Certain Frozen Warmwater Shrimp From People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2017-2018, 31727-31728 [2018-14611]

Download as PDF Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 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 Commerce’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: July 3, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the 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. Allegation of a Particular Market Situation V. Comparisons to Normal Value VI. Product Comparisons VII. Date of Sale VIII. Export Price IX. Normal Value X. Currency Conversion XI. Recommendation [FR Doc. 2018–14670 Filed 7–6–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Certain Frozen Warmwater Shrimp From People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from the People’s Republic of China (China) for the period of review (POR) February 1, 2017, through January 31, 2018. DATES: Applicable July 9, 2018. FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3539 or (202) 482–2593, respectively. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 SUPPLEMENTARY INFORMATION: Rescission of Review Background On February 1, 2018, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the AD order on shrimp from China for the period February 1, 2017, through January 31, 2018.1 On February 22, 2018, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Ad Hoc Shrimp Trade Action Committee (the petitioner) timely requested a review of the AD order with respect to 55 companies.2 On February 27, 2018, the American Shrimp Processors Association (Domestic Processors) requested a review of the AD order with respect 93 companies.3 On April 16, 2018, in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the AD order on shrimp from China with respect to these companies.4 On June 4, 2018, the petitioner timely withdrew its request for an administrative review of 55 companies listed in the Initiation Notice.5 On June 5, 2018, Domestic Processors partially withdrew their request for an administrative review with respect to Fuqing Dongwei Aquatic Products Ind.6 On June 15, 2018, Domestic Processors timely withdrew their request for an administrative review with respect to all of the remaining companies listed in the Initiation Notice.7 No other party requested a review. Pursuant to 19 CFR 351.213(d)(1), Commerce 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 date of the notice of initiation of the requested review. The petitioner and Domestic Processors withdrew their requests for review within the 90-day deadline. Because Commerce received no other requests for review of the abovereferenced companies, and no other requests were made for a review of the AD order on shrimp from China with respect to other companies, we are rescinding the administrative review covering the period February 1, 2017, through January 31, 2018, in full, in accordance with 19 CFR 351.213(d)(1). 1 See [A–570–893] 18:00 Jul 06, 2018 Jkt 244001 31727 Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 4639 (February 1, 2018). 2 See Petitioner’s request for administrative review, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Request for Antidumping Duty Administrative Review,’’ dated February 22, 2018 (Petitioner’s Review Request). 3 See Domestic Processors’ request for administrative review, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Request for Antidumping Duty Administrative Review,’’ dated February 27, 2018 (Domestic Processors’ Review Request). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation Notice). 5 See Petitioner’s withdrawal of administrative review request, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China: Domestic Producers’ Withdrawal of Review Requests,’’ dated June 4, 2018. 6 See Domestic Processors’ partial withdrawal of administrative review request, ‘‘Administrative Review of the Antidumping Duty Order Covering Frozen Warmwater Shrimp from the People’s Republic of China (POR 13: 02/01/17–01/31/18): American Shrimp Processors Association’s Partial Withdrawal of Review Request—Fuqing Dongwei Aquatic Products Ind.,’’ dated June 5, 2018. 7 See Domestic Processors’ withdrawal of administrative review request, ‘‘Administrative Review of the Antidumping Duty Order Covering PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of shrimp from China during the POR at rates equal to the cash deposit rate for 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). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business Frozen Warmwater Shrimp from the People’s Republic of China (POR 13: 02/01/17–01/31/18): American Shrimp Processors Association’s Withdrawal of Review Request in its Entirety,’’ dated June 18, 2018. E:\FR\FM\09JYN1.SGM 09JYN1 31728 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 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 the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: June 29, 2018. Scot Fullerton, Director, Office VI, Antidumping and Countervailing Duty Operations. [FR Doc. 2018–14611 Filed 7–6–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–836] Rubber Bands From Thailand: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of rubber bands from Thailand for the period of investigation of January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable July 9, 2018. FOR FURTHER INFORMATION CONTACT: Emily Halle or Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202–482–0176 or 202–482–6386, respectively. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On February 20, 2018, we initiated a countervailing duty (CVD) investigation of rubber bands from Thailand.1 On April 12, 2018, in 1 See Rubber Bands from Thailand, the People’s Republic of China, and Sri Lanka: Initiation of VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 accordance with section 703(c)(1)(A) of the Act, we postponed the preliminary determination of this investigation to July 2, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as an Appendix to 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 (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. final CVD determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of rubber bands based on a request made by the petitioner.5 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than November 13, 2018, unless postponed.6 Scope of the Investigation The products subject to this investigation are rubber bands from Thailand. For a complete description of the scope of this investigation, see Appendix I. 0.37 (de minimis). Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.4 Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are aligning the Countervailing Duty Investigations, 83 FR 8429 (February 27, 2018) (Initiation Notice). 