Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 15949-15951 [2014-06402]
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
of review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 6
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by Villares for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of SSB from
Brazil entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for Villares will be the rate
established in the final results of this
administrative review; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 19.43
percent, the all-others rate established
in the Notice of Final Determination of
Sales at Less Than Fair Value: Stainless
Steel Bar From Brazil, 59 FR 66914
(December 28, 1994). These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
6 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 80102
(February 14, 2012).
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Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
1. Comparisons to Normal Value
a. Determination of Comparison Method
b. Results of Differential Pricing Analysis
c. Sales Outside the Ordinary Course of
Trade
d. Costs of Production for Certain Control
Numbers
2. Product Comparisons
3. Date of Sale
4. Constructed Export Price
5. Normal Value
a. Home Market Viability as Comparison
Market
b. Level of Trade
c. Cost of Production
(1) Calculation of Cost of Production
(2) Results of COP Test
d. Calculation of Normal Value Based on
Comparison Market Prices
E. Currency Conversion
F. Recommendation
[FR Doc. 2014–06392 Filed 3–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
AGENCY:
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15949
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, 2012, through
January 31, 2013. As discussed below,
the Department preliminarily
determines that Zhanjiang Newpro
Foods Co., Ltd. (‘‘Newpro’’), and Hilltop
International (‘‘Hilltop’’) failed to
cooperate to the best of their ability in
this review. Accordingly, the
Department is finding Newpro and
Hilltop are part of the PRC-wide entity
to which we are applying adverse facts
available (‘‘AFA’’), as discussed below.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: March 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.1
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.
Although the HTSUS numbers are
provided for convenience and for
customs purposes, the written product
description, available in the Preliminary
Decision Memorandum, remains
dispositive.
Tolling of Deadlines for Preliminary
Determination
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
1 See the Decision Memorandum for Preliminary
Results for the Antidumping Duty Administrative
Review of Warmwater Shrimp From the People’s
Republic of China,’’ (‘‘Preliminary Decision
Memorandum’’) from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with these results,
for a complete description of the Scope of the
Order.
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
October 1, through October 16, 2013.2
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. The revised deadline for the
preliminary results of this review is now
March 18, 2014.3
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Because Hilltop
was unresponsive to the Department’s
requests for information, failed to
provide the requested information by
the deadline, and failed to establish its
eligibility for a separate rate, it is being
treated as part of the PRC-wide entity.
Further, Newpro notified the
Department that it would no longer
respond to any outstanding/additional
questionnaires or participate in a
verification.4 As such, it withheld
information requested by the
Department, failed to provide
information by the deadlines, impeded
the proceeding, and provided
information that cannot verified.
Accordingly, Newpro failed to establish
its eligibility for a separate rate and is
being treated as part of the PRC-wide
entity. As a result, the PRC-wide entity
is now under review. In making our
preliminary determination with respect
to the PRC-wide entity, we relied on
facts available and, because elements of
the PRC-wide entity, Hilltop and
Newpro, failed to act to the best of their
ability in complying with the
Department’s request for information,
we drew an adverse inference in
selecting from among the facts
otherwise available.5
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
2 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).
3 The deadline for the preliminary results of this
review was March 17, 2014. Due to the closure of
the Federal Government in Washington, DC on
March 17, 2014, the Department reached this
determination on the next business day (i.e., March
18, 2014). See Notice of Clarification: Application
of ‘‘Next Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
4 See Letter to the Secretary of Commerce from
Newpro ‘‘Withdrawal From Review’’ (February 7,
2014).
5 See sections 776(a) and (b) of the Act.
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Jkt 232001
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the in the
Central Records Unit, Room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Review
The Department preliminarily
determines that the following dumping
margin exists for the period February 1,
2012, through January 31, 2013:
Exporter
Margin
PRC-Wide Entity (including
Hilltop International and
Zhanjiang Newpro Foods
Co., Ltd.).6
112.81 percent.
