Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of Administrative Review; 2011-2012, 56209-56211 [2013-22226]
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Notices
1400 Independence Avenue SW.,
Washington, DC 20250–2024.
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Joseph T. Reilly, Associate
Administrator, National Agricultural
Statistics Service, U.S. Department of
Agriculture, (202) 720–4333. Copies of
this information collection and related
instructions can be obtained without
charge from David Hancock, NASS
Clearance Officer, at (202) 690–2388.
SUPPLEMENTARY INFORMATION:
Title: Cotton Ginning Survey.
OMB Control Number: 0535–0220.
Expiration Date of Approval: March
31, 2014.
Type of Request: Intent to Seek
Approval to Revise and Extend an
Information Collection for a period of
three years.
Abstract: The primary objective of the
National Agricultural Statistics Service
(NASS) is to collect, prepare and issue
State and national estimates of crop and
livestock production, prices, and
disposition as well as economic
statistics, environmental statistics
related to agriculture and also to
conduct the Census of Agriculture. The
Cotton Ginning surveys provide cotton
ginning statistics from August through
February by State to aid in forecasting
cotton production. Data collected
consists of bales of cotton ginned to
date, cotton to be ginned, lint cotton
produced, cottonseed produced,
cottonseed sold to oil mills, cottonseed
used for other uses, number of gins by
type, bales produced by county of
origin, and cottonseed prices received
by producers. The forecasting procedure
involves calculating a weighted percent
ginned to date as well as an allowance
for cross-state movement and bale
weight adjustments. Production by State
allows adjustments for year-end State
and county estimates. Total pounds of
lint cotton produced, is used to derive
an actual bale weight which increases
the precision of production estimates.
Authority: These data will be
collected under authority of 7 U.S.C.
2204(a). Individually identifiable data
collected under this authority are
governed by Section 1770 of the Food
Security Act of 1985 as amended, 7
U.S.C. 2276, which requires USDA to
afford strict confidentiality to nonaggregated data provided by
respondents. This Notice is submitted in
accordance with the Paperwork
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3501, et seq.) and Office
of Management and Budget regulations
at 5 CFR part 1320.
NASS also complies with OMB
Implementation Guidance,
‘‘Implementation Guidance for Title V
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of the E-Government Act, Confidential
Information Protection and Statistical
Efficiency Act of 2002 (CIPSEA),’’
Federal Register, Vol. 72, No. 115, June
15, 2007, p. 33376.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to be between 10 to 15
minutes per respondent per survey.
Respondents: Active Cotton Gins.
Estimated Number of Respondents:
700.
Estimated Total Annual Burden on
Respondents: 1,150 hours.
Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical,
technological, or other forms of
information technology collection
methods.
All responses to this notice will
become a matter of public record and be
summarized in the request for OMB
approval.
Signed at Washington, DC, August 22,
2013.
Joseph T. Reilly,
Associate Administrator.
[FR Doc. 2013–22238 Filed 9–11–13; 8:45 am]
BILLING CODE 3410–20–P
BROADCASTING BOARD OF
GOVERNORS
Sunshine Act Meeting Notice
Wednesday, September
11, 2013, 11:30 a.m. EDT
PLACE: Broadcasting Board of
Governors, Cohen Building, Room 3321,
330 Independence Ave. SW.,
Washington, DC 20237.
SUBJECT: Notice of Closed Meeting of
the Broadcasting Board of Governors.
SUMMARY: The members of the
Broadcasting Board of Governors (BBG)
will meet in a special session, to be
conducted telephonically, to discuss
and approve a budget submission for
Fiscal Year 2015. According to Office of
Management and Budget (OMB)
Circular A–11, Section 22.1, all agency
budgetary materials and data are
DATE AND TIME:
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considered confidential prior to the
President submitting a budget to
Congress. In accordance with section
22.5 of Circular A–11, the BBG has
determined that its meeting should be
closed to public observation pursuant to
5 U.S.C. 552b(c)(9)(B). In accordance
with the Government in the Sunshine
Act and BBG policies, the meeting will
be recorded and a transcript of the
proceedings, subject to the redaction of
information protected by 5 U.S.C.
552b(c)(9)(B), will be made available to
the public. The publicly-releasable
transcript will be available for
download at www.bbg.gov within 21
days of the date of the meeting.
Information regarding member votes
to close the meeting and expected
attendees can also be found on the
Agency’s public Web site.
