Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 15195-15198 [2021-05874]
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
written description of the merchandise is
dispositive.
DEPARTMENT OF COMMERCE
International Trade Administration
Appendix II
[A–570–893]
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Countervailability of the
Export Buyer’s Credits Program
Comment 2: Countervailability of the
Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Program
Comment 3: Whether a Basis Exists for
Commerce to Countervail ‘‘Other’’
Subsidies
Comment 4: Whether to Apply Total
Adverse Facts Available to Wuyi Xilinde
Concerning the Provision of Cold-Rolled
Steel (CRS) for LTAR Program
Comment 5: Whether Commerce Should
Adjust the Inland Freight Rate Used in
Wuyi Xilinde’s Benefit Calculation
under the Provision of CRS from LTAR
Program
Comment 6: Whether Commerce Should
Adjust the Benchmark Interest Rate Used
to Measure the Benefit to Wuyi Xilinde
Under the Policy Loans to the NonRefillable Steel Industry Program
Comment 7: Whether Commerce Used an
Incorrect Benefit Amount in the Net
Subsidy Rate Calculations for Wuyi
Xilinde Under the Subsidy to Loan
Interests for Shanghai Cooperative
Enterprise and Subsidy to
Unemployment Insurance Payment
Programs
Comment 8: Whether Commerce Should
Revise the Benefit Calculation for Wuyi
Xilinde Under the Income Tax
Deductions for Research and
Development Expenses Program
Comment 9: Whether Commerce
Committed a Ministerial Error in Wuyi
Xilinde’s Benefit Calculation for the
Policy Loans to the Non-Refillable
Containers Industry Program
Comment 10: Whether Commerce
Committed a Ministerial Error in Wuyi
Xilinde’s Benefit Calculation for the
Export Oriented Grants Program
IX. Calculation of All-Others Rate
X. Recommendation
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Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that four exporters of certain frozen
warmwater shrimp (shrimp) from the
People’s Republic of China (China) had
no shipments during the period of
review (POR), February 1, 2019, through
January 31, 2020. Commerce also
preliminarily determines that the 125
remaining companies subject to this
review are part of the China-wide entity
because they failed to demonstrate their
eligibility for separate rates.
DATES: Applicable March 22, 2021.
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:
AGENCY:
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 shrimp from China for 129 1
producers/exporters.2 Subsequently, we
1 In determining this number, we treated two
company groups as single entities. These groups
are: (1) Allied Pacific Aquatic Products (Zhanjiang)
Co., Ltd./Allied Pacific Food (Dalian) Co., Ltd./
Allied Pacific (HK) Co., Ltd. (collectively, Allied
Pacific) and Shantou Red Garden Food Processing
Co., Ltd./Shantou Red Garden Foodstuff Co., Ltd.
(collectively, Shantou Red Garden Foods). For
further discussion, see Certain Frozen Warmwater
Shrimp from the People’s Republic of China and
Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Notice of
Implementation of Determinations Under Section
129 of the Uruguay Round Agreements Act and
Partial Revocation of the Antidumping Duty Orders,
78 FR 18958, 18959 (March 28, 2013) (Exclusion
Notice); and 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,
85 FR 83891 (December 23, 2020) and
accompanying Issues and Decision Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020) (Initiation Notice). On May 6,
2020, Commerce made a correction to the Initiation
Notice because two companies were inadvertently
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15195
released U.S. Customs and Border
Protection (CBP) data to interested
parties for comment.3 We received
comments from the petitioner 4 and an
additional domestic interested party, the
American Shrimp Processors
Association (ASPA).5
We received timely certifications from
the following exporters that they had
not shipped subject merchandise or had
not shipped subject merchandise
produced by any other entity during the
POR: (1) Allied Pacific; 6 (2) Shantou
Red Garden Foods; 7 (3) Zhangzhou
Hongwei Foods Co., Ltd. (Zhangzhou
Hongwei); 8 and (4) Zhanjiang Guolian
Aquatic Products Co., Ltd. (Zhanjiang
Guolian).9 We did not receive a noshipment statement, separate rate
application (SRA), or separate rate
certificate (SRC) from any other
company subject to this review.
Subsequently, CBP confirmed that each
of the exporters identified above made
no shipments of subject merchandise to
the United States during the POR.10
combined on a single line; see Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020).
3 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated April 15, 2020.
4 The petitioner is the Ad Hoc Shrimp Trade
Action Committee. See Petitioner’s Letter, ‘‘Certain
Frozen Warmwater Shrimp from the People’s
Republic of China: Comments on Respondent
Selection,’’ dated April 22, 2020.
5 See ASPA’s Letter, ‘‘Certain Frozen Warmwater
Shrimp from China: ASPA’s Comments on CBP
Data,’’ dated April 22, 2020.
