Certain Frozen Warmwater Shrimp From the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 18958-18960 [2013-07251]
Download as PDF
18958
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
disclosure under administrative
protective order, in accordance with 19
CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act, 19 CFR 351.214, and 19 CFR
351.221(c)(1)(i).
Dated: March 21, 2013.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2013–07253 Filed 3–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893: A–570–900]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China
and Diamond Sawblades and Parts
Thereof From the People’s Republic of
China: Notice of Implementation of
Determinations Under Section 129 of
the Uruguay Round Agreements Act
and Partial Revocation of the
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 22, 2013, the U.S.
Trade Representative (‘‘USTR’’)
instructed the Department of Commerce
(‘‘Department’’) to implement its
determinations under section 129 of the
Uruguay Round Agreements Act
(‘‘URAA’’) regarding the antidumping
investigations of certain frozen
warmwater shrimp (‘‘shrimp’’) from the
People’s Republic of China (‘PRC’’) and
diamond sawblades and parts thereof
(‘‘sawblades’’) from the PRC. The
Department issued its final
determinations on March 4, 2013,
regarding the offsetting of dumped
comparisons with non-dumped
comparisons when making average-toaverage comparisons of export price and
normal value in the investigation
challenged by the PRC before the World
Trade Organization (‘‘WTO’’) in United
States—Anti-Dumping Measures on
Certain Shrimp and Diamond Saw
Blades from China (DS422). The
Department is now implementing these
determinations.
DATES: The effective date of this
determination is March 22, 2013.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik (shrimp) and Matthew
Renkey (sawblades), AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
20:20 Mar 27, 2013
Jkt 229001
Washington, DC 20230; telephone: (202)
482–6905 and (202) 482–2312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
At the written request of USTR, the
Department informed interested parties
on September 5, 2012, that it was
initiating proceedings under section 129
of the URAA to implement the findings
of the WTO dispute settlement panel in
United States—Anti-Dumping Measures
on Certain Shrimp and Diamond Saw
blades from China (DS422) (‘‘Panel
Report’’). On December 7, 2012, the
Department issued the memorandum
entitled ‘‘Preliminary Results Under
Section 129 of the Uruguay Round
Agreements Act: Antidumping
Measures on Certain Frozen and Canned
Warmwater Shrimp from the People’s
Republic of China,’’ dated December 7,
2012 (‘‘Preliminary Shrimp 129
Determination’’), in which the
Department recalculated the weightedaverage dumping margins from the
antidumping investigation of shrimp
from the PRC 1 by applying the
calculation methodology described in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin During an Antidumping
Investigation; Final Modification, 71 FR
77722 (December 27, 2006) (‘‘Final
Modification for Investigations’’).
On December 17, 2012, the
Department issued the memorandum
entitled ‘‘Preliminary Results under
Section 129 of the Uruguay Round
Agreements Act: Antidumping
Measures on Diamond Sawblades and
Parts Thereof from the People’s
Republic of China,’’ dated December 17,
2012 (‘‘Preliminary Sawblades 129
Determination’’), in which the
Department recalculated one of the
weighted-average dumping margins
from the antidumping investigation of
1 See Notice of Final Determination of Sales at
Less Than Fair Value: Certain Frozen and Canned
Warmwater Shrimp From the People’s Republic of
China, 69 FR 70997 (December 8, 2004) (‘‘PRC
Shrimp Final Determination’’). See also Notice of
Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order:
Certain Frozen Warmwater Shrimp From the
People’s Republic of China, 70 FR 5149 (February
1, 2005) (‘‘PRC Shrimp Amended Final’’ or ‘‘PRC
Shrimp Order’’). On January 21, 2005, the ITC
notified the Department of its final determination
that two domestic like products exist for the
merchandise covered by the Department’s
investigation: (i) Certain non-canned warmwater
shrimp and prawns, and (ii) canned warmwater
shrimp and prawns. The ITC determined that there
is no injury regarding imports of canned warmwater
shrimp and prawns from the PRC. Therefore,
canned warmwater shrimp and prawns is not
covered by the PRC Shrimp Order.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
sawblades from the PRC 2 by applying
the calculation methodology described
in Final Modification for Investigations.
The Department invited interested
parties for both shrimp and sawblades
to comment on the respective
preliminary recalculations. After
receiving comments and rebuttal
comments from the interested parties in
both cases, the Department issued its
final section 129 determinations on
March 4, 2013.3
In a March 22, 2013, letter, USTR
notified the Department that, consistent
with section 129(b)(3) of the URAA,
consultations with the Department and
the appropriate congressional
committees with respect to the March 4,
2013, determinations have been
completed. On March 22, 2013, in
accordance with section 129(b)(4) of the
URAA, USTR directed the Department
to implement these determinations.
Nature of the Proceeding
Section 129 of the URAA governs the
nature and effect of determinations
issued by the Department to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) of the
URAA provides that, ‘‘notwithstanding
any provision of the Tariff Act of 1930,’’
within 180 days of a written request
from the USTR, the Department shall
issue a determination that would render
its actions not inconsistent with an
adverse finding of a WTO panel or the
Appellate Body report. The Statement of
Administrative Action, URAA, H. Doc.
