Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2017-2018, 57847-57848 [2019-23534]

Download as PDF 57847 Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with section 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4.). Dated: October 24, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–23577 Filed 10–28–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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. AGENCY: On April 23, 2019, Commerce published the Preliminary Results.1 On May 22 and 23, 2019, we received case briefs from the Elque Group and Magnum, respectively. On May 28, 2019, we received a rebuttal brief from the petitioner.2 Scope of the Order Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the entered value for all its U.S. sales, we calculated 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. To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importerspecific ad valorem ratios based on the entered value. For the companies which were not selected for individual examination, we used, as the assessment rate, the cash deposit rate assigned to Magnum, in accordance with our practice.5 Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced by Magnum for which it did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate Final Results of the Review Commerce is conducting an administrative review of the antidumping duty order on shrimp from India. This 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 producers/exporters which were not selected for individual examination are listed in the ‘‘Final Results of the Review’’ section of this notice. We are assigning the following dumping margins to the firms listed below for the POR February 1, 2017 through January 31, 2018: VerDate Sep<11>2014 17:05 Oct 28, 2019 Jkt 250001 1.87 Analysis of Comments Received Background 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. 110.90 Review-Specific Average Rate Applicable to the Following Companies: 4 SUPPLEMENTARY INFORMATION: Applicable October 29, 2019. FOR FURTHER INFORMATION CONTACT: Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co Magnum Sea Foods Limited/ Magnum Estates Limited ........ The merchandise subject to the order is certain frozen warmwater shrimp.3 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 customs purposes, the written product description remains dispositive. All issues raised in the case briefs by parties are listed in the appendix to this notice and addressed in the IDM. Parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which 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 http://access.trade.gov; the IDM is also available to all parties in the Central Records Unit, Room B8024, of the main Commerce building. In addition, a complete version of the IDM can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed IDM and the electronic version of the IDM are identical in content. DATES: Exporter/producer Weightedaverage dumping margin (percent) 1 See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 16843 (April 23, 2019) (Preliminary Results). 2 The petitioner is the Ad Hoc Shrimp Trade Action Committee. 3 For a complete description of the Scope of the Order, see Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2017– 2018 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India,’’ dated concurrently with, and hereby adopted by, this notice (IDM). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Exporter/producer Blue-Fin Frozen Foods Pvt. Ltd Crystal Sea Foods Private Limited .......................................... Forstar Frozen Foods Pvt. Ltd ... Milsha Agro Exports Pvt. Ltd ...... Weightedaverage dumping margin (percent) 1.87 1.87 1.87 1.87 Assessment Rates 4 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 Tariff Act of 1930, as amended (the Act). 5 See, e.g., Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 32835 (July 16, 2018). E:\FR\FM\29OCN1.SGM 29OCN1 57848 Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices company(ies) involved in the transaction.6 Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of 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 rates for the reviewed companies will be the rates shown above, except if the rate is less than 0.50 percent (de minimis within the meaning of 19 CFR 351.106(c)(1)), the cash deposit will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a previous 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 period 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 established in the LTFV investigation.7 These deposit requirements, when imposed, shall remain in effect until further notice. 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to 6 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 7 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147, 5148 (February 1, 2005). VerDate Sep<11>2014 17:05 Oct 28, 2019 Jkt 250001 administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, 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 subject to sanction. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h). Dated: October 21, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the IDM I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Differential Pricing Comment 2: Adverse Facts Available V. Recommendation [FR Doc. 2019–23534 Filed 10–28–19; 8:45 am] Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1646, (202) 482–0413, or (202) 482–2924, respectively. SUPPLEMENTARY INFORMATION: Background On August 7, 2018, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on flanges from India, for the period February 8, 2017 through July 31, 2018.1 Subsequently, Commerce received timely requests for an administrative review from Weldbend Corporation and Boltex Manufacturing Co., L.P. (collectively, the petitioners),2 Norma,3 Gupta,4 Jai Auto Pvt. Ltd. (Jai Auto),5 and Bebitz Flanges Works Private Limited (Bebitz).6 The petitioners requested an administrative review of 35 companies,7 whereas Norma, Gupta, Jai Auto and Bebitz requested an administrative review of themselves.8 On October 4, 2018, Commerce initiated an administrative review of the Order for the period February 8, 2017 through July 31, 2018, with respect to 37 companies.9 On November 9, 2018, Commerce selected Gupta and Norma as the mandatory respondents for this BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–871] Finished Carbon Steel Flanges 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 finds that Norma (India) Limited (Norma) and R.N. Gupta & Co. Ltd. (Gupta), producers/ exporters of finished carbon steel flanges (flanges) from India, sold subject merchandise at prices below normal value during the period of review (POR) February 8, 2017 through July 31, 2018. We invite interested parties to comment on these preliminary results. DATES: Applicable October 29, 2019. FOR FURTHER INFORMATION CONTACT: Heather Lui, Paul Walker, or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 1 See Finished Carbon Steel Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see also Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 38682, 38683 (August 7, 2018). 2 See Petitioners’ Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Administrative Review,’’ dated August 31, 2018 (Petitioners’ Request for Review). 3 See Norma’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for entry of appearance in the Anti-Dumping Duty Administrative Review for Norma (India) Limited, USK Export Private Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,’’ dated August 28, 2018 (Norma’s Request for Review). 4 See Gupta’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review,’’ dated August 30, 2018 (Gupta’s Request for Review). 5 See Jai Auto’s Letter, ‘‘Request for AntiDumping Duty Administrative Review of finished carbon steel flanges from India,’’ dated August 31, 2018; see also Jai Auto’s Letter, ‘‘Finished Carbon Steel Flanges from India: Requests for Administrative Review,’’ dated August 31, 2018 (Jay Auto’s Request for Review). 6 See Bebitz’s Letter, ‘‘Finished Carbon Steel Flanges from India: Requests for Administrative Review,’’ dated August 31, 2018 (Bebitz’s Request for Review). 7 See Petitioners’ Request for Review, at 2–3. 8 See Norma’s Request for Review; Gupta’s Request for Review; Jai Auto’s Request for Review; and Bebitz’s Request for Review. 9 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation Notice). E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57847-57848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23534]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Final Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) 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 October 29, 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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on shrimp from India. This 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 producers/exporters which were not selected 
for individual examination are listed in the ``Final Results of the 
Review'' section of this notice.
    On April 23, 2019, Commerce published the Preliminary Results.\1\ 
On May 22 and 23, 2019, we received case briefs from the Elque Group 
and Magnum, respectively. On May 28, 2019, we received a rebuttal brief 
from the petitioner.\2\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR 
16843 (April 23, 2019) (Preliminary Results).
    \2\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\3\ 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 customs 
purposes, the written product description remains dispositive.
---------------------------------------------------------------------------

