Certain Frozen Warmwater Shrimp From India and Thailand: Notice of Initiation of Antidumping Duty Administrative Reviews, 20351-20365 [2016-08007]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20351-20365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08007]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840, A-549-822]


Certain Frozen Warmwater Shrimp From India and Thailand: Notice 
of Initiation of Antidumping Duty Administrative Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) received requests 
to conduct administrative reviews of the antidumping duty (AD) orders 
on certain frozen warmwater shrimp (shrimp) from India and Thailand for 
the period February 1, 2015 through January 31, 2016. The anniversary 
month of these orders is February. In accordance with the Department's 
regulations, we are initiating these administrative reviews.

DATES: Effective: April 7, 2016.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse at (202) 482-6345 
(India) and Dennis McClure (202) 482-5973 (Thailand), AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    During the anniversary month of February 2016, the Department 
received timely requests, in accordance with 19 CFR 351.213(b), for 
administrative reviews of the AD orders on shrimp from India and 
Thailand from the Ad Hoc Shrimp Trade Action Committee (hereinafter, 
AHSTAC), the American Shrimp Processors Association (ASPA), and certain 
individual companies.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by the Department discussed 
below refer to the number of calendar days from the applicable starting 
time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (POR), it must 
notify the Department within 60 days of publication of this notice in 
the Federal Register. All submissions must be filed electronically at 
https://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such 
submissions are subject to verification in accordance with section 
782(i) of the Tariff Act of 1930, as amended (the Act). Further, in 
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every 
party on the Department's service list.
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    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination in the administrative review of the AD orders on 
shrimp from India and Thailand, the Department intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports during the POR. We intend to release the CBP data under 
Administrative Protective Order (APO) to all parties having an APO 
within seven days of publication of this initiation notice and to make 
our decision regarding respondent selection within 21 days of 
publication of this Federal Register notice. The Department invites 
comments regarding the CBP data and respondent selection within five 
days of placement of the CBP data on the record of the applicable 
review. Rebuttal comments will be due five days after submission of 
initial comments.
    In general, the Department has found that determinations concerning 
whether particular companies should be ``collapsed'' (i.e., treated as 
a single entity for purposes of calculating antidumping duty rates) 
require a substantial amount of detailed information and analysis, 
which often require follow-up questions and analysis. Accordingly, the 
Department will not collapse companies at the respondent selection 
phase unless there has been a determination to collapse certain 
companies in a previous segment of these antidumping proceedings (i.e., 
investigation, administrative review, or changed circumstances review). 
For any company subject to these reviews, if the Department determined, 
or continued to treat, that company as collapsed with others, the 
Department will assume that such companies continue to operate in the 
same manner and will collapse them for respondent selection purposes. 
Parties are requested to (a) identify which companies subject to review 
previously were collapsed, and (b) provide a citation to the proceeding 
in which they were collapsed.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a 
review may withdraw that request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
regulation provides that the Department may extend this time if it is 
reasonable to do so. In order to provide parties additional certainty 
with respect to when the Department will exercise its discretion to 
extend this 90-day deadline, interested parties are advised that the 
Department does not intend to extend the 90-day deadline unless the 
requestor demonstrates that an extraordinary circumstance has

[[Page 20352]]

prevented it from submitting a timely withdrawal request. 
Determinations by the Department to extend the 90-day deadline will be 
made on a case-by-case basis.