316, Vol. 1, 103d Cong. (1994) (‘‘SAA’’),
variously refers to such a determination
by the Department as a ‘‘new,’’
‘‘second,’’ and ‘‘different’’
determination.4 After consulting with
2 See Final Determination of Sales at Less than
Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond
Sawblades and Parts Thereof from the People’s
Republic of China, 71 FR 29303 (May 22, 2006). See
also Notice of Amended Final Determination of
Sales at Less Than Fair Value: Diamond Sawblades
and Parts Thereof from the People’s Republic of
China, 71 FR 35864 (June 22, 2006); Diamond
Sawblades and Parts Thereof from the People’s
Republic of China and the Republic of Korea:
Antidumping Duty Orders, 74 FR 57145 (November
4, 2009) (‘‘Sawblades Order’’).
3 See Memoranda from Christian Marsh to Paul
Piquado, ‘‘Final Results of the Proceeding under
Section 129 of the Uruguay Round Agreements Act:
Antidumping Measures on Certain Frozen and
Canned Warmwater Shrimp from the People’s
Republic of China,’’ dated March 4, 2013 (‘‘Shrimp
Final 129 Determination Memo’’), and ‘‘Final
Results of the Proceeding under Section 129 of the
Uruguay Round Agreements Act: Antidumping
Measures on Diamond Sawblades and Parts Thereof
from the People’s Republic of China,’’ dated March
4, 2013 (‘‘Sawblades Final 129 Determination
Memo’’).
4 See Statement of Administrative Action
accompanying the URAA, H. Doc. 316, Vol. 1, 103d
Cong. (1994) (‘‘SAA’’) at 1025, 1027.
E:\FR\FM\28MRN1.SGM
28MRN1
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
the Department and the appropriate
congressional committees, the USTR
may direct the Department to
implement, in whole or in part, the new
determinations made under section 129
of the URAA.5 Pursuant to section
129(c) of the URAA, the new
determinations shall apply with respect
to unliquidated entries of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date on
which the USTR directs the Department
to implement the new determinations.6
The new determinations are subject to
judicial review separate and apart from
judicial review of the Department’s
original determination.7
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs submitted by interested
parties in both the shrimp and
sawblades proceedings are addressed in
their respective final determinations,8
which are hereby adopted by this
notice. A list of the issues, which the
parties raised and we addressed in both
the Shrimp Final 129 Determination
Memo and the Sawblades Final 129
Determination Memo, is attached to this
notice as Appendix I. Both the Shrimp
Final 129 Determination Memo and the
Sawblades Final 129 Determination
Memo are public documents and are on
file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at http://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of both memoranda
can be accessed directly on the Internet
at http://www.trade.gov/ia/. The signed
Shrimp Final 129 Determination Memo
and the Sawblades Final 129
Determination Memo and the respective
electronic versions of these memoranda
are identical in content.
Final Antidumping Duty Margins
The recalculated margins for shrimp,
unchanged from the Preliminary Shrimp
129 Determination, are:
5 See
19 U.S.C. 3538(b)(4).
19 U.S.C. 3538(c).
7 See 19 U.S.C. 1516a(a)(2)(B)(vii).
8 See Shrimp Final 129 Determination Memo and
Sawblades Final 129 Determination Memo.
9 The 39 Separate Rate Companies are: Asian
Seafoods (Zhanjiang) Co., Ltd.; Beihai Zhengwu
Industry Co., Ltd.; Chaoyang Qiaofeng Group Co.,
Ltd., aka (Shantou Qiaofeng (Group) Co., Ltd.), aka
(Shantou/Chaoyang Qiaofeng); Chenghai Nichi Lan
Food Co., Ltd.; Dalian Ftz Sea-Rich International
Trading Co., Ltd.; Dongri Aquatic Products Freezing
mstockstill on DSK4VPTVN1PROD with NOTICES
6 See
VerDate Mar<15>2010
20:20 Mar 27, 2013
Jkt 229001
Manufacturer/exporter
Section 129
results
Allied Pacific Group ..............
Yelin Enterprise Co. Hong
Kong ..................................
Shantou Red Garden Foodstuff Co., Ltd .....................
Separate Rate Companies 9
0.00%
0.00%
0.00%
22.58%
The recalculated margin for
sawblades, unchanged from the
Preliminary Sawblades 129
Determination, is:
Manufacturer/exporter
Advanced Technology & Materials Co., Ltd.
(‘‘AT&M’’) 10 .......................
Section 129
results
0.00%
Partial Revocation of the Antidumping
Duty Order for Certain Frozen
Warmwater Shrimp From the PRC
Because the Department has
recalculated dumping margins of zero
percent for Allied, Red Garden, and
Yelin, the Department is revoking the
PRC Shrimp Order with respect to
Allied, Red Garden, and Yelin 11, for
entries made on or after March 22, 2013.
