Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review, Partial Rescission, and Final No Shipment Determination, 41203-41207 [2011-17486]
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
284–4872, TDD (304) 284–4836,
David Cain.
Wisconsin State Office, 4949 Kirschling
Court, Stevens Point, WI 54481, (715)
345–7676, TDD (715) 345–7614,
Cheryl Halverson.
Wyoming State Office, PO Box 11005,
Casper, WY 82602, (307) 233–6716,
TDD (307) 233–6733, Timothy Brooks.
Dated: July 6, 2011.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
[FR Doc. 2011–17530 Filed 7–12–11; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Final Results of
Antidumping Duty Administrative
Review, Partial Rescission, and Final
No Shipment Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 4, 2011, 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
India. This review covers 201
producers/exporters 1 of the subject
merchandise to the United States. The
period of review (POR) is February 1,
2009, through January 31, 2010.
Based on our analysis of the
comments received, we have made no
changes to the margin calculations.
Therefore, the final results do not 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.’’
DATES: Effective Date: July 13, 2011.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 This figure does not include Vaibhav Sea Foods
(Vaibhav), a company for which the Department is
rescinding the administrative review. This figure
also treats collapsed entities as one producer/
exporter. For further discussion concerning the
rescission of the review with respect to Vaibhav, see
the ‘‘Partial Rescission’’ section of this notice
below.
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Jkt 223001
SUPPLEMENTARY INFORMATION:
Background
This review covers 201 producers/
exporters. The respondents which the
Department selected for individual
examination are Apex Exports (Apex)
and Falcon Marine Exports Limited
(Falcon). The respondents which were
not selected for individual examination
are listed in the ‘‘Final Results of
Review’’ section of this notice.
On March 4, 2011, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on shrimp from India. See Certain
Frozen Warmwater Shrimp From India:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission of Review, and Preliminary
No Shipment Determination, 76 FR
12025 (Mar. 4, 2011) (Preliminary
Results).
On March 21, 2011, in response to a
request from the Department, Triveni
Fisheries Pvt. Ltd. (Triveni), a
respondent not selected for individual
examination, clarified its previous
submission to indicate that it had no
shipments, entries or sales of subject
merchandise during the POR. For
further discussion, see the
‘‘Determination of No Shipments’’
section of this notice.
In April 2011, the Department verified
the cost data reported by Apex in India.
We invited parties to comment on the
Preliminary Results of review. In May
2011, we received case and rebuttal
briefs from the Ad Hoc Shrimp Trade
Action Committee (the petitioner), the
American Shrimp Processors
Association/the Louisiana Shrimp
Association (collectively, ‘‘the
processors’’), and Apex and Falcon.
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, shellon or peeled, tail-on or tail-off,2
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), are products
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
41203
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 ten 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
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
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, 2009, through
January 31, 2010.
mstockstill on DSK4VPTVN1PROD with NOTICES
Partial Rescission
In April 2010, after receiving timely
requests, the Department initiated this
administrative review with respect to a
number of Indian exporters/producers,
including Vaibhav. See generally
Certain Frozen Warmwater Shrimp
From Brazil, India, and Thailand:
Notice of Initiation of Antidumping
Duty Administrative Reviews, 76 FR
18157 (Apr. 1, 2011) (Initiation Notice).
We also included Vaibhav in the list of
respondents not selected for individual
review in our preliminary results. See
generally Preliminary Results, 76 FR at
12032. However, in the 2005–2006
administrative review, we determined
that this company no longer existed. See
Certain Frozen Warmwater Shrimp
From India: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 72 FR 52055,
52057 (Sept. 12, 2007). Because there is
no evidence on the record to contradict
this prior determination, we find that
our initiation with respect to Vaibhav
was in error. As a result, we have
determined to rescind this review with
respect to Vaibhav.
Determination of No Shipments
As noted in the Preliminary Results,
we received no-shipment claims from
20 companies named in the Initiation
Notice, and we confirmed the claims
from 19 of these companies with U.S.
Customs and Border Protection (CBP).
With respect to the remaining company,
Triveni, it appeared from CBP entry
documents that shrimp produced by
this company entered the United States
during the POR; however, as noted in
the ‘‘Background’’ section, above,
Trivini clarified its no-shipment
statement after the date of the
Preliminary Results to indicate that it
had no knowledge of any shipments,
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17:36 Jul 12, 2011
Jkt 223001
entries, or sales of subject merchandise
to the United States during this period.
See Triveni’s letter to the Department
dated March 21, 2011. Based on
Triveni’s most recent submission, we
find that Triveni had no reportable
transactions during the POR.
Therefore, because we find that the
record indicates that these 20
companies did not export subject
merchandise to the United States during
the POR, we determine that they had no
reviewable transactions during the POR.
These companies are:
(1) Abad Fisheries Pvt. Ltd.
(2) Accelerated Freeze Drying
Company Ltd.3
(3) Baby Marine International
(4) Baby Marine Sarass
(5) Blue Water Foods & Exports P. Ltd.
(6) BMR Exports
(7) Castlerock Fisheries Pvt. Ltd.
(8) Coastal Corporation Ltd.
(9) Diamond Seafoods Exports/
Edhayam Frozen Foods Pvt. Ltd./
Kadalkanny Frozen Foods/Theva &
Company
(10) G A Randerian (P) Limited 4
(11) GKS Business Associates (P) Ltd.5
(12) Kalyan Aqua & Marine Exports
India Pvt. Ltd.
(13) L. G. Sea Foods 6
(14) Lewis Natural Foods Ltd.
(15) Libran Cold Storages Pvt. Ltd.
(16) Shimpo Exports
(17) SSF Limited
(18) Sterling Foods
(19) Triveni Fisheries Pvt. Ltd.
