Certain Frozen Warmwater Shrimp From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2015-2016, 29530-29531 [2016-11239]

Download as PDF 29530 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices minimis, or an importer-(or customer-) specific ad valorem assessment rate is zero or de minimis,16 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For Feidong and Ningbo Afa, the respondents which were not selected for individual examination in this administrative review and which qualified for a separate rate, the assessment rate will be equal to the rate calculated for the mandatory respondent in this review (i.e., 1.65 percent).17 For the final results, if we continue to treat the non-responding mandatory respondents B&R Industries, Newecan, and Superte, as part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.45 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales database submitted by the company individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if we continue to find that Kehuaxing had no shipments of the subject merchandise, any suspended entries of subject merchandise from Kehuaxing will be liquidated at the PRC-wide rate.18 asabaliauskas on DSK3SPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters that received a separate rate in a prior segment of this 16 See 19 CFR 351.106(c)(2). Drawn Stainless Steel Sinks from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 80 FR 26227, 26228 (May 7, 2015); unchanged in Drawn Stainless Steel Sinks From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012–2014, 80 FR 69644 (November 10, 2015). 18 For a full discussion of this practice, see NME AD Assessment. 17 See VerDate Sep<11>2014 17:02 May 11, 2016 Jkt 238001 proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity, which is 76.45 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 2. Results of the Differential Pricing Analysis 3. Export Price 4. VAT 5. Normal Value H. Factor Valuation Methodology I. Adjustment Under Section 777A(f) of the Act J. Currency Conversion V. Conclusion Notification to Importers [A–570–893] This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/ or countervailing 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 and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213. Certain Frozen Warmwater Shrimp From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2015–2016 Dated: May 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Preliminary Determination of No Shipments B. Non-Market Economy Country Status C. Separate Rates Determination 1. Absence of De Jure Control 2. Absence of De Facto Control 3. Separate Rate for Non-Selected Companies D. Companies Preliminarily Considered Part of the PRC-Wide Entity 1. B&R Industries, Newecan, and Superte 2. Shunde Foodstuffs, Franke, Grand Hill, Heng’s Industries, Hongmao, J&C Industries, MingHao, Ningbo Oulin, and Zoje E. Surrogate Country 1. Economic Comparability 2. Significant Producer of Comparable Merchandise 3. Data Availability F. Date of Sale G. Comparisons to Normal Value 1. Determination of Comparison Method PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 [FR Doc. 2016–11249 Filed 5–11–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is rescinding the administrative review of the antidumping duty order on certain frozen warmwater shrimp (‘‘shrimp’’) from the People’s Republic of China (‘‘PRC’’) for the period February 1, 2015 through January 31, 2016. DATES: Effective Date: May 12, 2016. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 7, 2016, based on a timely request for review on behalf of the Ad Hoc Shrimp Trade Action Committee (‘‘Petitioner’’) 1 and the American Shrimp Processors Association (‘‘Domestic Processors’’),2 the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on shrimp from 1 See Letter to the Secretary of Commerce from the Ad Hoc Shrimp Trade Action Committee (‘‘AHSTAC’’) ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Request for Administrative Reviews’’ (February 24, 2016). 2 See Letter to the Secretary of Commerce from the American Shrimp Processors Association (‘‘ASPA’’) ‘‘Administrative Review of the Antidumping Duty Order Covering Frozen Warmwater Shrimp from the People’s Republic of China (POR 11: 02/01/15–01/31/16): American Shrimp Processors Association’s Request for an Administrative Review’’ (February 29, 2016). E:\FR\FM\12MYN1.SGM 12MYN1 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices the PRC covering the period February 1, 2015, through January 31, 2016.3 The review covers 74 companies. On April 18, 2016, and April 25, 2016, Petitioner and Domestic Processors withdrew their requests for an administrative review on all companies listed in the Initiation Notice.4 No other party requested a review of these companies or any other exporters of subject merchandise. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. In this case, Petitioner and Domestic Processors timely withdrew their request by the 90-day deadline, and no other party requested an administrative review of the antidumping duty order. As a result, pursuant to 19 CFR 351.213(d)(1), we are rescinding the administrative review of the antidumping order on shrimp from the PRC for the period February 1, 2015, through January 31, 2016, in its entirety. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register, if appropriate. asabaliauskas on DSK3SPTVN1PROD with NOTICES Notifications This notice serves as a final 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 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (‘‘Initiation Notice’’). 4 See Letter to the Secretary of Commerce from Petitioner ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Domestic Producers’ Withdrawal of Review Requests’’ (April 18, 2016); Letter to the Secretary of Commerce from Domestic Processors ‘‘Administrative Review of Antidumping Duty Order Covering Certain Frozen Warmwater Shrimp From the People’s Republic of China: Withdrawal of Review Request on Behalf of the American Shrimp Processors Association’’ (April 25, 2016). VerDate Sep<11>2014 17:02 May 11, 2016 Jkt 238001 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 the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 4, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–11239 Filed 5–11–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–033] Large Residential Washers From the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: May 12, 2016. FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482–4136 or Brian Smith at (202) 482–1766, Office II, AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 5, 2016, the Department of Commerce (the Department) initiated the antidumping duty investigation of large residential washers (washing machines) from the People’s Republic of PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 29531 China (PRC).1 The notice of initiation stated that the Department, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), would issue its preliminary determination for this investigation, unless postponed, no later than 140 days after the date of the initiation. As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government.2 All deadlines in this investigation have been extended by four business days.3 The revised deadline for the preliminary determination of this antidumping duty investigation is currently May 31, 2016.4 Period of Investigation The period of investigation is April 1, 2015, through September 30, 2015. Postponement of Preliminary Determination Section 733(c)(1)(A) of the Act permits the Department to postpone the time limit for the preliminary determination if it receives a timely request from the petitioner for postponement. The Department may postpone the preliminary determination under section 733(c)(1) of the Act no later than 190 days after the date on which the administering authority initiates an investigation. On May 2, 2016, Whirlpool Corporation (the petitioner), made a timely request pursuant to section 733(c)(1) of the Act, 19 U.S.C. 1673(c)(1) and 19 CFR 351.205(e) for a 50-day postponement of the preliminary determination in this investigation.5 The petitioner stated that a postponement is necessary given the unprecedented number of factors of production that need to be accurately classified and valued, and the amount of 1 See Large Residential Washers From the People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 81 FR 1398 (January 12, 2016). 2 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement and Compliance, ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas’’ (January 27, 2016). 3 Id. 4 Where the deadline falls on a weekend/holiday, the appropriate date is the next business day. Because the deadline for the preliminary determination of this antidumping duty investigation is Monday, May 30, 2016, a federal holiday, the appropriate date is the next business day, Tuesday, May 31, 2016. 5 See Letter from the petitioner, ‘‘Large Residential Washers from the People’s Republic of China: Petitioner’s Request for Extension of the Preliminary Determination’’ (May 2, 2016). E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29530-29531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11239]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (``the Department'') is rescinding 
the administrative review of the antidumping duty order on certain 
frozen warmwater shrimp (``shrimp'') from the People's Republic of 
China (``PRC'') for the period February 1, 2015 through January 31, 
2016.

