis for determining
whether the difference in LOTs between
NV and CEP affects price comparability
(i.e., no LOT adjustment was possible),
the Department shall grant a CEP offset,
as provided in section 773(a)(7)(B) of
the Act. See, e.g., Plate from South
Africa, 62 FR at 61732–33.
In this administrative review, we
obtained information from each
respondent regarding the marketing
stages involved in making the reported
foreign market and U.S. sales, including
a description of the selling activities
performed by each respondent for each
channel of distribution. Company–
specific LOT findings are summarized
below.
1. Devi
Devi reported that it made sales
through two channels of distribution in
the United States (i.e., EP sales made
directly to unaffiliated customers and
CEP sales via an affiliated reseller);
however, it stated that the selling
activities it performed and the relative
level of intensity of each selling activity
did not vary by channel of distribution.
Devi reported performing the following
selling functions for its U.S. sales: sales
planning, personnel training, sales
promotion, packing, inventory
maintenance in India, handling of sales
inquiries, order processing, freight and
delivery services (including pre–
shipment inspection, foreign
transportation, and export customs
clearance), extension of credit to U.S.
customers, providing discounts and
rebates, and providing post–sale
warranties and guarantees. These selling
activities can be generally grouped into
four selling function categories for
analysis: 1) sales and marketing; 2)
freight and delivery; 3) inventory
maintenance and warehousing; and, 4)
warranty and technical support.
Accordingly, based on the selling
functions, we find that Devi performed
sales and marketing, freight and
delivery services, inventory
maintenance and warehousing, and
warranty and technical support for all
U.S. sales. Because Devi’s selling
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activities did not vary by distribution
channel, we preliminarily determine
that there is one LOT in the U.S. market.
With respect to Canada, Devi reported
that it made sales through a single
channel of distribution (i.e., sales made
directly to unaffiliated customers) and
that all selling functions were
performed at the same levels of intensity
as in the U.S. market. We examined the
selling activities performed for third
country sales and found that Devi
performed the following selling
functions: sales planning, personnel
training, sales promotion, packing,
inventory maintenance in India,
handling of sales inquiries, order
processing, freight and delivery services
(including pre–shipment inspection and
foreign transportation), extension of
credit to Canadian customers, providing
discounts and rebates, and providing
post–sale warranties and guarantees.
Accordingly, based on the selling
functions noted above, we find that Devi
performed sales and marketing, freight
and delivery services, inventory
maintenance and warehousing, and
warranty and technical services for third
country sales. Because all third country
sales are made through a single
distribution channel and the selling
activities to Devi’s customers did not
vary within this channel, we
preliminarily determine that there is
one LOT in the third country market for
Devi.
Finally, we compared the U.S. LOT to
the third country market LOT and found
that the selling functions performed for
U.S. and third country market
customers do not differ, as Devi
performed the same selling functions at
the same relative level of intensity in
both markets. Therefore, we determine
that sales to the U.S. and third country
markets during the POR were made at
the same LOT, and as a result, no LOT
adjustment or CEP offset is warranted.
2. Falcon
Falcon reported that it made EP sales
in the U.S. market to trading companies
and distributors. Because Falcon
reported no difference in the selling
activities it performed or the relative
level of intensity of each selling activity
for these two customer categories, we
find that there is only one channel of
distribution for Falcon’s EP sales. We
examined the selling activities
performed for this channel and found
that Falcon performed the following
selling functions: customer contact and
price negotiation; order processing;
arranging for freight and the provision
of customs clearance/brokerage services
(in India and the United States); cold
storage and inventory maintenance;
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quality–assurance-related activities; and
banking–related activities. These selling
activities can be generally grouped into
four selling function categories for
analysis: 1) sales and marketing; 2)
freight and delivery; 3) inventory
maintenance and warehousing; and 4)
warranty and technical support.
Accordingly, based on the selling
functions, we find that Falcon
performed sales and marketing, freight
and delivery services, and inventory
maintenance and warehousing for U.S.
sales. Because all sales in the United
States are made through a single
distribution channel, we preliminarily
determine that there is one LOT in the
U.S. market.
With respect to the third country
market, Falcon reported that it made
sales to trading companies and that all
selling functions were performed at the
same levels of intensity as in the U.S.
market. We examined the selling
activities performed for third country
sales, and found that Falcon performed
the following selling functions:
customer contact and price negotiation;
order processing; arranging for freight
and the provision of customs clearance/
brokerage services (in India); cold
storage and inventory maintenance;
quality–assurance-related activities; and
banking–related activities. Accordingly,
based on the selling functions, we find
that Falcon performed sales and
marketing, freight and delivery services,
and inventory maintenance and
warehousing for all third country sales.
Because all third country sales are made
through a single distribution channel
and the selling activities to Falcon’s
customers did not vary within this
channel, we preliminarily determine
that there is one LOT in the third
country market for Falcon.
Finally, we compared the EP LOT to
the third country market LOT and found
that the selling functions performed for
U.S. and third country market
customers do not differ, as Falcon
performed the same selling functions at
the same relative level of intensity in
both markets. Therefore, we determine
that sales to the U.S. and third country
markets during the POR were made at
the same LOT, and as a result, no LOT
adjustment is warranted.
C. Cost of Production Analysis
We found that Devi and Falcon made
sales below the COP in the most
recently completed segment of this
proceeding, as of the date of initiation
of this review, in which each
respondent was examined, and such
sales were disregarded. See Certain
Frozen Warmwater Shrimp from India:
Final Results and Partial Rescission of
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Antidumping Duty Administrative
Review, 72 FR 52055, 52058 (Sept. 12,
2007) (finding that Falcon made below–
cost sales); and Notice of Final
Determination of Sales at Less Than
Fair Value and Negative Final
Determination of Critical
Circumstances: Certain Frozen and
Canned Warmwater Shrimp From India,
69 FR 76916 (Dec. 23, 2004) (LTFV Final
Determination) (finding that Devi made
below–cost sales). Thus, in accordance
with section 773(b)(2)(A)(ii) of the Act,
there are reasonable grounds to believe
or suspect that Devi and Falcon made
sales in the third country market at
prices below the cost of producing the
merchandise in the current review
period.
1. Calculation of Cost of Production
In accordance with section 773(b)(3)
of the Act, we calculated the
respondents’ COPs based on the sum of
their costs of materials and conversion
for the foreign like product, plus
amounts for G&A expenses and interest
expenses (see ‘‘Test of Comparison
Market Sales Prices’’ section, below, for
treatment of third country selling
expenses).
The Department relied on the COP
data submitted by each respondent in its
most recently submitted cost database
for the COP calculation, except for the
following instances:
a. Devi
i. In calculating Devi’s G&A expense
ratio, we included the loss on the
sale of fixed assets in the
numerator, and we offset the
numerator for proceeds from the
sale of shrimp heads and shell
waste.
dwashington3 on PROD1PC60 with NOTICES
ii. We recalculated Devi’s financial
expense ratio to reclassify certain
Export Credit Guarantee
Corporation (ECGC) fees related to
sales activity as selling expenses.
For further discussion of these
adjustments, see the memorandum from
Laurens van Houten, Senior
Accountant, to Neal M. Halper, Director,
Office of Accounting, entitled, ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the
Preliminary Results – Devi Sea Foods
Limited,’’ dated March 2, 2009.
b. Falcon
i. We recalculated Falcon’s G&A
expense ratios to: 1) include wealth
and fringe benefit taxes as G&A
expenses; and 2) use cost of goods
sold as the denominator.
ii. We recalculated Falcon’s financial
expense ratio to use cost of goods
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sold as the denominator.
iii. We recalculated KR Enterprises’
G&A expense ratio to: 1) include
fringe benefit taxes and insurance
expenses as G&A expenses; and 2)
use cost of goods sold as the
denominator.
iv. We recalculated KR’s financial
expense ratio to: 1) include letter of
credit opening charges as financial
expenses; and 2) use cost of goods
sold as the denominator.
For further discussion of these
adjustments, see the memorandum from
Ji Young Oh, Senior Accountant, to Neal
M. Halper, Director, Office of
Accounting, entitled, ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the
Preliminary Results Falcon Marine
Exports Limited,’’ dated March 2, 2009.
2. Test of Comparison Market Sales
Prices
On a product–specific basis, we
compared the adjusted weighted–
average COP to the comparison market
sales prices of the foreign like product,
as required under section 773(b) of the
Act, in order to determine whether the
sale prices were below the COP. For
purposes of this comparison, we used
COP exclusive of selling and packing
expenses. The prices (inclusive of
billing adjustments, where appropriate)
were exclusive of any applicable
movement charges, discounts, direct
and indirect selling expenses and
packing expenses.
3. Results of the COP Test
In determining whether to disregard
third country sales made at prices below
the COP, we examined, in accordance
with sections 773(b)(1)(A) and (B) of the
Act: 1) whether, within an extended
period of time, such sales were made in
substantial quantities; and 2) whether
such sales were made at prices which
permitted the recovery of all costs
within a reasonable period of time in
the normal course of trade. In
accordance with section 773(b)(2)(C)(i)
of the Act, where less than 20 percent
of the respondent’s third country sales
of a given product are at prices less than
the COP, we do not disregard any
below–cost sales of that product because
we determine that in such instances the
below–cost sales were not made within
an extended period of time and in
‘‘substantial quantities.’’ Where 20
percent or more of a respondent’s sales
of a given product are at prices less than
the COP, we disregard the below–cost
sales when: 1) they were made within
an extended period of time in
‘‘substantial quantities,’’ in accordance
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9997
with sections 773(b)(2)(B) and (C) of the
Act; and 2) based on our comparison of
prices to the weighted–average COPs for
the POR, they were at prices which
would not permit the recovery of all
costs within a reasonable period of time,
in accordance with section 773(b)(2)(D)
of the Act.