(20) Unitriveni Overseas
As we stated in the Preliminary
Results, our former practice concerning
respondents submitting timely noshipment certifications was to rescind
the administrative review with respect
to those companies if we were able to
confirm the no-shipment certifications
through a no-shipment inquiry with
CBP. See Antidumping Duties;
Countervailing Duties; Final rule, 62 FR
27296, 27393 (May 19, 1997); see also
Stainless Steel Sheet and Strip in Coils
from Taiwan: Final Results of
Antidumping Duty Administrative
Review, 75 FR 76700, 76701 (Dec. 9,
2010). As a result, in such
circumstances, we normally instructed
CBP to liquidate any entries from the
no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, clarification of the
‘‘automatic assessment’’ regulation, we
3 This company was listed in the Initiation Notice
as Accelerated Freeze-Drying Company Ltd.
4 This company was listed in the Initiation Notice
as G A Randerian Ltd.
5 This company was listed in the Initiation Notice
as G.K S Business Associates Pvt. Ltd.
6 This company was listed in the Initiation Notice
as L.G Seafoods.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
explained that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice).
As noted in the Preliminary Results,
because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 2003
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by the
above listed companies and exported by
other parties at the all-others rate. In
addition, we continue to find that it is
more consistent with the May 2003
clarification not to rescind the review in
part in these circumstances but, rather,
to complete the review with respect to
the 20 companies listed above and issue
appropriate instructions to CBP based
on the final results of this
administrative review. See the
‘‘Assessment Rates’’ section of this
notice below.
Cost of Production
As discussed in the Preliminary
Results, we conducted an investigation
to determine whether Apex and Falcon
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) of
the Act. See Preliminary Results, 76 FR
at 12029–12030. For these final results,
we performed the cost test following the
same methodology as in the Preliminary
Results. See id. at 12030.
As explained in the Preliminary
Results, based on the record of this
administrative review we found 20
percent or more of Apex’s and Falcon’s
sales of a given product during the
reporting period were made 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 id.;
and sections 773(b)(1)–(2) of the Act.
Following the publication of the
Preliminary Results, no additional
information was placed on the record
concerning our determination of sales
made below COP. Therefore, for
purposes of these final results, we
continue to find that, for certain
products, Apex and Falcon made below-
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
cost sales not in the ordinary course of
trade. Consequently, we are continuing
to disregard these sales for each
respondent and have used the
remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Additionally, for those U.S. sales of
subject merchandise for which there
were no third country sales in the
ordinary course of trade, we continued
to compare export prices to constructed
value in accordance with section
773(a)(4). See generally Preliminary
Results, 76 FR at 12031.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review, are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum (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, room 7046, of
the main Department building.
In addition, a complete version of the
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 no
changes in the margin calculations.
Final Results of Review
We determine that the following
weighted-average margin percentages
exist for the period February 1, 2009,
through January 31, 2010:
Manufacturer/Exporter
Percent
margin
Apex Exports ............................
Falcon Marine Exports Limited
2.31
1.36
mstockstill on DSK4VPTVN1PROD with NOTICES
Review-Specific Average Rate
Applicable to the Following
Companies: 7
7 This rate is based on the average of the margins
calculated for those companies selected for
individual review, weighted by each company’s
publicly-ranged quantity of reported U.S.
transactions. Because we cannot apply our normal
methodology of calculating a weighted-average
margin due to requests to protect businessproprietary information, we find this rate to be the
best proxy of the actual weighted-average margin
determined for the mandatory respondents. See Ball
Bearings and Parts Thereof From France, et al.:
Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (Sept. 1, 2010) (Bearings from
France).
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17:36 Jul 12, 2011
Jkt 223001
Manufacturer/Exporter
Abad Fisheries Pvt. Ltd ............
Accelerated Freeze Drying
Company Ltd .........................
Adani Exports Ltd .....................
Adilakshmi Enterprises .............
Allana Frozen Foods Pvt. Ltd ...
Allansons Ltd ............................
AMI Enterprises ........................
Amulya Sea Foods ...................
Anand Aqua Exports ................
Ananda Aqua Applications/
Ananda Aqua Exports (P)
Limited/ Ananda Foods .........
Andaman Seafoods Pvt. Ltd ....
Angelique Intl ............................
Anjaneya Seafoods ..................
Anjani Marine Traders ..............
Asvini Exports ...........................
Asvini Feeds Limited ................
Asvini Fisheries Private Limited
Avanti Feeds Limited ................
Ayshwarya Seafood Private
Limited ...................................
Baby Marine Exports ................
Baby Marine International ........
Baby Marine Sarass .................
Bhatsons Aquatic Products ......
Bhavani Seafoods ....................
Bhisti Exports ............................
Bijaya Marine Products ............
Blue Water Foods & Exports P.
Ltd .........................................
Bluefin Enterprises ...................
Bluepark Seafoods Pvt. Ltd ......
Britto Exports ............................
BMR Exports ............................
C P Aquaculture (India) Ltd ......
Calcutta Seafoods Pvt. Ltd .......
Capithan Exporting Co .............
Castlerock Fisheries Pvt. Ltd ...
Chemmeens (Regd) .................
Cherukattu Industries (Marine
Div.) .......................................
Choice Canning Company .......
Choice Trading Corporation Private Limited ...........................
Coastal Corporation Ltd ...........
Cochin Frozen Food Exports
Pvt. Ltd ..................................
Coreline Exports .......................
Corlim Marine Exports Pvt. Ltd
Damco India Private .................
Devi Fisheries Limited ..............
Devi Marine Food Exports Private Ltd./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 ...............
Dhanamjaya Impex P. Ltd ........
Diamond Seafoods Exports/
Edhayam Frozen Foods Pvt.
Ltd./Kadalkanny Frozen
Foods/Theva & Company .....
Digha Seafood Exports ............
Esmario Export Enterprises ......
Exporter Coreline Exports ........
Five Star Marine Exports Private Limited ...........................
Forstar Frozen Foods Pvt. Ltd
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Percent
margin
Manufacturer/Exporter
*
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
*
*
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
*
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
Frigerio Conserva Allana Limited ........................................