6 Allied Pacific is excluded from the order with
respect to merchandise exported by Allied Pacific
(HK) Co., Ltd., or Allied Pacific Food (Dalian) Co.,
Ltd., and manufactured by Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd., or Allied Pacific
Aquatic Products (Zhongshan) Co., Ltd., or Allied
Pacific Food (Dalian) Co., Ltd. See Exclusion
Notice, 78 FR at 18959. Allied Pacific submitted a
no shipment certification for exports outside the
above combination. See Allied Pacific’s Letter,
‘‘Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Notice of No
Shipments,’’ dated April 27, 2020.
7 See Shantou Red Garden Food’s Letter, ‘‘Frozen
Warmwater Shrimp from the People’s Republic of
China; Certification of No Sales,’’ dated April 28,
2020. These exporters were inadvertently listed as
separate entities in the Initiation Notice.
8 See Zhangzhou Hongwei’s Letter, ‘‘Frozen
Warmwater Shrimp from the PRC; A–570–893; No
Shipment Certification and Comment on
Shipments,’’ dated May 7, 2020.
9 Zhanjiang Guolian is excluded from the order
with respect to merchandise produced and exported
byZhanjiang Guolian. 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, 5152 (February 1, 2005).
Zhanjiang Guolian submitted a no shipment
certification for exports outside the above
combination. See Zhanjiang Guolian’s Letter,
‘‘Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Notice of No
Shipments,’’ dated May 15, 2020.
10 See Memoranda, ‘‘Certain Frozen Warmwater
Shrimp from the People’s Republic of China (A–
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
On April 24, 2020, Commerce
exercised its discretion to toll
administrative review deadlines by 50
days.11 On July 21, 2020, Commerce
exercised its discretion to toll
administrative review deadlines by an
additional 60 days.12 Finally, on
January 13, 2021, Commerce determined
that it was not practicable to complete
the preliminary results by the current
deadline and extended the time limit by
an additional 62 days.13 The revised
deadline for the preliminary results of
this review is now April 21, 2021.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.15 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, and we
did not self-initiate a review, the Chinawide entity rate (i.e., 112.81 percent) is
not subject to change as a result of this
review.16
Scope of the Order
Public Comment
In accordance with 19 CFR
351.309(c), case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of these
preliminary results, unless the Secretary
alters the time limit. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.17 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
The products covered by this order
are shrimp from China. For a complete
description of the scope, see Appendix
II.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213.
Preliminary Determination of No
Shipments
Based on the available record
information, Commerce preliminarily
determines that Allied Pacific, Shantou
Red Garden Foods, Zhangzhou
Hongwei, and Zhanjiang Guolian had no
shipments during the POR. Consistent
with our assessment practice in nonmarket economy administrative reviews,
Commerce is not rescinding this review
for Allied Pacific, Shantou Red Garden
Foods, Zhangzhou Hongwei, and
Zhanjiang Guolian, but intends to
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.14
Separate Rates
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Because 125 companies under review
did not submit an SRA or SRC,
Commerce preliminarily determines
that these companies have not
demonstrated their eligibility for a
separate rate. See Appendix I.
570–893),’’ dated July 17, 2020, July 21, 2020, and
August 5,.
11 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated April 24, 2020.
12 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
13 See Memorandum, ‘‘Frozen Warmwater
Shrimp from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review, 2019–
2020,’’ dated January 13, 2021.
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694–95 (October 24, 2011); see also the
‘‘Assessment Rates’’ section, below.
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15 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).
16 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).
17 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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issues raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.19 Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP shall assess, antidumping
duties on all appropriate entries of
subject merchandise covered by this
review.20 We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the companies
under review that we determine in the
final results to be part of the China-wide
entity at the China-wide rate of 112.81
percent. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For
previously-investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (2) for
all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate
(including the companies listed in
19 See
20 See
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19 CFR 351.310(d).
19 CFR 351.212(b)(1).
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
Appendix I), the cash deposit rate will
be that for the China-wide entity (i.e.,
112.81 percent); and (3) for all nonChinese exporters of subject
merchandise which have not received
their own 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 reminder
to importers of their responsibility
under 19 CFR 315.402(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.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: March 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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Appendix I—List of Companies
Preliminarily Determined To Be Part of
the China-Wide Entity
1. Anhui Fuhuang Sungem Foodstuff Group
Co., Ltd.
2. Asian Seafoods (Zhanjiang) Co., Ltd.
3. Beihai Anbang Seafood Co., Ltd.
4. Beihai Boston Frozen Food Co., Ltd.
5. Beihai Tianwei Aquatic Food Co. Ltd.
6. Changli Luquan Aquatic Products Co., Ltd.
7. Chengda Development Co. Ltd.
8. Dalian Beauty Seafood Company Ltd.
9. Dalian Changfeng Food Co., Ltd.
10. Dalian Guofu Aquatic Products and Food
Co., Ltd.
11. Dalian Haiqing Food Co., Ltd.
12. Dalian Hengtai Foods Co., Ltd.
13. Dalian Home Sea International Trading
Co., Ltd.
14. Dalian Philica International Trade Co.,
Ltd.
15. Dalian Philica Supply Chain Management
Co., Ltd.
