Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 16843-16845 [2019-08270]
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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices
exporters of yarn from China, if we
make an affirmative preliminary
determination that sales at less than fair
value have been made by these same
producers/exporters at above de
minimis rates, we will instruct CBP to
suspend liquidation of all entries of
subject merchandise from these
producers/exporters that are entered, or
withdrawn from warehouse, for
consumption on or after the date that is
90 days prior to the effective date of
‘‘provisional measures’’ (e.g., the date of
publication in the Federal Register of
the notice of an affirmative preliminary
determination of sales at LTFV at above
de minimis rates). At such time, we will
also instruct CBP to require a cash
deposit equal to the estimated
preliminary dumping margins reflected
in the preliminary determination
published in the Federal Register. The
suspension of liquidation will remain in
effect until further notice.
These determinations are issued and
published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.206(c)(2).
Dated: April 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–08275 Filed 4–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–885, A–570–097]
Polyester Textured Yarn From India
and the People’s Republic of China:
Postponement of Preliminary
Determinations in the Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik at (202) 482–6905
(People’s Republic of China (China));
Katherine Johnson at (202) 482–4929
(India), AD/CVD Operations, VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
jbell on DSK3GLQ082PROD with NOTICES
AGENCY:
Background
On November 7, 2018, the Department
of Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of
imports of polyester textured yarn (yarn)
VerDate Sep<11>2014
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Jkt 247001
from India and China.1 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2
Currently, the preliminary
determinations of these LTFV
investigations are due no later than May
6, 2019.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating and
determines that (i) the investigation is
extraordinarily complicated, and that
(ii) additional time is necessary to make
a preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On March 29, 2019, the petitioners 3
submitted a timely request that
Commerce postpone the preliminary
determinations in these LTFV
investigations.4 The petitioners stated
that they requested postponement to
allow Commerce time to gather all data
and questionnaire responses and to
allow Commerce and interested parties
1 See Polyester Textured Yarn from India and the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigations, 83 FR 58223 (November
19, 2018) (Initiation Notice).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in these LTFV
investigations affected by the partial federal
government closure have been extended by 40 days.
If the new deadline falls on a non-business day, in
accordance with Commerce’s practice, the deadline
will become the next business day.
3 The petitioners are Unifi Manufacturing, Inc.
and Nan Ya Plastics Corporation, America.
4 See the Petitioners’ Letter, ‘‘Polyester Textured
Yarn from China and India—Petitioners’ Request to
Extend the Preliminary Antidumping Duty
Determinations,’’ dated March 29, 2019.
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16843
time to fully and properly analyze all
record evidence.5
In accordance with 19 CFR
351.205(e), the petitioners have stated
the reasons for requesting a
postponement of the preliminary
determinations, and Commerce finds no
compelling reason to deny the request.
Therefore, Commerce is postponing the
deadline for the preliminary
determinations by 50 days (i.e., 190
days after the date on which these
investigations were initiated, plus the
40 tolling days), in accordance with
section 733(c)(1)(A) of the Act. As a
result, Commerce will issue its
preliminary determinations no later
than June 25, 2019. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations,
unless postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: April 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–08133 Filed 4–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain frozen warmwater shrimp
(shrimp) from India is being, or is likely
to be, sold in the United States at less
than normal value during the period of
review (POR) February 1, 2017, through
January 31, 2018.
DATES: Applicable April 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Manuel Rey or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5518 or (202) 482–3860,
respectively.
AGENCY:
5 Id.
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23APN1
16844
Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices
and for customs purposes, the written
product description remains dispositive.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on shrimp from
India. The review covers six producers
and/or exporters of the subject
merchandise. Commerce selected two
mandatory respondents for individual
examination: Calcutta Seafoods Pvt.
Ltd./Bay Seafood Pvt. Ltd./Elque & Co.
(collectively, the Elque Group); and
Magnum Sea Foods Limited/Magnum
Estates Limited (collectively, Magnum).
The POR is February 1, 2017, through
January 31, 2018.
We preliminarily determine that sales
to the United States have been made
below normal value and, therefore, are
subject to antidumping duties. If these
preliminary results are adopted in the
final results of this review, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries. We
invite all interested parties to comment
on these preliminary results.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.1 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
the preliminary results of this review is
now April 9, 2019.