Frontline Exports Pvt. Ltd .........
G A Randerian (P) Limited .......
Gadre Marine Exports ..............
Galaxy Maritech Exports P. Ltd
Gayatri Sea Foods and Feeds
Private Ltd .............................
Gayatri Seafoods ......................
Geo Aquatic Products (P) Ltd ..
Geo Seafoods ...........................
GKS Business Associates (P)
Ltd .........................................
Grandtrust Overseas (P) Ltd ....
GVR Exports Pvt. Ltd ...............
Haripriya Marine Export Pvt.
Ltd .........................................
Harmony Spices Pvt. Ltd ..........
HIC ABF Special Foods Pvt.
Ltd .........................................
Hindustan Lever, Ltd ................
Hiravata Ice & Cold Storage ....
Hiravati Exports Pvt. Ltd ...........
Hiravati International Pvt. Ltd.
(located at APM—Mafco
Yard, Sector—18, Vashi,
Navi, Mumbai—400 705,
India) .....................................
Hiravati International Pvt. Ltd.
(located at Jawar Naka,
Porbandar, Gujarat, 360 575,
India) .....................................
IFB Agro Industries Ltd ............
Indian Aquatic Products ...........
Indo Aquatics ............................
Innovative Foods Limited .........
International Freezefish Exports
Interseas ...................................
ITC Limited, International Business .......................................
ITC Ltd ......................................
Jagadeesh Marine Exports .......
Jaya Satya Marine Exports ......
Jaya Satya Marine Exports Pvt.
Ltd .........................................
Jayalakshmi Sea Foods Private
Limited ...................................
Jinny Marine Traders ................
Jiya Packagings ........................
KNR Marine Exports .................
K R M Marine Exports Ltd ........
K V Marine Exports ..................
Kalyan Aqua & Marine Exports
India Pvt. Ltd .........................
Kalyanee Marine .......................
Kay Kay Exports .......................
Kings Marine Products .............
Koluthara Exports Ltd ...............
Konark Aquatics & Exports Pvt.
Ltd .........................................
L. G. Sea Foods .......................
Landauer Ltd. C O Falcon Marine Exports Ltd .....................
Lewis Natural Foods Ltd ..........
Libran Cold Storages Pvt. Ltd ..
Lotus Sea Farms ......................
Lourde Exports .........................
Magnum Estates Limited ..........
Magnum Export ........................
Magnum Sea Foods Limited ....
Malabar Arabian Fisheries .......
Malnad Exports Pvt. Ltd ...........
E:\FR\FM\13JYN1.SGM
13JYN1
41205
Percent
margin
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
*
1.69
*
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
41206
Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Manufacturer/Exporter
Percent
margin
Mangala Marine Exim India Private Ltd .................................
Mangala Sea Products .............
Marine Exports .........................
Meenaxi Fisheries Pvt. Ltd .......
MSC Marine Exporters .............
MSRDR Exports .......................
MTR Foods ...............................
N.C. John & Sons (P) Ltd ........
Naga Hanuman Fish Packers ..
Naik Frozen Foods ...................
Naik Seafoods Ltd ....................
Navayuga Exports Ltd ..............
Nekkanti Sea Foods Limited ....
NGR Aqua International ...........
Nila Sea Foods Pvt. Ltd ...........
Nine Up Frozen Foods .............
Overseas Marine Export ...........
Penver Products (P) Ltd ...........
Pijikay International Exports P
Ltd .........................................
Pisces Seafood International ....
Premier Seafoods Exim (P) Ltd
R V R Marine Products Private
Limited ...................................
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 .............................
RDR Exports .............................
Riviera Exports Pvt. Ltd ............
Rohi Marine Private Ltd ............
Royal Cold Storage India P Ltd
S & S Seafoods ........................
S. A. Exports ............................
S Chanchala Combines ............
Safa Enterprises .......................
Sagar Foods .............................
Sagar Grandhi Exports Pvt. Ltd
Sagarvihar Fisheries Pvt. Ltd ...
SAI Marine Exports Pvt. Ltd .....
SAI Sea Foods .........................
Sanchita Marine Products P Ltd
Sandhya Aqua Exports .............
Sandhya Aqua Exports Pvt. Ltd
Sandhya Marines Limited .........
Santhi Fisheries & Exports Ltd
Satya Seafoods Private Limited
Sawant Food Products .............
Seagold Overseas Pvt. Ltd ......
Selvam Exports Private Limited
Sharat Industries Ltd ................
Shimpo Exports ........................
Shippers Exports ......................
Shroff Processed Food & Cold
Storage P Ltd ........................
Silver Seafood ..........................
Sita Marine Exports ..................
SLS Exports Pvt. Ltd ................
Sprint Exports Pvt. Ltd .............
Sri Chandrakantha Marine Exports ......................................
Sri Sakkthi Cold Storage ..........
Sri Sakthi Marine Products P
Ltd .........................................
Sri Satya Marine Exports .........
Sri Venkata Padmavathi Marine
Foods Pvt. Ltd .......................
Srikanth International ................
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17:36 Jul 12, 2011
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
Jkt 223001
Manufacturer/Exporter
Srikanth International Agri Exports & Imports .....................
SSF Limited ..............................
Star Agro Marine Exports .........
Star Agro Marine Exports Private Limited ...........................
Sterling Foods ..........................
Sun Bio-Technology Ltd ...........
Supreme Exports ......................
Surya Marine Exports ...............
Suryamitra Exim (P) Ltd ...........
Suvarna Rekha Exports Private
Limited ...................................
Suvarna Rekha Marines P Ltd
TBR Exports Pvt Ltd .................
Teekay Marine P. Ltd ...............
Tejaswani Enterprises ..............
The Waterbase Ltd ...................
Triveni Fisheries P Ltd .............
Unitriveni Overseas ..................
Usha Seafoods .........................
V.S Exim Pvt Ltd ......................