Requests for Reviews of Non-Shrimp Producers/Exporters

    In the 2011-2012 administrative review of shrimp from Thailand, the 
Department found that Kosamut Frozen Foods Co., Ltd. (Kosamut) and 
Tanaya International Co., Ltd./Tanaya Intl (collectively, Tanaya) were 
neither exporters nor producers of the subject merchandise, as defined 
in 19 CFR 351.213(b) and 351.102(b)(29)(i). Accordingly, we rescinded 
the review for these companies, pursuant to 19 CFR 351.213(d)(3).\2\ 
Therefore, despite the fact that ASPA again requested a review of these 
companies, based upon that determination, we are not initiating an 
administrative review with respect to Kosamut or Tanaya for the current 
POR absent specific information that the companies at issue are 
exporters or producers of the subject merchandise.
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    \2\ See Certain Frozen Warmwater Shrimp From Thailand: Final 
Results of Antidumping Duty Administrative Review, Partial 
Rescission of Review, and Revocation of Order (in Part); 2011-2012, 
78 FR 42497, 42498-42499 (July 16, 2013) (2011-2012 Thai Shrimp).
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    In the 2013-2014 administrative review of shrimp from Thailand, the 
Department did not initiate a review with respect to GSE Lining 
Technology Co., Ltd. because the company neither produced nor exported 
shrimp.\3\ Therefore, despite the fact that ASPA again requested a 
review of this company, we are not initiating an administrative review 
with respect to it for the current POR absent specific information that 
it is an exporter or producer of the subject merchandise.
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    \3\ See Certain Frozen Warmwater Shrimp From India and Thailand: 
Notice of Initiation of Antidumping Duty Administrative Reviews, 79 
FR 18510 (April 2, 2014).
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Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the antidumping duty orders on shrimp from 
India and Thailand. We intend to issue the final results of these 
reviews not later than February 28, 2017.

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Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305. On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to 
the administrative reviews included in this notice of initiation. 
Parties wishing to participate in either of these administrative 
reviews should ensure that they meet the requirements of these 
procedures (e.g., the filing of separate letters of appearance as 
discussed at 19 CFR 351.103(d)).

Revised Factual Information Requirements

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
The definition of factual information (19 CFR 351.102(b)(21)), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) other data or statements of facts; (iv) 
evidence placed on the record by the Department; and (v) evidence other 
than factual information described in (i) through (iv). The final rule 
requires any party, when submitting factual information, to specify 
under which subsection of 19 CFR 351.102(b)(21) the information is 
being submitted and, if the information is submitted to rebut, clarify, 
or correct factual information already on the record, to provide an 
explanation identifying the information already on the record that the 
factual information seeks to rebut, clarify, or correct. The final rule 
also modified 19 CFR 351.301 so that, rather than providing general 
time limits, there are specific time limits based on the type of 
factual information being submitted. These modifications are effective 
for all segments initiated on or after May 10, 2013. Please review the 
final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these 
segments.
    Any party submitting factual information in an antidumping duty 
proceeding must certify to the accuracy and completeness of that 
information.\91\ Parties are hereby reminded that revised certification 
requirements are in effect for company/government officials as well as 
their representatives. All segments of any antidumping duty proceedings 
initiated on or after August 16, 2013, should use the formats for the 
revised certifications provided at the end of the Final Rule.\92\ The 
Department intends to reject factual submissions in these 
administrative reviews if the submitting party does not comply with 
applicable revised certification requirements.
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    \91\ See section 782(b) of the Act.
    \92\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at: 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in antidumping 
duty proceedings.\93\ The modification clarifies that parties may 
request an extension of time limits before a time limit established 
under Part 351 expires, or as otherwise specified by the Secretary. In 
general, an extension request will be considered untimely if it is 
filed after the time limit established under part 351 expires. For 
submissions which are due from multiple parties simultaneously, an 
extension request will be considered untimely if it is filed after 
10:00 a.m. on the due date. Examples include, but are not limited to: 
(1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) 
submissions containing rebuttal, clarification and correction filed 
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning CBP data; 
and (4) quantity and value questionnaire responses. Under certain 
circumstances, the Department may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, the Department will inform parties in the letter or memorandum 
setting forth the deadline (including a specified time) by which 
extension requests must be filed to be considered timely. This 
modification also requires that an extension request must be made in a 
separate, stand-alone submission, and clarifies the circumstances under 
which the Department will grant untimely-filed requests for the 
extension of time limits. These modifications are effective for all 
segments initiated on or after October 21, 2013. Please review the 
Final Rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these 
administrative reviews.
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    \93\ See Extension of Time Limits: Final Rule, 78 FR 57790 
(September 20, 2013).
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    These initiations and this notice are in accordance with section 
751(a) of the Act and 19 CFR 351.221(c)(1)(i).

    Dated: April 1, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2016-08007 Filed 4-6-16; 8:45 am]
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