Public Comment
Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.7
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.9
Case and rebuttal briefs should be filed
using IA ACCESS.10
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via IA ACCESS.11 An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.12
Requests should contain: (1) The party’s
name, address and telephone number;
6 The Department preliminarily determines that
89 PRC exporters, including Hilltop and Newpro,
have not demonstrated their eligibility for separate
rate status. See Appendix I and Preliminary
Decision Memorandum, at 5–6.
7 See 19 CFR 351.309(c).
8 See 19 CFR 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303.
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(c).
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(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. Unless extended, the Department
will issue the final results of this
administrative review, including the
results of its analysis of issues raised in
any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the 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. The Department intends to issue
assessment instructions to CBP 15 days
after the publication of the final results
of this review. Where assessments are
based upon total facts available,
including total adverse facts available,
we instruct CBP to assess duties at the
adverse facts available margin rate. If
these preliminary results are unchanged
in the final results, then the Department
intends to instruct CBP to assess
antidumping duties on POR entries of
the subject merchandise produced or
exported by the PRC-wide entity
(including Hilltop and Newpro) at the
rate of 112.81 percent of the entered
value.13 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable. The Department
recently announced a refinement to its
assessment practice in NME cases.
Pursuant to this refinement in practice,
for entries that were not reported by
companies examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
13 See 19 CFR 351.212(b)(1). The Department
preliminarily determines that an importer-specific
adjustment of the assessment rate for certain entries
on shipments made by Newpro (which we
preliminarily determine to be part of the PRC-wide
entity) is warranted given the facts uncovered in
this review. For a full description of this issue and
the resultant adjustment, see the Preliminary
Decision Memorandum and the Memorandum to
the File from Kabir Archuletta, Senior International
Trade Analyst, Office V, through Catherine
Bertrand, Program Manager, Office V
‘‘Administrative Review of Certain Frozen
Warmwater Shrimp From the People’s Republic of
China: Business Proprietary Memo for the
Preliminary Results,’’ dated concurrently with this
notice.
E:\FR\FM\24MRN1.SGM
24MRN1
Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
exporter’s rate) will be liquidated at the
NME-wide rate.14
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 Act: (1) 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; (2) for all
PRC exporters (including Hilltop and
Newpro) of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the PRC-wide entity; and
(3) 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.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Appendix I
The PRC-wide entity includes the 89
companies currently under review that have
not established their entitlement to a separate
rate. Those 89 companies are:
1. Allied Pacific Aquatic Products Zhanjiang
Co., Ltd.
2. Allied Pacific Food (Dalian) Co., Ltd.
3. Aqua Foods (Qingdao) Co., Ltd.
4. Asian Seafoods (Zhanjiang) Co., Ltd.
14 See
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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5. Beihai Boston Frozen Food Co., Ltd.
6. Beihai Evergreen Aquatic Product Science
and Technology Co., Ltd.
7. Beihai Wanjing Marine Products Co., Ltd.
8. Dalian Hualian Foods Co., Ltd.
9. Dalian Shanhai Seafood Co., Ltd.
10. Dalian Taiyang Aquatic Products Co., Ltd.
11. Dalian Z&H Seafood Co., Ltd.
12. Eimskip Logistics (Qingdao) Co., Ltd.
13. Eimskip Logistics Inc.
14. EZ Logistics Inc.
15. EZ Logistics LLC
16. Fujian Chaohui International Trading
17. Fujian Dongshan County Shunfa Aquatic
Product Co., Ltd.
18. Fujian Rongjiang Import and Export Co.,
Ltd.
19. Fuqing Minhua Trade Co., Ltd.
20. Fuqing Yihua Aquatic Food Co., Ltd.
21. Fuqing Yiyuan Trading Co., Ltd.
22. Guangdong Gourmet Aquatic Products
Co., Ltd.
