Certain Frozen Warmwater Shrimp From the People's Republic of China: Notice of Final Reconsideration of Changed Circumstances Review, 76106-76107 [2013-29838]

Download as PDF 76106 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices after the date of publication of this notice. Furthermore, Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification), applies to these administrative reviews.21 Dated: December 9, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Subsequent Administrative Reviews [A–570–893] Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Act, may request, in accordance with 19 CFR 351.213, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. Subsequent to the Revocation Notice, two anniversary months for these orders have passed (May 2012 and May 2013). Therefore, we intend to provide interested parties an opportunity to request administrative reviews of these Orders. We intend to provide interested parties with this opportunity simultaneously with the next anniversary month for these Orders (May 2014). If any reviews are requested, we intend to conduct the reviews simultaneously. Certain Frozen Warmwater Shrimp From the People’s Republic of China: Notice of Final Reconsideration of Changed Circumstances Review pmangrum on DSK3VPTVN1PROD with NOTICES Advance Notification of Sunset Reviews Every five years, pursuant to section 751(c) of the Act, the Department and the ITC automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. The third sunset reviews of these orders were scheduled for initiation in August 2011 but were obviated by the Revocation Notice. This notice constitutes advance notification for the sunset reviews of these orders which we intend to initiate on January 2, 2014.22 This notice is published consistent with section 777(i) of the Act. 21 See Final Modification, 77 FR at 8113. information relevant to the Department’s conduct of sunset reviews, see, e.g., Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews, 78 FR 60252 (October 1, 2013). 22 For VerDate Mar<15>2010 13:51 Dec 13, 2013 Jkt 232001 [FR Doc. 2013–29839 Filed 12–13–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has received information sufficient to warrant reconsideration of a completed changed circumstances review (‘‘CCR’’) of the antidumping duty order on certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’) originally conducted in 2007.1 Based on evidence uncovered in the sixth administrative review (‘‘AR6’’) of this proceeding,2 we find the information submitted by Hilltop International (‘‘Hilltop’’) 3 in this CCR contains material misrepresentations and, consequently, is unusable for any purposes. Accordingly, our original determination that Hilltop is the successor-in-interest to Yelin Enterprise Co. Hong Kong (‘‘Yelin’’) is reversed such that Hilltop should properly be considered part of the PRC-wide entity, absent a determination of its own rate separate from the PRC-wide entity.4 AGENCY: 1 See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Final Results of Changed Circumstances Review, 72 FR 33447 (June 18, 2007). 2 See Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results, Partial Rescission of Sixth Antidumping Duty Administrative Review and Determination Not To Revoke in Part, 77 FR 53856 (‘‘PRC Shrimp AR6 Final’’). 3 In the final results of the recently completed seventh administrative review, the Department noted that Hilltop, as in prior reviews, has reported that it is affiliated with Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd., Yelin Enterprise Co., Ltd., Ocean Beauty Corporation, Ever Hope International Co., Ltd., Ocean Duke Corporation and Kingston Foods Corporation. See Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209, 56210 (September 12, 2013) (‘‘PRC Shrimp AR7 Final’’). 4 See, e.g., Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Changed Circumstances Review, 75 FR 46914, 46916 (August 4, 2010); Frozen Warmwater PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 DATES: Effective Date: December 16, 2013. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: Background Yelin was formally dissolved on December 12, 2006.5 On March 16, 2007, Hilltop filed a submission requesting that the Department conduct a CCR of the antidumping duty order on certain frozen warmwater shrimp from the PRC to confirm that Hilltop is the successor-in-interest to Yelin.6 On May 2, 2007, the Department published a combined initiation and preliminary results finding that Hilltop was the successor-in-interest to Yelin.7 On June 18, 2007, this finding was confirmed in the final results of this CCR.8 On December 5, 2012, the Department reopened the record of this CCR to reconsider our determination in light of the evidence discovered in AR6 regarding Hilltop’s affiliation with Ocean King (Cambodia) Co. Ltd.9 On February 27, 2013, the Department published in the Federal Register its Preliminary Reconsideration of this CCR, wherein the original finding that Hilltop was the successor-in-interest to Yelin was preliminarily reversed and Hilltop was preliminarily found to be part of the PRC-wide entity.10 Hilltop and Petitioner 11 submitted comments on the Preliminary Reconsideration on Shrimp from Vietnam: Notice of Final Results of Antidumping Duty Changed Circumstances Reviews, 74 FR 42050, 42051 (August 20, 2009). 5 See Letter from Hilltop to the Secretary of Commerce ‘‘Request for Expedited Changed Circumstances Determination’’ (March 16, 2007). 6 See id. 7 Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, 72 FR 24273 (May 2, 2007). 8 See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Final Results of Changed Circumstances Review, 72 FR 33447 (June 18, 2007). 9 See Letter to All Interested Parties from Catherine Bertrand, Program Manager, Office 9, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Reopening the Record of Changed Circumstances Review’’ (December 5, 2012). 10 See Certain Frozen Warmwater Shrimp From the People’s Republic of China: Notice of Preliminary Reconsideration of Changed Circumstances Review, 78 FR 13324 (February 27, 2013) (‘‘Preliminary Reconsideration’’). 