Certain Frozen Warmwater Shrimp from Ecuador: Final Results of Antidumping Duty Administrative Review, 47201-47204 [E9-22186]

Download as PDF Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices Dated: September 2, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the Decision Memorandum Comment 1: Whether to Collapse Venus and Affiliated Producer Sieves Comment 2: Whether Certain U.S. Sales by Venus are Constructed Export Price (‘‘CEP’’) or Export Price (‘‘EP’’) Sales and Whether A Principal-Agent Relationship Exists Comment 3: Alleged Reporting Deficiencies for Venus and Sieves 3a: Bahubali’s and Venus Metal’s Involvement in the Production/Sale of Stainless Steel Bar 3b: Hindustan’s Involvement in the Production/Sale of Stainless Steel Bar 3c: Hitech’s Involvement in the Production/Sale of Stainless Steel Bar 3d: Affiliated Party Loans 3e: Affiliated Party Transactions Comment 4: Whether Respondents Failed to Follow the Procedural Requirements of the Department’s Regulations Comment 5: Venus’ Request to Revise Its U.S. Sales Database to Reflect a Billing Adjustment Comment 6: Comparison of Certain Similar Merchandise Sold in the Home Market Comment 7: Whether Certain Home Market Sales are Outside the Ordinary Course of Trade and Whether the Department Should Make a Level of Trade Adjustment Comment 8: Offsetting Negative Margins Comment 9: Whether to Rely on DoubleBracketed Information [FR Doc. E9–22069 Filed 9–14–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–331–802] sroberts on DSKD5P82C1PROD with NOTICES Certain Frozen Warmwater Shrimp from Ecuador: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Ecuador. This review covers 81 producers/exporters of the subject merchandise to the United States. The period of review (POR) is February 1, 2007, through August 14, 2007. Based on our analysis of the comments received, we have made VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 217001 certain changes in the margin calculations for Promarisco, S.A. (Promarisco) and Sociedad Nacional de Galapagos, S.A. (Songa), producer/ exporters selected for individual review. Therefore, the final results for Promarisco and Songa differ from the preliminary results. The final weighted– average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: September 15, 2009. FOR FURTHER INFORMATION CONTACT: David Goldberger or Gemal Brangman, 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) 482–4136 or (202) 482– 3773, respectively. SUPPLEMENTARY INFORMATION: Background This review covers 81 producers/ exporters. The respondents which the Department selected for individual review are Promarisco and Songa. The respondents which were not selected for individual review are listed in the ‘‘Final Results of Review’’ section of this notice. On March 9, 2009, the Department published in the Federal Register the preliminary results of the 2007 administrative review of the antidumping duty order on shrimp from Ecuador. See Certain Frozen Warmwater Shrimp from Ecuador: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 9983 (March 9, 2009) (Preliminary Results). We invited parties to comment on those Preliminary Results. In May 2009, we received case briefs from the domestic producers of frozen warmwater shrimp (i.e., the Ad Hoc Shrimp Trade Action Committee, hereafter ‘‘Domestic Producers’’), the respondents, Promarisco and Songa, and the domestic processors of frozen warmwater shrimp (‘‘the Processors’’), an interested party in this proceeding. Rebuttal briefs were received from the Domestic Producers, Promarisco, Songa, and the Processors. In June 2009, we extended the deadline for the final results, due no later than September 8, 2009. See Certain Frozen Warmwater Shrimp from Ecuador: Notice of Extension of Time Limit for the Final Results of the Third Administrative Review, 74 FR 28018 (June 12, 2009). The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 47201 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,1 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. 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\15SEN1.SGM 15SEN1 47202 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 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. sroberts on DSKD5P82C1PROD with NOTICES Period of Review The POR is February 1, 2007, through August 14, 2007. Cost of Production As discussed in the Preliminary Results, we conducted this administrative review to determine whether Promarisco and Songa made third country sales of the foreign like product during the POR at prices below their costs of production (COP) within the meaning of section 773(b)(1) of the Act. For Promarisco and Songa, we performed the cost test for these final results following the same methodology as in the Preliminary Results, except as discussed in the decision memorandum accompanying this notice (the Decision Memo). We found that 20 percent or more of each respondent’s sales of a given product during the reporting period were at prices less than the weighted– average COP for this period. Thus, we determined that these below–cost sales were made in ‘‘substantial quantities’’ within an extended period of time and at prices which did not permit the recovery of all costs within a reasonable period of time in the normal course of trade. See sections 773(b)(2)(B) - (D) of the