Scope of the Order
jbell on DSK3GLQ082PROD with NOTICES
The merchandise subject to the order
is certain frozen warmwater shrimp.2
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
1 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
2 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2017–2018
Administrative Review of the Antidumping Duty
Order on Certain Frozen Warmwater Shrimp from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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17:49 Apr 22, 2019
Jkt 247001
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
Because the Elque Group did not
provide useable cost data, we
preliminarily determine to apply
adverse facts available (AFA) to this
respondent, in accordance with sections
776(a) and (b) of the Act and 19 CFR
351.308. For a full discussion of the
rationale underlying our preliminary
results, see the Preliminary Decision
Memorandum.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 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 https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached at the Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that weightedaverage dumping margins exist for the
respondents for the period February 1,
2017, through January 31, 2018, as
follows:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Calcutta Seafoods Pvt. Ltd./Bay
Seafood Pvt. Ltd./Elque & Co.
Magnum Sea Foods Limited/
Magnum Estates Limited ........
110.90
1.87
Review-Specific Average Rate
Applicable to the Following
Companies: 3
3 This rate is based on the rates for the
respondents that were selected for individual
PO 00000
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Fmt 4703
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Exporter/producer
Weightedaverage
dumping
margin
(percent)
Blue-Fin Frozen Foods Pvt. Ltd
Crystal Sea Foods Private Limited ..........................................
Forstar Frozen Foods Pvt. Ltd ...
Milsha Agro Exports Pvt. Ltd ......
1.87
1.87
1.87
1.87
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.4
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.5
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.6 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.7
Case and rebuttal briefs should be filed
using ACCESS.8
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.9
Hearing 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 issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.10
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
4 See 19 CFR 351.224(b).
5 See 19 CFR 351.309(c).
6 See 19 CFR 351.309(d).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.303.
9 See 19 CFR 351.310(c).
10 Id.
E:\FR\FM\23APN1.SGM
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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices
of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.11 We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review. Where assessments are
based upon total facts available,
including AFA, we will instruct CBP to
assess duties at the AFA margin rate.
Pursuant to 19 CFR 351.212(b)(1),
because Magnum reported the entered
value for all of its U.S. sales, we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the sales for
which entered value was reported.
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 12 of the cash deposit rates
calculated for the companies selected
for mandatory review (i.e., the Elque
Group and Magnum), excluding any
which are de minimis or determined
entirely on adverse facts available. The
final results of this review shall be the
basis for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.13
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
jbell on DSK3GLQ082PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
11 See
19 CFR 351.212(b)(1).
rate will be calculated as discussed in the
‘‘Preliminary Results of the Review’’ section, above.
13 See section 751(a)(2)(C) of the Act.
12 This
VerDate Sep<11>2014
17:49 Apr 22, 2019
Jkt 247001
16845
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 10.17
percent, the all-others rate made
effective by the LTFV investigation.14
These deposit requirements, when
imposed, shall remain in effect until
further notice.
D. Selection and Corroboration of Adverse
Facts Available Rate
6. Discussion of the Methodology
Normal Value Comparisons
A. Determination of Comparison Method
B. Results of Differential Pricing Analysis
Magnum
Product Comparisons
Export Price
Normal Value
A. Home Market Viability and Comparison
Market
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of Normal Value Based on
Comparison Market Prices
E. Calculation of Normal Value Based on
Constructed Value
Currency Conversion
Recommendation
Notification to Importers
DEPARTMENT OF COMMERCE
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
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.
[FR Doc. 2019–08270 Filed 4–22–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–508–812]
Magnesium From Israel:
Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Dated: April 9, 2019.
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.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen at (202) 482–3683, or
Minoo Hatten at (202) 482–1690, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Appendix
Background
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Affiliation and Collapsing
A. Legal Framework
B. Affiliation and Single Entity Analysis
5. Application of Facts Available and Use of
Adverse Inference
A. Legal Framework
B. Use of Facts Otherwise Available
C. Application of Facts Available With an
Adverse Inference
On November 13, 2018, the
Department of Commerce (Commerce)
initiated the less-than-fair-value (LTFV)
investigation of imports of magnesium
from Israel.1 Commerce exercised its
discretion to toll all deadlines affected
by the closure of the Federal
Government from December 22, 2018,
through January 28, 2019.2 Accordingly,
the revised deadline for the preliminary
14 See Notice of Amended Final Determination of
Sale at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147 (February 1, 2005).