11 Petitioner is the Ad Hoc Shrimp Trade Action Committee and its members. E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices March 27, 2013,12 and rebuttal comments on April 1, 2013.13 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.14 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. The revised deadline for the final reconsideration of this CCR is now December 11, 2013.15 Scope of Order pmangrum on DSK3VPTVN1PROD with NOTICES The merchandise that is subject to the order is certain frozen warmwater shrimp from the PRC. The products subject to the order at the time of this CCR was originally conducted 16 were classified under U.S. Harmonized Tariff Schedule (‘‘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. Although the HTSUS subheadings are provided for convenience and customs 12 See Letter to the Secretary of Commerce from Petitioner ‘‘Changed Circumstances Review for Certain Frozen Warmwater Shrimp from the People’s Republic of China: Case Brief’’ (March 27, 2013); Letter to the Secretary of Commerce from Hilltop ‘‘Administrative Case Brief for Hilltop International in the Reconsideration of Changed Circumstances Review: Certain Frozen Warmwater Shrimp from the People’s Republic of China’’ (March 27, 2013). 13 See Letter to the Secretary of Commerce from Petitioner ‘‘Changed Circumstances Review for Certain Frozen Warmwater Shrimp from the People’s Republic of China: Rebuttal Brief’’ (April 1, 2013); Letter to the Secretary of Commerce from Hilltop ‘‘Reply Brief for Hilltop International in the Reconsideration of Changed Circumstances Review: Certain Frozen Warmwater Shrimp from the People’s Republic of China’’ (April 1, 2013). 14 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 15 We note that the original deadline for this final reconsideration was November 24, 2013, which was a Sunday. Accordingly, this final reconsideration has been extended 16 days from the following business day, November 25, 2013. 16 We note that on April 26, 2011, the Department amended the antidumping duty order to include dusted shrimp, pursuant to the U.S. Court of International Trade (‘‘CIT’’) decision in Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International Trade Commission determination, which found the domestic like product to include dusted shrimp. 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 (April 26, 2011). The scope referenced here is the scope that was in effect when the Department conducted this original CCR proceeding. VerDate Mar<15>2010 13:51 Dec 13, 2013 Jkt 232001 purposes, the written description of the merchandise remains dispositive.17 Analysis of Comments Received All issues raised in case and rebuttal briefs are addressed in the Final Reconsideration Memorandum.18 A list of the issues which parties have raised, and to which we have responded in the Final Reconsideration Memorandum, is attached to this notice as an Appendix. The Final Reconsideration Memorandum is a public document on file electronically via the Department’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 Final Reconsideration Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Final Reconsideration Memorandum and the electronic versions of the Final Reconsideration Memorandum are identical in content. Final Reconsideration For the reasons detailed in the Final Reconsideration Memorandum, we continue to find that Hilltop is not the successor-in-interest to Yelin and is considered part of the PRC-wide entity. In making this determination we have relied on adverse facts available, in accordance with section 776(a) and (b) of the Tariff Act of 1930, as amended (‘‘the Act’’). Instructions to U.S. Customs and Border Protection As a result of this determination, we reverse our previous successor-ininterest determination and find that Hilltop is not the successor-in-interest to Yelin. Although the reconsidered CCR precedes several administrative reviews in which Hilltop was involved, we note that this finding is consistent with the most recently completed seventh administrative review, in which Hilltop was determined to be part of the 17 See 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). 18 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Final Reconsideration of Changed Circumstances Review: Certain Frozen Warmwater Shrimp from the People’s Republic of China,’’ (‘‘Final Reconsideration Memorandum’’) dated concurrently with these results and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 76107 PRC-wide entity.19 Hilltop is currently subject to the cash deposit requirements applicable to the PRC-wide entity, which is 112.81 percent. We also note that this finding is consistent with the Department’s most recent findings in the fourth, fifth, and six administrative reviews, in which Hilltop was found to be part of the PRC-wide entity.20 Thus, Hilltop’s current cash deposit requirement shall remain in effect until further notice. Notification This notice serves as a 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 351.306. Timely written notification of the return/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 sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.221(c)(3). Dated: December 6, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2013–29838 Filed 12–13–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the South Atlantic and the Gulf of Mexico; South Atlantic Fishery Management Council (SAFMC) and Gulf of Mexico Fishery Management Council (GMFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice of a public meeting of the SAFMC and GMFMC Joint Council Committee on South Florida Management Issues and the Ad Hoc ACTION: 19 See, e.g., PRC Shrimp AR7 Final, 78 FR at 56210. 20 See Final Results Of Redetermination Pursuant To Court Remand (November 4, 2013), available at https://enforcement.trade.gov/remands/; Final Results Of Redetermination Pursuant To Court Remand (November 7, 2013), available at https:// enforcement.trade.gov/remands/; PRC Shrimp AR6 Final. E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76106-76107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Notice of Final Reconsideration of Changed Circumstances Review