16. Dalian Rich Enterprise Group Co., Ltd.
17. Dalian Shanhai Seafood Co., Ltd.
18. Dalian Sunrise Foodstuffs Co., Ltd.
19. Dalian Taiyang Aquatic Products Co., Ltd.
20. Dandong Taihong Foodstuff Co., Ltd
21. Dongwei Aquatic Products (Zhangzhou)
Co., Ltd.
22. Ferrero Food
23. Food Processing Co., Ltd.
24. Fujian Chaohui Aquatic Food Co., Ltd.
25. Fujian Chaohui Group
26. Fujian Chaohui International Trading Co.,
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27. Fujian Dongshan County Shunfa Aquatic
Product Co., Ltd.
28. Fujian Dongwei Food Co., Ltd.
29. Fujian Dongya Aquatic Products Co., Ltd.
30. Fujian Fuding Seagull Fishing Food Co.,
Ltd.
31. Fujian Hainason Trading Co., Ltd.
32. Fujian Haohui Import & Export Co., Ltd.
33. Fujian Hongao Trade Development Co.
34. Fujian R & J Group Ltd.
35. Fujian Rongjiang Import and Export Co.,
Ltd.
36. Fujian Zhaoan Haili Aquatic Co., Ltd.
37. Fuqing Chaohui Aquatic Food Co., Ltd.
38. Fuqing Dongwei Aquatic Products
Industry Co., Ltd.
39. Fuqing Longhua Aquatic Food Co., Ltd.
40. Fuqing Minhua Trade Co., Ltd.
41. Fuqing Yihua Aquatic Food Co., Ltd.
42. Gallant Ocean Group
43. Guangdong Foodstuffs Import & Export
(Group) Corporation
44. Guangdong Gourmet Aquatic Products
Co., Ltd.
45. Guangdong Jinhang Foods Co., Ltd.
46. Guangdong Rainbow Aquatic
Development
47. Guangdong Shunxin Marine Fishery
Group Co., Ltd.
48. Guangdong Taizhou Import & Export
Trade Co., Ltd.
49. Guangdong Universal Aquatic Food Co.
Ltd.
50. Guangdong Wanshida Holding Corp.
51. Guangdong Wanya Foods Fty. Co., Ltd.
52. HaiLi Aquatic Product Co., Ltd.
53. Hainan Brich Aquatic Products Co., Ltd.
54. Hainan Golden Spring Foods Co., Ltd.
55. Hainan Qinfu Foods Co., Ltd.
56. Hainan Xintaisheng Industry Co., Ltd.
57. Huazhou Xinhai Aquatic Products Co.
Ltd.
58. Kuehne Nagel Ltd. Xiamen Branch
59. Leizhou Bei Bu Wan Sea Products Co.,
Ltd.
60. Longhai Gelin Foods Co., Ltd.
61. Maoming Xinzhou Seafood Co., Ltd.
62. New Continent Foods Co., Ltd.
63. Ningbo Prolar Global Co., Ltd.
64. North Seafood Group Co.
65. Pacific Andes Food Ltd.
66. Penglai Huiyang Foodstuff Co., Ltd.
67. Penglai Yuming Foodstuff Co., Ltd.
68. Qingdao Free Trade Zone Sentaida
69. Qingdao Fusheng Foodstuffs Co., Ltd.
70. Qingdao Yihexing Foods Co., Ltd.
71. Qingdao Yize Food Co., Ltd.
72. Qingdao Zhongfu International
73. Qinhuangdao Gangwan Aquatic Products
Co., Ltd.
74. Rizhao Meijia Aquatic Foodstuff Co., Ltd.
75. Rizhao Meijia Keyuan Foods Co. Ltd.
76. Rizhao Rongxing Co. Ltd.
77. Rizhao Smart Foods Company Limited
78. Rongcheng Yinhai Aquatic Product Co.,
Ltd.
79. Rushan Chunjiangyuan Foodstuffs Co.,
Ltd.
80. Rushan Hengbo Aquatic Products Co.,
Ltd.
81. Savvy Seafood Inc.
82. Sea Trade International Inc.
83. Shanghai Zhoulian Foods Co., Ltd.
84. Shantou Freezing Aquatic Product
Foodstuffs Co.
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85. Shantou Haili Aquatic Product Co. Ltd.
86. Shantou Haimao Foodstuff Factory Co.,
Ltd.
87. Shantou Jiazhou Food Industrial Co., Ltd.
88. Shantou Jintai Aquatic Product Industrial
Co., Ltd.
89. Shantou Longsheng Aquatic Product
Foodstuff Co., Ltd.
90. Shantou Ocean Best Seafood Corporation
91. Shantou Ruiyuan Industry Co., Ltd.
92. Shantou Wanya Foods Fty. Co., Ltd.
93. Shantou Yuexing Enterprise Company
94. Shengyuan Aquatic Food Co., Ltd.
95. Suizhong Tieshan Food Co., Ltd.
96. Thai Royal Frozen Food Zhanjiang Co.,
Ltd.
97. Tongwei Hainan Aquatic Products Co.,
Ltd.