Act. VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 217001 Therefore, for purposes of these final results, we find that Promarisco and Songa made below–cost sales not in the ordinary course of trade. Consequently, we disregarded these sales for each respondent and used the remaining sales as the basis for determining normal value pursuant to section 773(b)(1) of the Act. Analysis of Comments Received All issues raised in the case briefs by parties to this administrative review, and to which we have responded, are listed in the Appendix to this notice and addressed in the Decision Memo, which is adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, HCHB Room 1117, of the main Department building. In addition, a complete version of the Issues and Decision Memorandum (Decision Memo) can be accessed directly on the Web at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made certain changes in the margin calculations for Promarisco and Songa. These changes are discussed in the relevant sections of the Decision Memo. In addition, we have changed our calculation of the margins and assessment rates applicable to the companies not selected for individual examination to reflect the simple average of the margins calculated for the respondents selected for individual examination in this review, rather than the weighted average of these margins, excluding de minimis margins or margins based entirely on facts available (FA). This is consistent with our current practice with respect to the calculation of the margins and assessment rates applicable to non–mandatory respondents in cases such as the instant one, where there are only two mandatory respondents with above de minimis margins, or margins based entirely upon FA. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Preliminary Results of Antidumping Duty Administrative Reviews and Intent to Rescind Reviews in Part, 73 FR 25654, 25655 (May 7, 2008); unchanged in Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Part, 73 FR 52823, 52824 (September 11, 2008). Final Results of Review We determine that weighted–average dumping margins exist for the respondents for the period February 1, 2007, through August 14, 2007, as follows: Manufacturer/Exporter Percent Margin Promarisco, S.A. ........... Sociedad Nacional de Galapagos C.A. (Songa) ..................... 0.85 0.75 Review–Specific Average Rate Applicable to the Following Companies:2 Manufacturer/Exporter Agricola e Industrial Ecuaplantation SA .... Agrol SA ....................... Alberto Xavier Mosquera Rosado ..... Alquimia Marina SA ...... Babychic SA ................. Biolife SA ...................... Braistar ......................... Camaronera Jenn Briann ........................ Camarones ................... Comar Cia Ltda. ........... Doblertel SA ................. Dumary SA ................... Dunci SA ....................... El Rosario Ersa SA ...... Empacadora Bilbo SA (Bilbosa) .................... Empacadora del Pacifico SA (EDPACIF SA) .......... Empacadora Dufer Cia. Ltda. (DUFER) .......... Empacadora Grupo Gran Mar (Empagran) SA ............................. Empacadora Nacional CA ............................. Empacadora y Exportadora Calvi Cia. Ltda. ................... Emprede SA ................. Estar CA ....................... Exporclam SA ............... Exporklore SA ............... Exportadora Bananera Noboa ........................ Exportadora de Productos de Mar (Produmar) ................ Exportadora del Oceano (Oceanexa) CA ......... Exportadora Langosmar SA ............................. Percent Margin 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 2 This rate is based on the simple average of the margins calculated for those companies selected for individual examination, excluding de minimis margins or margins based entirely on FA, as discussed above. E:\FR\FM\15SEN1.SGM 15SEN1 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices sroberts on DSKD5P82C1PROD with NOTICES Manufacturer/Exporter See 19 CFR 351.106(c)(1). The Department will issue assessment Transcity SA ................. 0.80 instructions to CBP 15 days after the Transmarina CA ........... 0.80 date of publication of these final results 0.80 Transocean Ecuador of review. SA ............................. 0.80 0.80 The Department clarified its 0.80 Uniline Transport Sys‘‘automatic assessment’’ regulation on tem ............................ 0.80 0.80 May 6, 2003. See Antidumping and 0.80 Countervailing Duty Proceedings: 0.80 Assessment Assessment of Antidumping Duties, 68 0.80 The Department shall determine, and FR 23954 (May 6, 2003) (Assessment CBP shall assess, antidumping duties on Policy Notice). This clarification will 0.80 all appropriate entries. apply to entries of subject merchandise Because Promarisco and Songa each 0.80 during the POR produced by companies reported the entered value of all of their included in these final results of review 0.80 U.S. sales, we have calculated an for which the reviewed companies did 0.80 importer–specific ad valorem duty not know that the merchandise they 0.80 assessment rate based on the ratio of the sold to the intermediary (e.g., a reseller, 0.80 total amount of antidumping duties trading company, or exporter) was 0.80 destined for the United States. In such 0.80 calculated for the examined sales to the total entered value of the examined instances, we will instruct CBP to sales for each respective importer. We liquidate unreviewed entries at the all– 0.80 have calculated a single importer– others rate established in the LTFV specific assessment rate for Promarisco investigation if there is no rate for the 0.80 and Songa, consistent with our practice intermediary involved in the 0.80 in the final results of the 2006 2007 transaction. See Assessment Policy administrative review (see Certain Notice for a full discussion of this Frozen Warmwater Shrimp from clarification. 