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant reconsideration of a completed 
changed circumstances review (``CCR'') of the antidumping duty order on 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC'') originally conducted in 2007.\1\ Based on evidence uncovered 
in the sixth administrative review (``AR6'') of this proceeding,\2\ we 
find the information submitted by Hilltop International (``Hilltop'') 
\3\ in this CCR contains material misrepresentations and, consequently, 
is unusable for any purposes. Accordingly, our original determination 
that Hilltop is the successor-in-interest to Yelin Enterprise Co. Hong 
Kong (``Yelin'') is reversed such that Hilltop should properly be 
considered part of the PRC-wide entity, absent a determination of its 
own rate separate from the PRC-wide entity.\4\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
    \2\ See Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results, Partial 
Rescission of Sixth Antidumping Duty Administrative Review and 
Determination Not To Revoke in Part, 77 FR 53856 (``PRC Shrimp AR6 
Final'').
    \3\ In the final results of the recently completed seventh 
administrative review, the Department noted that Hilltop, as in 
prior reviews, has reported that it is affiliated with Yangjiang 
City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua 
Aquatic Food Co., Ltd., Yelin Enterprise Co., Ltd., Ocean Beauty 
Corporation, Ever Hope International Co., Ltd., Ocean Duke 
Corporation and Kingston Foods Corporation. See Certain Frozen 
Warmwater Shrimp From the People's Republic of China: Final Results 
of Administrative Review; 2011-2012, 78 FR 56209, 56210 (September 
12, 2013) (``PRC Shrimp AR7 Final'').
    \4\ See, e.g., Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Final Results of Changed Circumstances 
Review, 75 FR 46914, 46916 (August 4, 2010); Frozen Warmwater Shrimp 
from Vietnam: Notice of Final Results of Antidumping Duty Changed 
Circumstances Reviews, 74 FR 42050, 42051 (August 20, 2009).

---------------------------------------------------------------------------
DATES: Effective Date: December 16, 2013.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    Yelin was formally dissolved on December 12, 2006.\5\ On March 16, 
2007, Hilltop filed a submission requesting that the Department conduct 
a CCR of the antidumping duty order on certain frozen warmwater shrimp 
from the PRC to confirm that Hilltop is the successor-in-interest to 
Yelin.\6\ On May 2, 2007, the Department published a combined 
initiation and preliminary results finding that Hilltop was the 
successor-in-interest to Yelin.\7\ On June 18, 2007, this finding was 
confirmed in the final results of this CCR.\8\
---------------------------------------------------------------------------

    \5\ See Letter from Hilltop to the Secretary of Commerce 
``Request for Expedited Changed Circumstances Determination'' (March 
16, 2007).
    \6\ See id.
    \7\ Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review, 72 FR 24273 (May 2, 2007).
    \8\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
---------------------------------------------------------------------------

    On December 5, 2012, the Department reopened the record of this CCR 
to reconsider our determination in light of the evidence discovered in 
AR6 regarding Hilltop's affiliation with Ocean King (Cambodia) Co. 
Ltd.\9\ On February 27, 2013, the Department published in the Federal 
Register its Preliminary Reconsideration of this CCR, wherein the 
original finding that Hilltop was the successor-in-interest to Yelin 
was preliminarily reversed and Hilltop was preliminarily found to be 
part of the PRC-wide entity.\10\ Hilltop and Petitioner \11\ submitted 
comments on the Preliminary Reconsideration on

[[Page 76107]]