The Department’s practice, at the time
of the underlying investigation, with
respect to revocation or exclusions of
companies from an antidumping duty
Plants; Fuqing Dongwei Aquatic Products Industry
Co., Ltd.; Gallant Ocean (Liangjiang) Co., Ltd.;
Hainan Fruit Vegetable Food Allocation Co., Ltd.;
Hainan Golden Spring Foods Co., Ltd./Hainan Brich
Aquatic Products Co., Ltd.; Jinfu Trading Co., Ltd.;
Kaifeng Ocean Sky Industry Co., Ltd.; Leizhou
Zhulian Frozen Food Co., Ltd.; Pingyang Xinye
Aquatic Products Co., Ltd.; Savvy Seafood Inc.;
Shanghai Taoen International Trading Co., Ltd.;
Shantou Wanya Food Factory Co., Ltd.; Shantou
Jinyuan District Mingfeng Quick-Frozen Factory;
Shantou Long Feng Foodstuffs Co., Ltd. (Shantou
Longfeng Foodstuffs Co., Ltd.); Shantou Ocean
Freezing Industry and Trade General Corporation;
Shantou Shengping Oceanstar Business Co., Ltd.;
Shantou Yuexing Enterprise Company; Shantou
Ruiyuan Industry Co., Ltd.; Shantou Freezing
Aquatic Product Food Stuffs Co.; Shantou Jinhang
Aquatic Industry Co., Ltd.; Xuwen Hailang Breeding
Co., Ltd.; Yantai Wei-Cheng Food Co., Ltd.;
Zhangjiang Bobogo Ocean Co., Ltd.; Zhangjiang
Newpro Food Co., Ltd.; Zhanjiang Go-Harvest
Aquatic Products Co., Ltd.; Zhanjiang Runhai Foods
Co., Ltd.; Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd.; Zhanjiang
Universal Seafood Corp.; Zhejiang Cereals, Oils &
Foodstuff Import & Export Co., Ltd.; Zhoushan
Xifeng Aquatic Co., Ltd.; Zhoushan Huading
Seafood Co., Ltd.; Zhoushan Cereals, Oils and
Foodstuffs Import and Export Co., Ltd.; Zhoushan
Lizhou Fishery Co., Ltd.; and Zhoushan Diciyuan
Aquatic Products Co., Ltd.
10 Collectively with Beijing Gang Yan Diamond
Product Company (‘‘BGY’’) and Yichang HXF
Circular Saw Industrial Co., Ltd (‘‘HXF’’), a single
entity.
11 The Department is not revoking the PRC
Shrimp Order with respect to Hilltop International
as part of this implementation. See Shrimp Final
129 Determination Memo at Comment 1.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
18959
order was to exclude companies in
specific manufacturer-exporter
combinations.12 Accordingly, the
Department will instruct CBP to
liquidate without regard to antidumping
duties, specific manufacturer-exporter
combinations for Allied’s 13, Red
Garden’s 14, and Yelin’s 15 entries of
certain frozen warmwater shrimp which
were entered, or withdrawn from
warehouse, for consumption on or after
March 22, 2013, and to discontinue the
collection of cash deposits for estimated
antidumping duties for the specified
manufacturer-exporter combinations for
Allied, Red Garden, and Yelin.
However, in the PRC Shrimp
Amended Final, the Department
assigned a dumping margin based on
section 776 of the Act in the
antidumping duty investigation to the
PRC-Wide Entity. The Department has
not recalculated this dumping margin
because it is not affected by the
implementation of the Panel Report.
This dumping margin was based on
information contained in the petition
and ‘‘zeroing’’ was not used to calculate
12 See, e.g., Brake Rotors From the People’s
Republic of China: Final Results and Partial
Rescission of the Fifth Antidumping Duty
Administrative Review and Final Results of the
Seventh New Shipper Review, 68 FR 25861 (May 14,
2003) and accompanying Issues and Decision
Memorandum at Comment 1. See also Notice of
Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater
Shrimp From the People’s Republic of China, 69 FR
70997, 71004 (December 8, 2004), where the
Department stated that ‘‘the Department does not
require any cash deposit or posting of a bond for
Zhanjiang Guolian when the subject merchandise is
produced and exported by Zhanjiang Guolian.’’
Subsequently, in the PRC Shrimp Order, we stated
that ‘‘pursuant to 735(c)(1)(B) of the Act, we will
instruct CBP to suspend liquidation of all entries of
certain frozen warmwater shrimp and prawns from
the PRC (except merchandise produced and
exported by Zhanjiang Guolian because this
company has a de minimis margin)’’ (emphasis
added). See PRC Shrimp Order, 70 FR at 5152.
13 Revocation for Allied is specific to:
merchandise manufactured by Allied Pacific
Aquatic Products (Zhanjiang) Co., Ltd., or Allied
Pacific Aquatic Products (Zhongshan) Co., Ltd., or
Allied Pacific Food (Dalian) Co., Ltd., and exported
by Allied Pacific (HK) Co., Ltd., or Allied Pacific
Food (Dalian) Co., Ltd.
14 Revocation for Red Garden is specific to:
merchandise manufactured by Red Garden Food
Processing Co., Ltd., or Chaoyang Jindu Hengchang
Aquatic Products Enterprise Co., Ltd., or Raoping
County Longfa Seafoods Co., Ltd., or Meizhou
Aquatic Products Quick-Frozen Industry Co., Ltd.,
or Shantou Jinyuan District Mingfeng Quick-Frozen
Factory, or Shantou Long Feng Foodstuffs Co., Ltd.,
and exported by Shantou Red Garden Foodstuff Co.,
Ltd. or Red Garden Food Processing Co., Ltd.
15 Revocation for Yelin is specific to: merchandise
manufactured by Shantou Yelin Frozen Seafood
Co., Ltd., or Yangjiang City Yelin Hoi Tat Quick
Frozen Seafood Co., Ltd., or Fuqing Yihua Aquatic
Food Co., Ltd., or Shantou Jinyuan District
Mingfeng Quick-Frozen Factory and exported by
Yelin Enterprise Co. Hong Kong or Shantou Yelin
Frozen Seafood Co., Ltd.
