Certain Frozen Warmwater Shrimp From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 33984-33986 [2021-13635]
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33984
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
warrant revocation of the Solar Cells
Orders, in part, with respect to such
panels.
Accordingly, we are notifying the
public of our intent to revoke the Solar
Cells Orders, in part, with respect to the
following off-grid small portable CSPV
panels:
Off-grid CSPV panels in rigid form
with a glass cover, with each of the
following physical characteristics,
whether or not assembled into a fully
completed off-grid hydropanel whose
function is conversion of water vapor
into liquid water:
(A) A total power output of no more
than 80 watts per panel;
(B) A surface area of less than 5,000
square centimeters (cm2) per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the
edges of the panel;
(E) Include a clear glass back panel;
and
(F) Must include a permanently
connected wire that terminates in a twoport rectangular connector.
We will consider comments from
interested parties on these preliminary
results before issuing the final results of
these CCRs.9
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Public Comment
Interested parties are invited to
comment on these preliminary results of
CCRs in accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results in the Federal
Register. Rebuttals to written comments,
limited to issues raised in such
comments, may be filed no later than
seven days after the due date for
comments. All submissions must be
filed electronically using Enforcement
and Compliance’s AD and CVD
Centralized Electronic Service System
(ACCESS).10 An electronically filed
document must be successfully received
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the deadlines set forth
in this notice. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.11
9 See, e.g., Honey Preliminary CCR Results, 77 FR
67790, 67791 (November 14, 2012); Aluminum
Extrusions from the People’s Republic of China:
Preliminary Results of Changed Circumstances
Reviews, and Intent to Revoke Antidumping and
Countervailing Duty Orders in Part, 78 FR 66895
(November 7, 2013); and 19 CFR 351.222(g)(3)(v).
10 See generally 19 CFR 351.303.
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and 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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17:39 Jun 25, 2021
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Final Results of the Changed
Circumstances Reviews
Commerce will issue the final results
of these CCRs, which will include its
analysis of any written comments, no
later than 270 days after the date on
which these reviews were initiated.12 If,
in the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Solar Cells Orders, in
part, we will instruct U.S. Customs and
Border Protection (CBP) to liquidate
without regard to antidumping or
countervailing duties, and to refund any
estimated antidumping and
countervailing duties deposited on, all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or an automatic
liquidation instruction to CBP.
The current requirement for cash
deposits of estimated antidumping and
countervailing duties on all entries of
subject merchandise will continue
unless they are modified pursuant to the
final results of these CCRs.
Notification to Interested Parties
These preliminary results of CCRs and
this notice are published in accordance
with sections 751(b) and 777(i) of the
Act and 19 CFR 351.216, 19 CFR
351.221(c)(3), and 19 CFR 351.222.
Dated: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–13731 Filed 6–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of certain frozen warmwater
shrimp (shrimp) from Thailand have
been made below normal value during
the period of review (POR), February 1,
2019, through January 31, 2020. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable June 28, 2021.
AGENCY:
12 See
PO 00000
19 CFR 351.216(e).
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FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2185.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on shrimp from
Thailand.1 On February 3, 2020,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 The notice of initiation of this
administrative review was published on
April 8, 2020.3 On July 7, 2020,
Commerce selected two mandatory
respondents for individual examination:
(1) Kongphop Frozen Food Co., Ltd.;
and (2) Thai Union Group Public Co.,
Ltd./Thai Union Seafood Co., Ltd./
Pakfood Public Company Limited/Asia
Pacific (Thailand) Co., Ltd./Chaophraya
Cold Storage Co., Ltd./Okeanos Co.,
Ltd./Okeanos Food Co., Ltd./Takzin
Samut Co., Ltd. (collectively, Thai
Union).4 On April 24, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days.5 On July 21, 2020,
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from Thailand, 70 FR 5145 (February 1, 2005)
(Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 5938
(February 3, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
4 See Memorandum, ‘‘Selection of Respondents
for Individual Review,’’ dated July 7, 2020. In the
2012–2013 administrative review, as noted in that
memorandum, Commerce previously found that the
following companies comprised a single entity:
Thai Union Frozen Products Public Co. Ltd.; Thai
Union Seafood Co., Ltd. (TUS); Pakfood Public
Company Limited; Asia Pacific (Thailand) Co., Ltd.;
Chaophraya Cold Storage Co., Ltd.; Okeanos Co.,
Ltd.; Okeanos Food Co., Ltd. (OKF); and Takzin
Samut Co., Ltd. (collectively, Thai Union). See
Certain Frozen Warmwater Shrimp from Thailand:
Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and
Partial Rescission of Review; 2012–2013, 79 FR
51306, 51306 (August 28, 2014). Further, on January
5, 2016, Commerce found that Thai Union Group
Public Co., Ltd., (TUG) is the successor-in-interest
to Thai Union Frozen Products Public Co., Ltd. See
Notice of Final Results of Antidumping Changes
Circumstances Review: Certain Frozen Warmwater
Shrimp from Thailand, 81 FR 222 (January 5, 2016).