0.80 0.80 Ecuador: Final Results and Partial Discontinuation of Cash Deposit 0.80 Rescission of Antidumping Duty Requirements 0.80 Administrative Review, 73 FR 39945 On August 15, 2007, in accordance 0.80 (July 11, 2008)). See also Ball Bearings 0.80 and Parts Thereof from France, with sections 129(b)(4) and 129(c)(1)(B) Germany, Italy, Japan, and Singapore: of the Uruguay Round Agreements Act, Final Results of the Antidumping the U.S. Trade Representative, after Administrative Reviews, Rescission of consulting with the Department and 0.80 Administrative Review in part, and Congress, directed the Department to 0.80 implement its determination to revoke 0.80 Determination Not to Revoke Order in the antidumping duty order on certain 0.80 Part, 68 FR 35623 (June 16, 2003), and accompanying Issues and Decision frozen warmwater shrimp from Ecuador. See Implementation of the Findings of 0.80 Memorandum at Comment 9B; and 0.80 Notice of Final Results of Antidumping the WTO Panel in United States 0.80 Duty Administrative Review and Notice Antidumping Measure on Shrimp from of Final Results of Antidumping Duty Ecuador: Notice of Determination Under 0.80 Changed Circumstances Review: Certain section 129 of the Uruguay Round 0.80 Softwood Lumber Products From Agreements Act and Revocation of the Antidumping Duty Order on Frozen 0.80 Canada, 69 FR 75921 (December 20, 2004), and accompanying Issues and Warmwater Shrimp from Ecuador, 72 FR 48257 (August 23, 2007). 0.80 Decision Memorandum at Comment 13. For the responsive companies which Accordingly, the antidumping duty were not selected for individual review, order on certain frozen warmwater 0.80 we have calculated an assessment rate shrimp from Ecuador was revoked based on the simple average of the effective August 15, 2007. As a result, margins calculated for the companies we have instructed CBP to discontinue 0.80 selected for individual review excluding collection of cash deposits of 0.80 any which are de minimis or antidumping duties on entries of the 0.80 determined entirely on FA. subject merchandise. We will instruct Customs and Border 0.80 Notification to Importers Protection (CBP) to assess antidumping duties on all appropriate entries covered This notice serves as a final reminder 0.80 by this review if any importer–specific to importers of their responsibility, assessment rate calculated in the final under 19 CFR 351.402(f)(2), to file a 0.80 results of this review is above de certificate regarding the reimbursement 0.80 minimis (i.e., at or above 0.50 percent). of antidumping duties prior to 0.80 Pursuant to 19 CFR 351.106(c)(2), we liquidation of the relevant entries will instruct CBP to liquidate without during this review period. Failure to comply with this requirement could 0.80 regard to antidumping duties any result in the Secretary’s presumption 0.80 entries for which the assessment rate is 0.80 de minimis (i.e., less than 0.50 percent). that reimbursement of antidumping Percent Margin Exportadora del Oceano Pacifico SA (OCEANPAC) ............ Exports Langosmar SA Fortumar Ecuador SA ... Gambas del Pacifico SA Gondi SA ...................... Hector Canino Marty .... Hectorosa SA ............... Industrial Pesquera Santa Priscila SA (Santa Priscila) .......... Inepexa SA ................... Jorge Luis Benitez Lopez ........................ Karpicorp SA ................ Luis Loaiza Alvarez ...... Mardex Cia. Ltda. ......... Marine ........................... Marines CA ................... Mariscos de Chupadores Chupamar ................. Mariscos del Ecuador C. Ltda. (Marecuador) Natural Select SA ......... Negocios Industriales Real Nirsa SA (NIRSA) ..................... Novapesca SA .............. Ocean Fish ................... Oceaninvest SA ............ Oceanmundo SA .......... Oceanpro SA ................ Operadora y Procesadora de Productos Marinos SA (Omarsa) ............. Oyerly SA ..................... P.C. Seafood SA .......... Pacfish SA .................... PCC Congelados & Frescos SA ............... Pescazul SA ................. Peslasa SA ................... Phillips Seafoods of Ecuador CA (Phillips) .... Pisacua SA ................... Procesadora del Rio SA (Proriosa) .................. Productos Cultivados del Mar Proc. ............ Productos Cultivados del Mar Proculmar Cia. Ltda. ................... Productos del Mar Santa Rosa Cia. Ltda. (Promarosa) .............. Propemar SA ................ Provefrut ....................... Rommy Roxana Alvarez Anchundia ................. Sea Pronto Hector Marty Canino (Sea Pronto) ...................... Sociedad Atlantico Pacifico SA ................ Soitgar SA .................... Studmark SA ................ Tecnica y Comercio de la Pesca CA (TECOPESCA) .......... Tolyp SA ....................... Trans Ocean ................. VerDate Nov<24>2008 19:12 Sep 14, 2009 47203 Jkt 217001 Manufacturer/Exporter PO 00000 Frm 00019 Fmt 4703 Percent Margin Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1 47204 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices Songa duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. September 8, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Background Comment 15: Revision of Count–Size Range Model–Match Coding for Certain Head–On Shrimp Products Comment 16: Completeness of Indirect Selling Expense Reporting Comment 17: Inclusion of Foreign Exchange Losses in Songa’s Financial Expense Ratio Comment 18: Treatment of Depreciation for Revalued Fixed Assets in Fixed Overhead Costs Comment 19: Amortization of the Cost of Export Certificates in Financial Expenses On July 24, 1996, the Department published a CVD order on certain pasta (‘‘pasta’’ or ‘‘subject merchandise’’) from Italy. See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta From Italy, 61 FR 38544 (July 24, 1996). On July 11, 2008, the Department published a notice of ‘‘Opportunity to Request Administrative Review’’ of this CVD order for calendar year 2007, the period of review (‘‘POR’’). See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 39948 (July 11, 2008). On July 28, 2008, we received such a request from F.lli De Cecco di Filippo Fara San Martino S.p.A. (‘‘De Cecco’’). On July 31, 2008, we received a review request for review from De Matteis. On July 31, 2008, we received a collective request from New World Pasta Company, American Italian Pasta Company, and Dakota Growers Pasta Company (‘‘petitioners’’) for a review of De Matteis. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of this review on August 26, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 73 FR 50308 (August 26, 2008). On September 15, 2008, we issued CVD questionnaires to the Commission of the European Union (‘‘EU’’), the Government of Italy (‘‘GOI’’), De Matteis, and De Cecco. We received responses to our questionnaires in October and November 2008. On December 22, 2008, De Cecco withdrew its request for review. On January 27, 2009, we rescinded the review with respect to De Cecco. See Certain Pasta From Italy: Notice of Partial Rescission of Twelfth (2007) Countervailing Duty Administrative Review, 74 FR 4734 (January 27, 2009). We issued supplemental questionnaires to De Matteis and the GOI in December 2008, January 2009, and March 2009, and we received responses to our supplemental questionnaires in December 2008, February 2009, March 2009, and April 2009. Since the publication of the Preliminary Results, we invited interested parties to submit briefs. No briefs were received. Comment 21: Offset Adjustment to G&A Expenses for Certain Non–Operating Income Items [FR Doc. E9–22186 Filed 9–14–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Appendix Issues in Decision Memo General Comments: [C–475–819] Comment 1: Offsetting of Negative Margins Certain Pasta from Italy: Final Results of the 12th (2007) Countervailing Duty Administrative Review Comment 2: Using CBP Data for Respondent Selection Comment 3: Restricting Count–Size Comparisons Under the Model– Matching Methodology Comment 4: Assessment Rate Assigned to Companies Receiving the Review– Specific Average Rate Comment 5: Reporting of Raw Material Costs Company–Specific Comments: Promarisco sroberts on DSKD5P82C1PROD with NOTICES Comment 6: Use of Adverse Facts Available to Calculate Promarisco’s Imputed Credit Expenses Comment 7: Treatment of Promarisco’s Bill of Lading Fees and Analysis and Inspection Fees Comment 8: Adjustment of Promarisco’s Indirect Selling Expenses Comment 9: Treatment of Promarisco’s U.S. and Comparison–Market Billing Adjustments Comment 10: Payment Date Assigned for Certain U.S. sales Comment 11: Treatment of Write–offs in G&A Expenses Comment 12: Treatment of Promarisco’s Interest Income Offset Comment 13: Processing Costs for Block–Frozen Products Comment 14: Calculation of Entered Value for a Certain U.S. Sale VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 217001 AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (‘‘the Department’’) has completed its administrative review of the countervailing duty (‘‘CVD’’) order on certain pasta from Italy for the period January 1, 2007, through December 31, 2007. On May 28, 2009, we published the Preliminary Results of this review. See Certain Pasta from Italy: Preliminary Results of the 12th (2007) Countervailing Duty Administrative Review, 74 FR 25489 (May 28, 2009) (‘‘Preliminary Results’’). We did not receive any comments on the Preliminary Results and have made no revisions. We find that De Matteis Agroalimentare S.p.A. (‘‘De Matteis’’) received countervailable subsidies. The final net subsidy rate for De Matteis is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: September 15, 2009. FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–0116 and (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Period of Review The period for which we are measuring subsidies, or POR, is January 1, 2007, through December 31, 2007. E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47201-47204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22186]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-802]


