Certain Frozen Warmwater Shrimp from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 83891-83894 [2020-28402]
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
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NOES is subject to the Orders whether
it is fully processed (i.e., fully annealed
to develop final magnetic properties) or
semi-processed (i.e., finished to final
thickness and physical form but not
fully annealed to develop final magnetic
properties). Fully processed NOES is
typically made to the requirements of
ASTM specification A 677, Japanese
Industrial Standards (JIS) specification
C 2552, and/or International
Electrotechnical Commission (IEC)
specification 60404–8–4. Semiprocessed NOES is typically made to the
requirements of ASTM specification A
683. However, the scope of the Orders
is not limited to merchandise meeting
the ASTM, JIS, and IEC specifications
noted immediately above.
NOES is sometimes referred to as
cold-rolled non-oriented (CRNO), nongrain oriented (NGO), non-oriented
(NO), or cold-rolled non-grain oriented
(CRNGO) electrical steel. These terms
are interchangeable.
Excluded from the scope of the Orders
are flat-rolled products not in coils that,
prior to importation into the United
States, have been cut to a shape and
undergone all punching, coating, or
other operations necessary for
classification in Chapter 85 of the
Harmonized Tariff Schedule of the
United States (HTSUS) as a part (i.e.,
lamination) for use in a device such as
a motor, generator, or transformer.
The subject merchandise is provided
for in subheadings 7225.19.0000,
7226.19.1000, and 7226.19.9000 of the
HTSUS. Subject merchandise may also
be entered under subheadings
7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050,
7226.92.8050, 7226.99.0180 of the
HTSUS. Although HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
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and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next sunset
review of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) and of the Act and
published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: December 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–28403 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that Shantou Red
Garden Food Processing Co., Ltd.
(Shantou RGFP) is not the successor in
interest to Red Garden Food Processing
Co., Ltd. Additionally, we find that that
Shantou RGFP and Shantou Red Garden
Foodstuff Co., Ltd. (collectively,
Shantou Red Garden Foods) made sales
of certain frozen warmwater shrimp
(shrimp) from the People’s Republic of
China (China) at less than normal value
during the period of review (POR)
February 1, 2018 through January 31,
2019.
AGENCY:
DATES:
Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8194.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of the administrative review of
the antidumping duty order on shrimp
from China on March 5, 2020.1 On April
1 See Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Preliminary Results of
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83891
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days.2
On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.3 Commerce
extended the deadline for the final
results further by 60 days on October 2,
2020.4 The deadline for the final results
of this review is now December 21,
2020. For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.5
Scope of the Order 6
The scope of the Order includes
certain frozen warmwater shrimp and
prawns, whether wild caught (ocean
harvested) or farm raised (produced by
aquaculture), head on or head off, shell
on or peeled, tail on or tail off, deveined
or not deveined, cooked or raw, or
otherwise processed in frozen form. For
a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and 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. In addition, a complete
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 12894 (March 5, 2020) (Preliminary
Results).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated July 22,
2020.
4 See Memorandum, ‘‘Frozen Warmwater Shrimp
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, 2018–2019,’’ dated October
2, 2020.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Frozen Warmwater Shrimp from the
People’s Republic of China; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the People’s Republic of China, 70 FR 5149
(February 1, 2005) (Order).
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version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Affiliation and Single Entity
Determination
On April 29, 2020, Commerce
preliminarily found that Shantou RGFP
and Shantou Red Garden Foodstuff Co.,
Ltd. are affiliated pursuant to section
771(33) of the Tariff Act of 1930, as
amended (the Act) and should be
treated as a single entity for purposes of
this antidumping duty proceeding
pursuant to 19 CFR 351.401(f).7 No
interested party commented on this
treatment of Shantou Red Garden Foods,
and this finding remains unchanged for
these final results.
Final Determination of No Shipments
In the Preliminary Results, we found
no evidence calling into question the
no-shipment claims of the following
companies: (1) Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd.; (2)
Allied Pacific Food (Dalian) Co., Ltd.;
and (3) Allied Pacific (HK) Co., Ltd. No
parties commented on this preliminary
decision. For the final results of this
review, we continue to find that these
companies had no shipments of subject
merchandise to the United States during
the POR.
Changes Since the Preliminary
Results
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After evaluating the comments
received from interested parties and
record information, we have made two
changes to the Preliminary Results.