We found that, for certain products,
more than 20 percent of Devi’s and
Falcon’s third country sales were at
prices less than the COP and, in
addition, such sales did not provide for
the recovery of costs within a reasonable
period of time. We therefore excluded
these sales and used the remaining sales
as the basis for determining NV, in
accordance with section 773(b)(1) of the
Act.
For those U.S. sales of subject
merchandise for which there were no
third country sales in the ordinary
course of trade, we compared CEPs or
EPs, as appropriate, to CV in accordance
with section 773(a)(4) of the Act. See
‘‘Calculation of Normal Value Based on
Constructed Value’’ section below.
D. Calculation of Normal Value Based
on Comparison Market Prices
1. Devi
For Devi, we calculated NV based on
delivered prices to unaffiliated
customers in Canada. We made
adjustments to the starting price, where
appropriate, for discounts in accordance
with 19 CFR 351.401(c). We also made
deductions for foreign inland freight
expenses, foreign brokerage and
handling expenses, various foreign
miscellaneous shipment charges and
international freight expenses
(including terminal handling charges)
under section 773(a)(6)(B) of the Act.
For comparisons to EP sales, we made
adjustments under section
773(a)(6)(C)(iii) of the Act and 19 CFR
351.410 for differences in circumstances
of sale for direct selling expenses
(including bank charges, ECGC fees, EIA
fees, imputed credit expenses, and other
direct selling expenses), and
commissions. Where commissions were
granted in the U.S. market but not in the
comparison market, we made a
downward adjustment to NV for the
lesser of: 1) the amount of commission
paid in the U.S. market; or 2) the
amount of indirect selling expenses
incurred in the comparison market. See
19 CFR 351.410(e). If the commissions
were granted in the comparison market
but not in the U.S. market, we made an
upward adjustment to NV for the lesser
of: 1) the amount of commission paid in
the comparison market; or 2) the
amount of indirect selling expenses
incurred in the U.S. market. Id.
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For comparisons to CEP sales, in
accordance with section 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410, we
deducted from NV direct selling
expenses (i.e., imputed credit expenses
and other direct selling expenses),
commissions, sales and marketing
allowance expenditures, and indirect
selling expenses (including inventory
carrying costs and other indirect selling
expenses). Where commissions were
granted in the U.S. market but not in the
comparison market, we made a
downward adjustment to NV for the
lesser of: 1) the amount of commission
paid in the U.S. market; or 2) the
amount of indirect selling expenses
incurred in the comparison market. See
19 CFR 351.410(e). If commissions were
granted in the comparison market but
not in the U.S. market, we made an
upward adjustment to NV following the
same methodology. Id.
For all price–to-price comparisons,
we made adjustments for differences in
costs attributable to differences in the
physical characteristics of the
merchandise in accordance with section
773(a)(6)(C)(ii) of the Act and 19 CFR
351.411. We also deducted third
country packing costs and added U.S.
packing costs in accordance with
sections 773(a)(6)(A) and (B) of the Act.
2. Falcon
We based NV for Falcon on delivered
prices to unaffiliated customers in
Japan. We made adjustments, where
appropriate, to the starting price for
discounts in accordance with 19 CFR
351.401(c). We also made deductions,
where appropriate, from the starting
price for cold storage expenses, loading
and unloading expenses, trailer hire
expenses, foreign inland freight
expenses, port charges, export survey
charges, terminal and handling charges,
foreign miscellaneous shipment charges,
foreign brokerage and handling
expenses, and international freight
expenses, under section 773(a)(6)(B)(ii)
of the Act.
In addition, we made adjustments
under section 773(a)(6)(C)(iii) of the Act
and 19 CFR 351.410 for differences in
circumstances of sale for commissions,
imputed credit expenses, bank fees, EIA
fees, ECGC premiums, outside
inspection/lab expenses, letter of credit
amendment charges, and other
miscellaneous selling expenses. For
those U.S. sales for which Falcon had
not received payment as of the date of
the sales verification, we recalculated
U.S. credit expenses using the date first
day of verification as the date of
payment. Finally, where commissions
were granted in the U.S. market but not
in the comparison market, we made a
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downward adjustment to NV for the
lesser of: 1) the amount of commission
paid in the U.S. market; or 2) the
amount of indirect selling expenses
(including inventory carrying costs)
incurred in the comparison market. See
19 CFR 351.410(e). If commissions were
granted in the comparison market but
not in the U.S. market, we made an
upward adjustment to NV following the
same methodology. Id.
We made adjustments for differences
in costs attributable to differences in the
physical characteristics of the
merchandise in accordance with section
773(a)(6)(C)(ii) of the Act and 19 CFR
351.411. We also deducted third
country packing costs and added U.S.
packing costs, in accordance with
sections 773(a)(6)(A) and (B) of the Act.
E. Calculation of Normal Value Based
on Constructed Value
Section 773(a)(4) of the Act provides
that where NV cannot be based on
comparison market sales, NV may be
based on CV. Accordingly, for those
frozen warmwater shrimp products for
which we could not determine the NV
based on comparison market sales
because all sales of the comparable
products failed the COP test, we based
NV on CV.
Section 773(e) of the Act provides that
CV shall be based on the sum of the cost
of materials and fabrication for the
imported merchandise, plus amounts
for selling, general, and administrative
(SG&A) expenses, profit, and U.S.
packing costs. For each respondent, we
calculated the cost of materials and
fabrication based on the methodology
described in the ‘‘Cost of Production
Analysis’’ section, above. We based
SG&A and profit for each respondent on
the actual amounts incurred and
realized by it in connection with the
production and sale of the foreign like
product in the ordinary course of trade
for consumption in the comparison
market, in accordance with section
773(e)(2)(A) of the Act.
We made adjustments to CV for
differences in circumstances of sale in
accordance with section 773(a)(6)(iii)
and (a)(8) of the Act and 19 CFR
351.410. For comparisons to EP, we
made circumstance–of-sale adjustments
by deducting direct selling expenses
incurred on comparison market sales
from, and adding U.S. direct selling
expenses to, CV. See 19 CFR 351.410(c).
For comparisons to Devi’s CEP, we
made circumstance–of-sale adjustments
by deducting comparison market direct
selling expenses from CV. Id. We also
made adjustments, when applicable, for
comparison market indirect selling
expenses to offset U.S. commissions in
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EP and CEP comparisons. See 19 CFR
351.410(e).
Currency Conversion
We made currency conversions into
U.S. dollars for all spot transactions by
Devi and Falcon in accordance with
section 773A of the Act and 19 CFR
351.415, based on the exchange rates in
effect on the dates of the U.S. sales as
certified by the Federal Reserve Bank. In
addition, both Devi and Falcon reported
that they purchased forward exchange
contracts which were used to convert
the currency in which certain sales
transactions were made into home
market currency. Under 19 CFR
351.415(b), if a currency transaction on
forward markets is directly linked to an
export sale under consideration, the
Department is directed to use the
exchange rate specified with respect to
such foreign currency in the forward
sale agreement to convert the foreign
currency. See LTFV Final Determination
and accompanying Issues and Decision
Memorandum at Comment 6; see also
Certain Frozen Warmwater Shrimp from
India: Preliminary Results and
Preliminary Partial Rescission of
Antidumping Duty Administrative
Review, 73 FR 12103, 12113 (Mar. 6,
2008), unchanged in 2006–2007 Final
Results. Therefore, for Devi and Falcon
we used the reported forward exchange
rates for currency conversions where
applicable.
Preliminary Results of the Review
We preliminarily determine that
weighted–average dumping margins
exist for the respondents for the period
February 1, 2006, through January 31,
2007, as follows:
Manufacturer/Exporter
Devi Sea Foods Limited .............
Falcon Marine Exports Limited/
KR Enterprises ........................
Percent
Margin
0.39
0.79
Review–Specific Average Rate
Applicable to the Following
Companies:6
Manufacturer/Exporter
Abad Fisheries ............................
Accelerated Freeze–Drying Co.
Allana Frozen Foods Pvt. Ltd. ....
Allanasons Ltd. ...........................
AMI Enterprises ..........................
Amulya Sea Foods .....................
Anand Aqua Exports ..................
Percent
Margin
0.79
0.79
0.79
0.79
0.79
0.79
0.79
6 This rate is based on the weighted average of the
margins calculation for those companies selected
for individual review, excluding de minimis
margins or margins based entirely on adverse facts
available (AFA).
E:\FR\FM\09MRN1.SGM
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices
Percent
Margin
dwashington3 on PROD1PC60 with NOTICES
Manufacturer/Exporter
Ananda Aqua Exports (P) Ltd./
Ananda Foods/Ananda Aqua
Applications .............................
Andaman Seafoods Pvt. Ltd. .....
Angelique Intl ..............................
Anjaneya Seafoods ....................
Apex Exports ..............................
Asvini Exports .............................
Asvini Fisheries Private Limited
Avanti Feeds Limited ..................
Ayshwarya Seafood Private Limited ..........................................
Baby Marine International ..........
Baby Marine Sarass ...................
Bhatsons Aquatic Products ........
Bhavani Seafoods ......................
Bijaya Marine Products ..............
Blue Water Foods & Exports P.
Ltd. ..........................................
Bluefin Enterprises .....................
Bluepark Seafoods Pvt. Ltd. .......
BMR Exports ..............................
Britto Exports ..............................
Calcutta Seafoods ......................
Calcutta Seafoods Pvt. Ltd. ........
Castlerock Fisheries Ltd. ............
Chemmeens (Regd) ...................
Choice Canning Company .........