98. Xiamen East Ocean Foods Co., Ltd.
99. Xiamen Granda Import and Export Co.,
Ltd.
100. Yangjiang Dawu Aquatic Products Co.,
Ltd.
101. Yangjiang Guolian Seafood Co., Ltd.
102. Yangjiang Haina Datong Trading Co.
103. Yantai Longda Foodstuffs Co., Ltd.
104. Yantai Tedfoods Co., Ltd.
105. Yantai Wei Cheng Food Co., Ltd.
106. Yantai Wei-Cheng Food Co., Ltd.
107. Yixing Magnolia Garment Co., Ltd.
108. Zhangzhou Donghao Seafoods Co., Ltd.
109. Zhangzhou Xinhui Foods Co., Ltd.
110. Zhangzhou Xinwanya Aquatic Product
Co., Ltd.
111. Zhangzhou Yanfeng Aquatic Product &
Foodstuff Co., Ltd.
112. Zhanjiang Evergreen Aquatic Product
Science and Technology Co., Ltd.
113. Zhanjiang Fuchang Aquatic Products
Co., Ltd.
114. Zhanjiang Fuchang Aquatic Products
Freezing Plant
115. Zhanjiang Longwei Aquatic Products
Industry Co., Ltd.
116. Zhanjiang Newpro Foods Co., Ltd.
117. Zhanjiang Regal Integrated Marine
Resources Co., Ltd.
118. Zhanjiang Universal Seafood Corp.
119. Zhaoan Yangli Aquatic Co., Ltd.
120. Zhejiang Evernew Seafood Co.
121. Zhejiang Xinwang Foodstuffs Co., Ltd.
122. Zhoushan Genho Food Co., Ltd.
123. Zhoushan Green Food Co., Ltd.
124. Zhoushan Haizhou Aquatic Products
125. Zhuanghe Yongchun Marine Products
Appendix II—Scope of the 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,21 deveined or not deveined, cooked
or raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and prawn
products included in the scope of the order,
regardless of definitions in the harmonized
tariff schedule (HTS), are products which are
processed from warmwater shrimp and
prawns through freezing and which are sold
in any count size.
The products described above may be
processed from any species of warmwater
21 ‘‘Tails’’ in this context means the tail fan,
which includes the telson and the uropods.
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shrimp and prawns. Warmwater shrimp and
prawns are generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild caught
warmwater species include, but are not
limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris),
southern white shrimp (Penaeus schmitti),
blue shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis), and
Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed
with marinade, spices or sauce are included
in the scope of the order. In addition, food
preparations, which are not ‘‘prepared
meals,’’ that contain more than 20 percent by
weight of shrimp or prawn are also included
in the scope of the order.
Excluded from the scope are: (1) Breaded
shrimp and prawns (HTS subheading
1605.20.1020); (2) shrimp and prawns
generally classified in the Pandalidae family
and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh
shrimp and prawns whether shell on or
peeled (HTS subheadings 0306.23.0020 and
0306.23.0040); (4) shrimp and prawns in
prepared meals (HTS subheading
1605.20.0510); (5) dried shrimp and prawns;
(6) Lee Kum Kee’s shrimp sauce; (7) canned
warmwater shrimp and prawns (HTS
subheading 1605.20.1040); and (8) certain
battered shrimp. Battered shrimp is a shrimpbased product: (1) That is produced from
fresh (or thawed-from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer of rice
or wheat flour of at least 95 percent purity
has been applied; (3) with the entire surface
of the shrimp flesh thoroughly and evenly
coated with the flour; (4) with the nonshrimp content of the end product
constituting between four and 10 percent of
the product’s total weight after being dusted,
but prior to being frozen; and (5) that is
subjected to individually quick frozen
(‘‘IQF’’) freezing immediately after
application of the dusting layer. When
dusted in accordance with the definition of
dusting above, the battered shrimp product is
also coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by this order are
currently classified under the following HTS
subheadings: 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. These HTS subheadings
are provided for convenience and for
customs purposes only; the written
description of the scope of this order is
dispositive.22
[FR Doc. 2021–05874 Filed 3–19–21; 8:45 am]
BILLING CODE 3510–DS–P
22 On
April 26, 2011, Commerce amended the
Order to include dusted shrimp, pursuant to the
U.S. Court of International Trade (CIT) decision in
VerDate Sep<11>2014
18:46 Mar 19, 2021
Jkt 253001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Atlantic Highly Migratory
Species Vessel and Gear Marking
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before May 21, 2021.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at Adrienne.thomas@noaa.gov. Please
reference OMB Control Number 0648–
0373 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Clifford
Hutt, Fishery Management Specialist,
NOAA Fisheries Highly Migratory
Species Management Division, 1315
East-West Highway, SSMC3, Silver
Spring, MD 20910; 301–427–8542; or
cliff.hutt@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission
determination, which found the domestic like
product to include dusted shrimp. See Certain
Frozen Warmwater Shrimp from Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final
Court Decision, 76 FR 23277 (April 26, 2011); see
also Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
I. Abstract
This request is for an extension of a
current information collection. These
requirements apply to vessel owners in
the Atlantic highly migratory species
(HMS) Fishery.