E:\FR\FM\28MRN1.SGM
28MRN1
18960
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
the dumping margins in the petition.16
In addition, the Department must
determine an appropriate dumping
margin for separate rate companies not
selected for individual examination
during the investigation. When, as here,
the only available rates are zero, de
minimis, or based upon adverse facts
available, the Department looks to
section 735(c)(5) of the Tariff Act of
1930, as amended (‘‘Act’’) for guidance,
which instructs the Department to use
‘‘any reasonable method’’ for assigning
the rate to non-selected respondents.17
The Department determines that a
reasonable method for determining the
separate rate for non-selected
respondents is a simple average of the
adverse-facts available dumping margin
assigned to the PRC-Wide Entity and
each of the calculated zero or de
minimis dumping margins calculated in
the original shrimp investigation or as
part of the final section 129
determination for shrimp for the PRC.18
This is consistent with our past practice
in the 2007 Section 129
Determinations.19 The separate rate
margin is now 22.58 percent.
Consequently, because the PRC-wide
entity rate of 112.81 percent and the
separate rate of 22.58 percent for nonindividually examined companies are
above de minimis, we will not wholly
revoke the PRC Shrimp Order.
The Department will instruct CBP to
continue to collect cash deposits for
estimated antidumping duties from the
separate rate companies and from the
PRC-wide entity, as the PRC Shrimp
Order, in whole, will not be revoked.
Further, if any separate rate companies
are subject to the investigation’s
separate rate cash deposit at the time of
implementation (i.e., if a separate rate
company from the investigation has not
16 See Notice of Initiation of Antidumping Duty
Investigations: Certain Frozen and Canned
Warmwater Shrimp From Brazil, Ecuador, India,
Thailand, the People’s Republic of China and the
Socialist Republic of Vietnam, 69 FR 3876, 3880–
3881 (January 27, 2004) (where the Department
stated that, ‘‘based on comparisons of EP to NV,
calculated in accordance with section 773(c) of the
Act, the estimated recalculated dumping margins
for certain frozen and canned warmwater shrimp
from the PRC range from 112.81 percent to 263.68
percent’’).
17 See section 735(c)(5)(B) of the Act.
18 See Shrimp Final 129 Determination Memo at
7–8.
19 See Implementation of the Findings of the WTO
Panel in U.S.—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261, 25262–63 (May 4, 2007) (‘‘2007
Section 129 Determinations’’) where the
Department calculated a simple average of existing
AFA margins with above de minimis/zero margins
as an All-Others rate following section 129
recalculations for the mandatory respondents that
resulted in zero or de minimis rates.
VerDate Mar<15>2010
20:20 Mar 27, 2013
Jkt 229001
had the investigation separate rate cash
deposit superseded by a subsequent
review rate) we will instruct CBP to
collect cash deposits at the new separate
rate of 22.58 percent for subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after March 22, 2013, the date on which
USTR directed the Department to
implement this 129 determination. As
noted above, the PRC-wide entity rate
has not changed from the PRC Shrimp
Amended Final and Order, and
continues to be 112.81 percent.
Partial Revocation of the Antidumping
Duty Order for Diamond Sawblades
and Parts Thereof
Because the Department has
recalculated a dumping margin of zero
percent for AT&M, the Department is
revoking the Sawblades Order with
respect to AT&M, for entries made on or
after March 22, 2013.20 Accordingly, the
Department will instruct CBP to
liquidate without regard to antidumping
duties, entries of sawblades
manufactured and exported by AT&M
which were entered, or withdrawn from
warehouse, for consumption on or after
March 22, 2013, and to discontinue the
collection of cash deposits for estimated
antidumping duties for AT&M. No other
margin for any other entity is affected by
this Section 129 Determination for
sawblades and parts thereof from the
PRC. We will instruct CBP to continue
to suspend liquidation of all entries of
subject merchandise from all other
exporters or producers, except for
AT&M, as stated above. We will instruct
CBP to continue to require a cash
deposit equal to the estimated amount
by which the normal value exceeds the
U.S. price.
These amended final determinations
are issued and published in accordance
with section 129(c)(2)(A) of the URAA.
20 Pursuant to a Temporary Restraining Order
(‘‘TRO’’) issued by the U.S. Court of International
Trade covering sawblades from the PRC on March
6, 2013, and continued on March 19, 2013,
Commerce and CBP are restrained from: (1)
Excluding or revoking the AT&M entity and/or any
of its members (as described in the TRO) from the
Sawblades Order; (2) ordering the lifting of the
suspension of liquidation regarding incoming
entries produced and/or exported by these
companies; and (3) making or permitting
liquidation of any unliquidated entries produced
and/or exported by these companies that are subject
to the final determination of the less-than-fair-value
investigation. Consistent with the final section 129
determination and recognizing that we cannot
exclude or revoke the AT&M entity and/or any of
its members from the Sawblades Order, future
entries of such merchandise are subject to
suspension of liquidation at the cash deposit rate
of zero. Subsequent action will be consistent with
the final court decision.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Dated: March 22, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Certain Frozen Warmwater Shrimp
DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be
Revoked with Respect to Yelin and Hilltop
Comment 2: Revocation of the Order with
Respect to Red Garden
Diamond Sawblades and Parts Thereof
DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be
Revoked with Respect to AT&M
Comment 2: Whether We Should Permit
Petitioner to Submit a Targeted Dumping
Allegation
[FR Doc. 2013–07251 Filed 3–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC586
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; General
Provisions for Domestic Fisheries;
Application for Exempted Fishing
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Commercial Fisheries
Research Foundation (CFRF) is
proposing to explore the use of several
data recording devices in an industrybased pilot study that would effectively
relay more accurate, detailed, and
timely American lobster data to fisheries
managers and scientists. The CFRF is
also proposing to use vent-less traps in
order to determine the abundance and
distribution of juvenile American
lobsters in Lobster Management Areas
(LMAs) 2 and 3. This pilot study would
utilize 12 Federal commercial fishing
vessels; 6 vessels in each of the 2
management areas.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed EFPs.