CONTACT PERSON FOR MORE INFORMATION:
Persons interested in obtaining more
information should contact Paul
Kollmer-Dorsey at (202) 203–4545.
Paul Kollmer-Dorsey,
Deputy General Counsel.
[FR Doc. 2013–22284 Filed 9–10–13; 11:15 am]
BILLING CODE 8610–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Final Results of Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2013, the
Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the People’s Republic of China
(‘‘PRC’’), covering the period of review
(‘‘POR’’) from February 1, 2011, through
January 31, 2012.1 On May 20, 2013, the
Department issued a post-preliminary
analysis of Zhanjiang Regal Integrated
Marine Resources Co., Ltd. (‘‘Regal’’)
and preliminarily determined that Regal
is eligible for a company-specific
revocation.2
AGENCY:
1 See Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Preliminary Results of
Administrative Review; 2011–2012, 78 FR 15696
(March 12, 2013) (‘‘Preliminary Results’’).
2 See Memorandum To: Paul Piquado, Assistant
Secretary, Import Administration, From: Christian
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Notices
The Department has determined to
revoke the order with respect to Regal.
Additionally, the Department continues
to find that Hilltop International 3 and
that Zhanjiang Newpro Foods Co., Ltd.
(‘‘Newpro’’) are part of the PRC-wide
entity. The final dumping margins are
listed below in the ‘‘Final Results of the
Administrative Review’’ section of this
notice.
DATES: Effective Date: September 12,
2013.
FOR FURTHER INFORMATION CONTACT: Josh
Startup, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5260.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. The written description
of the scope of the order is dispositive.
A full description of the scope of the
order is available in the accompanying
Issues and Decision Memorandum.4
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the Issues and Decision
Memorandum. A list of the issues which
parties raised, and to which we respond
in the Issues and Decision
Memorandum is attached to this notice
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, Subject: 11/12
Antidumping Duty Administrative Review on
Certain Frozen Warm water Shrimp from the
People’s Republic of China: Post-Preliminary
Analysis for Zhanjiang Regal Integrated Marine
Resources Co., Ltd., and Zhanjiang Newpro Foods
Co., Ltd., dated May 20, 2013 (‘‘Post-Prelim
Analysis Memo’’).
3 As in past reviews, Hilltop reported in its
Section A response that it is part of an affiliated
group of companies that includes Yangjiang City
Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing
Yihua Aquatic Food Co., Ltd., Ocean Duke
Corporation and Kingston Foods Corporation
(collectively, ‘‘Hilltop’’).
4 See Memorandum to paul Piquado, Assistant
Secretary for Import Administration, From
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operation,
Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results, (‘‘Issues and
Decision Memorandum’’) dated concurrently with
this notice.
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19:54 Sep 11, 2013
Jkt 229001
as an Appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results the
Department found the following
companies did not have any reviewable
transactions during the POR: Allied
Pacific Food (Dalian) Co., Ltd. and
Allied Pacific Aquatic Products
(Zhanjiang) Co., Ltd. (collectively
‘‘Allied Pacific Group’’); Shantou
Yuexing Enterprise Company; and,
Rizhao Smart Foods Co., Ltd.5 We have
not received any information to
contradict this determination.
Therefore, the Department is making the
final determination that the abovenamed companies did not have any
reviewable entries of subject
merchandise during the POR, and will
issue appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.
Following the verification of Regal, the
Department continues to find that Regal
has met all the criteria for revocation
and, therefore, we will revoke the order
with respect to Regal. Pursuant to 19
CFR 351.222(f)(3), this revocation
applies to all entries of subject
merchandise that are produced and
exported by Regal, and are entered, or
withdrawn from warehouse, for
consumption on or after February 1,
2012 (i.e., the first day after the period
under review). The Department will
order the suspension of liquidation
lifted for all such entries and will
instruct CBP to release any cash
deposits or bonds. The Department will
further instruct CBP to refund with
interest any cash deposits on entries
made on or after February 1, 2012.
Newpro’s Separate Rate
In the Post-Prelim Analysis Memo, we
preliminarily determined that Newpro
had not met the necessary criteria to
receive a separate rate.8 We have not
received any information since the
issuance of the Post-Preliminary
Analysis Memo that provides a basis for
reconsidering this determination.