Under current regulations at 50 CFR
635.6, fishing vessels permitted for
Atlantic HMS fisheries must display
their official vessel numbers on their
vessels. Flotation devices and highflyers attached to certain fishing gears
must also be marked with the vessel’s
official number to identify the vessel to
which the gear belongs. These
requirements are necessary for
identification, law enforcement, and
monitoring purposes.
Specifically, all vessel owners that
hold a valid Atlantic HMS permit under
50 CFR 635.4, other than an Atlantic
HMS Angling permit, are required to
display their official vessel
identification number. Numbers in
block Arabic numerals in a contrasting
color to the background must be
permanently affixed to, or painted on,
the port and starboard sides of the
deckhouse or hull and on an
appropriate weather deck, so as to be
clearly visible from an enforcement
vessel or aircraft. The numbers must be
at least 18 inches (45.7 cm) in height for
vessels over 65 ft (19.8 m) in length; at
least 10 inches (25.4 cm) in height for
all other vessels over 25 ft (7.6 m) in
length; and at least 3 inches (7.6 cm) in
height for vessels 25 ft (7.6 m) in length
or less.
Furthermore, the owner or operator of
a vessel for which a permit has been
issued under § 635.4 and that uses
handline, buoy gear, harpoon, longline,
or gillnet, must display the vessel’s
name, registration number or Atlantic
Tunas, Atlantic HMS Angling, or
Atlantic HMS Charter/Headboat permit
number on each float attached to a
handline, buoy gear, or harpoon, and on
the terminal floats and high-flyers (if
applicable) on a longline or gillnet used
by the vessel. The vessel’s name or
number must be at least 1 inch (2.5 cm)
in height in block letters or Arabic
numerals in a color that contrasts with
the background color of the float or
high-flyer.
II. Method of Collection
There is no form or information
collected under this requirement.
Official vessel numbers issued to vessel
operators are marked on the vessel and
on flotation gear, if applicable.
III. Data
OMB Control Number: 0648–0373.
Form Number(s): None.
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15195-15198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05874]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that four exporters of certain frozen warmwater shrimp (shrimp) from
the People's Republic of China (China) had no shipments during the
period of review (POR), February 1, 2019, through January 31, 2020.
Commerce also preliminarily determines that the 125 remaining companies
subject to this review are part of the China-wide entity because they
failed to demonstrate their eligibility for separate rates.
DATES: Applicable March 22, 2021.
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
On April 8, 2020, Commerce published in the Federal Register a
notice of initiation of an administrative review of the antidumping
duty order on shrimp from China for 129 \1\ producers/exporters.\2\
Subsequently, we released U.S. Customs and Border Protection (CBP) data
to interested parties for comment.\3\ We received comments from the
petitioner \4\ and an additional domestic interested party, the
American Shrimp Processors Association (ASPA).\5\
---------------------------------------------------------------------------
\1\ In determining this number, we treated two company groups as
single entities. These groups are: (1) Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd./Allied Pacific Food (Dalian) Co.,
Ltd./Allied Pacific (HK) Co., Ltd. (collectively, Allied Pacific)
and Shantou Red Garden Food Processing Co., Ltd./Shantou Red Garden
Foodstuff Co., Ltd. (collectively, Shantou Red Garden Foods). For
further discussion, see Certain Frozen Warmwater Shrimp from the
People's Republic of China and Diamond Sawblades and Parts Thereof
from the People's Republic of China: Notice of Implementation of
Determinations Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958,
18959 (March 28, 2013) (Exclusion Notice); and 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, 85 FR 83891 (December 23, 2020) and
accompanying Issues and Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020) (Initiation
Notice). On May 6, 2020, Commerce made a correction to the
Initiation Notice because two companies were inadvertently combined
on a single line; see Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 85 FR 26931 (May 6, 2020).
\3\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated April 15, 2020.
\4\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
See Petitioner's Letter, ``Certain Frozen Warmwater Shrimp from the
People's Republic of China: Comments on Respondent Selection,''
dated April 22, 2020.
\5\ See ASPA's Letter, ``Certain Frozen Warmwater Shrimp from
China: ASPA's Comments on CBP Data,'' dated April 22, 2020.
---------------------------------------------------------------------------
We received timely certifications from the following exporters that
they had not shipped subject merchandise or had not shipped subject
merchandise produced by any other entity during the POR: (1) Allied
Pacific; \6\ (2) Shantou Red Garden Foods; \7\ (3) Zhangzhou Hongwei
Foods Co., Ltd. (Zhangzhou Hongwei); \8\ and (4) Zhanjiang Guolian
Aquatic Products Co., Ltd. (Zhanjiang Guolian).\9\ We did not receive a
no-shipment statement, separate rate application (SRA), or separate
rate certificate (SRC) from any other company subject to this review.