Veejay Impex ............................
Veeteejay Exim Pvt., Ltd ..........
Victoria Marine & Agro Exports
Ltd .........................................
Vijayalaxmi Seafoods ...............
Vinner Marine ...........................
Vishal Exports ...........................
Wellcome Fisheries Limited .....
West Coast Frozen Foods Private Limited ...........................
Percent
margin
1.69
*
1.69
1.69
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
*
*
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
1.69
* No shipments or sales subject to this
review.
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1),
because Apex and Falcon reported the
entered value for all of their U.S. sales,
we have calculated importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the sales for which entered
value was reported. To determine
whether the duty assessment rates are
de minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we have calculated
importer-specific ad valorem ratios
based on the entered value.
For the companies which were not
selected for individual examination, we
have calculated an assessment rate
based on the average of the margins
calculated for those companies selected
for individual examination, weighted by
each company’s publicly-ranged
quantity of reported U.S. transactions.
In situations where we cannot apply our
normal methodology of calculating a
weighted-average margin due to
requests to protect business-proprietary
information but where use of a simple
average does not yield the best proxy of
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
the weighted-average margin relative to
publicly available data, normally we
will use the publicly available figures as
a matter of practice. See Bearings from
France, 75 FR at 53663.
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 Department intends to 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 Assessment Policy
Notice. This clarification applies 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 an 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 allothers rate established in the less-thanfair-value (LTFV) investigation if there
is no rate for the intermediate
company(ies) involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
subject merchandise 8 entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the reviewed
companies will be the rates shown
above, except if the rate is less than 0.50
percent, de minimis within the meaning
of 19 CFR 351.106(c)(1), the cash
deposit will be zero; (2) for previously
reviewed or investigated companies not
listed above, as well as those companies
listed in the ‘‘Determination of No
8 On April 26, 2011, the Department amended the
scope of the antidumping duty orders on certain
frozen warmwater shrimp from Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam to include dusted
shrimp within the scope of the orders. See Certain
Frozen Warmwater Shrimp From Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final
Court Decision, 76 FR 23277, 23279 (April 26,
2011). Accordingly, for all entries made on or after
April 26, 2011, we will instruct CBP to collect cash
deposits on imports of the subject merchandise
(including dusted shrimp) entered, or withdrawn
from warehouse, for consumption at the rates noted
above.
E:\FR\FM\13JYN1.SGM
13JYN1
Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
Shipments’’ section, above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, or the
LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 10.17
percent, the all-others rate established
in the LTFV investigation. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Certain
Frozen Warmwater Shrimp from India,
70 FR 5147, 5148 (Feb. 1, 2005). These
deposit requirements shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility,
under 19 CFR 351.402(f)(2), to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
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
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: July 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
General Issues
1. Offsetting of Negative Margins
2. Selection of Respondents Using a
Sampling Methodology
3. Treatment of Assessed Antidumping
Duties
VerDate Mar<15>2010
17:36 Jul 12, 2011
Jkt 223001
4. Treatment of Income Earned on
Antidumping Duty Deposits
[FR Doc. 2011–17486 Filed 7–12–11; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, From
the People’s Republic of China:
Preliminary Results of the 2009–2010
Administrative Review of the
Antidumping Duty Order and Intent To
Rescind Administrative Review, in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is currently
conducting the 2009–2010
administrative review of the
antidumping duty order on tapered
roller bearings and parts thereof,
finished and unfinished (‘‘TRBs’’), from
the People’s Republic of China (‘‘PRC’’),
covering the period June 1, 2009,
through May 31, 2010. We have
preliminarily determined that sales have
been made below normal value (‘‘NV’’)
by certain companies subject to this
review. Additionally, we are
announcing that we intend to rescind
the review with respect to entries of
TRBs exported by Tainshui Hailin
Import and Export Corporation (‘‘Hailin
I&E’’) produced by any manufacturer
other than Hailin Bearing Factory (‘‘HB
Factory’’). We have preliminarily
determined that Gansu Hailin Zhongke
Science & Technology Co., Ltd. (‘‘Hailin
Zhongke’’) is successor-in-interest to HB
Factory. If these preliminary results are
adopted in our final results of this
review, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the period of
review (‘‘POR’’) for which the importerspecific assessment rates are above de
minimis.
Interested parties are invited to
comment on these preliminary results.
We will issue the final results no later
than 120 days from the date of
publication of this notice.
DATES: Effective Date: July 13, 2011.
FOR FURTHER INFORMATION CONTACT:
Demitri Kalogeropoulos or Frances
Veith, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
AGENCY:
Frm 00022
Fmt 4703
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–2623 or
(202) 482–4295, respectively.
Background
DEPARTMENT OF COMMERCE
PO 00000
41207
Sfmt 4703
On June 15, 1987, the Department
published in the Federal Register the
antidumping duty order on TRBs from
the PRC.1 On June 1, 2010, the
Department published a notice of
opportunity to request an administrative
review of the antidumping duty order
on TRBs from the PRC.2 On June 30,
2010, we received the following
requests for review: (1) The Timken
Company, of Canton, Ohio
(‘‘Petitioner’’) requested that the
Department conduct an administrative
review of all entries of TRBs during the
POR exported by Peer Bearing Co.,
Ltd.—Changshan (‘‘CPZ/SKF’’) and by
Hailin I&E (produced by any
manufacturer other than HB Factory);
(2) CPZ/SKF and its affiliate Peer
Bearing Company (‘‘Peer/SKF’’)
requested that the Department conduct
an administrative review of all entries of
TRBs during the POR exported by CPZ/
SKF; and (3) Bosda International USA
LLC (‘‘Bosda’’), a U.S. importer of
subject merchandise, requested that the
Department conduct an administrative
review of all entries of TRBs during the
POR exported by Zhejiang Sihe Machine
Co., Ltd. (‘‘Sihe’’) and Xinchang
Kaiyuan Automotive Bearing Co., Ltd.