    \3\ For a complete description of the Scope of the Order, see 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the 2017-2018 Antidumping Duty Administrative Review of Certain 
Frozen Warmwater Shrimp from India,'' dated concurrently with, and 
hereby adopted by, this notice (IDM).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case briefs by parties are listed in the 
appendix to this notice and addressed in the IDM. Parties can find a 
complete discussion of these issues and the corresponding 
recommendations in this public memorandum, which 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 http://access.trade.gov; the 
IDM is also available to all parties in the Central Records Unit, Room 
B8024, of the main Commerce building. In addition, a complete version 
of the IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic version of the IDM 
are identical in content.

Final Results of the Review

    We are assigning the following dumping margins to the firms listed 
below for the POR February 1, 2017 through January 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co      110.90
Magnum Sea Foods Limited/Magnum Estates Limited.............        1.87
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\4\
---------------------------------------------------------------------------

    \4\ 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 Tariff Act of 1930, as amended (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
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the 
entered value for all its U.S. sales, we calculated 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. To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculated importer-specific ad valorem ratios based on the entered 
value.
    For the companies which were not selected for individual 
examination, we used, as the assessment rate, the cash deposit rate 
assigned to Magnum, in accordance with our practice.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Frozen Warmwater Shrimp from India: Final 
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 
32835 (July 16, 2018).
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Magnum for which it 
did not know that the merchandise was destined for the United States. 
In such instances, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate if there is no rate for the intermediate

[[Page 57848]]

company(ies) involved in the transaction.\6\
---------------------------------------------------------------------------

    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 rates for the reviewed companies will be 
the rates shown above, except if the rate is less than 0.50 percent (de 
minimis within the meaning of 19 CFR 351.106(c)(1)), the cash deposit 
will be zero; (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a previous 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 period 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 established in the 
LTFV investigation.\7\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from India, 70 FR 5147, 5148 (February 1, 2005).
---------------------------------------------------------------------------

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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, 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 subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h).

    Dated: October 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the IDM

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Differential Pricing
    Comment 2: Adverse Facts Available
V. Recommendation

[FR Doc. 2019-23534 Filed 10-28-19; 8:45 am]
 BILLING CODE 3510-DS-P