Choice Trading Corporation Pvt.
Ltd. ..........................................
Coastal Corporation Ltd. ............
Corlim Marine Exports Pvt. Ltd.
Coreline Exports .........................
Devi Fisheries Limited ................
Digha Seafood Exports ..............
Esmario Export Enterprises ........
Exporter Coreline Exports ..........
Five Star Marine Exports Private
Limited .....................................
Forstar Frozen Foods Pvt. Ltd. ..
Frigerio Conserva Allana Limited
Frontline Exports Pvt. Ltd. ..........
G A Randerian Ltd. ....................
Gadre Marine Exports ................
Galaxy Maritech Exports P. Ltd.
Gayatri Seafoods ........................
Geo Aquatic Products (P) Ltd. ...
Geo Seafoods .............................
Grandtrust Overseas (P) Ltd. .....
GVR Exports Pvt. Ltd. ................
HIC ABF Special Foods Pvt. Ltd.
Haripriya Marine Export Pvt. Ltd.
Hindustan Lever, Ltd. .................
Hiravata Ice & Cold Storage ......
Hiravati Exports Pvt. Ltd. ............
Hiravati International Pvt. Ltd.
(located at Jawar Naka,
Porbandar, Gujarat – 360 575,
India) .......................................
Hiravati International Pvt. Ltd.
(located at APM–Mafco Yard,
Sector – 18 Vashi, Navi,
Mumbai – 400 705, India) .......
IFB Agro Industries Limited ........
Indian Aquatic Products .............
Indo Aquatics ..............................
Innovative Foods Limited ...........
International Freezefish Exports
Interseas .....................................
ITC Ltd. .......................................
Jagadeesh Marine Exports .........
Jaya Satya Marine Exports ........
VerDate Nov<24>2008
15:28 Mar 06, 2009
Jkt 217001
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
Manufacturer/Exporter
Jaya Satya Marine Exports Pvt.
Ltd. ..........................................
Jayalakshmi Sea Foods Private
Limited .....................................
Jinny Marine Traders ..................
Jiya Packagings ..........................
K R M Marine Exports Ltd. .........
Kalyanee Marine .........................
Kay Kay Exports .........................
Kings Marine Products ...............
Koluthara Exports Ltd. ................
Konark Aquatics & Exports Pvt.
Ltd. ..........................................
Libran Cold Storages (P) Ltd. ....
Magnum Estate Private Limited
Magnum Export ..........................
Magnum Sea Foods Pvt. Ltd. ....
Malabar Arabian Fisheries .........
Malnad Exports Pvt. Ltd. ............
Mangala Marine Exim India Private Ltd. ..................................
Mangala Sea Products ...............
Manufacturer Falcon Marine Exports ........................................
MSC Marine Exporters ...............
MTR Foods .................................
Naga Hanuman Fish Packers ....
Naik Frozen Foods .....................
Navayuga Exports Ltd. ...............
Nekkanti Sea Foods Limited ......
NGR Aqua International .............
Nila Sea Foods Pvt. Ltd. ............
Overseas Marine Export .............
Penver Products (P) Ltd. ............
Pijikay International Exports P
Ltd. ..........................................
Pisces Seafood International ......
Premier Seafoods Exim (P) Ltd.
Raa Systems Pvt. Ltd. ................
Raju Exports ...............................
Ram’s Assorted Cold Storage
Ltd. ..........................................
Raunaq Ice & Cold Storage .......
Raysons Aquatics Pvt. Ltd. ........
Razban Seafoods Ltd. ................
RBT Exports ...............................
Riviera Exports Pvt. Ltd. .............
Rohi Marine Private Ltd. .............
RVR Marine Products Private
Limited .....................................
S A Exports ................................
S Chanchala Combines ..............
S & S Seafoods ..........................
Safa Enterprises .........................
Sagar Foods ...............................
Sagar Grandhi Exports Pvt. Ltd.
Sagarvihar Fisheries Pvt. Ltd. ....
Sai Marine Exports Pvt. Ltd. ......
Sai Sea Foods ............................
Sai Sea Foods a.k.a. Sai Marine
Exports Pvt. Ltd. .....................
Sandhya Aqua Exports Pvt. Ltd.
Sandhya Aqua Exports ...............
Sandhya Marines Limited ...........
Santhi Fisheries & Exports Ltd. ..
Satya Seafoods Private Limited
Sawant Food Products ...............
Seagold Overseas Pvt. Ltd. .......
Selvam Exports Private Limited
Shippers Exports ........................
Shroff Processed Food & Cold
ZStorage P Ltd. .......................
Silver Seafood ............................
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Percent
Margin
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
Manufacturer/Exporter
Sita Marine Exports ....................
Sprint Exports Pvt. Ltd. ..............
Sri Chandrakantha Marine Exports, Ltd. ................................
Sri Sakkthi Cold Storage ............
Sri Sakthi Marine Products P
Ltd. ..........................................
Sri Satya Marine Exports ...........
Sri Venkata Padmavathi Marine
Foods Pvt. Ltd. ........................
SSF Ltd. ......................................
Star Agro Marine Exports Private
Limited .....................................
Sun Bio–Technology Ltd. ...........
Suryamitra Exim (P) Ltd. ............
Suvarna Rekha Exports Private
Limited .....................................
Suvarna Rekha Marines P Ltd. ..
TBR Exports Pvt Ltd. ..................
Teekay Maine P. Ltd ..................
The Kadalkanny Group
(Kadalkanny Frozen Foods,
Edhayam Frozen Foods Pvt.
Ltd., Diamond Seafoods Exports, and Theva & Company)
The Liberty Group (Devi Marine
Food Exports Private Limited/
Kader Exports Private Limited/
Kader Investment and Trading
Company Private Limited/Liberty Frozen Foods Pvt. Ltd./
Liberty Oil Mills Ltd./Premier
Marine Products/Universal
Cold Storage Private Limited)
The Waterbase Limited ..............
Tejaswani Enterprises ................
Usha Seafoods ...........................
V.S Exim Pvt Ltd. .......................
Veejay Impex ..............................
Victoria Marine & Agro Exports
Ltd. ..........................................
Vinner Marine .............................
Vishal Exports .............................
Wellcome Fisheries Limited .......
9999
Percent
Margin
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
0.79
Disclosure and Public Hearing
The Department will disclose to
parties the calculations performed in
connection with these preliminary
results within five days of the date of
publication of this notice. See 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs. See 19 CFR
351.309(d). Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: 1) a statement of
the issue; 2) a brief summary of the
argument; and 3) a table of authorities.
See 19 CFR 351.309(c)(2) and (d)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
E:\FR\FM\09MRN1.SGM
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices
request to the Assistant Secretary for
Import Administration, Room 1870,
within 30 days of the date of publication
of this notice. Requests should contain:
1) the party’s name, address and
telephone number; 2) the number of
participants; and 3) a list of issues to be
discussed. Id. Issues raised in the
hearing will be limited to those raised
in the respective case briefs. Id. The
Department will issue the final results
of this administrative review, including
the results of its analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
dwashington3 on PROD1PC60 with NOTICES
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries, in accordance with 19 CFR
351.212(b)(1). The Department will
issue appropriate appraisement
instructions for the companies subject to
this review directly to CBP 15 days after
the date of publication of the final
results of this review.
For Devi and Falcon we will calculate
importer–specific ad valorem duty
assessment rates based on the ratio of
the total amount of antidumping duties
calculated for the examined sales to the
total entered value of the sales. See 19
CFR 351.212(b)(1). To determine
whether the duty assessment rates are
de minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we will calculate
importer–specific ad valorem ratios
based on the estimated entered value.
For the companies which were not
selected for individual review, we will
calculate an assessment rate based on
the weighted average of the cash deposit
rates calculated for the companies
selected for individual review excluding
any which are de minimis or
determined entirely on AFA.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer–specific assessment rate
calculated in the final results of this
review is above de minimis. Pursuant to
19 CFR 351.106(c)(2), we will instruct
CBP to liquidate without regard to
antidumping duties any entries for
which the assessment rate is de
minimis. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable. See
751(a)(2)(C) of the Act.
VerDate Nov<24>2008
15:28 Mar 06, 2009
Jkt 217001
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
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 administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: 1) the
cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; 2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; 3) if the exporter is not a firm
covered in this review, or the original
less–than-fair–value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and 4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 10.17
percent, the all–others rate made
effective by the LTFV investigation. See
Shrimp Order, 70 FR at 5148. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
A–549–822
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Dated: March 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–4920 Filed 3–6–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Certain Frozen Warmwater Shrimp
from Thailand: Preliminary Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from
Thailand with respect to 136
companies. The two respondents which
the Department selected for individual
examination are Andaman Seafood Co.,
Ltd. (Andaman), Wales & Co. Universe
Limited, Chanthaburi Frozen Food Co.,
Ltd. (CFF), Chanthaburi Seafoods Co.,
Ltd. (CSF), Phattana Seafood Co., Ltd.
(PTN), Phattana Frozen Food Co., Ltd.
(PFF), Thailand Fishery Cold Storage
Public Co., Ltd. (TFC), Thai
International Seafoods Co., Ltd. (TIS),
and Sea Wealth Frozen Food Co., Ltd.
(Sea Wealth) (collectively, the Rubicon
Group), and Pakfood Public Company
Limited and its affiliates, Asia Pacific
(Thailand) Company, Limited and
Takzin Samut Company, Limited
(collectively, Pakfood). The respondents
which were not selected for individual
examination are listed in the
‘‘Preliminary Results of Review’’ section
of this notice. This is the third
administrative review of this order. The
review covers the period February 1,
2007, through January 31, 2008.