(‘‘Kaiyuan’’).
On July 28, 2010, the Department
initiated the administrative review of
the antidumping duty order on TRBs
from the PRC for the period June 1,
2009, through May 31, 2010.3 On
August 31, 2010, we amended the
Initiation Notice with respect to TRBs
exported by Hailin I&E.4 In the
Amended Initiation Notice, we clarified
that this administrative review covers
TRBs exported by Hailin I&E that were
produced by any manufacturer other
than HB Factory, because the
Department previously revoked the
order with respect to TRBs exported by
1 See Notice of Antidumping Duty Order: Tapered
Roller Bearings and Parts Thereof, Finished or
Unfinished, From the People’s Republic of China,
52 FR 22667 (June 15, 1987).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 75 FR 30383
(June 1, 2010).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 75 FR 44224 (July
28, 2010) (‘‘Initiation Notice’’).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Deferral of Initiation of Administrative Review, 75
FR 53274, 53276 (August 31, 2010) (‘‘Amended
Initiation Notice’’).
E:\FR\FM\13JYN1.SGM
13JYN1
]]>Agencies
[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41203-41207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17486]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Final Results of
Antidumping Duty Administrative Review, Partial Rescission, and Final
No Shipment Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 4, 2011, 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
India. This review covers 201 producers/exporters \1\ of the subject
merchandise to the United States. The period of review (POR) is
February 1, 2009, through January 31, 2010.
---------------------------------------------------------------------------
\1\ This figure does not include Vaibhav Sea Foods (Vaibhav), a
company for which the Department is rescinding the administrative
review. This figure also treats collapsed entities as one producer/
exporter. For further discussion concerning the rescission of the
review with respect to Vaibhav, see the ``Partial Rescission''
section of this notice below.
---------------------------------------------------------------------------
Based on our analysis of the comments received, we have made no
changes to the margin calculations. Therefore, the final results do not
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.''
DATES: Effective Date: July 13, 2011.
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
This review covers 201 producers/exporters. The respondents which
the Department selected for individual examination are Apex Exports
(Apex) and Falcon Marine Exports Limited (Falcon). The respondents
which were not selected for individual examination are listed in the
``Final Results of Review'' section of this notice.
On March 4, 2011, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on shrimp from India. See Certain Frozen Warmwater Shrimp
From India: Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Review, and Preliminary No Shipment
Determination, 76 FR 12025 (Mar. 4, 2011) (Preliminary Results).
On March 21, 2011, in response to a request from the Department,
Triveni Fisheries Pvt. Ltd. (Triveni), a respondent not selected for
individual examination, clarified its previous submission to indicate
that it had no shipments, entries or sales of subject merchandise
during the POR. For further discussion, see the ``Determination of No
Shipments'' section of this notice.
In April 2011, the Department verified the cost data reported by
Apex in India.
We invited parties to comment on the Preliminary Results of review.
In May 2011, we received case and rebuttal briefs from the Ad Hoc
Shrimp Trade Action Committee (the petitioner), the American Shrimp
Processors Association/the Louisiana Shrimp Association (collectively,
``the processors''), and Apex and Falcon.
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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this 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 ten
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
[[Page 41204]]
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, 2009, through January 31, 2010.
Partial Rescission
In April 2010, after receiving timely requests, the Department
initiated this administrative review with respect to a number of Indian
exporters/producers, including Vaibhav. See generally Certain Frozen
Warmwater Shrimp From Brazil, India, and Thailand: Notice of Initiation
of Antidumping Duty Administrative Reviews, 76 FR 18157 (Apr. 1, 2011)
(Initiation Notice). We also included Vaibhav in the list of
respondents not selected for individual review in our preliminary
results. See generally Preliminary Results, 76 FR at 12032. However, in
the 2005-2006 administrative review, we determined that this company no
longer existed. See Certain Frozen Warmwater Shrimp From India: Final
Results and Partial Rescission of Antidumping Duty Administrative
Review, 72 FR 52055, 52057 (Sept. 12, 2007). Because there is no
evidence on the record to contradict this prior determination, we find
that our initiation with respect to Vaibhav was in error. As a result,
we have determined to rescind this review with respect to Vaibhav.
Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from 20 companies named in the Initiation Notice, and we confirmed the
claims from 19 of these companies with U.S. Customs and Border
Protection (CBP). With respect to the remaining company, Triveni, it
appeared from CBP entry documents that shrimp produced by this company
entered the United States during the POR; however, as noted in the
``Background'' section, above, Trivini clarified its no-shipment
statement after the date of the Preliminary Results to indicate that it
had no knowledge of any shipments, entries, or sales of subject
merchandise to the United States during this period. See Triveni's
letter to the Department dated March 21, 2011. Based on Triveni's most
recent submission, we find that Triveni had no reportable transactions
during the POR.
Therefore, because we find that the record indicates that these 20
companies did not export subject merchandise to the United States
during the POR, we determine that they had no reviewable transactions
during the POR. These companies are:
(1) Abad Fisheries Pvt. Ltd.
(2) Accelerated Freeze Drying Company Ltd.\3\
---------------------------------------------------------------------------
\3\ This company was listed in the Initiation Notice as
Accelerated Freeze-Drying Company Ltd.
---------------------------------------------------------------------------
(3) Baby Marine International
(4) Baby Marine Sarass
(5) Blue Water Foods & Exports P. Ltd.
(6) BMR Exports
(7) Castlerock Fisheries Pvt. Ltd.
(8) Coastal Corporation Ltd.
(9) Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./
Kadalkanny Frozen Foods/Theva & Company
(10) G A Randerian (P) Limited \4\
---------------------------------------------------------------------------
\4\ This company was listed in the Initiation Notice as G A
Randerian Ltd.
---------------------------------------------------------------------------
(11) GKS Business Associates (P) Ltd.\5\
---------------------------------------------------------------------------
\5\ This company was listed in the Initiation Notice as G.K S
Business Associates Pvt. Ltd.
