Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2019-2020, 67440-67443 [2021-25771]

Download as PDF 67440 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 6 and are thus outside the scope of the existing antidumping orders on magnesium from China (generally referred to as ‘‘alloy’’ magnesium). The scope of the Order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy;’’ 7 (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.8 The merchandise subject to 6 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. 7 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). 8 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 49345 (September 27, 2001); see also Final Determination of Sales at Less Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 27, 2001); and Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium from the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 this order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Order no later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–25770 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P they are not combined in liquid form and cast into the same ingot. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value during the period of review (POR) February 1, 2019, through January 31, 2020. AGENCY: DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482–6172. SUPPLEMENTARY INFORMATION: Background This administrative review covers 154 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: H.N. Indigos Private Limited (HN Indigos) and RSA Marines. The producers/exporters not selected for individual examination are listed in the ‘‘Final Results of the Review’’ section of this notice. On June 25, 2021, Commerce published the Preliminary Results.1 On August 2, 2021, we received case briefs from HN Indigos and RSA Marines. On August 9, 2021, we received rebuttal briefs from the petitioner 2 and the American Shrimp Processors Association. On October 14, 2021, we postponed the final results to no later than November 19, 2021.3 For a complete discussion of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 1 See Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 33658 (June 25, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 The petitioner is the Ad Hoc Shrimp Trade Action Committee. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of the 2019–2020 Antidumping Duty Administrative Review,’’ dated October 14, 2021. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2019– 2020 Antidumping Duty Administrative Review of E:\FR\FM\26NON1.SGM 26NON1 67441 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices Scope of the Order Analysis of Comments Received The merchandise subject to the order is certain frozen warmwater shrimp.5 The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. All issues raised in the case and rebuttal briefs are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum. Interested parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made certain changes to the preliminary weighted-average margin calculations for HN Indigos and the companies not selected for individual review.6 Final Results of the Review As a result of this review, we determine the following weightedaverage dumping margins for the period February 1, 2019, through January 31, 2020: Weighted-average dumping margin (percent) Producers/exporters H.N. Indigos Private Limited .......................................................................................................................................................... RSA Marines/Royal Oceans .......................................................................................................................................................... Companies Not Selected for Individual Review 7 .......................................................................................................................... Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), because HN Indigos and RSA Marines reported the entered value for their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where 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 rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies that were not selected for individual examination, we used, as the assessment rate, the average of the cash deposit rates assigned to HN Indigos and RSA Marines, in accordance with our practice.8 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.9 Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced by HN Indigos or RSA Marines 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.10 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). Certain Frozen Warmwater Shrimp from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 For a complete description of the scope of the order, see Preliminary Results PDM at 4–5. 6 See Issues and Decision Memorandum at 2. We made no changes to the calculation of RSA Marines’ preliminary weighted-average dumping margin. 7 This rate is based on the weighted-average of the margins calculated for the companies selected for individual review using the publicly-ranged U.S. quantities. Because we cannot apply our normal methodology of calculating a weighted-average margin due to requests to protect business proprietary information, we find this rate to be the best proxy of the actual weighted-average margin determined for the mandatory respondents. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also Memorandum, ‘‘Calculation of the Review-Specific Average Rate for the Final Results,’’ dated concurrently with this notice. 8 See, e.g., Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 32835 (July 16, 2018). 