Therefore, we are treating these companies as a
single entity for the purposes of this administrative
review.
5 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.
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
Commerce tolled deadlines in
administrative reviews by an additional
60 days.6 On January 21, 2021,
Commerce extended the deadline for the
preliminary results of this
administrative review until June 18,
2021.7 Also on January 21, 2021,
Commerce rescinded the administrative
review with respect to all companies for
which a review had been requested,
except Thai Union.8 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.9
Scope of the Order
The merchandise subject to the Order
is certain warmwater shrimp and
prawns, whether frozen, 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. The frozen warmwater
shrimp and prawn products included in
the scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
are products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any
count size. The products subject to the
Order are currently classifiable in
HTSUS statistical reporting numbers
0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10.
Although the HTSUS numbers are
provided for convenience and for
of its requirements for serving
documents containing business
proprietary information, until further
Methodology
notice.13 Parties who submit case briefs
Commerce is conducting this review
or rebuttal briefs in this proceeding are
in accordance with section 751(a)(1)(B)
encouraged to submit with each
and (2) of the Tariff Act of 1930, as
argument: (1) A statement of the issue;
amended (the Act). Export price and
(2) a brief summary of the argument;
constructed export price are calculated
and (3) a table of authorities.14 Case and
in accordance with section 772 of the
rebuttal briefs should be filed using
Act. Normal value is calculated in
ACCESS.15
Pursuant to 19 CFR 351.310(c),
accordance with section 773 of the Act.
interested parties who wish to request a
For a full description of the
hearing must submit a written request to
methodology underlying our
the Acting Assistant Secretary for
conclusions, see the Preliminary
Enforcement and Compliance, filed
Decision Memorandum. The
Preliminary Decision Memorandum is a electronically via ACCESS. An
electronically-filed document must be
public document and is on file
received successfully in its entirety by
electronically via Enforcement and
ACCESS by 5:00 p.m. Eastern Time
Compliance’s Antidumping and
within 30 days after the date of
Countervailing Duty Centralized
publication of this notice.16 Hearing
Electronic Service System (ACCESS).
requests should contain: (1) The party’s
ACCESS is available to registered users
at https://access.trade.gov. In addition, a name, address, and telephone number;
(2) the number of participants; and (3)
complete version of the Preliminary
Decision Memorandum can be accessed a list of issues to be discussed. Issues
directly at https://enforcement.trade.gov/ raised in the hearing will be limited to
frn/. A list of the topics discussed in the issues raised in the briefs. If a request
for a hearing is made, parties will be
Preliminary Decision Memorandum is
notified of the time and date for the
attached as an appendix to this notice.
hearing.17
Preliminary Results of the Review
Commerce intends to issue the final
results of this administrative review,
As a result of this review, we
including the results of its analysis
preliminarily determine that the
raised in any written briefs, not later
following weighted-average dumping
than 120 days after the publication date
margin exists for the period February 1,
of this notice, pursuant to section
2019, through January 31, 2020:
751(a)(3)(A) of the Act, unless otherwise
extended.18
Weighted-
customs purposes, the written product
description remains dispositive.10
Exporter/producer
average
dumping
margin
(percent)
Thai Union ............................