We preliminarily determine that sales
were made by Pakfood and the Rubicon
Group below normal value (NV). In
addition, based on the preliminary
results for the respondents selected for
E:\FR\FM\09MRN1.SGM
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[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Notices]
[Pages 9991-10000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4920]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-840
Certain Frozen Warmwater Shrimp From India: Preliminary Results
and Preliminary Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain frozen
warmwater shrimp (shrimp) from
[[Page 9992]]
India with respect to 170 companies.\1\ The respondents which the
Department selected for individual review are Devi Sea Foods Limited
(Devi) and Falcon Marine Exports Limited (Falcon). The respondents
which were not selected for individual review are listed in the
``Preliminary Results of Review'' section of this notice. This is the
third administrative review of this order. The period of review (POR)
is February 1, 2007, through January 31, 2008.
---------------------------------------------------------------------------
\1\ This figure does not include those companies for which the
Department is rescinding the administrative review.
---------------------------------------------------------------------------
We preliminarily determine that sales made by Devi have not been
made at below normal value (NV), while those made by Falcon have. In
addition, based on the preliminary results for the respondents selected
for individual review, we have preliminarily determined a margin for
those companies that the Department did not select for individual
review.
If the preliminary results are adopted in our final results of
administrative review, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. Interested parties are invited to comment on the preliminary
results.
EFFECTIVE DATE: March 9, 2009.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-0049, respectively.
SUPPLEMENTARY INFORMATION:
Background
In February 2005, the Department published in the Federal Register
an antidumping duty order on certain frozen warmwater shrimp from
India. See Notice of Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147 (Feb. 1, 2005) (Shrimp Order). On February 4,
2008, the Department published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
order of certain frozen warmwater shrimp from India for the period
February 1, 2007, through January 31, 2008. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 73 FR 6477 (Feb. 4,
2008). In response to timely requests from interested parties pursuant
to 19 CFR 351.213(b)(1) and (2) to conduct an administrative review of
the U.S. sales of certain frozen warmwater shrimp by numerous
producers/exporters, the Department published a notice of initiation of
administrative review for 336 companies. See Certain Frozen Warmwater
Shrimp from Brazil, Ecuador, India, and Thailand: Notice of Initiation
of Administrative Reviews, 73 FR 18754, 18757-18762 (Apr. 7, 2008)
(Initiation Notice).
In our initiation notice we indicated that we would select
mandatory respondents for review based upon CBP entry data, and that we
would limit the respondents selected for individual review in
accordance with section 777A(c)(2) of the Tariff Act of 1930, as
amended (the Act). See Initiation Notice, 73 FR at 18765. In April
2008, we received comments on the issue of respondent selection from
Devi, Falcon, and the petitioner.\2\
---------------------------------------------------------------------------
\2\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
---------------------------------------------------------------------------
In April and May 2008, we received statements from 18 companies
that indicated that they had no shipments of subject merchandise to the
United States during the POR.
In May 2008, after considering the resources available to the
Department, we determined that it was not practicable to examine all
exporters/producers of subject merchandise for which a review was
requested. As a result, we selected the two largest producers/exporters
of certain frozen warmwater shrimp from India during the POR (i.e.,
Devi and Falcon) for individual review in this segment of this
proceeding (see the May 27, 2008, Memorandum to James Maeder from
Elizabeth Eastwood entitled, ``2007-2008 Antidumping Duty
Administrative Review on Certain Frozen Warmwater Shrimp from India:
Selection of Respondents for Individual Review''), and we issued the
antidumping duty questionnaire to them.
In July 2008 we received responses from Devi and Falcon to section
A of the questionnaire (i.e., the section related to general
information), as well as to sections B and C (i.e., the sections
covering comparison market and U.S. sales, respectively) and D (i.e.,
the section covering cost of production (COP)). Also in July 2008, the
petitioner submitted comments regarding the appropriate third-country
comparison market for Falcon, and it withdrew its review requests for
144 companies, in accordance with 19 CFR 351.213(d)(1).
In September 2008, we selected Japan as the third country
comparison market for Falcon. For a discussion, see the September 3,
2008, memorandum to James Maeder, Director, Office 2, AD/CVD Operations
from the team entitled, ``2007-2008 Antidumping Duty Administrative
Review on Certain Frozen Warmwater Shrimp from India - Selection of the
Appropriate Third Country Market for Falcon Marine Exports Limited''
(Third Country Market Memo). As Devi had only one viable comparison
market, Canada, no further market selection process was necessary for
Devi.
Also in September 2008, we requested that Falcon provide additional
information regarding its relationship with an affiliated shrimp
producer, KR Enterprises, in order to determine whether it was
appropriate to collapse these two companies (i.e., treat them as a
single entity) for purposes of our analysis. In addition, we issued a
supplemental questionnaire covering section D to Devi, as well as
supplemental questionnaires covering sections A and D to Falcon.
On October 8, 2008, the Department postponed the preliminary
results in this review until no later than March 2, 2008. See Certain
Frozen Warmwater Shrimp from Ecuador, India, the People's Republic of
China, and Thailand: Notice of Extension of Time Limits for the
Preliminary Results of the Third Administrative Reviews, 73 FR 58931
(Oct. 8, 2008).
In October 2008, the Department issued supplemental questionnaires
covering sections A through C for Devi and sections B and C for Falcon.
In October and November 2008, Devi and Falcon responded to these
supplemental questionnaires, as well as to the supplemental
questionnaires issued in September 2008, and Falcon also provided the
additional information requested by the Department with respect to its
relationship with KR Enterprises.
Also in October 2008, the Department issued a memorandum indicating
that it intended to rescind the administrative review with respect to
168 respondent companies, and it invited comments on this action from
interested parties. See the October 16, 2008 memorandum to the file
from Elizabeth Eastwood entitled, ``Intent to Rescind in Part the 2007-
2008 Antidumping Duty Administrative Review on Frozen Warmwater Shrimp
from India'' (Intent to Rescind Memo). In response, the Department
received comments from: 1) Ananda Aqua Exports (AAE), Ananda Foods
(AF), and Ananda Aqua Applications (AAA) (collectively, the ``Ananda
Group'') objecting to the rescission with respect to AF and AAA; 2) Sai
Marine Exports Pvt. Ltd.
[[Page 9993]]
confirming the proper address for that company; 3) 32 U.S. producers
opposing the rescission with respect to 144 companies for which the
petitioner withdrew its review request; and 4) the petitioner objecting
to the opposition by the 32 U.S. producers.
In November 2008, the Department requested, and received,
information regarding the relationship among the Ananda Group during
the POR, in order to permit the Department to perform a collapsing
analysis.
In December 2008, we published a notice rescinding the
administrative review with respect to 166 companies,\3\ based on the
following reasons: 1) timely withdrawals of the review requests; 2)
confirmed statements of no shipments during the POR; and/or 3)
duplicated names and/or addresses in our notice of initiation. See
Certain Frozen Warmwater Shrimp from India: Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 77610 (Dec. 19, 2008)
(Partial Rescission Notice). See also the Intent to Rescind Memo. In
rescinding the review with respect to the companies for which the
petitioner withdrew its review request, we disregarded the 32 U.S.
producers' opposition because the underlying review requests were made
on behalf of the petitioner, and not on behalf of any individual U.S.
producer. See Partial Rescission Notice, 73 FR at 77612.
---------------------------------------------------------------------------
\3\ The Department did not rescind this review with respect to
the two Ananda Group Companies listed in the Intent to Rescind Memo,
based on their objection. For further discussion see the
``Collapsing Certain Respondents'' section of this notice.
---------------------------------------------------------------------------
From December 2008 through January 2009, we conducted a sales
verification of Devi's U.S. affiliate, Devi Seafoods, Inc., as well as
sales and cost verifications of Devi and Falcon.
In February 2009, we requested that AAE provide additional
information about its ownership in order to facilitate the Department's
collapsing analysis. Also in this month, we determined that it was
appropriate to collapse Falcon and its affiliate KR Enterprises, and
thus we are treating these companies as the same entity for purposes of
this proceeding. For further discussion, see the February 19, 2009,
memorandum from The Team to James Maeder, Director, Office 2, entitled,
``Whether to Collapse KR Enterprises and Falcon Marine Exports Limited
in the 2007-2008 Antidumping Duty Administrative Review of Certain
Frozen Warmwater Shrimp from India'' (Falcon Collapsing Memo).
In February 2009, at the request of the Department, Falcon
submitted revised U.S. and third country sales databases.
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,\4\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\4\ ``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 order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), 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, whiteleg 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 order. 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 order.
Excluded from the scope are: 1) breaded shrimp and prawns (HTSUS
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp
and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 5) dried
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTSUS
subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) 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) that is subjected to 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 order are currently classified under
the following HTSUS 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 HTSUS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this order is
dispositive.
Partial Rescission of Review
As noted above, on April 7, 2008, the Department initiated this
review with respect to 336 companies. With respect to two of these
companies, Asvini Fisheries Limited and Surya Marine Exports, we stated
that we intended to rescind the review for these two companies if we
found in the final results of the 2006-2007 administrative review that
these companies are the successors-in-interest to two additional Indian
shrimp exporters included in this review. See Initiation Notice, 73 FR
at 18761-18762. In the final results of the 2006-2007 administrative
review, we found Asvini Fisheries Private Limited to be the successor-
in-interest to Asvini Fisheries Limited and found Suryamitra Exim (P)
Ltd. to be the successor-in-interest to Surya Marine Exports. See
Certain Frozen Warmwater Shrimp From India: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 73 FR 40492,
40493-40494 (July 15, 2008) (2006-2007 Final Results). Accordingly,
consistent with our stated intention in our Initiation Notice, we are
rescinding this administrative review with respect to Asvini Fisheries
Limited and Surya Marine Exports.