---------------------------------------------------------------------------
(12) Kalyan Aqua & Marine Exports India Pvt. Ltd.
(13) L. G. Sea Foods \6\
---------------------------------------------------------------------------
\6\ This company was listed in the Initiation Notice as L.G
Seafoods.
---------------------------------------------------------------------------
(14) Lewis Natural Foods Ltd.
(15) Libran Cold Storages Pvt. Ltd.
(16) Shimpo Exports
(17) SSF Limited
(18) Sterling Foods
(19) Triveni Fisheries Pvt. Ltd.
(20) Unitriveni Overseas
As we stated in the Preliminary Results, our former practice
concerning respondents submitting timely no-shipment certifications was
to rescind the administrative review with respect to those companies if
we were able to confirm the no-shipment certifications through a no-
shipment inquiry with CBP. See Antidumping Duties; Countervailing
Duties; Final rule, 62 FR 27296, 27393 (May 19, 1997); see also
Stainless Steel Sheet and Strip in Coils from Taiwan: Final Results of
Antidumping Duty Administrative Review, 75 FR 76700, 76701 (Dec. 9,
2010). As a result, in such circumstances, we normally instructed CBP
to liquidate any entries from the no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, clarification of the ``automatic assessment''
regulation, we explained that, where respondents in an administrative
review demonstrate that they had no knowledge of sales through
resellers to the United States, we would instruct CBP to liquidate such
entries at the all-others rate applicable to the proceeding. See
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy
Notice).
As noted in the Preliminary Results, because ``as entered''
liquidation instructions do not alleviate the concerns which the May
2003 clarification was intended to address, we find it appropriate in
this case to instruct CBP to liquidate any existing entries of
merchandise produced by the above listed companies and exported by
other parties at the all-others rate. In addition, we continue to find
that it is more consistent with the May 2003 clarification not to
rescind the review in part in these circumstances but, rather, to
complete the review with respect to the 20 companies listed above and
issue appropriate instructions to CBP based on the final results of
this administrative review. See the ``Assessment Rates'' section of
this notice below.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Apex and Falcon 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) of the
Act. See Preliminary Results, 76 FR at 12029-12030. For these final
results, we performed the cost test following the same methodology as
in the Preliminary Results. See id. at 12030.
As explained in the Preliminary Results, based on the record of
this administrative review we found 20 percent or more of Apex's and
Falcon's sales of a given product during the reporting period were made
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 id.; and sections 773(b)(1)-(2) of
the Act.
Following the publication of the Preliminary Results, no additional
information was placed on the record concerning our determination of
sales made below COP. Therefore, for purposes of these final results,
we continue to find that, for certain products, Apex and Falcon made
below-
[[Page 41205]]
cost sales not in the ordinary course of trade. Consequently, we are
continuing to disregard these sales for each respondent and have used
the remaining sales as the basis for determining normal value pursuant
to section 773(b)(1) of the Act. Additionally, for those U.S. sales of
subject merchandise for which there were no third country sales in the
ordinary course of trade, we continued to compare export prices to
constructed value in accordance with section 773(a)(4). See generally
Preliminary Results, 76 FR at 12031.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review, are listed in the Appendix to this notice and
addressed in the Issues and Decision Memorandum (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, room 7046, of the main Department building.
In addition, a complete version of the 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 no
changes in the margin calculations.
Final Results of Review
We determine that the following weighted-average margin percentages
exist for the period February 1, 2009, through January 31, 2010:
------------------------------------------------------------------------
Percent
Manufacturer/Exporter margin
------------------------------------------------------------------------
Apex Exports............................................... 2.31
Falcon Marine Exports Limited.............................. 1.36
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\7\
---------------------------------------------------------------------------
\7\ This rate is based on the average of the margins calculated
for those companies selected for individual review, weighted by each
company's publicly-ranged quantity of reported U.S. transactions.
Because we cannot apply our normal methodology of calculating a
weighted-average margin due to requests to protect business-
proprietary information, we find this rate to be the best proxy of
the actual weighted-average margin determined for the mandatory
respondents. See Ball Bearings and Parts Thereof From France, et
al.: Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (Sept. 1, 2010) (Bearings from France).
------------------------------------------------------------------------
Percent
Manufacturer/Exporter margin
------------------------------------------------------------------------
Abad Fisheries Pvt. Ltd.................................... *
Accelerated Freeze Drying Company Ltd...................... *
Adani Exports Ltd.......................................... 1.69
Adilakshmi Enterprises..................................... 1.69
Allana Frozen Foods Pvt. Ltd............................... 1.69
Allansons Ltd.............................................. 1.69
AMI Enterprises............................................ 1.69
Amulya Sea Foods........................................... 1.69
Anand Aqua Exports......................................... 1.69
Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/ 1.69
Ananda Foods..............................................
Andaman Seafoods Pvt. Ltd.................................. 1.69
Angelique Intl............................................. 1.69
Anjaneya Seafoods.......................................... 1.69
Anjani Marine Traders...................................... 1.69
Asvini Exports............................................. 1.69
Asvini Feeds Limited....................................... 1.69
Asvini Fisheries Private Limited........................... 1.69
Avanti Feeds Limited....................................... 1.69
Ayshwarya Seafood Private Limited.......................... 1.69
Baby Marine Exports........................................ 1.69
Baby Marine International.................................. *
Baby Marine Sarass......................................... *
Bhatsons Aquatic Products.................................. 1.69
Bhavani Seafoods........................................... 1.69
Bhisti Exports............................................. 1.69
Bijaya Marine Products..................................... 1.69
Blue Water Foods & Exports P. Ltd.......................... *
Bluefin Enterprises........................................ 1.69
Bluepark Seafoods Pvt. Ltd................................. 1.69
Britto Exports............................................. 1.69
BMR Exports................................................ *
C P Aquaculture (India) Ltd................................ 1.69
Calcutta Seafoods Pvt. Ltd................................. 1.69
Capithan Exporting Co...................................... 1.69
Castlerock Fisheries Pvt. Ltd.............................. *
Chemmeens (Regd)........................................... 1.69
Cherukattu Industries (Marine Div.)........................ 1.69
Choice Canning Company..................................... 1.69
Choice Trading Corporation Private Limited................. 1.69
Coastal Corporation Ltd.................................... *
Cochin Frozen Food Exports Pvt. Ltd........................ 1.69
Coreline Exports........................................... 1.69
Corlim Marine Exports Pvt. Ltd............................. 1.69
Damco India Private........................................ 1.69
Devi Fisheries Limited..................................... 1.69
Devi Marine Food Exports Private Ltd./Kader Exports Private 1.69
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...........................................