Subsequently, CBP confirmed that each of the exporters identified above
made no shipments of subject merchandise to the United States during
the POR.\10\
---------------------------------------------------------------------------
\6\ Allied Pacific is excluded from the order with respect to
merchandise exported by Allied Pacific (HK) Co., Ltd., or Allied
Pacific Food (Dalian) Co., Ltd., and manufactured by Allied Pacific
Aquatic Products (Zhanjiang) Co., Ltd., or Allied Pacific Aquatic
Products (Zhongshan) Co., Ltd., or Allied Pacific Food (Dalian) Co.,
Ltd. See Exclusion Notice, 78 FR at 18959. Allied Pacific submitted
a no shipment certification for exports outside the above
combination. See Allied Pacific's Letter, ``Certain Frozen Warmwater
Shrimp from the People's Republic of China: Notice of No
Shipments,'' dated April 27, 2020.
\7\ See Shantou Red Garden Food's Letter, ``Frozen Warmwater
Shrimp from the People's Republic of China; Certification of No
Sales,'' dated April 28, 2020. These exporters were inadvertently
listed as separate entities in the Initiation Notice.
\8\ See Zhangzhou Hongwei's Letter, ``Frozen Warmwater Shrimp
from the PRC; A-570-893; No Shipment Certification and Comment on
Shipments,'' dated May 7, 2020.
\9\ Zhanjiang Guolian is excluded from the order with respect to
merchandise produced and exported byZhanjiang Guolian. 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, 5152 (February 1, 2005).
Zhanjiang Guolian submitted a no shipment certification for exports
outside the above combination. See Zhanjiang Guolian's Letter,
``Certain Frozen Warmwater Shrimp from the People's Republic of
China: Notice of No Shipments,'' dated May 15, 2020.
\10\ See Memoranda, ``Certain Frozen Warmwater Shrimp from the
People's Republic of China (A-570-893),'' dated July 17, 2020, July
21, 2020, and August 5,.
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[[Page 15196]]
On April 24, 2020, Commerce exercised its discretion to toll
administrative review deadlines by 50 days.\11\ On July 21, 2020,
Commerce exercised its discretion to toll administrative review
deadlines by an additional 60 days.\12\ Finally, on January 13, 2021,
Commerce determined that it was not practicable to complete the
preliminary results by the current deadline and extended the time limit
by an additional 62 days.\13\ The revised deadline for the preliminary
results of this review is now April 21, 2021.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated April 24, 2020.
\12\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\13\ See Memorandum, ``Frozen Warmwater Shrimp from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated January
13, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are shrimp from China. For a
complete description of the scope, see Appendix II.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Preliminary Determination of No Shipments
Based on the available record information, Commerce preliminarily
determines that Allied Pacific, Shantou Red Garden Foods, Zhangzhou
Hongwei, and Zhanjiang Guolian had no shipments during the POR.
Consistent with our assessment practice in non-market economy
administrative reviews, Commerce is not rescinding this review for
Allied Pacific, Shantou Red Garden Foods, Zhangzhou Hongwei, and
Zhanjiang Guolian, but intends to complete the review and issue
appropriate instructions to CBP based on the final results of the
review.\14\
---------------------------------------------------------------------------
\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694-95 (October 24, 2011); see also
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Separate Rates
Because 125 companies under review did not submit an SRA or SRC,
Commerce preliminarily determines that these companies have not
demonstrated their eligibility for a separate rate. See Appendix I.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\15\ 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,
and we did not self-initiate a review, the China-wide entity rate
(i.e., 112.81 percent) is not subject to change as a result of this
review.\16\
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\15\ 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).
\16\ 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).
---------------------------------------------------------------------------
Public Comment
In accordance with 19 CFR 351.309(c), case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than 30 days after the date of publication of
these preliminary results, unless the Secretary alters the time limit.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\17\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. Issues raised in the hearing will be
limited to issues raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a date and time to be determined.\19\ Parties should confirm the
date and time of the hearing two days before the scheduled date.
Parties are reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\20\ We intend to
instruct CBP to liquidate entries containing subject merchandise
exported by the companies under review that we determine in the final
results to be part of the China-wide entity at the China-wide rate of
112.81 percent. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
---------------------------------------------------------------------------
\20\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For previously-investigated or
reviewed Chinese and non-Chinese exporters not listed above that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (2) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate (including the
companies listed in
[[Page 15197]]
Appendix I), the cash deposit rate will be that for the China-wide
entity (i.e., 112.81 percent); and (3) for all non-Chinese exporters of
subject merchandise which have not received their own 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 reminder to importers of their
responsibility under 19 CFR 315.402(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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: March 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Companies Preliminarily Determined To Be Part of