Therefore, the Department continues to
find that Newpro does not meet the
criteria for a separate rate for the final
results and Newpro will remain part of
the PRC-wide entity.
Final Results of Review
The Department determines that the
following weighted-average dumping
margins exist.
Verification
Exporter
Pursuant to 19 CFR 351.307(b)(iii) and
19 CFR 351.222(f)(2)(ii), between June 3,
2013 and June 7, 2013, the Department
conducted a verification of Regal’s sales
and factors of production, as well as
information relevant to companyspecific revocation.6
Changes Since the Preliminary Results
The Department has not made any
changes to the margin calculations since
the Preliminary Results.
Revocation In Part
In the Post-Prelim Analysis Memo, we
determined that Regal met the
regulatory criteria for revocation set
forth in 19 CFR 351.222(b) (2011).7
5 See
Preliminary Results, 78 FR 15697.
Regal Verification Report.
7 The Department recently modified the
regulations concerning the revocation of
antidumping and countervailing duty orders on a
company specific basis, but that modification went
into effect after the initiation of this administrative
review. See Modification to Regulation Concerning
6 See
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Zhanjiang Regal Integrated
Marine Resources Co.,
Ltd. ....................................
PRC-Wide Entity 9 ................
Weighted
average
dumping
margin
(in percent)
0.00
112.81
Disclosure and Public Comment
Wewill disclose the calculations
performed within five days of the date
the Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 29875 (May 21, 2012).
8 See Post-Preliminary Analysis Memo at 7.
9 Aqua Foods (Qingdao) Co., Ltd., Asian Seafoods
(Zhanjiang) Co., Ltd., Beihai Evergreen Aquatic
Product Science And Technology Co Ltd, Dalian
Hualian Foods Co., Ltd., Dalian Shanhai Seafood
Co., Ltd., Dalian Taiyang Aquatic Products Co., Ltd.
Dalian Z&H Seafood Co., Ltd., Fujian Chaohui
International Trading, Fujian Dongshan County
Shunfa Aquatic Product Co., Ltd., Fujian Rongjiang
Import and Export Corp., Fuqing Minhua Trade Co.,
Ltd, Fuqing Yihua Aquatic Food Co., Ltd., Fuqing
Yiyuan Trading Co., Ltd., Guangdong Jiahuang
Foods Co., Ltd., Guangdong Jinhang Foods Co., Ltd.,
Guangdong Shunxin Sea Fishery Co. Ltd.,
Guangdong Wanya Foods Fty. Co., Ltd., Hai Li
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Notices
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Assessment Rates
tkelley on DSK3SPTVN1PROD with NOTICES
Upon issuance of these final results,
the Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review.10 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.11
The Department announced a
refinement to its assessment practice in
non-market economy cases. Pursuant to
Aquatic Co., Ltd., Hainan Brich Aquatic Products
Co., Ltd., Hainan Hailisheng Food Co., Ltd., Hainan
Xiangtai Fishery Co., Ltd., Haizhou Aquatic
Products Co., Ltd., Hilltop International, Hua Yang
(Dalian) International Transportation Service Co.,
Kingston Foods Corporation, Maoming Xinzhou
Seafood Co., Ltd., Ocean Duke Corporation, Olanya
(Germany) Ltd., Qingdao Yuanqiang Foods Co.,
Ltd., Rizhao Xinghe Foodstuff Co., Ltd., Rui’an
Huasheng Aquatic Products Processing Factory,
Savvy Seafood Inc., Sea Trade International Inc.,
Shandong Meijia Group Co., Ltd., Shanghai Linghai
Fisheries Trading Co. Ltd., Shanghai Lingpu
Aquatic Products Co., Shanghai Smiling Food Co.,
Ltd., Shanghai Zhoulian Foods Co., Ltd., Shantou
Jiazhou Foods Industry, Shantou Jin Cheng Food
Co., Ltd., Shantou Longsheng Aquatic Product
Foodstuff Co., Ltd., Shantou Ruiyuan Industry
Company Ltd., Shantou Wanya Foods Fty. Co., Ltd.,
Shenzen Allied Aquatic Produce Development Ltd.,
Shenzhen Yudayuan Trade Ltd., Thai Royal Frozen
Food Zhanjiang Co., Ltd., Xiamen Granda Import &
Export Co., Ltd., Yancheng Hi-king Agriculture
Developing Co., Ltd., Yanfeng Aquatic Product
Foodstuff, Yangjiang Anyang Food Co., Ltd.,
Yangjiang City Yelin Hoi Tat Quick Frozen Seafood
Co., Ltd., Yangjiang Wanshida Seafood Co., Ltd.,
Yelin Enterprise Co., Ltd., Zhangzhou Xinwanya
Aquatic Product, Zhangzhou Yanfeng Aquatic
Product, Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd., Zhanjiang
Fuchang Aquatic Products Co., Ltd., Zhanjiang Go
Harvest Aquatic Products Co., Ltd., Zhanjiang
Haizhou Aquatic Product Co. Ltd., Zhanjiang
Hengrun Aquatic Co, Ltd., Zhanjiang Jinguo Marine
Foods Co., Ltd., Zhanjiang Join Wealth Aquatic
Products Co., Ltd., Zhanjiang Longwei Aquatic