Certain Frozen Warmwater Shrimp from Ecuador: Final Results of 
Antidumping Duty Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 9, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain frozen warmwater shrimp (shrimp) from 
Ecuador. This review covers 81 producers/exporters of the subject 
merchandise to the United States. The period of review (POR) is 
February 1, 2007, through August 14, 2007.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations for Promarisco, S.A. 
(Promarisco) and Sociedad Nacional de Galapagos, S.A. (Songa), 
producer/exporters selected for individual review. Therefore, the final 
results for Promarisco and Songa differ from the preliminary results. 
The final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: September 15, 2009.

FOR FURTHER INFORMATION CONTACT:  David Goldberger or Gemal Brangman, 
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-
4136 or (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 81 producers/exporters. The respondents which 
the Department selected for individual review are Promarisco and Songa. 
The respondents which were not selected for individual review are 
listed in the ``Final Results of Review'' section of this notice.
    On March 9, 2009, the Department published in the Federal Register 
the preliminary results of the 2007 administrative review of the 
antidumping duty order on shrimp from Ecuador. See Certain Frozen 
Warmwater Shrimp from Ecuador: Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 9983 (March 9, 2009) (Preliminary 
Results). We invited parties to comment on those Preliminary Results. 
In May 2009, we received case briefs from the domestic producers of 
frozen warmwater shrimp (i.e., the Ad Hoc Shrimp Trade Action 
Committee, hereafter ``Domestic Producers''), the respondents, 
Promarisco and Songa, and the domestic processors of frozen warmwater 
shrimp (``the Processors''), an interested party in this proceeding. 
Rebuttal briefs were received from the Domestic Producers, Promarisco, 
Songa, and the Processors.
    In June 2009, we extended the deadline for the final results, due 
no later than September 8, 2009. See Certain Frozen Warmwater Shrimp 
from Ecuador: Notice of Extension of Time Limit for the Final Results 
of the Third Administrative Review, 74 FR 28018 (June 12, 2009).
    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