Dhanamjaya Impex P. Ltd.................................... 1.69
Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./ *
Kadalkanny Frozen Foods/Theva & Company...................
Digha Seafood Exports...................................... 1.69
Esmario Export Enterprises................................. 1.69
Exporter Coreline Exports.................................. 1.69
Five Star Marine Exports Private Limited................... 1.69
Forstar Frozen Foods Pvt. Ltd.............................. 1.69
Frigerio Conserva Allana Limited........................... 1.69
Frontline Exports Pvt. Ltd................................. 1.69
G A Randerian (P) Limited.................................. *
Gadre Marine Exports....................................... 1.69
Galaxy Maritech Exports P. Ltd............................. 1.69
Gayatri Sea Foods and Feeds Private Ltd.................... 1.69
Gayatri Seafoods........................................... 1.69
Geo Aquatic Products (P) Ltd............................... 1.69
Geo Seafoods............................................... 1.69
GKS Business Associates (P) Ltd............................ *
Grandtrust Overseas (P) Ltd................................ 1.69
GVR Exports Pvt. Ltd....................................... 1.69
Haripriya Marine Export Pvt. Ltd........................... 1.69
Harmony Spices Pvt. Ltd.................................... 1.69
HIC ABF Special Foods Pvt. Ltd............................. 1.69
Hindustan Lever, Ltd....................................... 1.69
Hiravata Ice & Cold Storage................................ 1.69
Hiravati Exports Pvt. Ltd.................................. 1.69
Hiravati International Pvt. Ltd. (located at APM--Mafco 1.69
Yard, Sector--18, Vashi, Navi, Mumbai--400 705, India)....
Hiravati International Pvt. Ltd. (located at Jawar Naka, 1.69
Porbandar, Gujarat, 360 575, India).......................
IFB Agro Industries Ltd.................................... 1.69
Indian Aquatic Products.................................... 1.69
Indo Aquatics.............................................. 1.69
Innovative Foods Limited................................... 1.69
International Freezefish Exports........................... 1.69
Interseas.................................................. 1.69
ITC Limited, International Business........................ 1.69
ITC Ltd.................................................... 1.69
Jagadeesh Marine Exports................................... 1.69
Jaya Satya Marine Exports.................................. 1.69
Jaya Satya Marine Exports Pvt. Ltd......................... 1.69
Jayalakshmi Sea Foods Private Limited...................... 1.69
Jinny Marine Traders....................................... 1.69
Jiya Packagings............................................ 1.69
KNR Marine Exports......................................... 1.69
K R M Marine Exports Ltd................................... 1.69
K V Marine Exports......................................... 1.69
Kalyan Aqua & Marine Exports India Pvt. Ltd................ *
Kalyanee Marine............................................ 1.69
Kay Kay Exports............................................ 1.69
Kings Marine Products...................................... 1.69
Koluthara Exports Ltd...................................... 1.69
Konark Aquatics & Exports Pvt. Ltd......................... 1.69
L. G. Sea Foods............................................ *
Landauer Ltd. C O Falcon Marine Exports Ltd................ 1.69
Lewis Natural Foods Ltd.................................... *
Libran Cold Storages Pvt. Ltd.............................. *
Lotus Sea Farms............................................ 1.69
Lourde Exports............................................. 1.69
Magnum Estates Limited..................................... 1.69
Magnum Export.............................................. 1.69
Magnum Sea Foods Limited................................... 1.69
Malabar Arabian Fisheries.................................. 1.69
Malnad Exports Pvt. Ltd.................................... 1.69
[[Page 41206]]
Mangala Marine Exim India Private Ltd...................... 1.69
Mangala Sea Products....................................... 1.69
Marine Exports............................................. 1.69
Meenaxi Fisheries Pvt. Ltd................................. 1.69
MSC Marine Exporters....................................... 1.69
MSRDR Exports.............................................. 1.69
MTR Foods.................................................. 1.69
N.C. John & Sons (P) Ltd................................... 1.69
Naga Hanuman Fish Packers.................................. 1.69
Naik Frozen Foods.......................................... 1.69
Naik Seafoods Ltd.......................................... 1.69
Navayuga Exports Ltd....................................... 1.69
Nekkanti Sea Foods Limited................................. 1.69
NGR Aqua International..................................... 1.69
Nila Sea Foods Pvt. Ltd.................................... 1.69
Nine Up Frozen Foods....................................... 1.69
Overseas Marine Export..................................... 1.69
Penver Products (P) Ltd.................................... 1.69
Pijikay International Exports P Ltd........................ 1.69
Pisces Seafood International............................... 1.69
Premier Seafoods Exim (P) Ltd.............................. 1.69
R V R Marine Products Private Limited...................... 1.69
Raa Systems Pvt. Ltd....................................... 1.69
Raju Exports............................................... 1.69
Ram's Assorted Cold Storage Ltd............................ 1.69
Raunaq Ice & Cold Storage.................................. 1.69
Raysons Aquatics Pvt. Ltd.................................. 1.69
Razban Seafoods Ltd........................................ 1.69
RBT Exports................................................ 1.69
RDR Exports................................................ 1.69
Riviera Exports Pvt. Ltd................................... 1.69
Rohi Marine Private Ltd.................................... 1.69
Royal Cold Storage India P Ltd............................. 1.69
S & S Seafoods............................................. 1.69
S. A. Exports.............................................. 1.69
S Chanchala Combines....................................... 1.69
Safa Enterprises........................................... 1.69
Sagar Foods................................................ 1.69
Sagar Grandhi Exports Pvt. Ltd............................. 1.69
Sagarvihar Fisheries Pvt. Ltd.............................. 1.69
SAI Marine Exports Pvt. Ltd................................ 1.69
SAI Sea Foods.............................................. 1.69
Sanchita Marine Products P Ltd............................. 1.69
Sandhya Aqua Exports....................................... 1.69