[[Page 9994]]
Collapsing Certain Respondents
A. The Ananda Group
As noted above, on October 28, 2008, AAE informed the Department
that it is affiliated with two producers/exporters of shrimp in India
listed in the Department's Intent to Rescind Memo, and it requested
that the Department: 1) maintain the review with respect to these two
companies; and 2) treat itself and these two companies as a single
entity for purposes of this administrative review.
In order to assess the merits of the Ananda Group's claim, on
November 7, 2008, we requested information regarding the relationship
between AAE, AF, and AAA during the POR. In response, on November 25,
2008, the Ananda Group provided information demonstrating that the
three companies had numerous common members on their boards of
directors, and that two of the companies shared common ownership.
Moreover, the Ananda Group indicated that the companies had intertwined
operations via common management and shared sales and production
information. Finally, the Ananda Group indicated that two of the three
companies had production facilities capable of producing in-scope
merchandise, while the third sold in-scope merchandise to the United
States and abroad.
In February 2009, we requested that the Ananda Group provide
additional information with respect to the ownership of the three
companies and the relationships among the owners. This information was
not received in time to consider for purposes of the preliminary
results. Nonetheless, we intend to consider it for the final results
and will revise the analysis presented below, if necessary.
After considering the information currently on the record, we have
preliminarily determined that, in accordance with 19 CFR 351.401(f), it
is appropriate to collapse the companies in the Ananda Group for
purposes of this proceeding because: 1) entities within the group are
affiliated and two of these entities have production facilities for
identical or similar merchandise that would not require significant
retooling in order to restructure manufacturing priorities; and 2) a
significant potential for manipulation exists due to common ownership,
overlapping management and board of directors, and intertwined
operations. For the analysis underlying these conclusions, see the
March 2, 2009, memorandum from The Team to James Maeder, Director,
Office 2, entitled, ``Whether to Collapse Ananda Aqua Exports, Ananda
Foods, and Ananda Aqua Applications in the 2007-2008 Antidumping Duty
Administrative Review of Certain Frozen Warmwater Shrimp from India.''
Therefore, we have preliminarily treated the three companies as a
single entity and assigned them the same antidumping duty rate (i.e.,
the weighted-average rate assigned to companies not selected for
individual review) as outlined below.
B. Falcon
As noted above, in its July 11, 2008, response to section A of the
questionnaire, Falcon informed the Department that it was affiliated
during the POR with another shrimp producer, KR Enterprises. On
September 11, 2008, we requested further information regarding the
relationship between Falcon and KR Enterprises, in order to permit the
Department to perform a collapsing analysis. In response, on October 1,
2008, Falcon stated that the two companies are affiliated via familial
relationships among their directors, shareholders, and partners.
Further, Falcon indicated the two companies share administrative and
production facilities.
After an analysis of this information, we determined that, in
accordance with 19 CFR 351.401(f), it is appropriate to collapse these
entities for purposes of this review because: 1) Falcon and KR
Enterprises are affiliated and have production facilities for identical
or similar merchandise that would not require significant retooling in
order to restructure manufacturing priorities; and 2) a significant
potential for manipulation exists due to common ownership, overlapping
management and board of directors, and intertwined operations. For
further discussion, see the Falcon Collapsing Memo. Therefore, we have
treated these companies as a single entity and have assigned them the
antidumping duty rate calculated for Falcon, as outlined below.
Comparisons to Normal Value
To determine whether sales of certain frozen warmwater shrimp from
India to the United States were made at less than NV, we compared the
export price (EP) or constructed export price (CEP) to the NV, as
described in the ``Constructed Export Price/Export Price'' and ``Normal
Value'' sections of this notice.
Pursuant to sections 773(a)(1)(B)(i) and 777A(d)(2) of the Act, for
Devi and Falcon, we compared the EPs or CEPs of individual U.S.
transactions, as applicable, to the weighted-average NV of the foreign
like product in the appropriate corresponding calendar month where
there were sales made in the ordinary course of trade, as discussed in
the ``Cost of Production Analysis'' section below.
Product Comparisons
In accordance with section 771(16)(A) of the Act, we considered all
products produced by Devi and Falcon covered by the description in the
``Scope of the Order'' section, above, to be foreign like products for
purposes of determining appropriate product comparisons to U.S. sales.
Pursuant to 19 CFR 351.414(e)(2), we compared U.S. sales of shrimp to
sales of shrimp made in Canada (for Devi) and Japan (for Falcon) within
the contemporaneous window period, which extends from three months
prior to the month of the first U.S. sale until two months after the
month of the last U.S. sale. Where there were no sales of identical
merchandise in the comparison market made in the ordinary course of
trade to compare to U.S. sales, according to section 771(16)(B) of the
Act, we compared U.S. sales to sales of the most similar foreign like
product made in the ordinary course of trade. For Devi and Falcon,
where there were no sales of identical or similar merchandise, we made
product comparisons using constructed value (CV). See section 773(a)(4)
of the Act.
In making the product comparisons, we matched foreign like products
based on the physical characteristics reported by Devi and Falcon in
the following order: cooked form, head status, count size, organic
certification, shell status, vein status, tail status, other shrimp
preparation, frozen form, flavoring, container weight, presentation,
species, and preservative.
Constructed Export Price/Export Price
For all U.S. sales made by Falcon, and for certain U.S. sales made
by Devi, we used EP methodology, in accordance with section 772(a) of
the Act, because the subject merchandise was sold by the producer/
exporter outside of the United States directly to the first
unaffiliated purchaser in the United States prior to importation and
CEP methodology was not otherwise warranted based on the facts of
record.
For the remaining U.S. sales made by Devi, we calculated CEP in
accordance with section 772(b) of the Act because the subject
merchandise was sold for the account of this company by its subsidiary
in the United States to unaffiliated purchasers. With respect to one
CEP sale, however, we discovered at verification that Devi had
inadvertently failed to include this transaction in its U.S. sales
listing. Therefore, we based the margin for this transaction on facts
[[Page 9995]]
available. As facts available, we assigned the weighted-average margin
calculated on Devi's reported U.S. sales, in accordance with our
practice. See, e.g., Certain Frozen Warmwater Shrimp From Thailand:
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 50933 (Aug. 29, 2008), and accompanying
Issues and Decision Memorandum at Comment 14.
We revised the data reported by Devi to take into account minor
corrections found at verification.
A. Devi
We based EP on packed prices to the first unaffiliated purchaser in
the United States. Where appropriate, we made deductions from the
starting price for discounts in accordance with 19 CFR 351.401(c). We
also made deductions from the starting price for foreign inland freight
expenses, export inspection agency (EIA) fees, foreign brokerage and
handling expenses, various foreign miscellaneous shipment charges,
international freight expenses, terminal handling charges, marine
insurance expenses, U.S. customs duties (including harbor maintenance
fees and merchandise processing fees), U.S. brokerage and handling
expenses, U.S. warehousing expenses, and U.S. inland freight expenses,
where appropriate, in accordance with section 772(c)(2)(A) of the Act.
In accordance with section 772(b) of the Act, we calculated CEP for
those sales where the merchandise was first sold (or agreed to be sold)
in the United States before or after the date of importation by or for
the account of the producer or exporter, or by a seller affiliated with
the producer or exporter, to a purchaser not affiliated with the
producer or exporter. We based CEP on the packed delivered prices to
unaffiliated purchasers in the United States. Where appropriate, we
made adjustments for discounts in accordance with 19 CFR 351.401(c). We
made deductions for movement expenses, in accordance with section
772(c)(2)(A) of the Act; these included, where appropriate, foreign
inland freight expenses, EIA fees, foreign brokerage and handling
expenses, various foreign miscellaneous shipment charges, international
freight expenses, terminal handling charges, marine insurance expenses,
U.S. customs duties (including harbor maintenance fees and merchandise
processing fees), U.S. brokerage and handling expenses, U.S. inland
freight expenses (including both freight from port to warehouse and
freight from warehouse to the customer), and U.S. warehousing expenses.
In accordance with section 772(d)(1) of the Act and 19 CFR
351.402(b), we deducted those selling expenses associated with economic
activities occurring in the United States, including direct selling
expenses (i.e., imputed credit expenses and other direct selling
expenses), commissions, sales and marketing allowance expenditures, and
indirect selling expenses (including inventory carrying costs and other
indirect selling expenses). Finally, where commissions were paid in the
U.S. market but not in the comparison market, we offset these
commissions by the lesser of: 1) the amount of commission paid in the
U.S. market; or 2) the amount of indirect selling expenses (including
inventory carrying costs) incurred in the comparison market.
Pursuant to section 772(d)(3) of the Act, we further reduced the
starting price by an amount for profit to arrive at CEP. In accordance
with section 772(f) of the Act, we calculated the CEP profit rate using
the expenses incurred by Devi and its U.S. affiliate on their sales of
the subject merchandise in the United States and the profit associated
with those sales.
B. Falcon
We based EP on packed prices to the first unaffiliated purchaser in
the United States. Where appropriate, we made deductions from the
starting price for discounts in accordance with 19 CFR 351.401(c). We
also made deductions from the starting price for cold storage expenses,
loading and unloading expenses, trailer hire expenses, foreign inland
freight expenses, port charges, export survey charges, terminal and
handling charges, other miscellaneous shipment charges, foreign
brokerage and handling expenses, international freight expenses, marine
insurance expenses, U.S. customs duties (including harbor maintenance
fees and merchandise processing fees), and U.S. brokerage and handling
expenses, where appropriate, in accordance with section 772(c)(2)(A) of
the Act.