DATES: Effective Date: May 12, 2016.

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

SUPPLEMENTARY INFORMATION: 

Background

    On April 7, 2016, based on a timely request for review on behalf of 
the Ad Hoc Shrimp Trade Action Committee (``Petitioner'') \1\ and the 
American Shrimp Processors Association (``Domestic Processors''),\2\ 
the Department published in the Federal Register a notice of initiation 
of an administrative review of the antidumping duty order on shrimp 
from

[[Page 29531]]

the PRC covering the period February 1, 2015, through January 31, 
2016.\3\ The review covers 74 companies. On April 18, 2016, and April 
25, 2016, Petitioner and Domestic Processors withdrew their requests 
for an administrative review on all companies listed in the Initiation 
Notice.\4\ No other party requested a review of these companies or any 
other exporters of subject merchandise.
---------------------------------------------------------------------------

    \1\ See Letter to the Secretary of Commerce from the Ad Hoc 
Shrimp Trade Action Committee (``AHSTAC'') ``Certain Frozen 
Warmwater Shrimp from the People's Republic of China: Request for 
Administrative Reviews'' (February 24, 2016).
    \2\ See Letter to the Secretary of Commerce from the American 
Shrimp Processors Association (``ASPA'') ``Administrative Review of 
the Antidumping Duty Order Covering Frozen Warmwater Shrimp from the 
People's Republic of China (POR 11: 02/01/15-01/31/16): American 
Shrimp Processors Association's Request for an Administrative 
Review'' (February 29, 2016).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation 
Notice'').
    \4\ See Letter to the Secretary of Commerce from Petitioner 
``Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Domestic Producers' Withdrawal of Review Requests'' (April 
18, 2016); Letter to the Secretary of Commerce from Domestic 
Processors ``Administrative Review of Antidumping Duty Order 
Covering Certain Frozen Warmwater Shrimp From the People's Republic 
of China: Withdrawal of Review Request on Behalf of the American 
Shrimp Processors Association'' (April 25, 2016).
---------------------------------------------------------------------------

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. In this case, 
Petitioner and Domestic Processors timely withdrew their request by the 
90-day deadline, and no other party requested an administrative review 
of the antidumping duty order. As a result, pursuant to 19 CFR 
351.213(d)(1), we are rescinding the administrative review of the 
antidumping order on shrimp from the PRC for the period February 1, 
2015, through January 31, 2016, in its entirety.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. 
Because the Department is rescinding this administrative review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed antidumping duties at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of this 
notice in the Federal Register, if appropriate.

Notifications

    This notice serves as a final 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 the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: May 4, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-11239 Filed 5-11-16; 8:45 am]
BILLING CODE 3510-DS-P
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