Products Industry Co., Ltd., Zhanjiang Newpro
Foods Co., Ltd., Zhanjiang Rainbow Aquatic
Development, Zhanjiang Universal Seafood Corp.,
Zhejiang Daishan Baofa Aquatic Products Co., Ltd.,
Zhejiang Xinwang Foodstuffs Ltd., Zhejiang Zhoufu
Food Co., Ltd., Zhoushan Corporation, and
Zhoushan Haiwang Seafood Co., Ltd.
10 See 19 CFR 351.212(b).
11 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification for Reviews, 77 FR
8101 (February 14, 2012).
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19:54 Sep 11, 2013
Jkt 229001
this refinement in practice, for entries
that were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. Additionally, if the
Department determines that an exporter
had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.12
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Tariff Act of
1930, as amended (‘‘Act’’): (1) Because
we have revoked the order with respect
to subject merchandise produced and
exported by Regal, we will instruct CBP
to terminate the suspension of
liquidation for imports of such
merchandise entered, or withdrawn
from warehouse, for consumption on or
after February 1, 2012, and to refund all
cash deposits collected; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
12 See
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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56211
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: September 6, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—List of Topics Discussed in
the Final Decision Memorandum
1. Respondent Selection
2. India as the Surrogate Country for Regal’s
AR5 Analysis
3. Market Economy Purchases
4. Surrogate Value for Scrap
5. Regal’s Reported Scrap Data
6. Revocation of Regal
7. Hilltop as Part of PRC-Wide Entity
8. Assignment of AFA to the PRC-Wide
Entity
[FR Doc. 2013–22226 Filed 9–11–13; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty Administrative Review, 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2013, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the Preliminary Results
of the seventh administrative review of
the antidumping duty Order 1 on certain
AGENCY:
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
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Continued
12SEN1
]]>Agencies
[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56209-56211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22226]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Final Results of Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2013, the Department of Commerce (``Department'')
published the Preliminary Results of the administrative review of the
antidumping duty order on certain frozen warmwater shrimp (``shrimp'')
from the People's Republic of China (``PRC''), covering the period of
review (``POR'') from February 1, 2011, through January 31, 2012.\1\ On
May 20, 2013, the Department issued a post-preliminary analysis of
Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'') and
preliminarily determined that Regal is eligible for a company-specific
revocation.\2\
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Preliminary Results of Administrative Review;
2011-2012, 78 FR 15696 (March 12, 2013) (``Preliminary Results'').
\2\ See Memorandum To: Paul Piquado, Assistant Secretary, Import
Administration, From: Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, Subject: 11/12
Antidumping Duty Administrative Review on Certain Frozen Warm water
Shrimp from the People's Republic of China: Post-Preliminary
Analysis for Zhanjiang Regal Integrated Marine Resources Co., Ltd.,
and Zhanjiang Newpro Foods Co., Ltd., dated May 20, 2013 (``Post-
Prelim Analysis Memo'').
---------------------------------------------------------------------------
[[Page 56210]]
The Department has determined to revoke the order with respect to
Regal. Additionally, the Department continues to find that Hilltop
International \3\ and that Zhanjiang Newpro Foods Co., Ltd.
(``Newpro'') are part of the PRC-wide entity. The final dumping margins
are listed below in the ``Final Results of the Administrative Review''
section of this notice.
---------------------------------------------------------------------------
\3\ As in past reviews, Hilltop reported in its Section A
response that it is part of an affiliated group of companies that
includes Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd.,
Fuqing Yihua Aquatic Food Co., Ltd., Ocean Duke Corporation and
Kingston Foods Corporation (collectively, ``Hilltop'').