23. Guangdong Jinhang Foods Co., Ltd.
24. Guangdong Shunxin Sea Fishery Co., Ltd.
25. Guangdong Wanshida Holding Corp.
26. Guangdong Wanya Foods Fty. Co., Ltd.
27. Hai Li Aquatic Co., Ltd.
28. Hainan Brich Aquatic Products Co., Ltd.
29. Hainan Golden Spring Foods Co., Ltd.
30. Hainan Hailisheng Food Co., Ltd.
31. Hainan Xiangtai Fishery Co., Ltd.
32. Haizhou Aquatic Products Co., Ltd.
33. Hangzhou Tianhai Aquatic Products Co.,
Ltd.
34. Hilltop International
35. Hua Yang (Dalian) International
Transportation Service Co.
36. Leizhou Beibuwan Sea Products Co., Ltd.
37. Longhai Gelin Seafoods Co., Ltd.
38. Longheng (Fuqing) Imp. & Exp. Co., Ltd.
39. Longsheng Aquatic Co., Ltd.
40. Maoming Xinzhou Seafood Co., Ltd.
41. Olanya (Germany) Ltd.
42. Qingdao Yuanqiang Foods Co., Ltd.
43. Rizhao Smart Foods Company Limited
44. Rizhao Xinghe Foodstuff Co., Ltd.
45. Rui’an Huasheng Aquatic Products Co.,
Ltd.
46. Savvy Seafood Inc.
47. Shandong Meijia Group Co., Ltd.
48. Shanghai Linghai Fisheries Trading Co.,
Ltd.
49. Shanghai Lingpu Aquatic Products Co.,
Ltd.
50. Shanghai Smiling Food Co., Ltd.
51. Shanghai Zhoulian Foods Co., Ltd.
52. Shantou Haiyou Aquatic Product
Foodstuff Co., Ltd.
53. Shantou Jiazhou Foods Industry Co., Ltd.
54. Shantou Jin Cheng Food Co., Ltd.
55. Shantou Jintai Aquatic Product Industrial
Co., Ltd.
56. Shantou Longsheng Aquatic Product
Foodstuff Co., Ltd.
57. Shantou Ruiyuan Industry Company Ltd.
58. Shantou Wanya Foods Fty. Co., Ltd.
59. Shantou Yuexing Enterprises Co.
60. Shenzen Allied Aquatic Produce
Development Ltd.
61. Shenzhen Yudayuan Trade Ltd.
62. Thai Royal Frozen Food Zhanjiang Co.,
Ltd.
63. Xiamen Granda Import & Export Co., Ltd.
64. Yancheng Hi-king Agriculture Developing
Co., Ltd.
65. Yanfeng Aquatic Product Foodstuff
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15951
66. Yangjiang Anyang Food Co., Ltd.
67. Yangjiang Wanshida Seafood Co., Ltd.
68. Yelin Enterprise Co., Ltd.
69. Zhangzhou Xinwanya Aquatic Product
Co., Ltd.
70. Zhangzhou Yanfeng Aquatic Product
71. Zhanjiang Bo Bo Go Ocean Co., Ltd.
72. Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd.
73. Zhanjiang Fuchang Aquatic Products Co.,
Ltd.
74. Zhanjiang Go Harvest Aquatic Products
Co., Ltd.
75. Zhanjiang Haizhou Aquatic Product Co.,
Ltd.
76. Zhanjiang Hengrun Aquatic Co., Ltd.
77. Zhanjiang Jinguo Marine Foods Co., Ltd.
78. Zhanjiang Join Wealth Aquatic Products
Co., Ltd.
79. Zhanjiang Longwei Aquatic Products
Industry Co., Ltd.
80. Zhanjiang Newpro Food Co., Ltd.
81. Zhanjiang Rainbow Aquatic Development
82. Zhanjiang Universal Seafood Corp.
83. Zhejiang Daishan Baofa Aquatic Products
Co., Ltd.