9 See section 751(a)(2)(C) of the Act. 10 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Review-Specific Rate for Companies Not Selected for Individual Review The exporters/producers not selected for individual review are listed in Appendix II. Disclosure of Calculations We intend to disclose the calculations performed for HN Indigos in connection with these final results within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Assessment Rates jspears on DSK121TN23PROD with NOTICES1 10.39 4.73 7.15 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided E:\FR\FM\26NON1.SGM 26NON1 67442 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for the reviewed companies will be the rates shown above, except if the rate is less than 0.50 percent (de minimis within the meaning of 19 CFR 351.106(c)(1)), the cash deposit will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a previous review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all-other manufacturers or exporters will continue to be 10.17 percent, the all-others rate established in the LTFV investigation.11 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order jspears on DSK121TN23PROD with NOTICES1 This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. 20:16 Nov 24, 2021 Jkt 256001 Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Margin Calculations IV. Discussion of the Issues Comment 1: Result of Collapsing RSA Marines and Royal Oceans Comment 2: Universe of Sales for HN Indigos Comment 3: Adjustment for Warranty Expenses V. Recommendation Appendix II Review-Specific Average Rate Applicable to Companies Not Selected for Individual Review 1. Abad Fisheries Private Limited 2. ADF Foods Ltd. 3. Albys Agro Private Limited 4. Al-Hassan Overseas Private Limited 5. Allana Frozen Foods Pvt. Ltd. 6. Allanasons Ltd. 7. Alps Ice & Cold Storage Private Limited 8. Amarsagar Seafoods Private Limited 9. Amulya Seafoods 10. Anantha Seafoods Private Limited 11. Anjaneya Seafoods 12. Asvini Agro Exports 13. Ayshwarya Seafood Private Limited 14. B R Traders 15. Baby Marine Eastern Exports 16. Baby Marine Exports 17. Baby Marine International 18. Baby Marine Sarass 19. Baby Marine Ventures 20. Balasore Marine Exports Private Limited 21. BB Estates & Exports Private Limited 22. Bell Exim Private Limited (Bell Foods (Marine Division)) 23. Bell Exim Pvt. Ltd. 24. Bhatsons Aquatic Products 25. Bhavani Seafoods 26. Bijaya Marine Products 27. Blue Fin Frozen Foods Pvt. Ltd. 28. Blue Water Foods & Exports P. Ltd. 29. Britto Seafood Exports Pvt Ltd. 30. Canaan Marine Products 31. Capithan Exporting Co. 32. Cargomar Private Limited 33. Chakri Fisheries Private Limited 34. Chemmeens (Regd) 35. Cherukattu Industries (Marine Div) 36. Cochin Frozen Food Exports Pvt. Ltd. 37. Continental Fisheries India Pvt. Ltd. 38. Coreline Exports 39. Corlim Marine Exports Pvt. Ltd. 40. Crystal Sea Foods Private Limited 41. Delsea Exports Pvt. Ltd. 42. Devi Sea Foods Limited 12 12 Shrimp 11 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 70 FR 5147, 5148 (February 1, 2005). VerDate Sep<11>2014 Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of The Assistant Secretary for Enforcement and Compliance. produced and exported by Devi Sea Foods Limited (Devi) was excluded from the order effective February 1, 2009. See Certain Frozen Warmwater Shrimp from India: Final Results of the Antidumping Duty Administrative Review, Partial PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 43. Empire Industries Limited 44. Entel Food Products Private Limited 45. Esmario Export Enterprises 46. Everblue Sea Foods Private Limited 47. Febin Marine Foods 48. Fouress Food Products Private Limited 49. Frontline Exports Pvt. Ltd. 50. G A Randerian Ltd. 51. Gadre Marine Exports 52. Galaxy Maritech Exports P. Ltd. 53. Geo Aquatic Products (P) Ltd. 54. Godavari Mega Aqua Food Park Private Limited 55. Grandtrust Overseas (P) Ltd. 56. Green House Agro Products 57. GVR Exports Pvt. Ltd. 58. Hari Marine Private Limited 59. Haripriya Marine Export Pvt. Ltd. 60. HIC ABF Special Foods Pvt. Ltd. 61. Hiravati Exports Pvt. Ltd. 62. Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India) 63. Hiravati Marine Products Private Limited 64. HMG Industries Limited 65. Hyson Logistics and Marine Exports Private Limited 66. Indian Aquatic Products 67. Indo Aquatics 68. Indo Fisheries 69. Indo French Shellfish Company Private Limited 70. International Freezefish Exports 71. Jinny Marine Traders 72. Jiya Packagings 73. Karunya Marine Exports Private Limited 74. Kaushalya Aqua Marine Products Exports Pvt. Ltd. 75. Kay Exports 76. Kings Marine Products 77. Koluthara Exports Ltd. 78. Landauer Ltd. 79. Libran Cold Storages (P) Ltd. 80. Mangala Sea Products 81. Marine Harvest India 82. Megaa Moda Pvt. Ltd. 83. Milsha Agro Exports Private Limited 84. Milsha Sea Products 85. Minaxi Fisheries Private Limited 86. Mindhola Foods LLP 87. MMC Exports Limited 88. MTR Foods 89. N.K. Marine Exports LLP 90. Naik Frozen Foods 91. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd. 92. Naik Seafoods Ltd. 93. Nekkanti Mega Food Park Private Limited 94. Nine Up Frozen Foods 95. Nutrient Marine Foods Limited 96. Oceanic Edibles International Limited 97. Paragon Sea Foods Pvt. Ltd. 98. Paramount Seafoods 99. Parayil Food Products Pvt., Ltd. 100. Pesca Marine Products Pvt., Ltd. 101. Pijikay International Exports P Ltd. 102. Pravesh Seafood Private Limited 103. Premier Exports International 104. Premier Marine Foods 105. Premier Seafoods Exim (P) Ltd. Rescission of Review, and Notice of Revocation of Order in Part, 75 FR 41813, 41814 (July 19, 2010). Accordingly, the results of this administrative review apply to Devi only for shrimp produced in India where Devi acted as either the manufacturer or exporter (but not both). E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices 106. RDR