Normal Value
A. Home Market Viability and Selection of Comparison Markets
In order to determine whether there was a sufficient volume of
sales in the home market to serve as a viable basis for calculating NV,
we compared the volume of home market sales of the foreign like product
to the volume of U.S. sales of the subject merchandise, in accordance
with section 773(a)(1)(C) of the Act.
We determined that the aggregate volume of home market sales of the
foreign like product for Devi and Falcon was insufficient to permit a
proper comparison with U.S. sales of the subject merchandise. For Devi,
as noted above, we used Canada as the comparison market because this
was Devi's only viable comparison market during the POR. For Falcon, we
selected Japan as the comparison market because, among other things,
sales of foreign like product in Japan were the most similar to the
subject merchandise. See the Third Country Market Memo for further
discussion. Therefore, we used sales to Canada and Japan as the basis
for comparison market sales for Devi and Falcon, respectively, in
accordance with section 773(a)(1)(C) of the Act and 19 CFR 351.404.
B. Level of Trade
Section 773(a)(1)(B)(i) of the Act states that, to the extent
practicable, the Department will calculate NV based on sales at the
same level of trade (LOT) as the EP or CEP. Sales are made at different
LOTs if they are made at different marketing stages (or their
equivalent). See 19 CFR 351.412(c)(2). Substantial differences in
selling activities are a necessary, but not sufficient, condition for
determining that there is a difference in the stages of marketing. Id;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate From South Africa, 62
FR 61731, 61732 (Nov. 19, 1997) (Plate from South Africa). In order to
determine whether the comparison market sales were at different stages
in the marketing process than the U.S. sales, we reviewed the
distribution system in each market (i.e., the chain of distribution),
including selling functions, class of customer (customer category), and
the level of selling expenses for each type of sale.
Pursuant to section 773(a)(1)(B)(i) of the Act, in identifying LOTs
for EP and comparison market sales (i.e., NV based on either home
market or third country prices),\5\ we consider the starting prices
before any adjustments. For CEP sales, we consider only the selling
activities reflected in the price after the deduction of expenses and
profit under section 772(d) of the Act. See Micron Tech., Inc. v.
United States, 243 F.3d 1301, 1314-16 (Fed. Cir. 2001).
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\5\ Where NV is based on CV, we determine the NV LOT based on
the LOT of the sales from which we derive selling expenses, general
and administrative (G&A) expenses, and profit for CV, where
possible.
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[[Page 9996]]
When the Department is unable to match U.S. sales of the foreign
like product in the comparison market at the same LOT as the EP or CEP,
the Department may compare the U.S. sale to sales at a different LOT in
the comparison market. In comparing EP or CEP sales at a different LOT
in the comparison market, where available data make it possible, we
make an LOT adjustment under section 773(a)(7)(A) of the Act. Finally,
for CEP sales only, if the NV LOT is at a more advanced stage of
distribution than the LOT of the CEP and there is no basis for
determining whether the difference in LOTs between NV and CEP affects
price comparability (i.e., no LOT adjustment was possible), the
Department shall grant a CEP offset, as provided in section
773(a)(7)(B) of the Act. See, e.g., Plate from South Africa, 62 FR at
61732-33.
In this administrative review, we obtained information from each
respondent regarding the marketing stages involved in making the
reported foreign market and U.S. sales, including a description of the
selling activities performed by each respondent for each channel of
distribution. Company-specific LOT findings are summarized below.
1. Devi
Devi reported that it made sales through two channels of
distribution in the United States (i.e., EP sales made directly to
unaffiliated customers and CEP sales via an affiliated reseller);
however, it stated that the selling activities it performed and the
relative level of intensity of each selling activity did not vary by
channel of distribution. Devi reported performing the following selling
functions for its U.S. sales: sales planning, personnel training, sales
promotion, packing, inventory maintenance in India, handling of sales
inquiries, order processing, freight and delivery services (including
pre-shipment inspection, foreign transportation, and export customs
clearance), extension of credit to U.S. customers, providing discounts
and rebates, and providing post-sale warranties and guarantees. These
selling activities can be generally grouped into four selling function
categories for analysis: 1) sales and marketing; 2) freight and
delivery; 3) inventory maintenance and warehousing; and, 4) warranty
and technical support. Accordingly, based on the selling functions, we
find that Devi performed sales and marketing, freight and delivery
services, inventory maintenance and warehousing, and warranty and
technical support for all U.S. sales. Because Devi's selling activities
did not vary by distribution channel, we preliminarily determine that
there is one LOT in the U.S. market.
With respect to Canada, Devi reported that it made sales through a
single channel of distribution (i.e., sales made directly to
unaffiliated customers) and that all selling functions were performed
at the same levels of intensity as in the U.S. market. We examined the
selling activities performed for third country sales and found that
Devi performed the following selling functions: sales planning,
personnel training, sales promotion, packing, inventory maintenance in
India, handling of sales inquiries, order processing, freight and
delivery services (including pre-shipment inspection and foreign
transportation), extension of credit to Canadian customers, providing
discounts and rebates, and providing post-sale warranties and
guarantees. Accordingly, based on the selling functions noted above, we
find that Devi performed sales and marketing, freight and delivery
services, inventory maintenance and warehousing, and warranty and
technical services for third country sales. Because all third country
sales are made through a single distribution channel and the selling
activities to Devi's customers did not vary within this channel, we
preliminarily determine that there is one LOT in the third country
market for Devi.
Finally, we compared the U.S. LOT to the third country market LOT
and found that the selling functions performed for U.S. and third
country market customers do not differ, as Devi performed the same
selling functions at the same relative level of intensity in both
markets. Therefore, we determine that sales to the U.S. and third
country markets during the POR were made at the same LOT, and as a
result, no LOT adjustment or CEP offset is warranted.
2. Falcon
Falcon reported that it made EP sales in the U.S. market to trading
companies and distributors. Because Falcon reported no difference in
the selling activities it performed or the relative level of intensity
of each selling activity for these two customer categories, we find
that there is only one channel of distribution for Falcon's EP sales.
We examined the selling activities performed for this channel and found
that Falcon performed the following selling functions: customer contact
and price negotiation; order processing; arranging for freight and the
provision of customs clearance/brokerage services (in India and the
United States); cold storage and inventory maintenance; quality-
assurance-related activities; and banking-related activities. These
selling activities can be generally grouped into four selling function
categories for analysis: 1) sales and marketing; 2) freight and
delivery; 3) inventory maintenance and warehousing; and 4) warranty and
technical support. Accordingly, based on the selling functions, we find
that Falcon performed sales and marketing, freight and delivery
services, and inventory maintenance and warehousing for U.S. sales.
Because all sales in the United States are made through a single
distribution channel, we preliminarily determine that there is one LOT
in the U.S. market.
With respect to the third country market, Falcon reported that it
made sales to trading companies and that all selling functions were
performed at the same levels of intensity as in the U.S. market. We
examined the selling activities performed for third country sales, and
found that Falcon performed the following selling functions: customer
contact and price negotiation; order processing; arranging for freight
and the provision of customs clearance/brokerage services (in India);
cold storage and inventory maintenance; quality-assurance-related
activities; and banking-related activities. Accordingly, based on the
selling functions, we find that Falcon performed sales and marketing,
freight and delivery services, and inventory maintenance and
warehousing for all third country sales. Because all third country
sales are made through a single distribution channel and the selling
activities to Falcon's customers did not vary within this channel, we
preliminarily determine that there is one LOT in the third country
market for Falcon.
Finally, we compared the EP LOT to the third country market LOT and
found that the selling functions performed for U.S. and third country
market customers do not differ, as Falcon performed the same selling
functions at the same relative level of intensity in both markets.
Therefore, we determine that sales to the U.S. and third country
markets during the POR were made at the same LOT, and as a result, no
LOT adjustment is warranted.
C. Cost of Production Analysis
We found that Devi and Falcon made sales below the COP in the most
recently completed segment of this proceeding, as of the date of
initiation of this review, in which each respondent was examined, and
such sales were disregarded. See Certain Frozen Warmwater Shrimp from
India: Final Results and Partial Rescission of
[[Page 9997]]
Antidumping Duty Administrative Review, 72 FR 52055, 52058 (Sept. 12,
2007) (finding that Falcon made below-cost sales); and Notice of Final
Determination of Sales at Less Than Fair Value and Negative Final
Determination of Critical Circumstances: Certain Frozen and Canned
Warmwater Shrimp From India, 69 FR 76916 (Dec. 23, 2004) (LTFV Final
Determination) (finding that Devi made below-cost sales). Thus, in
accordance with section 773(b)(2)(A)(ii) of the Act, there are
reasonable grounds to believe or suspect that Devi and Falcon made
sales in the third country market at prices below the cost of producing
the merchandise in the current review period.
1. Calculation of Cost of Production
In accordance with section 773(b)(3) of the Act, we calculated the
respondents' COPs based on the sum of their costs of materials and
conversion for the foreign like product, plus amounts for G&A expenses
and interest expenses (see ``Test of Comparison Market Sales Prices''
section, below, for treatment of third country selling expenses).
The Department relied on the COP data submitted by each respondent
in its most recently submitted cost database for the COP calculation,
except for the following instances:
a. Devi
i. In calculating Devi's G&A expense ratio, we included the loss on
the sale of fixed assets in the numerator, and we offset the numerator
for proceeds from the sale of shrimp heads and shell waste.
ii. We recalculated Devi's financial expense ratio to reclassify
certain Export Credit Guarantee Corporation (ECGC) fees related to
sales activity as selling expenses.