First, we have elected to use Shantou
Red Garden Foods’ most recentlysubmitted factors of production (FOP)
database in calculating its final
weighted-average dumping margin.
Second, we have determined that the
use of partial adverse facts available
(AFA), pursuant to sections 776(a)–(b)
of the Act, is appropriate when
determining the weighted-average
distance of shrimp suppliers to Shantou
Red Garden Foods’ factory. For a more
detailed discussion of these changes, see
the Final Analysis Memorandum.8
7 See Memorandum, ‘‘Affiliation and Collapsing
of Shantou Red Garden Food Processing Co., Ltd.
with Shantou Red Garden Foodstuff Co., Ltd.,’’
dated April 29, 2020.
8 See Memorandum, ‘‘Final Analysis
Memorandum for Shantou Red Garden Food
Processing Co., Ltd. and Shantou Red Garden
Foodstuff Co., Ltd.,’’ dated concurrently with, and
hereby adopted by, this notice (Final Analysis
Memorandum).
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Separate Rate
In the Preliminary Results, we found
that information placed on the record by
Shantou Red Garden Foods
demonstrated that this entity is entitled
to separate rate status, which we
preliminarily granted.9 The American
Shrimp Processors Association (ASPA)
argued that Shantou Red Garden Foods
failed to fully cooperate in responding
to Commerce’s questions regarding its
ownership, control, and history, and
that, as a result, Commerce should find
that Shantou Red Garden Foods’
information is unreliable, rendering it
ineligible for a separate rate.10 For the
final results, we continue to find that
Shantou Red Garden Foods is eligible
for a separate rate. For a more detailed
discussion of this issue, see Issues and
Decision Memorandum.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for the period February 1,
2018 through January 31, 2019:
Weightedaverage
dumping
margin
(percent)
Exporter
Shantou Red Garden Food
Processing Co., Ltd./Shantou
Red Garden Foodstuff Co.,
Ltd ...........................................
58.96
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.11 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate (i.e., 112.81
percent) is not subject to change.12
Aside from the no-shipment and
separate rate companies discussed
above, Commerce considers all other
companies for which a review was
requested (none of which filed a
9 See
Preliminary Results, 85 FR at 12895.
ASPA’s Case Brief, ‘‘Certain Frozen
Warmwater Shrimp from China: ASPA’s Case
Brief,’’ dated May 13, 2020 at 3–19.
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
12 See Certain Frozen Warmwater Shrimp from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 57872 (September 26, 2014).
10 See
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separate rate application) to be part of
the China-wide entity.13 This includes
Shantou Yuexing Enterprise Company, a
company that is under review that had
previously been granted a separate
rate 14 but that failed to submit either a
no shipment certification or a separate
rate certification in this review. No
parties commented on this preliminary
decision. For the final results of this
review, we continue to find that these
companies (identified in Appendix II)
should be treated as part of the Chinawide entity.
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). In accordance with 19 CFR
351.212(b)(1), we have calculated
importer-specific assessment rates for
merchandise subject to this review. We
calculated importer (or customer)specific assessment rates for
merchandise subject to this review on a
per-unit (i.e., per-kilogram) basis.
Specifically, we calculated a per-unit
assessment rate by aggregating the
antidumping duties due for all U.S.
sales to that importer (or customer) and
divided this amount by the total
quantity sold to that importer (or
customer) during the POR. 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 calculate importer- (or
customer-) specific ad valorem ratios
based on the estimated entered value. If
an importer (or customer)-specific
assessment rate is de minimis (i.e., less
than 0.50 percent), Commerce will
instruct CBP to liquidate that importer’s
(or customer’s) entries of subject
merchandise without regard to
antidumping duties.
For entries that were not reported in
the U.S. sales data submitted by
Shantou Red Garden Foods during this
review, Commerce will instruct CBP to
13 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777, 18777–78, (May 2, 2019) (‘‘All firms listed
below that wish to qualify for separate rate status
in the administrative reviews involving {nonmarket economy} countries must complete, as
appropriate, either a separate rate application or
certification, as described below’’). Companies that
are subject to this administrative review that are
considered to be part of the China-wide entity are
identified in Appendix II.
14 See, e.g., Certain Frozen Warmwater Shrimp
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2013–
2014, 79 FR 75787 (December 19, 2014).