Exports 107. R F Exports 108. RF Exports Private Limited 109. R V R Marine Products Limited 110. Raju Exports 111. Raunaq Ice & Cold Storage 112. Royal Imports and Exports 113. Rupsha Fish Private Limited 114. S Chanchala Combines Private Limited 115. Sagar Samrat Seafoods 116. Sahada Exports 117. Salet Seafoods Private Limited 118. Samaki Exports Private Limited 119. Sasoondock Matsyodyog Sahakari Society Ltd. 120. Seagold Overseas Pvt. Ltd. 121. Shimpo Exports Private Limited 122. Shimpo Seafoods Private Limited 123. Shiva Frozen Food Exp. Pvt. Ltd. 124. Shroff Processed Food & Cold Storage P Ltd. 125. Silver Seafood 126. Sita Marine Exports 127. Sonia Fisheries Private Limited 128. Sri Sakkthi Cold Storage 129. SSF Ltd. 130. Star Agro Marine Exports Private Limited 131. Star Organic Foods Private Limited 132. Stellar Marine Foods Private Limited 133. Sterling Foods 134. Sun Agro Exim 135. Supran Exim Private Limited 136. Suvarna Rekha Exports Private Limited 137. Suvarna Rekha Marines P Ltd. 138. TBR Exports Pvt Ltd. 139. Teekay Marine P. Ltd. 140. The Waterbase Limited 141. Triveni Fisheries P Ltd. 142. U & Company Marine Exports 143. Ulka Sea Foods Private Limited 144. Uniroyal Marine Exports Ltd. 145. Unitriveni Overseas 146. Vasai Frozen Food Co. 147. Veronica Marine Exports Private Limited 148. Victoria Marine & Agro Exports Ltd. 149. Vinner Marine 150. Vitality Aquaculture Pvt. Ltd. 151. VRC Marine Foods LLP 152. Zeal Aqua Limited [FR Doc. 2021–25771 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–570–943, C–570–944] Oil Country Tubular Goods From the People’s Republic of China: Final Affirmative Determinations of Circumvention Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of welded oil country tubular goods (OCTG) completed in Brunei or the Philippines using inputs manufactured in the People’s Republic of China jspears on DSK121TN23PROD with NOTICES1 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 SUPPLEMENTARY INFORMATION: Background On August 10, 2021, Commerce published the preliminary affirmative determinations of circumvention of the antidumping and countervailing duty orders on welded OCTG from China.1 In the Preliminary Determinations, Commerce extended the deadline for the final determinations of these circumvention inquiries to October 28, 2021.2 On October 18, 2021, Commerce extended the deadline for the final determinations of these circumvention inquiries to November 19, 2021.3 We received case and rebuttal briefs with respect to the Preliminary Determinations. We conducted these circumvention inquiries in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h). Scope of the Orders The products covered by the orders are certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish. A full description of the scope of the orders is contained in the Issues and Decision Memorandum.4 The written description is dispositive. Scope of the Circumvention Inquiries These circumvention inquiries cover welded OCTG completed in Brunei or International Trade Administration AGENCY: (China) are circumventing the antidumping and countervailing duty orders on OCTG from China. DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or John Drury, AD/CVD Operations Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5760 and (202) 482–0195, respectively. 1 See Oil Country Tubular Goods from the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention, 86 FR 43627 (August 10, 2021) (Preliminary Determinations). 2 Id. at 43629. 3 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Extension of Deadline for Final Determinations of the AntiCircumvention Inquiries of the Antidumping and Countervailing Duty Orders,’’ dated October 18, 2021. 4 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Issues and Decision Memorandum for Final Affirmative Determinations of Circumvention,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum) at 2–3. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 67443 the Philippines using inputs manufactured in China and subsequently exported from Brunei or the Philippines to the United States.5 Methodology Commerce is conducting these circumvention inquiries in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying Commerce’s final determinations, see the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. Based on our analysis of the comments received, we made a change to the Preliminary Determinations. Final Affirmative Determinations As detailed in the Issues and Decision Memorandum, we determine that welded OCTG assembled or completed in Brunei or the Philippines using inputs manufactured in China and subsequently exported from Brunei or the Philippines to the United States are circumventing the antidumping and countervailing duty orders on OCTG from China. Therefore, we determine that it is appropriate to include this merchandise within the scope of the antidumping and countervailing duty orders of OCTG from China and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend any entries of merchandise produced using Chinese inputs in Brunei or the Philippines and exported to the United States. Continued Suspension of Liquidation In accordance with 19 CFR 351.225(l)(3), based on these final determinations in these circumvention inquiries, Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of 5 See E:\FR\FM\26NON1.SGM Preliminary Determinations, 86 FR 43628. 26NON1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67440-67443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Final Results of 
Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters of certain frozen warmwater shrimp (shrimp) 
from India made sales at less than normal value during the period of 
review (POR) February 1, 2019, through January 31, 2020.