Sandhya Aqua Exports Pvt. Ltd.............................. 1.69
Sandhya Marines Limited.................................... 1.69
Santhi Fisheries & Exports Ltd............................. 1.69
Satya Seafoods Private Limited............................. 1.69
Sawant Food Products....................................... 1.69
Seagold Overseas Pvt. Ltd.................................. 1.69
Selvam Exports Private Limited............................. 1.69
Sharat Industries Ltd...................................... 1.69
Shimpo Exports............................................. *
Shippers Exports........................................... 1.69
Shroff Processed Food & Cold Storage P Ltd................. 1.69
Silver Seafood............................................. 1.69
Sita Marine Exports........................................ 1.69
SLS Exports Pvt. Ltd....................................... 1.69
Sprint Exports Pvt. Ltd.................................... 1.69
Sri Chandrakantha Marine Exports........................... 1.69
Sri Sakkthi Cold Storage................................... 1.69
Sri Sakthi Marine Products P Ltd........................... 1.69
Sri Satya Marine Exports................................... 1.69
Sri Venkata Padmavathi Marine Foods Pvt. Ltd............... 1.69
Srikanth International..................................... 1.69
Srikanth International Agri Exports & Imports.............. 1.69
SSF Limited................................................ *
Star Agro Marine Exports................................... 1.69
Star Agro Marine Exports Private Limited................... 1.69
Sterling Foods............................................. *
Sun Bio-Technology Ltd..................................... 1.69
Supreme Exports............................................ 1.69
Surya Marine Exports....................................... 1.69
Suryamitra Exim (P) Ltd.................................... 1.69
Suvarna Rekha Exports Private Limited...................... 1.69
Suvarna Rekha Marines P Ltd................................ 1.69
TBR Exports Pvt Ltd........................................ 1.69
Teekay Marine P. Ltd....................................... 1.69
Tejaswani Enterprises...................................... 1.69
The Waterbase Ltd.......................................... 1.69
Triveni Fisheries P Ltd.................................... *
Unitriveni Overseas........................................ *
Usha Seafoods.............................................. 1.69
V.S Exim Pvt Ltd........................................... 1.69
Veejay Impex............................................... 1.69
Veeteejay Exim Pvt., Ltd................................... 1.69
Victoria Marine & Agro Exports Ltd......................... 1.69
Vijayalaxmi Seafoods....................................... 1.69
Vinner Marine.............................................. 1.69
Vishal Exports............................................. 1.69
Wellcome Fisheries Limited................................. 1.69
West Coast Frozen Foods Private Limited.................... 1.69
------------------------------------------------------------------------
* No shipments or sales subject to this review.
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because Apex and Falcon reported
the entered value for all of their U.S. sales, we have calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the sales for which entered value
was reported. To determine whether the duty assessment rates are de
minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated importer-specific ad valorem ratios
based on the entered value.
For the companies which were not selected for individual
examination, we have calculated an assessment rate based on the average
of the margins calculated for those companies selected for individual
examination, weighted by each company's publicly-ranged quantity of
reported U.S. transactions. In situations where we cannot apply our
normal methodology of calculating a weighted-average margin due to
requests to protect business-proprietary information but where use of a
simple average does not yield the best proxy of the weighted-average
margin relative to publicly available data, normally we will use the
publicly available figures as a matter of practice. See Bearings from
France, 75 FR at 53663.
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
Department intends to 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 Assessment Policy Notice. This clarification applies
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 an
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 less-than-fair-value (LTFV) investigation if there is no rate for
the intermediate company(ies) involved in the transaction. See
Assessment Policy Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of subject merchandise \8\ entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for the reviewed
companies will be the rates shown above, except if the rate is less
than 0.50 percent, de minimis within the meaning of 19 CFR
351.106(c)(1), the cash deposit will be zero; (2) for previously
reviewed or investigated companies not listed above, as well as those
companies listed in the ``Determination of No
[[Page 41207]]
Shipments'' section, above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, or the LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 10.17 percent, the all-
others rate established in the LTFV investigation. See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70
FR 5147, 5148 (Feb. 1, 2005). These deposit requirements shall remain
in effect until further notice.
---------------------------------------------------------------------------
\8\ On April 26, 2011, the Department amended the scope of the
antidumping duty orders on certain frozen warmwater shrimp from
Brazil, India, the People's Republic of China, Thailand, and the
Socialist Republic of Vietnam to include dusted shrimp within the
scope of the orders. See Certain Frozen Warmwater Shrimp From
Brazil, India, the People's Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended Antidumping Duty Orders in
Accordance with Final Court Decision, 76 FR 23277, 23279 (April 26,
2011). Accordingly, for all entries made on or after April 26, 2011,
we will instruct CBP to collect cash deposits on imports of the
subject merchandise (including dusted shrimp) entered, or withdrawn
from warehouse, for consumption at the rates noted above.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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 results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
General Issues
1. Offsetting of Negative Margins
2. Selection of Respondents Using a Sampling Methodology
3. Treatment of Assessed Antidumping Duties
4. Treatment of Income Earned on Antidumping Duty Deposits
[FR Doc. 2011-17486 Filed 7-12-11; 8:45 am]
BILLING CODE 3510-DS-P