---------------------------------------------------------------------------
DATES: Effective Date: September 12, 2013.
FOR FURTHER INFORMATION CONTACT: Josh Startup, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-5260.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. The
written description of the scope of the order is dispositive. A full
description of the scope of the order is available in the accompanying
Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to paul Piquado, Assistant Secretary for
Import Administration, From Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operation, Certain
Frozen Warmwater Shrimp from the People's Republic of China: Issues
and Decision Memorandum for the Final Results, (``Issues and
Decision Memorandum'') dated concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum. A list
of the issues which parties raised, and to which we respond in the
Issues and Decision Memorandum is attached to this notice as an
Appendix. The Issues and Decision Memorandum is a public document and
is on file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
internet at https://www.trade.gov/ia/. The signed Issues and Decision
Memorandum and the electronic versions of the Decision Memorandum are
identical in content.
Final Determination of No Shipments
In the Preliminary Results the Department found the following
companies did not have any reviewable transactions during the POR:
Allied Pacific Food (Dalian) Co., Ltd. and Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd. (collectively ``Allied Pacific Group'');
Shantou Yuexing Enterprise Company; and, Rizhao Smart Foods Co.,
Ltd.\5\ We have not received any information to contradict this
determination. Therefore, the Department is making the final
determination that the above-named companies did not have any
reviewable entries of subject merchandise during the POR, and will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 78 FR 15697.
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Verification
Pursuant to 19 CFR 351.307(b)(iii) and 19 CFR 351.222(f)(2)(ii),
between June 3, 2013 and June 7, 2013, the Department conducted a
verification of Regal's sales and factors of production, as well as
information relevant to company-specific revocation.\6\
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\6\ See Regal Verification Report.
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Changes Since the Preliminary Results
The Department has not made any changes to the margin calculations
since the Preliminary Results.
Revocation In Part
In the Post-Prelim Analysis Memo, we determined that Regal met the
regulatory criteria for revocation set forth in 19 CFR 351.222(b)
(2011).\7\ Following the verification of Regal, the Department
continues to find that Regal has met all the criteria for revocation
and, therefore, we will revoke the order with respect to Regal.
Pursuant to 19 CFR 351.222(f)(3), this revocation applies to all
entries of subject merchandise that are produced and exported by Regal,
and are entered, or withdrawn from warehouse, for consumption on or
after February 1, 2012 (i.e., the first day after the period under
review). The Department will order the suspension of liquidation lifted
for all such entries and will instruct CBP to release any cash deposits
or bonds. The Department will further instruct CBP to refund with
interest any cash deposits on entries made on or after February 1,
2012.
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\7\ The Department recently modified the regulations concerning
the revocation of antidumping and countervailing duty orders on a
company specific basis, but that modification went into effect after
the initiation of this administrative review. See Modification to
Regulation Concerning the Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 29875 (May 21, 2012).
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Newpro's Separate Rate
In the Post-Prelim Analysis Memo, we preliminarily determined that
Newpro had not met the necessary criteria to receive a separate
rate.\8\ We have not received any information since the issuance of the
Post-Preliminary Analysis Memo that provides a basis for reconsidering
this determination. Therefore, the Department continues to find that
Newpro does not meet the criteria for a separate rate for the final
results and Newpro will remain part of the PRC-wide entity.
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\8\ See Post-Preliminary Analysis Memo at 7.
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Final Results of Review
The Department determines that the following weighted-average
dumping margins exist.