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,\1\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \1\ ``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.

[[Page 47202]]

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.

Period of Review

    The POR is February 1, 2007, through August 14, 2007.

Cost of Production

    As discussed in the Preliminary Results, we conducted this 
administrative review to determine whether Promarisco and Songa made 
third country sales of the foreign like product during the POR at 
prices below their costs of production (COP) within the meaning of 
section 773(b)(1) of the Act. For Promarisco and Songa, we performed 
the cost test for these final results following the same methodology as 
in the Preliminary Results, except as discussed in the decision 
memorandum accompanying this notice (the Decision Memo).
    We found that 20 percent or more of each respondent's sales of a 
given product during the reporting period were at prices less than the 
weighted-average COP for this period. Thus, we determined that these 
below-cost sales were made in ``substantial quantities'' within an 
extended period of time and at prices which did not permit the recovery 
of all costs within a reasonable period of time in the normal course of 
trade. See sections 773(b)(2)(B) - (D) of the Act.
    Therefore, for purposes of these final results, we find that 
Promarisco and Songa made below-cost sales not in the ordinary course 
of trade. Consequently, we disregarded these sales for each respondent 
and used the remaining sales as the basis for determining normal value 
pursuant to section 773(b)(1) of the Act.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review, and to which we have responded, are listed in 
the Appendix to this notice and addressed in the Decision Memo, which 
is adopted by this notice. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum, which is on file in the Central Records 
Unit, HCHB Room 1117, of the main Department building.
    In addition, a complete version of the Issues and Decision 
Memorandum (Decision Memo) can be accessed directly on the Web at 
https://ia.ita.doc.gov/frn/. The paper copy and electronic version of 
the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations for Promarisco and Songa. 
These changes are discussed in the relevant sections of the Decision 
Memo.
    In addition, we have changed our calculation of the margins and 
assessment rates applicable to the companies not selected for 
individual examination to reflect the simple average of the margins 
calculated for the respondents selected for individual examination in 
this review, rather than the weighted average of these margins, 
excluding de minimis margins or margins based entirely on facts 
available (FA). This is consistent with our current practice with 
respect to the calculation of the margins and assessment rates 
applicable to non-mandatory respondents in cases such as the instant 
one, where there are only two mandatory respondents with above de 
minimis margins, or margins based entirely upon FA. See Ball Bearings 
and Parts Thereof from France, Germany, Italy, Japan, and the United 
Kingdom: Preliminary Results of Antidumping Duty Administrative Reviews 
and Intent to Rescind Reviews in Part, 73 FR 25654, 25655 (May 7, 
2008); unchanged in Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008).