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liquidate such entries at the rate for the
China-wide entity.15
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Shantou
Red Garden Foods, the cash deposit rate
will be equal to the weighted-average
dumping margin established in the final
results of this review; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific cash deposit
rate published for the completed
segment of the most recent period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity (this includes
Shantou Yuexing Enterprise Company);
and (4) for all non-Chinese exporters of
subject merchandise which have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Importers
This notice also 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
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
15 See
19 CFR 351.212(b)(1).
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21:21 Dec 22, 2020
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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
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: December 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Consider Shantou Red Garden Foods’
Ministerial Error Allegation
Comment 2: Whether Commerce Should
Apply AFA to Shantou Red Garden
Foods
Comment 3: Whether Commerce Has the
Authority to Conduct a Successor-inInterest (SII) Analysis Within the Context
of an Administrative Review
Comment 4: Whether Commerce’s SII
Analysis was Predicated on Erroneous
Data
Comment 5: Whether to Maintain the
Existing Combination Rate
Comment 6: Whether Truck Revenue
Should Be Added to Gross Unit Price
Comment 7: Whether Commerce Should
Use Shantou Red Garden Foods’ Revised
FOP Database
VI. Recommendation
Appendix II
Companies Receiving the China-Wide Rate 16
Asian Seafoods (Zhanjiang) Co., Ltd.
Beihai Anbang Seafood Co., Ltd.
Beihai Boston Frozen Food Co., Ltd.
Beihai Tianwei Aquatic Food Co. Ltd.
Changli Luquan Aquatic Products Co., Ltd.
Dalian Beauty Seafood Company Ltd.
Dalian Haiqing Food Co., Ltd.
Dalian Home Sea International Trading Co.,
Ltd.
Dalian Rich Enterprise Group Co., Ltd.
Dalian Shanhai Seafood Co., Ltd.
Dalian Taiyang Aquatic Products Co., Ltd.
16 We removed all companies that are excluded
from the order even though entries that are not
exporter-producer specific to the exclusion
language would fall under the rate assigned to the
China-wide entity.
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83893
Dandong Taihong Foodstuff Co., Ltd.
Food Processing Co., Ltd.
Fujian Chaohui Aquatic Food Co., Ltd.
Fujian Chaohui Group
Fujian Chaohui International Trading Co.,
Ltd.
Fujian Dongshan County Shunfa Aquatic
Product Co., Ltd.
Fujian Dongya Aquatic Products Co., Ltd.
Fujian Fuding Seagull Fishing Food Co., Ltd.
Fujian Hainason Trading Co., Ltd.
Fujian Haohui Import & Export Co., Ltd.
Fujian Rongjiang Import and Export Co., Ltd.
Fujian Zhaoan Haili Aquatic Co., Ltd.
Fuqing Chaohui Aquatic Food Co., Ltd.
Fuqing Dongwei Aquatic Products Ind.
Fuqing Dongwei Aquatic Products Industry
Co., Ltd.
Fuqing Longhua Aquatic Food Co., Ltd.
Fuqing Minhua Trade Co., Ltd.
Fuqing Yihua Aquatic Food Co., Ltd.
Guangdong Foodstuffs Import & Export
(Group) Corporation.
Guangdong Gourmet Aquatic Products Co.,
Ltd.
Guangdong Jinhang Food Co., Ltd.
Guangdong Universal Aquatic Food Co. Ltd.
Guangdong Wanshida Holding Corp.
Guangdong Wanya Foods Fty. Co., Ltd.
HaiLi Aquatic Product Co., Ltd. Zhaoan
Fujian.
Hainan Brich Aquatic Products Co., Ltd.
Hainan Golden Spring Foods Co., Ltd.
Huazhou Xinhai Aquatic Products Co. Ltd.
Leizhou Bei Bu Wan Sea Products Co., Ltd.
Longhai Gelin Foods Co., Ltd.
Maoming Xinzhou Seafood Co., Ltd.
New Continent Foods Co., Ltd.
North Seafood Group Co.
Penglai Huiyang Foodstuff Co., Ltd.
Qingdao Fusheng Foodstuffs Co., Ltd.
Qingdao Yihexing Foods Co., Ltd.
Qinhuangdao Gangwan Aquatic Products
Co., Ltd.
Rizhao Rongxing Co. Ltd.
Rizhao Smart Foods Company Limited.
Rongcheng Yinhai Aquatic Product Co., Ltd.
Rushan Chunjiangyuan Foodstuffs Co.