the China-Wide Entity
1. Anhui Fuhuang Sungem Foodstuff Group Co., Ltd.
2. Asian Seafoods (Zhanjiang) Co., Ltd.
3. Beihai Anbang Seafood Co., Ltd.
4. Beihai Boston Frozen Food Co., Ltd.
5. Beihai Tianwei Aquatic Food Co. Ltd.
6. Changli Luquan Aquatic Products Co., Ltd.
7. Chengda Development Co. Ltd.
8. Dalian Beauty Seafood Company Ltd.
9. Dalian Changfeng Food Co., Ltd.
10. Dalian Guofu Aquatic Products and Food Co., Ltd.
11. Dalian Haiqing Food Co., Ltd.
12. Dalian Hengtai Foods Co., Ltd.
13. Dalian Home Sea International Trading Co., Ltd.
14. Dalian Philica International Trade Co., Ltd.
15. Dalian Philica Supply Chain Management Co., Ltd.
16. Dalian Rich Enterprise Group Co., Ltd.
17. Dalian Shanhai Seafood Co., Ltd.
18. Dalian Sunrise Foodstuffs Co., Ltd.
19. Dalian Taiyang Aquatic Products Co., Ltd.
20. Dandong Taihong Foodstuff Co., Ltd
21. Dongwei Aquatic Products (Zhangzhou) Co., Ltd.
22. Ferrero Food
23. Food Processing Co., Ltd.
24. Fujian Chaohui Aquatic Food Co., Ltd.
25. Fujian Chaohui Group
26. Fujian Chaohui International Trading Co., Ltd.
27. Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
28. Fujian Dongwei Food Co., Ltd.
29. Fujian Dongya Aquatic Products Co., Ltd.
30. Fujian Fuding Seagull Fishing Food Co., Ltd.
31. Fujian Hainason Trading Co., Ltd.
32. Fujian Haohui Import & Export Co., Ltd.
33. Fujian Hongao Trade Development Co.
34. Fujian R & J Group Ltd.
35. Fujian Rongjiang Import and Export Co., Ltd.
36. Fujian Zhaoan Haili Aquatic Co., Ltd.
37. Fuqing Chaohui Aquatic Food Co., Ltd.
38. Fuqing Dongwei Aquatic Products Industry Co., Ltd.
39. Fuqing Longhua Aquatic Food Co., Ltd.
40. Fuqing Minhua Trade Co., Ltd.
41. Fuqing Yihua Aquatic Food Co., Ltd.
42. Gallant Ocean Group
43. Guangdong Foodstuffs Import & Export (Group) Corporation
44. Guangdong Gourmet Aquatic Products Co., Ltd.
45. Guangdong Jinhang Foods Co., Ltd.
46. Guangdong Rainbow Aquatic Development
47. Guangdong Shunxin Marine Fishery Group Co., Ltd.
48. Guangdong Taizhou Import & Export Trade Co., Ltd.
49. Guangdong Universal Aquatic Food Co. Ltd.
50. Guangdong Wanshida Holding Corp.
51. Guangdong Wanya Foods Fty. Co., Ltd.
52. HaiLi Aquatic Product Co., Ltd.
53. Hainan Brich Aquatic Products Co., Ltd.
54. Hainan Golden Spring Foods Co., Ltd.
55. Hainan Qinfu Foods Co., Ltd.
56. Hainan Xintaisheng Industry Co., Ltd.
57. Huazhou Xinhai Aquatic Products Co. Ltd.
58. Kuehne Nagel Ltd. Xiamen Branch
59. Leizhou Bei Bu Wan Sea Products Co., Ltd.
60. Longhai Gelin Foods Co., Ltd.
61. Maoming Xinzhou Seafood Co., Ltd.
62. New Continent Foods Co., Ltd.
63. Ningbo Prolar Global Co., Ltd.
64. North Seafood Group Co.
65. Pacific Andes Food Ltd.
66. Penglai Huiyang Foodstuff Co., Ltd.
67. Penglai Yuming Foodstuff Co., Ltd.
68. Qingdao Free Trade Zone Sentaida
69. Qingdao Fusheng Foodstuffs Co., Ltd.
70. Qingdao Yihexing Foods Co., Ltd.
71. Qingdao Yize Food Co., Ltd.
72. Qingdao Zhongfu International
73. Qinhuangdao Gangwan Aquatic Products Co., Ltd.
74. Rizhao Meijia Aquatic Foodstuff Co., Ltd.
75. Rizhao Meijia Keyuan Foods Co. Ltd.
76. Rizhao Rongxing Co. Ltd.
77. Rizhao Smart Foods Company Limited
78. Rongcheng Yinhai Aquatic Product Co., Ltd.
79. Rushan Chunjiangyuan Foodstuffs Co., Ltd.
80. Rushan Hengbo Aquatic Products Co., Ltd.
81. Savvy Seafood Inc.
82. Sea Trade International Inc.
83. Shanghai Zhoulian Foods Co., Ltd.
84. Shantou Freezing Aquatic Product Foodstuffs Co.
85. Shantou Haili Aquatic Product Co. Ltd.
86. Shantou Haimao Foodstuff Factory Co., Ltd.
87. Shantou Jiazhou Food Industrial Co., Ltd.
88. Shantou Jintai Aquatic Product Industrial Co., Ltd.
89. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
90. Shantou Ocean Best Seafood Corporation
91. Shantou Ruiyuan Industry Co., Ltd.
92. Shantou Wanya Foods Fty. Co., Ltd.
93. Shantou Yuexing Enterprise Company
94. Shengyuan Aquatic Food Co., Ltd.
95. Suizhong Tieshan Food Co., Ltd.
96. Thai Royal Frozen Food Zhanjiang Co., Ltd.
97. Tongwei Hainan Aquatic Products Co., Ltd.
98. Xiamen East Ocean Foods Co., Ltd.
99. Xiamen Granda Import and Export Co., Ltd.
100. Yangjiang Dawu Aquatic Products Co., Ltd.
101. Yangjiang Guolian Seafood Co., Ltd.
102. Yangjiang Haina Datong Trading Co.
103. Yantai Longda Foodstuffs Co., Ltd.
104. Yantai Tedfoods Co., Ltd.
105. Yantai Wei Cheng Food Co., Ltd.
106. Yantai Wei-Cheng Food Co., Ltd.
107. Yixing Magnolia Garment Co., Ltd.
108. Zhangzhou Donghao Seafoods Co., Ltd.
109. Zhangzhou Xinhui Foods Co., Ltd.
110. Zhangzhou Xinwanya Aquatic Product Co., Ltd.
111. Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd.
112. Zhanjiang Evergreen Aquatic Product Science and Technology Co.,
Ltd.
113. Zhanjiang Fuchang Aquatic Products Co., Ltd.
114. Zhanjiang Fuchang Aquatic Products Freezing Plant
115. Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
116. Zhanjiang Newpro Foods Co., Ltd.
117. Zhanjiang Regal Integrated Marine Resources Co., Ltd.
118. Zhanjiang Universal Seafood Corp.
119. Zhaoan Yangli Aquatic Co., Ltd.
120. Zhejiang Evernew Seafood Co.
121. Zhejiang Xinwang Foodstuffs Co., Ltd.
122. Zhoushan Genho Food Co., Ltd.
123. Zhoushan Green Food Co., Ltd.
124. Zhoushan Haizhou Aquatic Products
125. Zhuanghe Yongchun Marine Products
Appendix II--Scope of the 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,\21\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\21\ ``Tails'' in this context means the tail fan, which
includes the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of the order, regardless of definitions in the harmonized
tariff schedule (HTS), are products which are processed from
warmwater shrimp and prawns through freezing and which are sold in
any count size.
The products described above may be processed from any species
of warmwater
[[Page 15198]]
shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild caught warmwater species include,
but are not limited to, white-leg shrimp (Penaeus vannemei), banana
prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant
river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus
monodon), redspotted shrimp (Penaeus brasiliensis), southern brown
shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis),
southern rough shrimp (Trachypenaeus curvirostris), southern white
shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris),
western white shrimp (Penaeus occidentalis), and Indian white prawn
(Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices
or sauce are included in the scope of the order. In addition, food
preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in
the scope of the order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTS
subheading 1605.20.1020); (2) shrimp and prawns generally classified
in the Pandalidae family and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh shrimp and prawns
whether shell on or peeled (HTS subheadings 0306.23.0020 and
0306.23.0040); (4) shrimp and prawns in prepared meals (HTS
subheading 1605.20.0510); (5) dried shrimp and prawns; (6) Lee Kum
Kee's shrimp sauce; (7) canned warmwater shrimp and prawns (HTS
subheading 1605.20.1040); and (8) certain battered shrimp. Battered
shrimp is a shrimp-based product: (1) That is produced from fresh
(or thawed-from-frozen) and peeled shrimp; (2) to which a
``dusting'' layer of rice or wheat flour of at least 95 percent
purity has been applied; (3) with the entire surface of the shrimp
flesh thoroughly and evenly coated with the flour; (4) with the non-
shrimp content of the end product constituting between four and 10
percent of the product's total weight after being dusted, but prior
to being frozen; and (5) that is subjected to individually quick
frozen (``IQF'') freezing immediately after application of the
dusting layer. When dusted in accordance with the definition of
dusting above, the battered shrimp product is also coated with a wet
viscous layer containing egg and/or milk, and par-fried.
The products covered by this order are currently classified
under the following HTS subheadings: 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. These HTS subheadings are provided
for convenience and for customs purposes only; the written
description of the scope of this order is dispositive.\22\
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\22\ On April 26, 2011, Commerce amended the Order to include
dusted shrimp, pursuant to the U.S. Court of International Trade
(CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International
Trade Commission determination, which found the domestic like
product to include dusted shrimp. See Certain Frozen Warmwater
Shrimp from Brazil, India, the People's Republic of China, Thailand,
and the Socialist Republic of Vietnam: Amended Antidumping Duty
Orders in Accordance with Final Court Decision, 76 FR 23277 (April
26, 2011); see also Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos. 731-TA-1063, 1064,
1066-1068 (Review), USITC Publication 4221, March 2011.
[FR Doc. 2021-05874 Filed 3-19-21; 8:45 am]
BILLING CODE 3510-DS-P