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Weighted
average
Exporter dumping margin
(in percent)
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Zhanjiang Regal Integrated Marine Resources Co., Ltd.... 0.00
PRC-Wide Entity \9\..................................... 112.81
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Disclosure and Public Comment
We will disclose the calculations performed within five days of the
date
[[Page 56211]]
of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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\9\ Aqua Foods (Qingdao) Co., Ltd., Asian Seafoods (Zhanjiang)
Co., Ltd., Beihai Evergreen Aquatic Product Science And Technology
Co Ltd, Dalian Hualian Foods Co., Ltd., Dalian Shanhai Seafood Co.,
Ltd., Dalian Taiyang Aquatic Products Co., Ltd. Dalian Z&H Seafood
Co., Ltd., Fujian Chaohui International Trading, Fujian Dongshan
County Shunfa Aquatic Product Co., Ltd., Fujian Rongjiang Import and
Export Corp., Fuqing Minhua Trade Co., Ltd, Fuqing Yihua Aquatic
Food Co., Ltd., Fuqing Yiyuan Trading Co., Ltd., Guangdong Jiahuang
Foods Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong
Shunxin Sea Fishery Co. Ltd., Guangdong Wanya Foods Fty. Co., Ltd.,
Hai Li Aquatic Co., Ltd., Hainan Brich Aquatic Products Co., Ltd.,
Hainan Hailisheng Food Co., Ltd., Hainan Xiangtai Fishery Co., Ltd.,
Haizhou Aquatic Products Co., Ltd., Hilltop International, Hua Yang
(Dalian) International Transportation Service Co., Kingston Foods
Corporation, Maoming Xinzhou Seafood Co., Ltd., Ocean Duke
Corporation, Olanya (Germany) Ltd., Qingdao Yuanqiang Foods Co.,
Ltd., Rizhao Xinghe Foodstuff Co., Ltd., Rui'an Huasheng Aquatic
Products Processing Factory, Savvy Seafood Inc., Sea Trade
International Inc., Shandong Meijia Group Co., Ltd., Shanghai
Linghai Fisheries Trading Co. Ltd., Shanghai Lingpu Aquatic Products
Co., Shanghai Smiling Food Co., Ltd., Shanghai Zhoulian Foods Co.,
Ltd., Shantou Jiazhou Foods Industry, Shantou Jin Cheng Food Co.,
Ltd., Shantou Longsheng Aquatic Product Foodstuff Co., Ltd., Shantou
Ruiyuan Industry Company Ltd., Shantou Wanya Foods Fty. Co., Ltd.,
Shenzen Allied Aquatic Produce Development Ltd., Shenzhen Yudayuan
Trade Ltd., Thai Royal Frozen Food Zhanjiang Co., Ltd., Xiamen
Granda Import & Export Co., Ltd., Yancheng Hi-king Agriculture
Developing Co., Ltd., Yanfeng Aquatic Product Foodstuff, Yangjiang
Anyang Food Co., Ltd., Yangjiang City Yelin Hoi Tat Quick Frozen
Seafood Co., Ltd., Yangjiang Wanshida Seafood Co., Ltd., Yelin
Enterprise Co., Ltd., Zhangzhou Xinwanya Aquatic Product, Zhangzhou
Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science
and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co.,
Ltd., Zhanjiang Go Harvest Aquatic Products Co., Ltd., Zhanjiang
Haizhou Aquatic Product Co. Ltd., Zhanjiang Hengrun Aquatic Co,
Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Join Wealth
Aquatic Products Co., Ltd., Zhanjiang Longwei Aquatic Products
Industry Co., Ltd., Zhanjiang Newpro Foods Co., Ltd., Zhanjiang
Rainbow Aquatic Development, Zhanjiang Universal Seafood Corp.,
Zhejiang Daishan Baofa Aquatic Products Co., Ltd., Zhejiang Xinwang
Foodstuffs Ltd., Zhejiang Zhoufu Food Co., Ltd., Zhoushan
Corporation, and Zhoushan Haiwang Seafood Co., Ltd.
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Assessment Rates
Upon issuance of these final results, the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review.\10\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review.
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\10\ See 19 CFR 351.212(b).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\11\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification for Reviews, 77 FR 8101
(February 14, 2012).
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The Department announced a refinement to its assessment practice in
non-market economy cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\12\
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``Act''): (1) Because we have revoked the order with respect to
subject merchandise produced and exported by Regal, we will instruct
CBP to terminate the suspension of liquidation for imports of such
merchandise entered, or withdrawn from warehouse, for consumption on or
after February 1, 2012, and to refund all cash deposits collected; (2)
for previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Final Decision Memorandum
1. Respondent Selection
2. India as the Surrogate Country for Regal's AR5 Analysis
3. Market Economy Purchases
4. Surrogate Value for Scrap
5. Regal's Reported Scrap Data
6. Revocation of Regal
7. Hilltop as Part of PRC-Wide Entity
8. Assignment of AFA to the PRC-Wide Entity
[FR Doc. 2013-22226 Filed 9-11-13; 8:45 a.m.]
BILLING CODE 3510-DS-P
