Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 15949-15951 [2014-06402]

Download as PDF 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publication of the notice of final results of administrative review for all shipments of SSB from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Villares will be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). VerDate Mar<15>2010 14:29 Mar 21, 2014 Jkt 232001 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: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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. E:\FR\FM\24MRN1.SGM 24MRN1 15950 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. VerDate Mar<15>2010 14:29 Mar 21, 2014 Jkt 232001 Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// 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 http:// 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 (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). VerDate Mar<15>2010 14:29 Mar 21, 2014 Jkt 232001 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 24MRN1

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]


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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\
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    \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\
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    \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 http://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 http://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       112.81 percent.
 International and Zhanjiang Newpro
 Foods Co., Ltd.).\6\
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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