84. Zhejiang Evernew Seafood Co., Ltd.
85. Zhejiang Xinwang Foodstuffs Co., Ltd.
86. Zhejiang Zhoufu Food Co., Ltd.
87. Zhoushan Corporation
88. Zhoushan Genho Food Co., Ltd.
89. Zhoushan Haiwang Seafood Co., Ltd.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy (‘‘NME’’) Country
Status
4. Separate Rates
5. PRC-Wide Entity
6. Use of Facts Available and Adverse Facts
Available
7. Application of Total Adverse Facts
Available to the PRC-Wide Entity
8. Selection of Adverse Facts Available Rate
9. Corroboration of Secondary Information
10. Preliminary Determination of No
Shipments
11. Adjustment of Assessment Rate for
Certain Shipments by Newpro
12. Conclusion
[FR Doc. 2014–06402 Filed 3–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand; Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of Review,
Preliminary Determination of No
Shipments; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\24MRN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 15949-15951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06402]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
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,
2012, through January 31, 2013. As discussed below, the Department
preliminarily determines that Zhanjiang Newpro Foods Co., Ltd.
(``Newpro''), and Hilltop International (``Hilltop'') failed to
cooperate to the best of their ability in this review. Accordingly, the
Department is finding Newpro and Hilltop are part of the PRC-wide
entity to which we are applying adverse facts available (``AFA''), as
discussed below. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: March 24, 2014.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp.\1\ 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.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description, available in the Preliminary
Decision Memorandum, remains dispositive.
---------------------------------------------------------------------------
\1\ See the Decision Memorandum for Preliminary Results for the
Antidumping Duty Administrative Review of Warmwater Shrimp From the
People's Republic of China,'' (``Preliminary Decision Memorandum'')
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated concurrently with these
results, for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from
[[Page 15950]]
October 1, through October 16, 2013.\2\ Therefore, all deadlines in
this segment of the proceeding have been extended by 16 days. The
revised deadline for the preliminary results of this review is now
March 18, 2014.\3\
---------------------------------------------------------------------------
\2\ 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).
\3\ The deadline for the preliminary results of this review was
March 17, 2014. Due to the closure of the Federal Government in
Washington, DC on March 17, 2014, the Department reached this
determination on the next business day (i.e., March 18, 2014). See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). Because
Hilltop was unresponsive to the Department's requests for information,
failed to provide the requested information by the deadline, and failed
to establish its eligibility for a separate rate, it is being treated
as part of the PRC-wide entity. Further, Newpro notified the Department
that it would no longer respond to any outstanding/additional
questionnaires or participate in a verification.\4\ As such, it
withheld information requested by the Department, failed to provide
information by the deadlines, impeded the proceeding, and provided
information that cannot verified. Accordingly, Newpro failed to
establish its eligibility for a separate rate and is being treated as
part of the PRC-wide entity. As a result, the PRC-wide entity is now
under review. In making our preliminary determination with respect to
the PRC-wide entity, we relied on facts available and, because elements
of the PRC-wide entity, Hilltop and Newpro, failed to act to the best
of their ability in complying with the Department's request for
information, we drew an adverse inference in selecting from among the
facts otherwise available.\5\
---------------------------------------------------------------------------
\4\ See Letter to the Secretary of Commerce from Newpro
``Withdrawal From Review'' (February 7, 2014).
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance'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 in the Central Records Unit, Room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following dumping
margin exists for the period February 1, 2012, through January 31,
2013:
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Exporter Margin
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PRC-Wide Entity (including Hilltop 112.81 percent.
International and Zhanjiang Newpro
Foods Co., Ltd.).\6\
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Public Comment
Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\7\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\8\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\9\ Case and
rebuttal briefs should be filed using IA ACCESS.\10\
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\6\ The Department preliminarily determines that 89 PRC
exporters, including Hilltop and Newpro, have not demonstrated their
eligibility for separate rate status. See Appendix I and Preliminary
Decision Memorandum, at 5-6.
\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via IA
ACCESS.\11\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after
the date of publication of this notice.\12\ Requests should contain:
(1) The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. Unless extended, the Department will issue the final results of
this administrative review, including the results of its analysis of
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the 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.
