Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2017-2018, 57847-57848 [2019-23534]
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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 https://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 https://
enforcement.trade.gov/frn/.
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 https://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 https://enforcement.trade.gov/frn/. 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