For further discussion of these adjustments, see the memorandum
from Laurens van Houten, Senior Accountant, to Neal M. Halper,
Director, Office of Accounting, entitled, ``Cost of Production and
Constructed Value Calculation Adjustments for the Preliminary Results -
Devi Sea Foods Limited,'' dated March 2, 2009.
b. Falcon
i. We recalculated Falcon's G&A expense ratios to: 1) include
wealth and fringe benefit taxes as G&A expenses; and 2) use cost of
goods sold as the denominator.
ii. We recalculated Falcon's financial expense ratio to use cost of
goods sold as the denominator.
iii. We recalculated KR Enterprises' G&A expense ratio to: 1)
include fringe benefit taxes and insurance expenses as G&A expenses;
and 2) use cost of goods sold as the denominator.
iv. We recalculated KR's financial expense ratio to: 1) include
letter of credit opening charges as financial expenses; and 2) use cost
of goods sold as the denominator.
For further discussion of these adjustments, see the memorandum
from Ji Young Oh, Senior Accountant, to Neal M. Halper, Director,
Office of Accounting, entitled, ``Cost of Production and Constructed
Value Calculation Adjustments for the Preliminary Results Falcon Marine
Exports Limited,'' dated March 2, 2009.
2. Test of Comparison Market Sales Prices
On a product-specific basis, we compared the adjusted weighted-
average COP to the comparison market sales prices of the foreign like
product, as required under section 773(b) of the Act, in order to
determine whether the sale prices were below the COP. For purposes of
this comparison, we used COP exclusive of selling and packing expenses.
The prices (inclusive of billing adjustments, where appropriate) were
exclusive of any applicable movement charges, discounts, direct and
indirect selling expenses and packing expenses.
3. Results of the COP Test
In determining whether to disregard third country sales made at
prices below the COP, we examined, in accordance with sections
773(b)(1)(A) and (B) of the Act: 1) whether, within an extended period
of time, such sales were made in substantial quantities; and 2) whether
such sales were made at prices which permitted the recovery of all
costs within a reasonable period of time in the normal course of trade.
In accordance with section 773(b)(2)(C)(i) of the Act, where less than
20 percent of the respondent's third country sales of a given product
are at prices less than the COP, we do not disregard any below-cost
sales of that product because we determine that in such instances the
below-cost sales were not made within an extended period of time and in
``substantial quantities.'' Where 20 percent or more of a respondent's
sales of a given product are at prices less than the COP, we disregard
the below-cost sales when: 1) they were made within an extended period
of time in ``substantial quantities,'' in accordance with sections
773(b)(2)(B) and (C) of the Act; and 2) based on our comparison of
prices to the weighted-average COPs for the POR, they were at prices
which would not permit the recovery of all costs within a reasonable
period of time, in accordance with section 773(b)(2)(D) of the Act.
We found that, for certain products, more than 20 percent of Devi's
and Falcon's third country sales were at prices less than the COP and,
in addition, such sales did not provide for the recovery of costs
within a reasonable period of time. We therefore excluded these sales
and used the remaining sales as the basis for determining NV, in
accordance with section 773(b)(1) of the Act.
For those U.S. sales of subject merchandise for which there were no
third country sales in the ordinary course of trade, we compared CEPs
or EPs, as appropriate, to CV in accordance with section 773(a)(4) of
the Act. See ``Calculation of Normal Value Based on Constructed Value''
section below.
D. Calculation of Normal Value Based on Comparison Market Prices
1. Devi
For Devi, we calculated NV based on delivered prices to
unaffiliated customers in Canada. We made adjustments to the starting
price, where appropriate, for discounts in accordance with 19 CFR
351.401(c). We also made deductions for foreign inland freight
expenses, foreign brokerage and handling expenses, various foreign
miscellaneous shipment charges and international freight expenses
(including terminal handling charges) under section 773(a)(6)(B) of the
Act.
For comparisons to EP sales, we made adjustments under section
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410 for differences in
circumstances of sale for direct selling expenses (including bank
charges, ECGC fees, EIA fees, imputed credit expenses, and other direct
selling expenses), and commissions. Where commissions were granted in
the U.S. market but not in the comparison market, we made a downward
adjustment to NV for the lesser of: 1) the amount of commission paid in
the U.S. market; or 2) the amount of indirect selling expenses incurred
in the comparison market. See 19 CFR 351.410(e). If the commissions
were granted in the comparison market but not in the U.S. market, we
made an upward adjustment to NV for the lesser of: 1) the amount of
commission paid in the comparison market; or 2) the amount of indirect
selling expenses incurred in the U.S. market. Id.
[[Page 9998]]
For comparisons to CEP sales, in accordance with section
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410, we deducted from NV
direct selling expenses (i.e., imputed credit expenses and other direct
selling expenses), commissions, sales and marketing allowance
expenditures, and indirect selling expenses (including inventory
carrying costs and other indirect selling expenses). Where commissions
were granted in the U.S. market but not in the comparison market, we
made a downward adjustment to NV for the lesser of: 1) the amount of
commission paid in the U.S. market; or 2) the amount of indirect
selling expenses incurred in the comparison market. See 19 CFR
351.410(e). If commissions were granted in the comparison market but
not in the U.S. market, we made an upward adjustment to NV following
the same methodology. Id.
For all price-to-price comparisons, we made adjustments for
differences in costs attributable to differences in the physical
characteristics of the merchandise in accordance with section
773(a)(6)(C)(ii) of the Act and 19 CFR 351.411. We also deducted third
country packing costs and added U.S. packing costs in accordance with
sections 773(a)(6)(A) and (B) of the Act.
2. Falcon
We based NV for Falcon on delivered prices to unaffiliated
customers in Japan. We made adjustments, where appropriate, to the
starting price for discounts in accordance with 19 CFR 351.401(c). We
also made deductions, where appropriate, from the starting price for
cold storage expenses, loading and unloading expenses, trailer hire
expenses, foreign inland freight expenses, port charges, export survey
charges, terminal and handling charges, foreign miscellaneous shipment
charges, foreign brokerage and handling expenses, and international
freight expenses, under section 773(a)(6)(B)(ii) of the Act.
In addition, we made adjustments under section 773(a)(6)(C)(iii) of
the Act and 19 CFR 351.410 for differences in circumstances of sale for
commissions, imputed credit expenses, bank fees, EIA fees, ECGC
premiums, outside inspection/lab expenses, letter of credit amendment
charges, and other miscellaneous selling expenses. For those U.S. sales
for which Falcon had not received payment as of the date of the sales
verification, we recalculated U.S. credit expenses using the date first
day of verification as the date of payment. Finally, where commissions
were granted in the U.S. market but not in the comparison market, we
made a downward adjustment to NV for the lesser of: 1) the amount of
commission paid in the U.S. market; or 2) the amount of indirect
selling expenses (including inventory carrying costs) incurred in the
comparison market. See 19 CFR 351.410(e). If commissions were granted
in the comparison market but not in the U.S. market, we made an upward
adjustment to NV following the same methodology. Id.
We made adjustments for differences in costs attributable to
differences in the physical characteristics of the merchandise in
accordance with section 773(a)(6)(C)(ii) of the Act and 19 CFR 351.411.
We also deducted third country packing costs and added U.S. packing
costs, in accordance with sections 773(a)(6)(A) and (B) of the Act.
E. Calculation of Normal Value Based on Constructed Value
Section 773(a)(4) of the Act provides that where NV cannot be based
on comparison market sales, NV may be based on CV. Accordingly, for
those frozen warmwater shrimp products for which we could not determine
the NV based on comparison market sales because all sales of the
comparable products failed the COP test, we based NV on CV.
Section 773(e) of the Act provides that CV shall be based on the
sum of the cost of materials and fabrication for the imported
merchandise, plus amounts for selling, general, and administrative
(SG&A) expenses, profit, and U.S. packing costs. For each respondent,
we calculated the cost of materials and fabrication based on the
methodology described in the ``Cost of Production Analysis'' section,
above. We based SG&A and profit for each respondent on the actual
amounts incurred and realized by it in connection with the production
and sale of the foreign like product in the ordinary course of trade
for consumption in the comparison market, in accordance with section
773(e)(2)(A) of the Act.
We made adjustments to CV for differences in circumstances of sale
in accordance with section 773(a)(6)(iii) and (a)(8) of the Act and 19
CFR 351.410. For comparisons to EP, we made circumstance-of-sale
adjustments by deducting direct selling expenses incurred on comparison
market sales from, and adding U.S. direct selling expenses to, CV. See
19 CFR 351.410(c). For comparisons to Devi's CEP, we made circumstance-
of-sale adjustments by deducting comparison market direct selling
expenses from CV. Id. We also made adjustments, when applicable, for
comparison market indirect selling expenses to offset U.S. commissions
in EP and CEP comparisons. See 19 CFR 351.410(e).
Currency Conversion
We made currency conversions into U.S. dollars for all spot
transactions by Devi and Falcon in accordance with section 773A of the
Act and 19 CFR 351.415, based on the exchange rates in effect on the
dates of the U.S. sales as certified by the Federal Reserve Bank. In
addition, both Devi and Falcon reported that they purchased forward
exchange contracts which were used to convert the currency in which
certain sales transactions were made into home market currency. Under
19 CFR 351.415(b), if a currency transaction on forward markets is
directly linked to an export sale under consideration, the Department
is directed to use the exchange rate specified with respect to such
foreign currency in the forward sale agreement to convert the foreign
currency. See LTFV Final Determination and accompanying Issues and
Decision Memorandum at Comment 6; see also Certain Frozen Warmwater
Shrimp from India: Preliminary Results and Preliminary Partial
Rescission of Antidumping Duty Administrative Review, 73 FR 12103,
12113 (Mar. 6, 2008), unchanged in 2006-2007 Final Results. Therefore,
for Devi and Falcon we used the reported forward exchange rates for
currency conversions where applicable.