Rushan Chunjiangyuan Foodstuffs Co., Ltd.
Savvy Seafood Inc.
Shanghai Zhoulian Foods Co., Ltd.
Shantou Freezing Aquatic Product Foodstuffs
Co.
Shantou Jiazhou Food Industrial Co., Ltd.
Shantou Jintai Aquatic Product Industrial
Co., Ltd.
Shantou Longsheng Aquatic Product
Foodstuff Co., Ltd.
Shantou Ocean Best Seafood Corporation.
Shantou Ruiyuan Industry Co., Ltd.
Shantou Wanya Foods Fty. Co., Ltd.
Shantou Yuexing Enterprise Company.
Thai Royal Frozen Food Zhanjiang Co., Ltd.
Xiamen Granda Import and Export Co., Ltd.
Yangjiang Dawu Aquatic Products Co., Ltd.
Yangjiang Haina Datong Trading Co.
Yantai Wei Cheng Food Co., Ltd.
Yantai Wei-Cheng Food Co., Ltd.
Zhangzhou Donghao Seafoods Co., Ltd.
Zhangzhou Xinwanya Aquatic Product Co.,
Ltd.
Zhangzhou Yanfeng Aquatic Product &
Foodstuff Co., Ltd.
Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd.
Zhanjiang Fuchang Aquatic Products
Freezing Plant.
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Zhanjiang Longwei Aquatic Products
Industry Co., Ltd.
Zhanjiang Newpro Foods Co., Ltd.
Zhanjiang Universal Seafood Corp.
Zhaoan Yangli Aquatic Co., Ltd.
Zhejiang Xinwang Foodstuffs Co., Ltd.
Zhoushan Genho Food Co., Ltd.
Zhoushan Green Food Co., Ltd.
[FR Doc. 2020–28402 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hanwha Chemical Corporation
(Hanwha Chemical) made sales of
subject merchandise at less than normal
value (NV) during the August 1, 2018
through July 31, 2019 period of review
(POR). Commerce preliminarily
determines that sales of subject
merchandise have not been made below
NV by Aekyung Petrochemical Co., Ltd.
(AKP) and LG Chem Ltd. (LG Chem)
during the POR. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Patrick Barton, 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) 482–4243 or (202) 482–0012,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
On October 7, 2019, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic
of Korea (Korea), covering three
companies: AKP, Hanwha Chemical,
and LG Chem.1 Hanwha Chemical
informed Commerce that it would not
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019) (Initiation Notice).
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Jkt 253001
be participating in the review on
January 3, 2020.2
On April 21, 2020, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce
extended the preliminary results
deadline by 118 days.3 On April 24,
2020, Commerce tolled all deadlines in
administrative reviews by 50 days.4 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.5 The deadline for
these preliminary results is now
December 16, 2020.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise covered by this
order is DOTP, regardless of form. DOTP
that has been blended with other
products is included within this scope
when such blends include constituent
parts that have not been chemically
reacted with each other to produce a
different product. For such blends, only
the DOTP component of the mixture is
covered by the scope of this order.
Subject merchandise is currently
classified under subheading
2917.39.2000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Subject merchandise may also enter
under subheadings 2917.39.7000 or
3812.20.1000 of the HTSUS. While the
Chemical Abstract Service (CAS)
registry number and HTSUS
classification are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. See the Preliminary
Decision Memorandum for a full
description of the scope of the order.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
2 See Memorandum, ‘‘Notification from Hanwha
Chemical Corp. Regarding Decision to Not
Participate in the 2018–2019 Administrative
Review of Dioctyl Terephthalate from the Republic
of Korea,’’ dated January 6, 2020.
3 See Memorandum, ‘‘Dioctyl Terephthalate from
the Republic of Korea: Extension of Deadline for
Preliminary Results of the 2018–2019 Antidumping
Duty Administrative Review,’’ dated April 21, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review: Dioctyl
Terephthalate from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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and (2) of the Act. We calculated export
price and constructed export price in
accordance with section 772 of the Act.
We calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our calculations, 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. 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 as the Appendix to this notice.
Application of Facts Available with
Adverse Inferences
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available to determine a
weighted-average dumping margin for
Hanwha Chemical in this review.