Final Results of Review

    We determine that weighted-average dumping margins exist for the 
respondents for the period February 1, 2007, through August 14, 2007, 
as follows:

------------------------------------------------------------------------
                Manufacturer/Exporter                   Percent Margin
------------------------------------------------------------------------
Promarisco, S.A.....................................                0.85
Sociedad Nacional de Galapagos C.A. (Songa).........                0.75
------------------------------------------------------------------------

Review-Specific Average Rate Applicable to the Following Companies:\2\
---------------------------------------------------------------------------

    \2\ This rate is based on the simple average of the margins 
calculated for those companies selected for individual examination, 
excluding de minimis margins or margins based entirely on FA, as 
discussed above.

------------------------------------------------------------------------
                Manufacturer/Exporter                   Percent Margin
------------------------------------------------------------------------
Agricola e Industrial Ecuaplantation SA.............                0.80
Agrol SA............................................                0.80
Alberto Xavier Mosquera Rosado......................                0.80
Alquimia Marina SA..................................                0.80
Babychic SA.........................................                0.80
Biolife SA..........................................                0.80
Braistar............................................                0.80
Camaronera Jenn Briann..............................                0.80
Camarones...........................................                0.80
Comar Cia Ltda......................................                0.80
Doblertel SA........................................                0.80
Dumary SA...........................................                0.80
Dunci SA............................................                0.80
El Rosario Ersa SA..................................                0.80
Empacadora Bilbo SA (Bilbosa).......................                0.80
Empacadora del Pacifico SA (EDPACIF SA).............                0.80
Empacadora Dufer Cia. Ltda. (DUFER).................                0.80
Empacadora Grupo Gran Mar (Empagran) SA.............                0.80
Empacadora Nacional CA..............................                0.80
Empacadora y Exportadora Calvi Cia. Ltda............                0.80
Emprede SA..........................................                0.80
Estar CA............................................                0.80
Exporclam SA........................................                0.80
Exporklore SA.......................................                0.80
Exportadora Bananera Noboa..........................                0.80
Exportadora de Productos de Mar (Produmar)..........                0.80
Exportadora del Oceano (Oceanexa) CA................                0.80
Exportadora Langosmar SA............................                0.80

[[Page 47203]]

 
Exportadora del Oceano Pacifico SA (OCEANPAC).......                0.80
Exports Langosmar SA................................                0.80
Fortumar Ecuador SA.................................                0.80
Gambas del Pacifico SA..............................                0.80
Gondi SA............................................                0.80
Hector Canino Marty.................................                0.80
Hectorosa SA........................................                0.80
Industrial Pesquera Santa Priscila SA (Santa                        0.80
 Priscila)..........................................
Inepexa SA..........................................                0.80
Jorge Luis Benitez Lopez............................                0.80
Karpicorp SA........................................                0.80
Luis Loaiza Alvarez.................................                0.80
Mardex Cia. Ltda....................................                0.80
Marine..............................................                0.80
Marines CA..........................................                0.80
Mariscos de Chupadores Chupamar.....................                0.80
Mariscos del Ecuador C. Ltda. (Marecuador)..........                0.80
Natural Select SA...................................                0.80
Negocios Industriales Real Nirsa SA (NIRSA).........                0.80
Novapesca SA........................................                0.80
Ocean Fish..........................................                0.80
Oceaninvest SA......................................                0.80
Oceanmundo SA.......................................                0.80
Oceanpro SA.........................................                0.80
Operadora y Procesadora de Productos Marinos SA                     0.80
 (Omarsa)...........................................
Oyerly SA...........................................                0.80
P.C. Seafood SA.....................................                0.80
Pacfish SA..........................................                0.80
PCC Congelados & Frescos SA.........................                0.80
Pescazul SA.........................................                0.80
Peslasa SA..........................................                0.80
Phillips Seafoods of Ecuador CA (Phillips)..........                0.80
Pisacua SA..........................................                0.80
Procesadora del Rio SA (Proriosa)...................                0.80
Productos Cultivados del Mar Proc...................                0.80
Productos Cultivados del Mar Proculmar Cia. Ltda....                0.80
Productos del Mar Santa Rosa Cia. Ltda. (Promarosa).                0.80
Propemar SA.........................................                0.80
Provefrut...........................................                0.80
Rommy Roxana Alvarez Anchundia......................                0.80
Sea Pronto Hector Marty Canino (Sea Pronto).........                0.80
Sociedad Atlantico Pacifico SA......................                0.80
Soitgar SA..........................................                0.80
Studmark SA.........................................                0.80
Tecnica y Comercio de la Pesca CA (TECOPESCA).......                0.80
Tolyp SA............................................                0.80
Trans Ocean.........................................                0.80
Transcity SA........................................                0.80
Transmarina CA......................................                0.80
Transocean Ecuador SA...............................                0.80
Uniline Transport System............................                0.80
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries.
    Because Promarisco and Songa each reported the entered value of all 
of their U.S. sales, we have calculated 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 each respective importer. We 
have calculated a single importer-specific assessment rate for 
Promarisco and Songa, consistent with our practice in the final results 
of the 2006 2007 administrative review (see Certain Frozen Warmwater 
Shrimp from Ecuador: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 39945 (July 11, 2008)). 
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 Order in Part, 68 FR 35623 (June 16, 2003), and 
accompanying Issues and Decision Memorandum at Comment 9B; and 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.
    For the responsive companies which were not selected for individual 
review, we have calculated an assessment rate based on the simple 
average of the margins calculated for the companies selected for 
individual review excluding any which are de minimis or determined 
entirely on FA.
    We will instruct Customs and Border Protection (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 (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). See 19 
CFR 351.106(c)(1). The Department will issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
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 established in the LTFV investigation if there is 
no rate for the intermediary involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.