The Department intends to issue assessment instructions to CBP 15 days
after the publication of the final results of this review. Where
assessments are based upon total facts available, including total
adverse facts available, we instruct CBP to assess duties at the
adverse facts available margin rate. If these preliminary results are
unchanged in the final results, then the Department intends to instruct
CBP to assess antidumping duties on POR entries of the subject
merchandise produced or exported by the PRC-wide entity (including
Hilltop and Newpro) at the rate of 112.81 percent of the entered
value.\13\ The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable. The Department recently announced a refinement to its
assessment practice in NME cases. Pursuant to this refinement in
practice, for entries that were not reported by companies examined
during this review, the Department will instruct CBP to liquidate such
entries at the NME-wide rate. In addition, if the Department determines
that an exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that
[[Page 15951]]
exporter's rate) will be liquidated at the NME-wide rate.\14\
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\13\ See 19 CFR 351.212(b)(1). The Department preliminarily
determines that an importer-specific adjustment of the assessment
rate for certain entries on shipments made by Newpro (which we
preliminarily determine to be part of the PRC-wide entity) is
warranted given the facts uncovered in this review. For a full
description of this issue and the resultant adjustment, see the
Preliminary Decision Memorandum and the Memorandum to the File from
Kabir Archuletta, Senior International Trade Analyst, Office V,
through Catherine Bertrand, Program Manager, Office V
``Administrative Review of Certain Frozen Warmwater Shrimp From the
People's Republic of China: Business Proprietary Memo for the
Preliminary Results,'' dated concurrently with this notice.
\14\ 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 Act: (1) 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; (2) for all PRC exporters (including Hilltop and Newpro)
of subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the PRC-wide
entity; and (3) 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.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
The PRC-wide entity includes the 89 companies currently under
review that have not established their entitlement to a separate
rate. Those 89 companies are:
1. Allied Pacific Aquatic Products Zhanjiang Co., Ltd.
2. Allied Pacific Food (Dalian) Co., Ltd.
3. Aqua Foods (Qingdao) Co., Ltd.
4. Asian Seafoods (Zhanjiang) Co., Ltd.
5. Beihai Boston Frozen Food Co., Ltd.
6. Beihai Evergreen Aquatic Product Science and Technology Co., Ltd.
7. Beihai Wanjing Marine Products Co., Ltd.
8. Dalian Hualian Foods Co., Ltd.
9. Dalian Shanhai Seafood Co., Ltd.
10. Dalian Taiyang Aquatic Products Co., Ltd.
11. Dalian Z&H Seafood Co., Ltd.
12. Eimskip Logistics (Qingdao) Co., Ltd.
13. Eimskip Logistics Inc.
14. EZ Logistics Inc.
15. EZ Logistics LLC
16. Fujian Chaohui International Trading
17. Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
18. Fujian Rongjiang Import and Export Co., Ltd.
19. Fuqing Minhua Trade Co., Ltd.
20. Fuqing Yihua Aquatic Food Co., Ltd.
21. Fuqing Yiyuan Trading Co., Ltd.
22. Guangdong Gourmet Aquatic Products Co., Ltd.
23. Guangdong Jinhang Foods Co., Ltd.
24. Guangdong Shunxin Sea Fishery Co., Ltd.
25. Guangdong Wanshida Holding Corp.
26. Guangdong Wanya Foods Fty. Co., Ltd.
27. Hai Li Aquatic Co., Ltd.
28. Hainan Brich Aquatic Products Co., Ltd.
29. Hainan Golden Spring Foods Co., Ltd.
30. Hainan Hailisheng Food Co., Ltd.
31. Hainan Xiangtai Fishery Co., Ltd.
32. Haizhou Aquatic Products Co., Ltd.
33. Hangzhou Tianhai Aquatic Products Co., Ltd.
34. Hilltop International
35. Hua Yang (Dalian) International Transportation Service Co.
36. Leizhou Beibuwan Sea Products Co., Ltd.
37. Longhai Gelin Seafoods Co., Ltd.
38. Longheng (Fuqing) Imp. & Exp. Co., Ltd.
39. Longsheng Aquatic Co., Ltd.
40. Maoming Xinzhou Seafood Co., Ltd.
41. Olanya (Germany) Ltd.
42. Qingdao Yuanqiang Foods Co., Ltd.
43. Rizhao Smart Foods Company Limited
44. Rizhao Xinghe Foodstuff Co., Ltd.
45. Rui'an Huasheng Aquatic Products Co., Ltd.
46. Savvy Seafood Inc.
47. Shandong Meijia Group Co., Ltd.
48. Shanghai Linghai Fisheries Trading Co., Ltd.
49. Shanghai Lingpu Aquatic Products Co., Ltd.
50. Shanghai Smiling Food Co., Ltd.
51. Shanghai Zhoulian Foods Co., Ltd.
52. Shantou Haiyou Aquatic Product Foodstuff Co., Ltd.
53. Shantou Jiazhou Foods Industry Co., Ltd.
54. Shantou Jin Cheng Food Co., Ltd.
55. Shantou Jintai Aquatic Product Industrial Co., Ltd.
56. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
57. Shantou Ruiyuan Industry Company Ltd.
58. Shantou Wanya Foods Fty. Co., Ltd.
59. Shantou Yuexing Enterprises Co.
60. Shenzen Allied Aquatic Produce Development Ltd.
61. Shenzhen Yudayuan Trade Ltd.
62. Thai Royal Frozen Food Zhanjiang Co., Ltd.
63. Xiamen Granda Import & Export Co., Ltd.
64. Yancheng Hi-king Agriculture Developing Co., Ltd.
65. Yanfeng Aquatic Product Foodstuff
66. Yangjiang Anyang Food Co., Ltd.
67. Yangjiang Wanshida Seafood Co., Ltd.
68. Yelin Enterprise Co., Ltd.
69. Zhangzhou Xinwanya Aquatic Product Co., Ltd.
70. Zhangzhou Yanfeng Aquatic Product
71. Zhanjiang Bo Bo Go Ocean Co., Ltd.
72. Zhanjiang Evergreen Aquatic Product Science and Technology Co.,
Ltd.
73. Zhanjiang Fuchang Aquatic Products Co., Ltd.
74. Zhanjiang Go Harvest Aquatic Products Co., Ltd.
75. Zhanjiang Haizhou Aquatic Product Co., Ltd.
76. Zhanjiang Hengrun Aquatic Co., Ltd.
77. Zhanjiang Jinguo Marine Foods Co., Ltd.
78. Zhanjiang Join Wealth Aquatic Products Co., Ltd.
79. Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
80. Zhanjiang Newpro Food Co., Ltd.
81. Zhanjiang Rainbow Aquatic Development
82. Zhanjiang Universal Seafood Corp.
83. Zhejiang Daishan Baofa Aquatic Products Co., Ltd.
84. Zhejiang Evernew Seafood Co., Ltd.
85. Zhejiang Xinwang Foodstuffs Co., Ltd.
86. Zhejiang Zhoufu Food Co., Ltd.
87. Zhoushan Corporation
88. Zhoushan Genho Food Co., Ltd.
89. Zhoushan Haiwang Seafood Co., Ltd.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy (``NME'') Country Status
4. Separate Rates
5. PRC-Wide Entity
6. Use of Facts Available and Adverse Facts Available
7. Application of Total Adverse Facts Available to the PRC-Wide
Entity
8. Selection of Adverse Facts Available Rate
9. Corroboration of Secondary Information
10. Preliminary Determination of No Shipments
11. Adjustment of Assessment Rate for Certain Shipments by Newpro
12. Conclusion
[FR Doc. 2014-06402 Filed 3-21-14; 8:45 am]
BILLING CODE 3510-DS-P