Commerce preliminarily finds that
necessary information is not available
on the record, and that Hanwha
Chemical withheld information
requested by Commerce, failed to
provide the requested information in the
form and manner requested, and
significantly impeded the proceeding,
warranting a determination on the basis
of the facts available under section
776(a) of the Act. Further, Commerce
preliminarily determines that Hanwha
Chemical failed to cooperate to the best
of its ability, and thus, Commerce is
applying facts available with adverse
inferences (AFA) to Hanwha Chemical,
in accordance with section 776(b) of the
Act. For a full description of the
methodology underlying our
conclusions regarding the application of
AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period August 1, 2018 through July
31, 2019:
Exporter or producer
Aekyung Petrochemical Co., Ltd
E:\FR\FM\23DEN1.SGM
23DEN1
Weightedaverage
dumping
margin
(percent)
0.00
]]>Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83891-83894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28402]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Shantou Red
Garden Food Processing Co., Ltd. (Shantou RGFP) is not the successor in
interest to Red Garden Food Processing Co., Ltd. Additionally, we find
that that Shantou RGFP and Shantou Red Garden Foodstuff Co., Ltd.
(collectively, Shantou Red Garden Foods) made sales of certain frozen
warmwater shrimp (shrimp) from the People's Republic of China (China)
at less than normal value during the period of review (POR) February 1,
2018 through January 31, 2019.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review of the antidumping duty order on shrimp from China on March 5,
2020.\1\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days.\2\ On July 21, 2020, Commerce tolled
all deadlines in administrative reviews by an additional 60 days.\3\
Commerce extended the deadline for the final results further by 60 days
on October 2, 2020.\4\ The deadline for the final results of this
review is now December 21, 2020. For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 12894 (March 5, 2020) (Preliminary Results).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated July 22, 2020.
\4\ See Memorandum, ``Frozen Warmwater Shrimp from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2018-2019,'' dated October
2, 2020.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Frozen Warmwater Shrimp from the People's Republic of China;
2018-2019,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from the People's Republic of China, 70 FR 5149 (February 1,
2005) (Order).
---------------------------------------------------------------------------
The scope of the Order includes certain frozen warmwater shrimp and
prawns, whether wild caught (ocean harvested) or farm raised (produced
by aquaculture), head on or head off, shell on or peeled, tail on or
tail off, deveined or not deveined, cooked or raw, or otherwise
processed in frozen form. For a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the Appendix to this notice. The Issues and
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. In addition, a complete
[[Page 83892]]
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Affiliation and Single Entity Determination
On April 29, 2020, Commerce preliminarily found that Shantou RGFP
and Shantou Red Garden Foodstuff Co., Ltd. are affiliated pursuant to
section 771(33) of the Tariff Act of 1930, as amended (the Act) and
should be treated as a single entity for purposes of this antidumping
duty proceeding pursuant to 19 CFR 351.401(f).\7\ No interested party
commented on this treatment of Shantou Red Garden Foods, and this
finding remains unchanged for these final results.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Affiliation and Collapsing of Shantou Red
Garden Food Processing Co., Ltd. with Shantou Red Garden Foodstuff
Co., Ltd.,'' dated April 29, 2020.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found no evidence calling into
question the no-shipment claims of the following companies: (1) Allied
Pacific Aquatic Products (Zhanjiang) Co., Ltd.; (2) Allied Pacific Food
(Dalian) Co., Ltd.; and (3) Allied Pacific (HK) Co., Ltd. No parties
commented on this preliminary decision. For the final results of this
review, we continue to find that these companies had no shipments of
subject merchandise to the United States during the POR.
Changes Since the Preliminary Results
After evaluating the comments received from interested parties and
record information, we have made two changes to the Preliminary
Results. First, we have elected to use Shantou Red Garden Foods' most
recently-submitted factors of production (FOP) database in calculating
its final weighted-average dumping margin. Second, we have determined
that the use of partial adverse facts available (AFA), pursuant to
sections 776(a)-(b) of the Act, is appropriate when determining the
weighted-average distance of shrimp suppliers to Shantou Red Garden
Foods' factory. For a more detailed discussion of these changes, see
the Final Analysis Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Final Analysis Memorandum for Shantou Red
Garden Food Processing Co., Ltd. and Shantou Red Garden Foodstuff
Co., Ltd.,'' dated concurrently with, and hereby adopted by, this
notice (Final Analysis Memorandum).
