Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Rescission of Antidumping Duty Administrative Review; 2019-2020, 27715-27716 [2020-09973]

Download as PDF 27715 Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices changes to the determination in Remand III as a result of this further analysis. On March 20, 2020, Commerce filed Remand IV with the Court.26 On April 23, 2020, the Court sustained Remand IV in Jacobi AR8 V.27 Timken Notice In its decision in Timken,28 as clarified by Diamond Sawblades,29 the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s April 23, 2020 judgment in Jacobi AR8 IV constitutes a final decision of the Court that is not in harmony with Commerce’s AR8 Final Results. This notice is published in fulfillment of the publication requirement of Timken. Amended Final Results Because there is now a final court decision, Commerce amends the AR8 Final Results with respect to the companies identified below. Based on Remand III, as affirmed by the Court in Jacobi AR8 IV, the revised weightedaverage dumping margins for the companies listed below during the period April 1, 2014 through March 31, 2015 are as follows: Margin (dollars per kilogram) 30 Exporter Jacobi Carbons AB .................................................................................................................................................... Beijing Pacific Activated Carbon Products Co., Ltd .................................................................................................. Datong Municipal Yunguang Activated Carbon Co., Ltd .......................................................................................... Jilin Bright Future Chemicals Company, Ltd ............................................................................................................. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ...................................................................................... Ningxia Huahui Activated Carbon Co., Ltd ............................................................................................................... Ningxia Mineral and Chemical Limited ...................................................................................................................... Shanxi DMD Corporation ........................................................................................................................................... Shanxi Industry Technology Trading Co., Ltd ........................................................................................................... Shanxi Sincere Industrial Co., Ltd ............................................................................................................................. Tianjin Channel Filters Co., Ltd ................................................................................................................................. Tianjin Maijin Industries Co., Ltd ............................................................................................................................... Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise at issue pending expiration of the period to appeal or, if appealed, a final and conclusive court decision. In the event that the Court’s ruling is not appealed or, if appealed, is upheld by a final and conclusive court decision, Commerce will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margins listed above. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements Because there have been subsequent administrative reviews for the companies identified above, the cash deposit rates will remain the rates established in the most recentlycompleted AR11 Final Results, which is $0.89/kg for Jacobi, and $0.89/kg for Beijing Pacific Activated Carbon Products Co., Ltd. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., Ningxia Huahui Activated Carbon Co., Ltd., Ningxia Mineral & Chemical 26 See Jacobi Carbons AB et al. v. United States, Consol. Court No. 16–00185, Slip Op. 19–160, Final Results of Redetermination Pursuant to Court Remand, dated March 20, 2020 (Remand IV). 27 See Jacobi Carbons AB v. United States, Consol. Court No. 16–00815, Slip Op. 20–55 (CIT 2020) (Jacobi AR8 V). 28 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 29 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 17:05 May 08, 2020 Jkt 250001 Limited, and Shanxi Sincere Industrial Co., Ltd.31 For the companies that Commerce determined had no shipments in AR11 Final Results, the cash deposit rates will remain the rates established in the most recentlycompleted AR9 Final Results,32 which is $0.22/Kg for Datong Municipal Yunguang Activated Carbon Co., Ltd., Jilin Bright Future Chemicals Company, Ltd., Shanxi Industry Technology Trading Co., Ltd., and Tianjin Channel Filters Co., Ltd. For the companies determined not to be eligible for a separate rate in subsequent reviews, i.e., Shanxi DMD Corporation 33 and Tianjin Maijin Industries Co., Ltd.,34 the cash deposit rate will remain the rate established for the China-wide entity. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. 30 In the second administrative review, Commerce determined that it would calculate per-unit assessment and cash deposit rates for all future reviews. See Certain Activated Carbon from the People’s Republic of China: Final Results and Partial Rescission of Second Antidumping Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010); see also AR7 Final Results, 80 FR at 61174 n.21. 31 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 0.51 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 Dated: May 4, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–10071 Filed 5–7–20; 11:15 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Rescission of Antidumping Duty Administrative Review; 2019– 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam) AGENCY: Duty Administrative Review; 2017–2018, 84 FR 68881 (December 17, 2019) (AR11 Final Results). 32 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 51607 (November 7, 2017) (AR9 Final Results). 33 See AR9 Final Results, 82 FR at 51611. 34 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016, 83 FR 58229, 58231 (November 19, 2018) (AR10 Final Results). E:\FR\FM\11MYN1.SGM 11MYN1 27716 Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices for the period February 1, 2019 through January 31, 2020. DATES: Applicable May 11, 2020. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: Background On April 8, 2020, Commerce published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on certain frozen warmwater shrimp from Vietnam covering the period February 1, 2019 through January 31, 2020.1 Commerce initiated the administrative review for a single exporter, Blue Bay Seafood Co., Ltd., based on timely requests for review filed by Blue Bay Seafood Co., Ltd., Ad Hoc Shrimp Trade Action Committee (the petitioner), and the American Shrimp Processors Association (ASPA).2 On April 27, 2020, Blue Bay Seafood Co., Ltd. withdrew its request for review.3 On May 1, 2020, the petitioner and ASPA withdrew their respective requests for review of Blue Bay Seafood Co., Ltd.4 Thus, all review requests for the only company under review have been timely withdrawn. Rescission of Review khammond on DSKJM1Z7X2PROD with NOTICES 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 of the notice of initiation of the requested review. The petitioner, ASPA, and Blue Bay Seafood Co., Ltd. withdrew their requests for administrative review within 90 days of the date of publication of the Initiation Notice, and no other interested party requested a review of Blue Bay Seafood Co., Ltd. Therefore, in accordance with 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation Notice). 2 See ASPA Letter, ‘‘Request for Administrative Reviews,’’ dated February 27, 2020; Petitioner Letter, ‘‘Request for Administrative Reviews,’’ dated February 28, 2020; and Blue Bay Seafood Co., Ltd. Letter, ‘‘Request for Antidumping Duty Administrative Review,’’ dated February 28, 2020. 3 See Blue Bay Seafood Co., Ltd. Letter, ‘‘Withdrawal of Review Request,’’ dated April 27, 2020. 4 See Petitioner Letter, ‘‘Withdrawal of Review Request,’’ dated May 1, 2020; and ASPA Letter, ‘‘Withdrawal of Review Request for Blue Bay,’’ dated May 1, 2020. VerDate Sep<11>2014 17:05 May 08, 2020 Jkt 250001 19 CFR 351.213(d)(1), Commerce is rescinding this review, in its entirety. Assessment Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protection Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 5, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–09973 Filed 5–8–20; 8:45 am] BILLING CODE 3510–DS–P Frm 00009 International Trade Administration [C–533–868] Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period February 1, 2019, through January 31, 2020, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register. PO 00000 DEPARTMENT OF COMMERCE Fmt 4703 Sfmt 4703 Welded Stainless Pressure Pipe From India: Rescission of Countervailing Duty Administrative Review: 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on certain welded stainless pressure pipes (WSPP) from India for the period of review (POR) January 1, 2018 through December 31, 2018, based on the timely withdrawal of the request for review. DATES: Applicable May 11, 2020. FOR FURTHER INFORMATION CONTACT: 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) 482–6386. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2019, Commerce published a notice of opportunity to request an administrative review of the CVD order on WSPP from India for the POR of January 1, 2018 through December 31, 2018.1 On November 29, 2019, Commerce received a timely-filed request from Sunrise Stainless Private Limited, Sun Mark Stainless Pvt. Ltd., and Shah Foils Ltd. (collectively, Sunrise Group) for an administrative review of its exports of subject merchandise to the United States during the POR, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).2 On January 17, 2020, pursuant to this request, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review of the CVD order on WSPP from India for Sunrise Group.3 On February 12, 2020, Sunrise Group withdrew the 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 58690 (November 1, 2019). 2 See Sunrise Group’s Letter, ‘‘Welded Stainless Pressure Pipe from India: Request for Administrative Review of Countervailing Duty of Sunrise Private Limited, Sun Mark Stainless Pvt. Ltd., and Shah Foils Ltd.,’’ dated November 29, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020). E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Pages 27715-27716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09973]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Rescission of Antidumping Duty Administrative Review; 2019-
2020