DATES: Comments must be received on
or before April 12, 2013.
ADDRESSES:
• Email: Comments on this notice
may be submitted by email. The
mailbox address for providing email
E:\FR\FM\28MRN1.SGM
28MRN1
Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18958-18960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07251]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893: A-570-900]
Certain Frozen Warmwater Shrimp From the People's Republic of
China and Diamond Sawblades and Parts Thereof From the People's
Republic of China: Notice of Implementation of Determinations Under
Section 129 of the Uruguay Round Agreements Act and Partial Revocation
of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 22, 2013, the U.S. Trade Representative (``USTR'')
instructed the Department of Commerce (``Department'') to implement its
determinations under section 129 of the Uruguay Round Agreements Act
(``URAA'') regarding the antidumping investigations of certain frozen
warmwater shrimp (``shrimp'') from the People's Republic of China
(`PRC'') and diamond sawblades and parts thereof (``sawblades'') from
the PRC. The Department issued its final determinations on March 4,
2013, regarding the offsetting of dumped comparisons with non-dumped
comparisons when making average-to-average comparisons of export price
and normal value in the investigation challenged by the PRC before the
World Trade Organization (``WTO'') in United States--Anti-Dumping
Measures on Certain Shrimp and Diamond Saw Blades from China (DS422).
The Department is now implementing these determinations.
DATES: The effective date of this determination is March 22, 2013.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik (shrimp) and Matthew
Renkey (sawblades), AD/CVD Operations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-6905 and (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
At the written request of USTR, the Department informed interested
parties on September 5, 2012, that it was initiating proceedings under
section 129 of the URAA to implement the findings of the WTO dispute
settlement panel in United States--Anti-Dumping Measures on Certain
Shrimp and Diamond Saw blades from China (DS422) (``Panel Report''). On
December 7, 2012, the Department issued the memorandum entitled
``Preliminary Results Under Section 129 of the Uruguay Round Agreements
Act: Antidumping Measures on Certain Frozen and Canned Warmwater Shrimp
from the People's Republic of China,'' dated December 7, 2012
(``Preliminary Shrimp 129 Determination''), in which the Department
recalculated the weighted-average dumping margins from the antidumping
investigation of shrimp from the PRC \1\ by applying the calculation
methodology described in Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin During an Antidumping Investigation;
Final Modification, 71 FR 77722 (December 27, 2006) (``Final
Modification for Investigations'').
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater Shrimp From the People's
Republic of China, 69 FR 70997 (December 8, 2004) (``PRC Shrimp
Final Determination''). See also Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater Shrimp From the People's Republic of
China, 70 FR 5149 (February 1, 2005) (``PRC Shrimp Amended Final''
or ``PRC Shrimp Order''). On January 21, 2005, the ITC notified the
Department of its final determination that two domestic like
products exist for the merchandise covered by the Department's
investigation: (i) Certain non-canned warmwater shrimp and prawns,
and (ii) canned warmwater shrimp and prawns. The ITC determined that
there is no injury regarding imports of canned warmwater shrimp and
prawns from the PRC. Therefore, canned warmwater shrimp and prawns
is not covered by the PRC Shrimp Order.
---------------------------------------------------------------------------
On December 17, 2012, the Department issued the memorandum entitled
``Preliminary Results under Section 129 of the Uruguay Round Agreements
Act: Antidumping Measures on Diamond Sawblades and Parts Thereof from
the People's Republic of China,'' dated December 17, 2012
(``Preliminary Sawblades 129 Determination''), in which the Department
recalculated one of the weighted-average dumping margins from the
antidumping investigation of sawblades from the PRC \2\ by applying the
calculation methodology described in Final Modification for
Investigations.
---------------------------------------------------------------------------
\2\ See Final Determination of Sales at Less than Fair Value and
Final Partial Affirmative Determination of Critical Circumstances:
Diamond Sawblades and Parts Thereof from the People's Republic of
China, 71 FR 29303 (May 22, 2006). See also Notice of Amended Final
Determination of Sales at Less Than Fair Value: Diamond Sawblades
and Parts Thereof from the People's Republic of China, 71 FR 35864
(June 22, 2006); Diamond Sawblades and Parts Thereof from the
People's Republic of China and the Republic of Korea: Antidumping
Duty Orders, 74 FR 57145 (November 4, 2009) (``Sawblades Order'').
---------------------------------------------------------------------------
The Department invited interested parties for both shrimp and
sawblades to comment on the respective preliminary recalculations.