---------------------------------------------------------------------------
Separate Rate
In the Preliminary Results, we found that information placed on the
record by Shantou Red Garden Foods demonstrated that this entity is
entitled to separate rate status, which we preliminarily granted.\9\
The American Shrimp Processors Association (ASPA) argued that Shantou
Red Garden Foods failed to fully cooperate in responding to Commerce's
questions regarding its ownership, control, and history, and that, as a
result, Commerce should find that Shantou Red Garden Foods' information
is unreliable, rendering it ineligible for a separate rate.\10\ For the
final results, we continue to find that Shantou Red Garden Foods is
eligible for a separate rate. For a more detailed discussion of this
issue, see Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Preliminary Results, 85 FR at 12895.
\10\ See ASPA's Case Brief, ``Certain Frozen Warmwater Shrimp
from China: ASPA's Case Brief,'' dated May 13, 2020 at 3-19.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period February 1, 2018 through January 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Shantou Red Garden Food Processing Co., Ltd./Shantou Red 58.96
Garden Foodstuff Co., Ltd.................................
------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review and the entity's rate
(i.e., 112.81 percent) is not subject to change.\12\
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\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 57872 (September 26, 2014).
---------------------------------------------------------------------------
Aside from the no-shipment and separate rate companies discussed
above, Commerce considers all other companies for which a review was
requested (none of which filed a separate rate application) to be part
of the China-wide entity.\13\ This includes Shantou Yuexing Enterprise
Company, a company that is under review that had previously been
granted a separate rate \14\ but that failed to submit either a no
shipment certification or a separate rate certification in this review.
No parties commented on this preliminary decision. For the final
results of this review, we continue to find that these companies
(identified in Appendix II) should be treated as part of the China-wide
entity.
---------------------------------------------------------------------------
\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777, 18777-78, (May 2, 2019) (``All
firms listed below that wish to qualify for separate rate status in
the administrative reviews involving {non-market economy{time}
countries must complete, as appropriate, either a separate rate
application or certification, as described below''). Companies that
are subject to this administrative review that are considered to be
part of the China-wide entity are identified in Appendix II.
\14\ See, e.g., Certain Frozen Warmwater Shrimp from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2013-2014, 79 FR 75787 (December 19, 2014).
---------------------------------------------------------------------------
Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific assessment rates for merchandise subject
to this review. We calculated importer (or customer)-specific
assessment rates for merchandise subject to this review on a per-unit
(i.e., per-kilogram) basis. Specifically, we calculated a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and divided this amount by the
total quantity sold to that importer (or customer) during the POR. 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
calculate importer- (or customer-) specific ad valorem ratios based on
the estimated entered value. If an importer (or customer)-specific
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce
will instruct CBP to liquidate that importer's (or customer's) entries
of subject merchandise without regard to antidumping duties.
For entries that were not reported in the U.S. sales data submitted
by Shantou Red Garden Foods during this review, Commerce will instruct
CBP to
[[Page 83893]]
liquidate such entries at the rate for the China-wide entity.\15\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this review in
the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Shantou Red Garden
Foods, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this review; (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that have received a separate rate in a prior segment
of this proceeding, the cash deposit rate will continue to be the
existing exporter-specific cash deposit rate published for the
completed segment of the most recent period; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (this includes Shantou Yuexing Enterprise
Company); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter that supplied that
non-Chinese exporter. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice also 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
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
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: December 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Consider Shantou Red Garden
Foods' Ministerial Error Allegation
Comment 2: Whether Commerce Should Apply AFA to Shantou Red
Garden Foods
Comment 3: Whether Commerce Has the Authority to Conduct a
Successor-in-Interest (SII) Analysis Within the Context of an
Administrative Review
Comment 4: Whether Commerce's SII Analysis was Predicated on
Erroneous Data
Comment 5: Whether to Maintain the Existing Combination Rate
Comment 6: Whether Truck Revenue Should Be Added to Gross Unit
Price
Comment 7: Whether Commerce Should Use Shantou Red Garden Foods'
Revised FOP Database
VI. Recommendation
Appendix II
Companies Receiving the China-Wide Rate \16\
---------------------------------------------------------------------------
\16\ We removed all companies that are excluded from the order
even though entries that are not exporter-producer specific to the
exclusion language would fall under the rate assigned to the China-
wide entity.
---------------------------------------------------------------------------
Asian Seafoods (Zhanjiang) Co., Ltd.
Beihai Anbang Seafood Co., Ltd.