Discontinuation of 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, 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 Implementation of the Findings of the WTO Panel in United States 
Antidumping Measure on Shrimp from Ecuador: Notice of Determination 
Under section 129 of the Uruguay Round Agreements Act and Revocation of 
the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador, 72 
FR 48257 (August 23, 2007). Accordingly, the antidumping duty order on 
certain frozen warmwater shrimp from Ecuador was revoked effective 
August 15, 2007. As a result, we have instructed CBP to discontinue 
collection of cash deposits of antidumping duties on entries of the 
subject merchandise.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping

[[Page 47204]]

duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix Issues in Decision Memo

General Comments:

Comment 1: Offsetting of Negative Margins
Comment 2: Using CBP Data for Respondent Selection
Comment 3: Restricting Count-Size Comparisons Under the Model-Matching 
Methodology
Comment 4: Assessment Rate Assigned to Companies Receiving the Review-
Specific Average Rate
Comment 5: Reporting of Raw Material Costs

Company-Specific Comments:

Promarisco

Comment 6: Use of Adverse Facts Available to Calculate Promarisco's 
Imputed Credit Expenses
Comment 7: Treatment of Promarisco's Bill of Lading Fees and Analysis 
and Inspection Fees
Comment 8: Adjustment of Promarisco's Indirect Selling Expenses
Comment 9: Treatment of Promarisco's U.S. and Comparison-Market Billing 
Adjustments
Comment 10: Payment Date Assigned for Certain U.S. sales
Comment 11: Treatment of Write-offs in G&A Expenses
Comment 12: Treatment of Promarisco's Interest Income Offset
Comment 13: Processing Costs for Block-Frozen Products
Comment 14: Calculation of Entered Value for a Certain U.S. Sale

Songa

Comment 15: Revision of Count-Size Range Model-Match Coding for Certain 
Head-On Shrimp Products
Comment 16: Completeness of Indirect Selling Expense Reporting
Comment 17: Inclusion of Foreign Exchange Losses in Songa's Financial 
Expense Ratio
Comment 18: Treatment of Depreciation for Revalued Fixed Assets in 
Fixed Overhead Costs
Comment 19: Amortization of the Cost of Export Certificates in 
Financial Expenses
Comment 21: Offset Adjustment to G&A Expenses for Certain Non-Operating 
Income Items
[FR Doc. E9-22186 Filed 9-14-09; 8:45 am]
BILLING CODE 3510-DS-S