DATES: Applicable November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review covers 154 producers and/or exporters of 
the subject merchandise. Commerce selected two mandatory respondents 
for individual examination: H.N. Indigos Private Limited (HN Indigos) 
and RSA Marines. The producers/exporters not selected for individual 
examination are listed in the ``Final Results of the Review'' section 
of this notice.
    On June 25, 2021, Commerce published the Preliminary Results.\1\ On 
August 2, 2021, we received case briefs from HN Indigos and RSA 
Marines. On August 9, 2021, we received rebuttal briefs from the 
petitioner \2\ and the American Shrimp Processors Association. On 
October 14, 2021, we postponed the final results to no later than 
November 19, 2021.\3\ For a complete discussion of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Preliminary Results of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 33658 (June 25, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2019-2020 Antidumping Duty Administrative Review,'' dated 
October 14, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Antidumping Duty Administrative 
Review of Certain Frozen Warmwater Shrimp from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).

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[[Page 67441]]

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\5\ The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
Preliminary Results PDM at 4-5.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in 
Appendix I to this notice and addressed in the Issues and Decision 
Memorandum. Interested parties can find a complete discussion of these 
issues and the corresponding recommendations in this public memorandum, 
which is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for HN 
Indigos and the companies not selected for individual review.\6\
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    \6\ See Issues and Decision Memorandum at 2. We made no changes 
to the calculation of RSA Marines' preliminary weighted-average 
dumping margin.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins for the period February 1, 2019, through 
January 31, 2020:
---------------------------------------------------------------------------

    \7\ This rate is based on the weighted-average of the margins 
calculated for the companies selected for individual review using 
the publicly-ranged U.S. quantities. Because we cannot apply our 
normal methodology of calculating a weighted-average margin due to 
requests to protect business proprietary information, we find this 
rate to be the best proxy of the actual weighted-average margin 
determined for the mandatory respondents. See Ball Bearings and 
Parts Thereof from France, Germany, Italy, Japan, and the United 
Kingdom: Final Results of Antidumping Duty Administrative Reviews, 
Final Results of Changed-Circumstances Review, and Revocation of an 
Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also 
Memorandum, ``Calculation of the Review-Specific Average Rate for 
the Final Results,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                        Weighted-average
                 Producers/exporters                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
H.N. Indigos Private Limited.........................              10.39
RSA Marines/Royal Oceans.............................               4.73
Companies Not Selected for Individual Review \7\.....               7.15
------------------------------------------------------------------------

Review-Specific Rate for Companies Not Selected for Individual Review

    The exporters/producers not selected for individual review are 
listed in Appendix II.

Disclosure of Calculations

    We intend to disclose the calculations performed for HN Indigos in 
connection with these final results within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.
    Pursuant to 19 CFR 351.212(b)(1), because HN Indigos and RSA 
Marines reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the sales for which entered value 
was reported. Where 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 rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For the companies that were not selected for individual 
examination, we used, as the assessment rate, the average of the cash 
deposit rates assigned to HN Indigos and RSA Marines, in accordance 
with our practice.\8\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\9\
---------------------------------------------------------------------------

    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: Final 
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 
32835 (July 16, 2018).
    \9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by HN Indigos or RSA 
Marines 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.\10\
---------------------------------------------------------------------------

    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP 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 for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided

[[Page 67442]]

by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for the 
reviewed companies will be the rates shown above, except if the rate is 
less than 0.50 percent (de minimis within the meaning of 19 CFR 
351.106(c)(1)), the cash deposit will be zero; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a previous review, or the less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all-other 
manufacturers or exporters will continue to be 10.17 percent, the all-
others rate established in the LTFV investigation.\11\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \11\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order, 70 FR 5147, 5148 
(February 1, 2005).
---------------------------------------------------------------------------

Notification to Importers

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

Administrative Protective Order

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

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Result of Collapsing RSA Marines and Royal Oceans
    Comment 2: Universe of Sales for HN Indigos
    Comment 3: Adjustment for Warranty Expenses
V. Recommendation

Appendix II

Review-Specific Average Rate Applicable to Companies Not Selected for 
Individual Review