March 27, 2013,\12\ and rebuttal comments on April 1, 2013.\13\
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    \9\ See Letter to All Interested Parties from Catherine 
Bertrand, Program Manager, Office 9, ``Certain Frozen Warmwater 
Shrimp from the People's Republic of China: Reopening the Record of 
Changed Circumstances Review'' (December 5, 2012).
    \10\ See Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Notice of Preliminary Reconsideration of Changed 
Circumstances Review, 78 FR 13324 (February 27, 2013) (``Preliminary 
Reconsideration'').
    \11\ Petitioner is the Ad Hoc Shrimp Trade Action Committee and 
its members.
    \12\ See Letter to the Secretary of Commerce from Petitioner 
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Case Brief'' (March 27, 2013); 
Letter to the Secretary of Commerce from Hilltop ``Administrative 
Case Brief for Hilltop International in the Reconsideration of 
Changed Circumstances Review: Certain Frozen Warmwater Shrimp from 
the People's Republic of China'' (March 27, 2013).
    \13\ See Letter to the Secretary of Commerce from Petitioner 
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Rebuttal Brief'' (April 1, 
2013); Letter to the Secretary of Commerce from Hilltop ``Reply 
Brief for Hilltop International in the Reconsideration of Changed 
Circumstances Review: Certain Frozen Warmwater Shrimp from the 
People's Republic of China'' (April 1, 2013).
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\14\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the final reconsideration of this CCR is 
now December 11, 2013.\15\
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    \14\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \15\ We note that the original deadline for this final 
reconsideration was November 24, 2013, which was a Sunday. 
Accordingly, this final reconsideration has been extended 16 days 
from the following business day, November 25, 2013.
---------------------------------------------------------------------------

Scope of Order

    The merchandise that is subject to the order is certain frozen 
warmwater shrimp from the PRC. The products subject to the order at the 
time of this CCR was originally conducted \16\ were classified under 
U.S. Harmonized Tariff Schedule (``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. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise remains dispositive.\17\
---------------------------------------------------------------------------

    \16\ We note that on April 26, 2011, the Department amended the 
antidumping duty order to include dusted shrimp, pursuant to the 
U.S. Court of International Trade (``CIT'') decision in Ad Hoc 
Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 
(CIT 2010) and the U.S. International Trade Commission 
determination, which found the domestic like product to include 
dusted shrimp. 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 (April 26, 2011). The scope 
referenced here is the scope that was in effect when the Department 
conducted this original CCR proceeding.
    \17\ See 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).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in case and rebuttal briefs are addressed in the 
Final Reconsideration Memorandum.\18\ A list of the issues which 
parties have raised, and to which we have responded in the Final 
Reconsideration Memorandum, is attached to this notice as an Appendix. 
The Final Reconsideration Memorandum is a public document on file 
electronically via the Department'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 Final Reconsideration 
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Final Reconsideration Memorandum 
and the electronic versions of the Final Reconsideration Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \18\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Final Reconsideration of Changed 
Circumstances Review: Certain Frozen Warmwater Shrimp from the 
People's Republic of China,'' (``Final Reconsideration Memorandum'') 
dated concurrently with these results and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Final Reconsideration

    For the reasons detailed in the Final Reconsideration Memorandum, 
we continue to find that Hilltop is not the successor-in-interest to 
Yelin and is considered part of the PRC-wide entity. In making this 
determination we have relied on adverse facts available, in accordance 
with section 776(a) and (b) of the Tariff Act of 1930, as amended 
(``the Act'').

Instructions to U.S. Customs and Border Protection

    As a result of this determination, we reverse our previous 
successor-in-interest determination and find that Hilltop is not the 
successor-in-interest to Yelin. Although the reconsidered CCR precedes 
several administrative reviews in which Hilltop was involved, we note 
that this finding is consistent with the most recently completed 
seventh administrative review, in which Hilltop was determined to be 
part of the PRC-wide entity.\19\ Hilltop is currently subject to the 
cash deposit requirements applicable to the PRC-wide entity, which is 
112.81 percent. We also note that this finding is consistent with the 
Department's most recent findings in the fourth, fifth, and six 
administrative reviews, in which Hilltop was found to be part of the 
PRC-wide entity.\20\ Thus, Hilltop's current cash deposit requirement 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \19\ See, e.g., PRC Shrimp AR7 Final, 78 FR at 56210.
    \20\ See Final Results Of Redetermination Pursuant To Court 
Remand (November 4, 2013), available at https://enforcement.trade.gov/remands/; Final Results Of Redetermination 
Pursuant To Court Remand (November 7, 2013), available at https://enforcement.trade.gov/remands/; PRC Shrimp AR6 Final.
---------------------------------------------------------------------------

Notification

    This notice serves as a 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 351.306. Timely written notification of 
the return/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 sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.216 and 351.221(c)(3).

     Dated: December 6, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29838 Filed 12-13-13; 8:45 am]
BILLING CODE 3510-DS-P

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