6.47
6 See
khammond on DSKJM1Z7X2PROD with NOTICES
Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
7 See Memorandum, ‘‘Extension of Time Limit for
Preliminary Results of 2019–2020 Antidumping
Duty Administrative Review,’’ dated January 21,
2021. However, on June 17, 2021, the President
signed into law the Juneteenth National
Independence Day Act, making June 19 a Federal
holiday. See Juneteenth National Independence Day
Act, S. 475, Public Law 117–17 (2021). Because the
Federal holiday fell on a Saturday, it was observed
on Friday, June 18, 2021. Where a deadline falls on
a weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005). Accordingly, the deadline
for these preliminary results is on June 21, 2021.
8 See Certain Frozen Warmwater Shrimp from
Thailand: Partial Rescission of Antidumping Duty
Administrative Review; 2019–2020, 86 FR 7061
(January 26, 2021).
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
Order on Circular Frozen Warmwater Shrimp from
Thailand,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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17:39 Jun 25, 2021
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33985
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.11
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs and written
comments at a later date. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than seven
days after the time limit for filing case
briefs.12 Commerce has modified certain
10 For a complete description of the scope of the
Order, see Preliminary Decision Memorandum at 4–
5.
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.19
Pursuant to 19 CFR 351.212(b)(1),
because Thai Union reported the
entered value of its U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
18 See section 751(a)(3)(A) of the Act.
19 See 19 CFR 351.212(b).
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khammond on DSKJM1Z7X2PROD with NOTICES
33986
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.20
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).
rate for all other manufacturers or
exporters will continue to be 5.34
percent, the all-others rate made
effective by the Section 129
Determination.21 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
Appendix
The following deposit requirements
will be effective for all shipments of
shrimp from Thailand entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the exporter listed
above will be that established in the
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recentlycompleted segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
20 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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17:39 Jun 25, 2021
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Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f) 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
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–13635 Filed 6–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–842]
Large Residential Washers From
Mexico: Preliminary Results of the
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producer/exporter subject to
AGENCY:
21 See Implementation of the Findings of the WTO
Panel in United States Antidumping Measure on
Shrimp from Thailand: Notice of Determination
Under Section 129 of the Uruguay Round
Agreements Act and Partial Revocation of the
Antidumping Duty Order on Frozen Warmwater
Shrimp from Thailand, 74 FR 5638 (January 30,
2009) (Section 129 Determination).
PO 00000
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this administrative review made sales of
subject merchandise at less than normal
value (NV). Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT:
William Miller, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3908.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2020, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on large
residential washers from Mexico, for
one company, Electrolux Home
Products Corp. N.V. and Electrolux
Home Products de Mexico, S.A. de C.V.
(collectively, Electrolux).1 The period of
review (POR) is February 1, 2019,
through January 31, 2020. 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 In January 2021,
we extended the preliminary results of
this review to no later than June 18,
2021.4 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
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,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Extension of the Deadline
for Preliminary Results of the 2019–2020
Antidumping Duty Administrative Review,’’ dated
January 26, 2021. However, on June 17, 2021, the
President signed into law the Juneteenth National
Independence Day Act, making June 19 a Federal
holiday. See Juneteenth National Independence Day
Act, S. 475, Public Law 117–17 (2021). Because the
Federal holiday fell on a Saturday, it was observed
on Friday, June 18, 2021. Where a deadline falls on
a weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005). Accordingly, the deadline
for these preliminary results is on June 21, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
Order on Large Residential Washers from Mexico,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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]]>Agencies
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33984-33986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13635]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain frozen warmwater shrimp (shrimp) from Thailand
have been made below normal value during the period of review (POR),
February 1, 2019, through January 31, 2020. We invite interested
parties to comment on these preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on shrimp from Thailand.\1\ On February 3, 2020, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ The notice of initiation of this
administrative review was published on April 8, 2020.\3\ On July 7,
2020, Commerce selected two mandatory respondents for individual
examination: (1) Kongphop Frozen Food Co., Ltd.; and (2) Thai Union
Group Public Co., Ltd./Thai Union Seafood Co., Ltd./Pakfood Public
Company Limited/Asia Pacific (Thailand) Co., Ltd./Chaophraya Cold
Storage Co., Ltd./Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin Samut
Co., Ltd. (collectively, Thai Union).\4\ On April 24, 2020, Commerce
tolled all deadlines in administrative reviews by 50 days.\5\ On July
21, 2020,
[[Page 33985]]
Commerce tolled deadlines in administrative reviews by an additional 60
days.\6\ On January 21, 2021, Commerce extended the deadline for the
preliminary results of this administrative review until June 18,
2021.\7\ Also on January 21, 2021, Commerce rescinded the
administrative review with respect to all companies for which a review
had been requested, except Thai Union.\8\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Thailand, 70 FR 5145 (February 1, 2005) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 5938 (February 3, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020).