After receiving comments and rebuttal comments from the interested
parties in both cases, the Department issued its final section 129
determinations on March 4, 2013.\3\
---------------------------------------------------------------------------
\3\ See Memoranda from Christian Marsh to Paul Piquado, ``Final
Results of the Proceeding under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Certain Frozen and Canned
Warmwater Shrimp from the People's Republic of China,'' dated March
4, 2013 (``Shrimp Final 129 Determination Memo''), and ``Final
Results of the Proceeding under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Diamond Sawblades and Parts
Thereof from the People's Republic of China,'' dated March 4, 2013
(``Sawblades Final 129 Determination Memo'').
---------------------------------------------------------------------------
In a March 22, 2013, letter, USTR notified the Department that,
consistent with section 129(b)(3) of the URAA, consultations with the
Department and the appropriate congressional committees with respect to
the March 4, 2013, determinations have been completed. On March 22,
2013, in accordance with section 129(b)(4) of the URAA, USTR directed
the Department to implement these determinations.
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that, ``notwithstanding any provision of
the Tariff Act of 1930,'' within 180 days of a written request from the
USTR, the Department shall issue a determination that would render its
actions not inconsistent with an adverse finding of a WTO panel or the
Appellate Body report. The Statement of Administrative Action, URAA, H.
Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), variously refers to such
a determination by the Department as a ``new,'' ``second,'' and
``different'' determination.\4\ After consulting with
[[Page 18959]]
the Department and the appropriate congressional committees, the USTR
may direct the Department to implement, in whole or in part, the new
determinations made under section 129 of the URAA.\5\ Pursuant to
section 129(c) of the URAA, the new determinations shall apply with
respect to unliquidated entries of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
date on which the USTR directs the Department to implement the new
determinations.\6\ The new determinations are subject to judicial
review separate and apart from judicial review of the Department's
original determination.\7\
---------------------------------------------------------------------------
\4\ See Statement of Administrative Action accompanying the
URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA'') at 1025,
1027.
\5\ See 19 U.S.C. 3538(b)(4).
\6\ See 19 U.S.C. 3538(c).
\7\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties in both the shrimp and sawblades proceedings are
addressed in their respective final determinations,\8\ which are hereby
adopted by this notice. A list of the issues, which the parties raised
and we addressed in both the Shrimp Final 129 Determination Memo and
the Sawblades Final 129 Determination Memo, is attached to this notice
as Appendix I. Both the Shrimp Final 129 Determination Memo and the
Sawblades Final 129 Determination Memo are public documents and are on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available to registered users at
http://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of both memoranda can be
accessed directly on the Internet at http://www.trade.gov/ia/. The
signed Shrimp Final 129 Determination Memo and the Sawblades Final 129
Determination Memo and the respective electronic versions of these
memoranda are identical in content.
---------------------------------------------------------------------------
\8\ See Shrimp Final 129 Determination Memo and Sawblades Final
129 Determination Memo.
---------------------------------------------------------------------------
Final Antidumping Duty Margins
The recalculated margins for shrimp, unchanged from the Preliminary
Shrimp 129 Determination, are:
---------------------------------------------------------------------------
\9\ The 39 Separate Rate Companies are: Asian Seafoods
(Zhanjiang) Co., Ltd.; Beihai Zhengwu Industry Co., Ltd.; Chaoyang
Qiaofeng Group Co., Ltd., aka (Shantou Qiaofeng (Group) Co., Ltd.),
aka (Shantou/Chaoyang Qiaofeng); Chenghai Nichi Lan Food Co., Ltd.;
Dalian Ftz Sea-Rich International Trading Co., Ltd.; Dongri Aquatic
Products Freezing Plants; Fuqing Dongwei Aquatic Products Industry
Co., Ltd.; Gallant Ocean (Liangjiang) Co., Ltd.; Hainan Fruit
Vegetable Food Allocation Co., Ltd.; Hainan Golden Spring Foods Co.,
Ltd./Hainan Brich Aquatic Products Co., Ltd.; Jinfu Trading Co.,
Ltd.; Kaifeng Ocean Sky Industry Co., Ltd.; Leizhou Zhulian Frozen
Food Co., Ltd.; Pingyang Xinye Aquatic Products Co., Ltd.; Savvy
Seafood Inc.; Shanghai Taoen International Trading Co., Ltd.;
Shantou Wanya Food Factory Co., Ltd.; Shantou Jinyuan District
Mingfeng Quick-Frozen Factory; Shantou Long Feng Foodstuffs Co.,
Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.); Shantou Ocean Freezing
Industry and Trade General Corporation; Shantou Shengping Oceanstar
Business Co., Ltd.; Shantou Yuexing Enterprise Company; Shantou
Ruiyuan Industry Co., Ltd.; Shantou Freezing Aquatic Product Food
Stuffs Co.; Shantou Jinhang Aquatic Industry Co., Ltd.; Xuwen
Hailang Breeding Co., Ltd.; Yantai Wei-Cheng Food Co., Ltd.;
Zhangjiang Bobogo Ocean Co., Ltd.; Zhangjiang Newpro Food Co., Ltd.;
Zhanjiang Go-Harvest Aquatic Products Co., Ltd.; Zhanjiang Runhai
Foods Co., Ltd.; Zhanjiang Evergreen Aquatic Product Science and
Technology Co., Ltd.; Zhanjiang Universal Seafood Corp.; Zhejiang
Cereals, Oils & Foodstuff Import & Export Co., Ltd.; Zhoushan Xifeng
Aquatic Co., Ltd.; Zhoushan Huading Seafood Co., Ltd.; Zhoushan
Cereals, Oils and Foodstuffs Import and Export Co., Ltd.; Zhoushan
Lizhou Fishery Co., Ltd.; and Zhoushan Diciyuan Aquatic Products
Co., Ltd.