2 See Rubber Bands from Thailand and the People’s Republic of China: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 83 FR 15789 (April 12, 2018). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination of Citric Acid and Certain Citrate Salts from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Preliminary Determination For this preliminary determination, Commerce calculated de minimis estimated countervailable subsidies for all individually examined producers/ exporters of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, Commerce has disregarded the de minimis rates. Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Liang Hah Heng International Rubber Co., Ltd. U. Yong Industry Co., Ltd. Subsidy rate (percent) 0.23 (de minimis). Consistent with section 703(d) of the Act, Commerce has not calculated an estimated weighted-average subsidy rate for all other producers/exporters because it has not made an affirmative preliminary determination. Suspension of Liquidation Because Commerce preliminarily determines that no countervailable subsidies are being provided to the production or exportation of subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation of any such entries. 5 The petitioner in this investigation is Alliance Rubber Co. See Letter from the petitioner, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Rubber Bands from Thailand and China—Petitioner’s Request for Postponement of the Preliminary Determinations,’’ dated March 27, 2018. 6 The AD preliminary determination was postponed to no later than August 29, 2018, see Rubber Bands from the People’s Republic of China and Thailand: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 83 FR 29748 (June 26, 2018). Therefore, the AD final determination is currently due for signature no later than Monday, November 12, 2018, which is a federal holiday. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day (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). As such, the AD final determination signature date rolls to Tuesday, November 13, 2018. E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31727-31728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14611]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From People's Republic of China: 
Rescission of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on certain 
frozen warmwater shrimp (shrimp) from the People's Republic of China 
(China) for the period of review (POR) February 1, 2017, through 
January 31, 2018.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Kabir Archuletta, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3539 or (202) 
482-2593, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on shrimp from China for the period February 1, 2017, through 
January 31, 2018.\1\ On February 22, 2018, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.213(b), the Ad Hoc Shrimp Trade Action Committee (the petitioner) 
timely requested a review of the AD order with respect to 55 
companies.\2\ On February 27, 2018, the American Shrimp Processors 
Association (Domestic Processors) requested a review of the AD order 
with respect 93 companies.\3\ On April 16, 2018, in accordance with 
section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), Commerce 
initiated an administrative review of the AD order on shrimp from China 
with respect to these companies.\4\ On June 4, 2018, the petitioner 
timely withdrew its request for an administrative review of 55 
companies listed in the Initiation Notice.\5\ On June 5, 2018, Domestic 
Processors partially withdrew their request for an administrative 
review with respect to Fuqing Dongwei Aquatic Products Ind.\6\ On June 
15, 2018, Domestic Processors timely withdrew their request for an 
administrative review with respect to all of the remaining companies 
listed in the Initiation Notice.\7\ No other party requested a review.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 4639 (February 1, 2018).
    \2\ See Petitioner's request for administrative review, 
``Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Request for Antidumping Duty Administrative Review,'' dated 
February 22, 2018 (Petitioner's Review Request).
    \3\ See Domestic Processors' request for administrative review, 
``Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Request for Antidumping Duty Administrative Review,'' dated 
February 27, 2018 (Domestic Processors' Review Request).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
    \5\ See Petitioner's withdrawal of administrative review 
request, ``Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Domestic Producers' Withdrawal of Review 
Requests,'' dated June 4, 2018.
    \6\ See Domestic Processors' partial withdrawal of 
administrative review request, ``Administrative Review of the 
Antidumping Duty Order Covering Frozen Warmwater Shrimp from the 
People's Republic of China (POR 13: 02/01/17-01/31/18): American 
Shrimp Processors Association's Partial Withdrawal of Review 
Request--Fuqing Dongwei Aquatic Products Ind.,'' dated June 5, 2018.
    \7\ See Domestic Processors' withdrawal of administrative review 
request, ``Administrative Review of the Antidumping Duty Order 
Covering Frozen Warmwater Shrimp from the People's Republic of China 
(POR 13: 02/01/17-01/31/18): American Shrimp Processors 
Association's Withdrawal of Review Request in its Entirety,'' dated 
June 18, 2018.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce 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 date 
of the notice of initiation of the requested review. The petitioner and 
Domestic Processors withdrew their requests for review within the 90-
day deadline. Because Commerce received no other requests for review of 
the above-referenced companies, and no other requests were made for a 
review of the AD order on shrimp from China with respect to other 
companies, we are rescinding the administrative review covering the 
period February 1, 2017, through January 31, 2018, in full, in 
accordance with 19 CFR 351.213(d)(1).

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries of shrimp from 
China during the POR at rates equal to the cash deposit rate for 
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). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice in the 
Federal Register.

Notification to Importers

    This notice serves as the only 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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business

[[Page 31728]]

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 the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: June 29, 2018.
Scot Fullerton,
Director, Office VI, Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-14611 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P