Beihai Boston Frozen Food Co., Ltd.
Beihai Tianwei Aquatic Food Co. Ltd.
Changli Luquan Aquatic Products Co., Ltd.
Dalian Beauty Seafood Company Ltd.
Dalian Haiqing Food Co., Ltd.
Dalian Home Sea International Trading Co., Ltd.
Dalian Rich Enterprise Group Co., Ltd.
Dalian Shanhai Seafood Co., Ltd.
Dalian Taiyang Aquatic Products Co., Ltd.
Dandong Taihong Foodstuff Co., Ltd.
Food Processing Co., Ltd.
Fujian Chaohui Aquatic Food Co., Ltd.
Fujian Chaohui Group
Fujian Chaohui International Trading Co., Ltd.
Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
Fujian Dongya Aquatic Products Co., Ltd.
Fujian Fuding Seagull Fishing Food Co., Ltd.
Fujian Hainason Trading Co., Ltd.
Fujian Haohui Import & Export Co., Ltd.
Fujian Rongjiang Import and Export Co., Ltd.
Fujian Zhaoan Haili Aquatic Co., Ltd.
Fuqing Chaohui Aquatic Food Co., Ltd.
Fuqing Dongwei Aquatic Products Ind.
Fuqing Dongwei Aquatic Products Industry Co., Ltd.
Fuqing Longhua Aquatic Food Co., Ltd.
Fuqing Minhua Trade Co., Ltd.
Fuqing Yihua Aquatic Food Co., Ltd.
Guangdong Foodstuffs Import & Export (Group) Corporation.
Guangdong Gourmet Aquatic Products Co., Ltd.
Guangdong Jinhang Food Co., Ltd.
Guangdong Universal Aquatic Food Co. Ltd.
Guangdong Wanshida Holding Corp.
Guangdong Wanya Foods Fty. Co., Ltd.
HaiLi Aquatic Product Co., Ltd. Zhaoan Fujian.
Hainan Brich Aquatic Products Co., Ltd.
Hainan Golden Spring Foods Co., Ltd.
Huazhou Xinhai Aquatic Products Co. Ltd.
Leizhou Bei Bu Wan Sea Products Co., Ltd.
Longhai Gelin Foods Co., Ltd.
Maoming Xinzhou Seafood Co., Ltd.
New Continent Foods Co., Ltd.
North Seafood Group Co.
Penglai Huiyang Foodstuff Co., Ltd.
Qingdao Fusheng Foodstuffs Co., Ltd.
Qingdao Yihexing Foods Co., Ltd.
Qinhuangdao Gangwan Aquatic Products Co., Ltd.
Rizhao Rongxing Co. Ltd.
Rizhao Smart Foods Company Limited.
Rongcheng Yinhai Aquatic Product Co., Ltd.
Rushan Chunjiangyuan Foodstuffs Co.
Rushan Chunjiangyuan Foodstuffs Co., Ltd.
Savvy Seafood Inc.
Shanghai Zhoulian Foods Co., Ltd.
Shantou Freezing Aquatic Product Foodstuffs Co.
Shantou Jiazhou Food Industrial Co., Ltd.
Shantou Jintai Aquatic Product Industrial Co., Ltd.
Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
Shantou Ocean Best Seafood Corporation.
Shantou Ruiyuan Industry Co., Ltd.
Shantou Wanya Foods Fty. Co., Ltd.
Shantou Yuexing Enterprise Company.
Thai Royal Frozen Food Zhanjiang Co., Ltd.
Xiamen Granda Import and Export Co., Ltd.
Yangjiang Dawu Aquatic Products Co., Ltd.
Yangjiang Haina Datong Trading Co.
Yantai Wei Cheng Food Co., Ltd.
Yantai Wei-Cheng Food Co., Ltd.
Zhangzhou Donghao Seafoods Co., Ltd.
Zhangzhou Xinwanya Aquatic Product Co., Ltd.
Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd.
Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd.
Zhanjiang Fuchang Aquatic Products Freezing Plant.
[[Page 83894]]
Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
Zhanjiang Newpro Foods Co., Ltd.
Zhanjiang Universal Seafood Corp.
Zhaoan Yangli Aquatic Co., Ltd.
Zhejiang Xinwang Foodstuffs Co., Ltd.
Zhoushan Genho Food Co., Ltd.
Zhoushan Green Food Co., Ltd.
[FR Doc. 2020-28402 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P