------------------------------------------------------------------------
Section 129
Manufacturer/exporter results
------------------------------------------------------------------------
Allied Pacific Group.................................... 0.00%
Yelin Enterprise Co. Hong Kong.......................... 0.00%
Shantou Red Garden Foodstuff Co., Ltd................... 0.00%
Separate Rate Companies \9\............................. 22.58%
------------------------------------------------------------------------
The recalculated margin for sawblades, unchanged from the
Preliminary Sawblades 129 Determination, is:
---------------------------------------------------------------------------
\10\ Collectively with Beijing Gang Yan Diamond Product Company
(``BGY'') and Yichang HXF Circular Saw Industrial Co., Ltd
(``HXF''), a single entity.
------------------------------------------------------------------------
Section 129
Manufacturer/exporter results
------------------------------------------------------------------------
Advanced Technology & Materials Co., Ltd. (``AT&M'') 0.00%
\10\...................................................
------------------------------------------------------------------------
Partial Revocation of the Antidumping Duty Order for Certain Frozen
Warmwater Shrimp From the PRC
Because the Department has recalculated dumping margins of zero
percent for Allied, Red Garden, and Yelin, the Department is revoking
the PRC Shrimp Order with respect to Allied, Red Garden, and Yelin
\11\, for entries made on or after March 22, 2013. The Department's
practice, at the time of the underlying investigation, with respect to
revocation or exclusions of companies from an antidumping duty order
was to exclude companies in specific manufacturer-exporter
combinations.\12\ Accordingly, the Department will instruct CBP to
liquidate without regard to antidumping duties, specific manufacturer-
exporter combinations for Allied's \13\, Red Garden's \14\, and Yelin's
\15\ entries of certain frozen warmwater shrimp which were entered, or
withdrawn from warehouse, for consumption on or after March 22, 2013,
and to discontinue the collection of cash deposits for estimated
antidumping duties for the specified manufacturer-exporter combinations
for Allied, Red Garden, and Yelin.
---------------------------------------------------------------------------
\11\ The Department is not revoking the PRC Shrimp Order with
respect to Hilltop International as part of this implementation. See
Shrimp Final 129 Determination Memo at Comment 1.
\12\ See, e.g., Brake Rotors From the People's Republic of
China: Final Results and Partial Rescission of the Fifth Antidumping
Duty Administrative Review and Final Results of the Seventh New
Shipper Review, 68 FR 25861 (May 14, 2003) and accompanying Issues
and Decision Memorandum at Comment 1. See also Notice of Final
Determination of Sales at Less Than Fair Value: Certain Frozen and
Canned Warmwater Shrimp From the People's Republic of China, 69 FR
70997, 71004 (December 8, 2004), where the Department stated that
``the Department does not require any cash deposit or posting of a
bond for Zhanjiang Guolian when the subject merchandise is produced
and exported by Zhanjiang Guolian.'' Subsequently, in the PRC Shrimp
Order, we stated that ``pursuant to 735(c)(1)(B) of the Act, we will
instruct CBP to suspend liquidation of all entries of certain frozen
warmwater shrimp and prawns from the PRC (except merchandise
produced and exported by Zhanjiang Guolian because this company has
a de minimis margin)'' (emphasis added). See PRC Shrimp Order, 70 FR
at 5152.
\13\ Revocation for Allied is specific to: merchandise
manufactured by Allied Pacific Aquatic Products (Zhanjiang) Co.,
Ltd., or Allied Pacific Aquatic Products (Zhongshan) Co., Ltd., or
Allied Pacific Food (Dalian) Co., Ltd., and exported by Allied
Pacific (HK) Co., Ltd., or Allied Pacific Food (Dalian) Co., Ltd.
\14\ Revocation for Red Garden is specific to: merchandise
manufactured by Red Garden Food Processing Co., Ltd., or Chaoyang
Jindu Hengchang Aquatic Products Enterprise Co., Ltd., or Raoping
County Longfa Seafoods Co., Ltd., or Meizhou Aquatic Products Quick-
Frozen Industry Co., Ltd., or Shantou Jinyuan District Mingfeng
Quick-Frozen Factory, or Shantou Long Feng Foodstuffs Co., Ltd., and
exported by Shantou Red Garden Foodstuff Co., Ltd. or Red Garden
Food Processing Co., Ltd.
\15\ Revocation for Yelin is specific to: merchandise
manufactured by Shantou Yelin Frozen Seafood Co., Ltd., or Yangjiang
City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd., or Fuqing Yihua
Aquatic Food Co., Ltd., or Shantou Jinyuan District Mingfeng Quick-
Frozen Factory and exported by Yelin Enterprise Co. Hong Kong or
Shantou Yelin Frozen Seafood Co., Ltd.