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Fmt 4703
Sfmt 4703
AGENCY:
1 See Magnesium From Israel: Initiation of LessThan-Fair-Value Investigation, 83 FR 58533
(November 20, 2018) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
E:\FR\FM\23APN1.SGM
23APN1
]]>Agencies
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16843-16845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08270]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Preliminary Results
of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain frozen warmwater shrimp (shrimp) from India is being, or
is likely to be, sold in the United States at less than normal value
during the period of review (POR) February 1, 2017, through January 31,
2018.
DATES: Applicable April 23, 2019.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5518 or (202) 482-3860,
respectively.
[[Page 16844]]
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on shrimp from India. The review covers six producers and/or
exporters of the subject merchandise. Commerce selected two mandatory
respondents for individual examination: Calcutta Seafoods Pvt. Ltd./Bay
Seafood Pvt. Ltd./Elque & Co. (collectively, the Elque Group); and
Magnum Sea Foods Limited/Magnum Estates Limited (collectively, Magnum).
The POR is February 1, 2017, through January 31, 2018.
We preliminarily determine that sales to the United States have
been made below normal value and, therefore, are subject to antidumping
duties. If these preliminary results are adopted in the final results
of this review, we will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. We
invite all interested parties to comment on these preliminary results.
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\1\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. Accordingly,
the revised deadline for the preliminary results of this review is now
April 9, 2019.
---------------------------------------------------------------------------
\1\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp.\2\ 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 remains dispositive.
---------------------------------------------------------------------------
\2\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Administrative Review of the Antidumping Duty Order on
Certain Frozen Warmwater Shrimp from India,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
is calculated in accordance with section 773 of the Act. Because the
Elque Group did not provide useable cost data, we preliminarily
determine to apply adverse facts available (AFA) to this respondent, in
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308.
For a full discussion of the rationale underlying our preliminary
results, see the Preliminary Decision Memorandum.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 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 https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached at the Appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that
weighted-average dumping margins exist for the respondents for the
period February 1, 2017, through January 31, 2018, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & 110.90
Co.........................................................
Magnum Sea Foods Limited/Magnum Estates Limited............. 1.87
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\3\
---------------------------------------------------------------------------
\3\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Blue-Fin Frozen Foods Pvt. Ltd.............................. 1.87
Crystal Sea Foods Private Limited........................... 1.87
Forstar Frozen Foods Pvt. Ltd............................... 1.87
Milsha Agro Exports Pvt. Ltd................................ 1.87
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\4\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\5\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\6\ 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.\7\ Case and rebuttal
briefs should be filed using ACCESS.\8\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\9\ Hearing 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 issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\10\
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\9\ See 19 CFR 351.310(c).
\10\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date
[[Page 16845]]
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\11\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Where assessments are based upon total facts available, including AFA,
we will instruct CBP to assess duties at the AFA margin rate.
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\11\ See 19 CFR 351.212(b)(1).
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Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the
entered value for all of its U.S. sales, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of the sales for which entered value was
reported. Where either the respondent's weighted-average dumping margin
is zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \12\ of the cash
deposit rates calculated for the companies selected for mandatory
review (i.e., the Elque Group and Magnum), excluding any which are de
minimis or determined entirely on adverse facts available. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\13\
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\12\ This rate will be calculated as discussed in the
``Preliminary Results of the Review'' section, above.
\13\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
reviewed or investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 10.17 percent, the
all-others rate made effective by the LTFV investigation.\14\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Notice of Amended Final Determination of Sale at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147 (February 1, 2005).
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Notification to Importers
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 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: April 9, 2019.
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
1. Summary
2. Background
3. Scope of the Order
4. Affiliation and Collapsing
A. Legal Framework
B. Affiliation and Single Entity Analysis
5. Application of Facts Available and Use of Adverse Inference
A. Legal Framework
B. Use of Facts Otherwise Available
C. Application of Facts Available With an Adverse Inference
D. Selection and Corroboration of Adverse Facts Available Rate
6. Discussion of the Methodology
Normal Value Comparisons
A. Determination of Comparison Method
B. Results of Differential Pricing Analysis
Magnum
Product Comparisons
Export Price
Normal Value
A. Home Market Viability and Comparison Market
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of Normal Value Based on Comparison Market Prices
E. Calculation of Normal Value Based on Constructed Value
Currency Conversion
Recommendation
[FR Doc. 2019-08270 Filed 4-22-19; 8:45 am]
BILLING CODE 3510-DS-P