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 order on certain frozen 
warmwater shrimp from the Socialist Republic of Vietnam (Vietnam)

[[Page 27716]]

for the period February 1, 2019 through January 31, 2020.

DATES: Applicable May 11, 2020.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Background

    On April 8, 2020, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the antidumping 
duty order on certain frozen warmwater shrimp from Vietnam covering the 
period February 1, 2019 through January 31, 2020.\1\ Commerce initiated 
the administrative review for a single exporter, Blue Bay Seafood Co., 
Ltd., based on timely requests for review filed by Blue Bay Seafood 
Co., Ltd., Ad Hoc Shrimp Trade Action Committee (the petitioner), and 
the American Shrimp Processors Association (ASPA).\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \2\ See ASPA Letter, ``Request for Administrative Reviews,'' 
dated February 27, 2020; Petitioner Letter, ``Request for 
Administrative Reviews,'' dated February 28, 2020; and Blue Bay 
Seafood Co., Ltd. Letter, ``Request for Antidumping Duty 
Administrative Review,'' dated February 28, 2020.
---------------------------------------------------------------------------

    On April 27, 2020, Blue Bay Seafood Co., Ltd. withdrew its request 
for review.\3\ On May 1, 2020, the petitioner and ASPA withdrew their 
respective requests for review of Blue Bay Seafood Co., Ltd.\4\ Thus, 
all review requests for the only company under review have been timely 
withdrawn.
---------------------------------------------------------------------------

    \3\ See Blue Bay Seafood Co., Ltd. Letter, ``Withdrawal of 
Review Request,'' dated April 27, 2020.
    \4\ See Petitioner Letter, ``Withdrawal of Review Request,'' 
dated May 1, 2020; and ASPA Letter, ``Withdrawal of Review Request 
for Blue Bay,'' dated May 1, 2020.
---------------------------------------------------------------------------

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 of 
the notice of initiation of the requested review. The petitioner, ASPA, 
and Blue Bay Seafood Co., Ltd. withdrew their requests for 
administrative review within 90 days of the date of publication of the 
Initiation Notice, and no other interested party requested a review of 
Blue Bay Seafood Co., Ltd. Therefore, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review, in its entirety.

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries at a rate equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, during the 
period February 1, 2019, through January 31, 2020, in accordance with 
19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of this 
notice in the Federal Register.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protection Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: May 5, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2020-09973 Filed 5-8-20; 8:45 am]
 BILLING CODE 3510-DS-P