Preliminary Results of the Review
We preliminarily determine that weighted-average dumping margins
exist for the respondents for the period February 1, 2006, through
January 31, 2007, as follows:
------------------------------------------------------------------------
Percent
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Devi Sea Foods Limited...................................... 0.39
Falcon Marine Exports Limited/KR Enterprises................ 0.79
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:\6\
---------------------------------------------------------------------------
\6\ This rate is based on the weighted average of the margins
calculation for those companies selected for individual review,
excluding de minimis margins or margins based entirely on adverse
facts available (AFA).
------------------------------------------------------------------------
Percent
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Abad Fisheries.............................................. 0.79
Accelerated Freeze-Drying Co................................ 0.79
Allana Frozen Foods Pvt. Ltd................................ 0.79
Allanasons Ltd.............................................. 0.79
AMI Enterprises............................................. 0.79
Amulya Sea Foods............................................ 0.79
Anand Aqua Exports.......................................... 0.79
[[Page 9999]]
Ananda Aqua Exports (P) Ltd./Ananda Foods/Ananda Aqua 0.79
Applications...............................................
Andaman Seafoods Pvt. Ltd................................... 0.79
Angelique Intl.............................................. 0.79
Anjaneya Seafoods........................................... 0.79
Apex Exports................................................ 0.79
Asvini Exports.............................................. 0.79
Asvini Fisheries Private Limited............................ 0.79
Avanti Feeds Limited........................................ 0.79
Ayshwarya Seafood Private Limited........................... 0.79
Baby Marine International................................... 0.79
Baby Marine Sarass.......................................... 0.79
Bhatsons Aquatic Products................................... 0.79
Bhavani Seafoods............................................ 0.79
Bijaya Marine Products...................................... 0.79
Blue Water Foods & Exports P. Ltd........................... 0.79
Bluefin Enterprises......................................... 0.79
Bluepark Seafoods Pvt. Ltd.................................. 0.79
BMR Exports................................................. 0.79
Britto Exports.............................................. 0.79
Calcutta Seafoods........................................... 0.79
Calcutta Seafoods Pvt. Ltd.................................. 0.79
Castlerock Fisheries Ltd.................................... 0.79
Chemmeens (Regd)............................................ 0.79
Choice Canning Company...................................... 0.79
Choice Trading Corporation Pvt. Ltd......................... 0.79
Coastal Corporation Ltd..................................... 0.79
Corlim Marine Exports Pvt. Ltd.............................. 0.79
Coreline Exports............................................ 0.79
Devi Fisheries Limited...................................... 0.79
Digha Seafood Exports....................................... 0.79
Esmario Export Enterprises.................................. 0.79
Exporter Coreline Exports................................... 0.79
Five Star Marine Exports Private Limited.................... 0.79
Forstar Frozen Foods Pvt. Ltd............................... 0.79
Frigerio Conserva Allana Limited............................ 0.79
Frontline Exports Pvt. Ltd.................................. 0.79
G A Randerian Ltd........................................... 0.79
Gadre Marine Exports........................................ 0.79
Galaxy Maritech Exports P. Ltd.............................. 0.79
Gayatri Seafoods............................................ 0.79
Geo Aquatic Products (P) Ltd................................ 0.79
Geo Seafoods................................................ 0.79
Grandtrust Overseas (P) Ltd................................. 0.79
GVR Exports Pvt. Ltd........................................ 0.79
HIC ABF Special Foods Pvt. Ltd.............................. 0.79
Haripriya Marine Export Pvt. Ltd............................ 0.79
Hindustan Lever, Ltd........................................ 0.79
Hiravata Ice & Cold Storage................................. 0.79
Hiravati Exports Pvt. Ltd................................... 0.79
Hiravati International Pvt. Ltd. (located at Jawar Naka, 0.79
Porbandar, Gujarat - 360 575, India).......................
Hiravati International Pvt. Ltd. (located at APM-Mafco Yard, 0.79
Sector - 18 Vashi, Navi, Mumbai - 400 705, India)..........
IFB Agro Industries Limited................................. 0.79
Indian Aquatic Products..................................... 0.79
Indo Aquatics............................................... 0.79
Innovative Foods Limited.................................... 0.79
International Freezefish Exports............................ 0.79
Interseas................................................... 0.79
ITC Ltd..................................................... 0.79
Jagadeesh Marine Exports.................................... 0.79
Jaya Satya Marine Exports................................... 0.79
Jaya Satya Marine Exports Pvt. Ltd.......................... 0.79
Jayalakshmi Sea Foods Private Limited....................... 0.79
Jinny Marine Traders........................................ 0.79
Jiya Packagings............................................. 0.79
K R M Marine Exports Ltd.................................... 0.79
Kalyanee Marine............................................. 0.79
Kay Kay Exports............................................. 0.79
Kings Marine Products....................................... 0.79
Koluthara Exports Ltd....................................... 0.79
Konark Aquatics & Exports Pvt. Ltd.......................... 0.79
Libran Cold Storages (P) Ltd................................ 0.79
Magnum Estate Private Limited............................... 0.79
Magnum Export............................................... 0.79
Magnum Sea Foods Pvt. Ltd................................... 0.79
Malabar Arabian Fisheries................................... 0.79
Malnad Exports Pvt. Ltd..................................... 0.79
Mangala Marine Exim India Private Ltd....................... 0.79
Mangala Sea Products........................................ 0.79
Manufacturer Falcon Marine Exports.......................... 0.79
MSC Marine Exporters........................................ 0.79
MTR Foods................................................... 0.79
Naga Hanuman Fish Packers................................... 0.79
Naik Frozen Foods........................................... 0.79
Navayuga Exports Ltd........................................ 0.79
Nekkanti Sea Foods Limited.................................. 0.79
NGR Aqua International...................................... 0.79
Nila Sea Foods Pvt. Ltd..................................... 0.79
Overseas Marine Export...................................... 0.79
Penver Products (P) Ltd..................................... 0.79
Pijikay International Exports P Ltd......................... 0.79
Pisces Seafood International................................ 0.79
Premier Seafoods Exim (P) Ltd............................... 0.79
Raa Systems Pvt. Ltd........................................ 0.79
Raju Exports................................................ 0.79
Ram's Assorted Cold Storage Ltd............................. 0.79
Raunaq Ice & Cold Storage................................... 0.79
Raysons Aquatics Pvt. Ltd................................... 0.79
Razban Seafoods Ltd......................................... 0.79
RBT Exports................................................. 0.79
Riviera Exports Pvt. Ltd.................................... 0.79
Rohi Marine Private Ltd..................................... 0.79
RVR Marine Products Private Limited......................... 0.79
S A Exports................................................. 0.79
S Chanchala Combines........................................ 0.79
S & S Seafoods.............................................. 0.79
Safa Enterprises............................................ 0.79
Sagar Foods................................................. 0.79
Sagar Grandhi Exports Pvt. Ltd.............................. 0.79
Sagarvihar Fisheries Pvt. Ltd............................... 0.79
Sai Marine Exports Pvt. Ltd................................. 0.79
Sai Sea Foods............................................... 0.79
Sai Sea Foods a.k.a. Sai Marine Exports Pvt. Ltd............ 0.79
Sandhya Aqua Exports Pvt. Ltd............................... 0.79
Sandhya Aqua Exports........................................ 0.79
Sandhya Marines Limited..................................... 0.79
Santhi Fisheries & Exports Ltd.............................. 0.79
Satya Seafoods Private Limited.............................. 0.79
Sawant Food Products........................................ 0.79
Seagold Overseas Pvt. Ltd................................... 0.79
Selvam Exports Private Limited.............................. 0.79
Shippers Exports............................................ 0.79
Shroff Processed Food & Cold ZStorage P Ltd................. 0.79
Silver Seafood.............................................. 0.79
Sita Marine Exports......................................... 0.79
Sprint Exports Pvt. Ltd..................................... 0.79
Sri Chandrakantha Marine Exports, Ltd....................... 0.79
Sri Sakkthi Cold Storage.................................... 0.79
Sri Sakthi Marine Products P Ltd............................ 0.79
Sri Satya Marine Exports.................................... 0.79
Sri Venkata Padmavathi Marine Foods Pvt. Ltd................ 0.79
SSF Ltd..................................................... 0.79
Star Agro Marine Exports Private Limited.................... 0.79
Sun Bio-Technology Ltd...................................... 0.79
Suryamitra Exim (P) Ltd..................................... 0.79
Suvarna Rekha Exports Private Limited....................... 0.79
Suvarna Rekha Marines P Ltd................................. 0.79
TBR Exports Pvt Ltd......................................... 0.79
Teekay Maine P. Ltd......................................... 0.79
The Kadalkanny Group (Kadalkanny Frozen Foods, Edhayam 0.79
Frozen Foods Pvt. Ltd., Diamond Seafoods Exports, and Theva
& Company).................................................
The Liberty Group (Devi Marine Food Exports Private Limited/ 0.79
Kader Exports Private Limited/Kader Investment and Trading
Company Private Limited/Liberty Frozen Foods Pvt. Ltd./
Liberty Oil Mills Ltd./Premier Marine Products/Universal
Cold Storage Private Limited)..............................
The Waterbase Limited....................................... 0.79
Tejaswani Enterprises....................................... 0.79
Usha Seafoods............................................... 0.79
V.S Exim Pvt Ltd............................................ 0.79
Veejay Impex................................................ 0.79
Victoria Marine & Agro Exports Ltd.......................... 0.79
Vinner Marine............................................... 0.79
Vishal Exports.............................................. 0.79
Wellcome Fisheries Limited.................................. 0.79
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