---------------------------------------------------------------------------
However, in the PRC Shrimp Amended Final, the Department assigned a
dumping margin based on section 776 of the Act in the antidumping duty
investigation to the PRC-Wide Entity. The Department has not
recalculated this dumping margin because it is not affected by the
implementation of the Panel Report. This dumping margin was based on
information contained in the petition and ``zeroing'' was not used to
calculate
[[Page 18960]]
the dumping margins in the petition.\16\ In addition, the Department
must determine an appropriate dumping margin for separate rate
companies not selected for individual examination during the
investigation. When, as here, the only available rates are zero, de
minimis, or based upon adverse facts available, the Department looks to
section 735(c)(5) of the Tariff Act of 1930, as amended (``Act'') for
guidance, which instructs the Department to use ``any reasonable
method'' for assigning the rate to non-selected respondents.\17\ The
Department determines that a reasonable method for determining the
separate rate for non-selected respondents is a simple average of the
adverse-facts available dumping margin assigned to the PRC-Wide Entity
and each of the calculated zero or de minimis dumping margins
calculated in the original shrimp investigation or as part of the final
section 129 determination for shrimp for the PRC.\18\ This is
consistent with our past practice in the 2007 Section 129
Determinations.\19\ The separate rate margin is now 22.58 percent.
Consequently, because the PRC-wide entity rate of 112.81 percent and
the separate rate of 22.58 percent for non-individually examined
companies are above de minimis, we will not wholly revoke the PRC
Shrimp Order.
---------------------------------------------------------------------------
\16\ See Notice of Initiation of Antidumping Duty
Investigations: Certain Frozen and Canned Warmwater Shrimp From
Brazil, Ecuador, India, Thailand, the People's Republic of China and
the Socialist Republic of Vietnam, 69 FR 3876, 3880-3881 (January
27, 2004) (where the Department stated that, ``based on comparisons
of EP to NV, calculated in accordance with section 773(c) of the
Act, the estimated recalculated dumping margins for certain frozen
and canned warmwater shrimp from the PRC range from 112.81 percent
to 263.68 percent'').
\17\ See section 735(c)(5)(B) of the Act.
\18\ See Shrimp Final 129 Determination Memo at 7-8.
\19\ See Implementation of the Findings of the WTO Panel in
U.S.--Zeroing (EC): Notice of Determinations Under Section 129 of
the Uruguay Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders, 72 FR 25261, 25262-
63 (May 4, 2007) (``2007 Section 129 Determinations'') where the
Department calculated a simple average of existing AFA margins with
above de minimis/zero margins as an All-Others rate following
section 129 recalculations for the mandatory respondents that
resulted in zero or de minimis rates.
---------------------------------------------------------------------------
The Department will instruct CBP to continue to collect cash
deposits for estimated antidumping duties from the separate rate
companies and from the PRC-wide entity, as the PRC Shrimp Order, in
whole, will not be revoked. Further, if any separate rate companies are
subject to the investigation's separate rate cash deposit at the time
of implementation (i.e., if a separate rate company from the
investigation has not had the investigation separate rate cash deposit
superseded by a subsequent review rate) we will instruct CBP to collect
cash deposits at the new separate rate of 22.58 percent for subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after March 22, 2013, the date on which USTR directed the Department to
implement this 129 determination. As noted above, the PRC-wide entity
rate has not changed from the PRC Shrimp Amended Final and Order, and
continues to be 112.81 percent.
Partial Revocation of the Antidumping Duty Order for Diamond Sawblades
and Parts Thereof
Because the Department has recalculated a dumping margin of zero
percent for AT&M, the Department is revoking the Sawblades Order with
respect to AT&M, for entries made on or after March 22, 2013.\20\
Accordingly, the Department will instruct CBP to liquidate without
regard to antidumping duties, entries of sawblades manufactured and
exported by AT&M which were entered, or withdrawn from warehouse, for
consumption on or after March 22, 2013, and to discontinue the
collection of cash deposits for estimated antidumping duties for AT&M.
No other margin for any other entity is affected by this Section 129
Determination for sawblades and parts thereof from the PRC. We will
instruct CBP to continue to suspend liquidation of all entries of
subject merchandise from all other exporters or producers, except for
AT&M, as stated above. We will instruct CBP to continue to require a
cash deposit equal to the estimated amount by which the normal value
exceeds the U.S. price.
---------------------------------------------------------------------------
\20\ Pursuant to a Temporary Restraining Order (``TRO'') issued
by the U.S. Court of International Trade covering sawblades from the
PRC on March 6, 2013, and continued on March 19, 2013, Commerce and
CBP are restrained from: (1) Excluding or revoking the AT&M entity
and/or any of its members (as described in the TRO) from the
Sawblades Order; (2) ordering the lifting of the suspension of
liquidation regarding incoming entries produced and/or exported by
these companies; and (3) making or permitting liquidation of any
unliquidated entries produced and/or exported by these companies
that are subject to the final determination of the less-than-fair-
value investigation. Consistent with the final section 129
determination and recognizing that we cannot exclude or revoke the
AT&M entity and/or any of its members from the Sawblades Order,
future entries of such merchandise are subject to suspension of
liquidation at the cash deposit rate of zero. Subsequent action will
be consistent with the final court decision.
---------------------------------------------------------------------------
These amended final determinations are issued and published in
accordance with section 129(c)(2)(A) of the URAA.
Dated: March 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Certain Frozen Warmwater Shrimp
DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be Revoked with Respect to Yelin
and Hilltop
Comment 2: Revocation of the Order with Respect to Red Garden
Diamond Sawblades and Parts Thereof
DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be Revoked with Respect to AT&M
Comment 2: Whether We Should Permit Petitioner to Submit a Targeted
Dumping Allegation
[FR Doc. 2013-07251 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P