\4\ See Memorandum, ``Selection of Respondents for Individual
Review,'' dated July 7, 2020. In the 2012-2013 administrative
review, as noted in that memorandum, Commerce previously found that
the following companies comprised a single entity: Thai Union Frozen
Products Public Co. Ltd.; Thai Union Seafood Co., Ltd. (TUS);
Pakfood Public Company Limited; Asia Pacific (Thailand) Co., Ltd.;
Chaophraya Cold Storage Co., Ltd.; Okeanos Co., Ltd.; Okeanos Food
Co., Ltd. (OKF); and Takzin Samut Co., Ltd. (collectively, Thai
Union). See Certain Frozen Warmwater Shrimp from Thailand: Final
Results of Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial Rescission of Review;
2012-2013, 79 FR 51306, 51306 (August 28, 2014). Further, on January
5, 2016, Commerce found that Thai Union Group Public Co., Ltd.,
(TUG) is the successor-in-interest to Thai Union Frozen Products
Public Co., Ltd. See Notice of Final Results of Antidumping Changes
Circumstances Review: Certain Frozen Warmwater Shrimp from Thailand,
81 FR 222 (January 5, 2016). Therefore, we are treating these
companies as a single entity for the purposes of this administrative
review.
\5\ 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.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\7\ See Memorandum, ``Extension of Time Limit for Preliminary
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated
January 21, 2021. However, on June 17, 2021, the President signed
into law the Juneteenth National Independence Day Act, making June
19 a Federal holiday. See Juneteenth National Independence Day Act,
S. 475, Public Law 117-17 (2021). Because the Federal holiday fell
on a Saturday, it was observed on Friday, June 18, 2021. Where a
deadline falls on a weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for
these preliminary results is on June 21, 2021.
\8\ See Certain Frozen Warmwater Shrimp from Thailand: Partial
Rescission of Antidumping Duty Administrative Review; 2019-2020, 86
FR 7061 (January 26, 2021).
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of the Antidumping
Duty Order on Circular Frozen Warmwater Shrimp from Thailand,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is certain warmwater shrimp
and prawns, whether frozen, 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. The frozen warmwater shrimp and
prawn products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(HTSUS), are products which are processed from warmwater shrimp and
prawns through freezing and which are sold in any count size. The
products subject to the Order are currently classifiable in HTSUS
statistical reporting numbers 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are
provided for convenience and for customs purposes, the written product
description remains dispositive.\10\
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\10\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum at 4-5.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, 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/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
February 1, 2019, through January 31, 2020:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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Thai Union............................................. 6.47
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\11\ Case briefs
or other written comments may be submitted to the Assistant Secretary
for Enforcement and Compliance. Interested parties will be notified of
the timeline for the submission of case briefs and written comments at
a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the time limit for
filing case briefs.\12\ Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\ Parties who submit case briefs
or rebuttal briefs in this proceeding 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.\14\ Case and rebuttal briefs
should be filed using ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\16\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing.\17\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\19\
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\19\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), because Thai Union reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
[[Page 33986]]
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 deposit requirements will be effective for all
shipments of shrimp from Thailand entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for the exporter listed above will
be that established in the final results of this review, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for previously reviewed or investigated companies not
participating in this review, the cash deposit rate will continue to be
the company-specific rate published for the most recently-completed
segment of this proceeding in which the company was reviewed; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair value (LTFV) investigation, but the manufacturer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the manufacturer of
subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 5.34 percent, the all-
others rate made effective by the Section 129 Determination.\21\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Implementation of the Findings of the WTO Panel in
United States Antidumping Measure on Shrimp from Thailand: Notice of
Determination Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Order on Frozen
Warmwater Shrimp from Thailand, 74 FR 5638 (January 30, 2009)
(Section 129 Determination).
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Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-13635 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P