1. Abad Fisheries Private Limited
2. ADF Foods Ltd.
3. Albys Agro Private Limited
4. Al-Hassan Overseas Private Limited
5. Allana Frozen Foods Pvt. Ltd.
6. Allanasons Ltd.
7. Alps Ice & Cold Storage Private Limited
8. Amarsagar Seafoods Private Limited
9. Amulya Seafoods
10. Anantha Seafoods Private Limited
11. Anjaneya Seafoods
12. Asvini Agro Exports
13. Ayshwarya Seafood Private Limited
14. B R Traders
15. Baby Marine Eastern Exports
16. Baby Marine Exports
17. Baby Marine International
18. Baby Marine Sarass
19. Baby Marine Ventures
20. Balasore Marine Exports Private Limited
21. BB Estates & Exports Private Limited
22. Bell Exim Private Limited (Bell Foods (Marine Division))
23. Bell Exim Pvt. Ltd.
24. Bhatsons Aquatic Products
25. Bhavani Seafoods
26. Bijaya Marine Products
27. Blue Fin Frozen Foods Pvt. Ltd.
28. Blue Water Foods & Exports P. Ltd.
29. Britto Seafood Exports Pvt Ltd.
30. Canaan Marine Products
31. Capithan Exporting Co.
32. Cargomar Private Limited
33. Chakri Fisheries Private Limited
34. Chemmeens (Regd)
35. Cherukattu Industries (Marine Div)
36. Cochin Frozen Food Exports Pvt. Ltd.
37. Continental Fisheries India Pvt. Ltd.
38. Coreline Exports
39. Corlim Marine Exports Pvt. Ltd.
40. Crystal Sea Foods Private Limited
41. Delsea Exports Pvt. Ltd.
42. Devi Sea Foods Limited \12\
---------------------------------------------------------------------------

    \12\ Shrimp produced and exported by Devi Sea Foods Limited 
(Devi) was excluded from the order effective February 1, 2009. See 
Certain Frozen Warmwater Shrimp from India: Final Results of the 
Antidumping Duty Administrative Review, Partial Rescission of 
Review, and Notice of Revocation of Order in Part, 75 FR 41813, 
41814 (July 19, 2010). Accordingly, the results of this 
administrative review apply to Devi only for shrimp produced in 
India where Devi acted as either the manufacturer or exporter (but 
not both).
---------------------------------------------------------------------------

43. Empire Industries Limited
44. Entel Food Products Private Limited
45. Esmario Export Enterprises
46. Everblue Sea Foods Private Limited
47. Febin Marine Foods
48. Fouress Food Products Private Limited
49. Frontline Exports Pvt. Ltd.
50. G A Randerian Ltd.
51. Gadre Marine Exports
52. Galaxy Maritech Exports P. Ltd.
53. Geo Aquatic Products (P) Ltd.
54. Godavari Mega Aqua Food Park Private Limited
55. Grandtrust Overseas (P) Ltd.
56. Green House Agro Products
57. GVR Exports Pvt. Ltd.
58. Hari Marine Private Limited
59. Haripriya Marine Export Pvt. Ltd.
60. HIC ABF Special Foods Pvt. Ltd.
61. Hiravati Exports Pvt. Ltd.
62. Hiravati International Pvt. Ltd. (located at Jawar Naka, 
Porbandar, Gujarat, 360 575, India)
63. Hiravati Marine Products Private Limited
64. HMG Industries Limited
65. Hyson Logistics and Marine Exports Private Limited
66. Indian Aquatic Products
67. Indo Aquatics
68. Indo Fisheries
69. Indo French Shellfish Company Private Limited
70. International Freezefish Exports
71. Jinny Marine Traders
72. Jiya Packagings
73. Karunya Marine Exports Private Limited
74. Kaushalya Aqua Marine Products Exports Pvt. Ltd.
75. Kay Exports
76. Kings Marine Products
77. Koluthara Exports Ltd.
78. Landauer Ltd.
79. Libran Cold Storages (P) Ltd.
80. Mangala Sea Products
81. Marine Harvest India
82. Megaa Moda Pvt. Ltd.
83. Milsha Agro Exports Private Limited
84. Milsha Sea Products
85. Minaxi Fisheries Private Limited
86. Mindhola Foods LLP
87. MMC Exports Limited
88. MTR Foods
89. N.K. Marine Exports LLP
90. Naik Frozen Foods
91. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd.
92. Naik Seafoods Ltd.
93. Nekkanti Mega Food Park Private Limited
94. Nine Up Frozen Foods
95. Nutrient Marine Foods Limited
96. Oceanic Edibles International Limited
97. Paragon Sea Foods Pvt. Ltd.
98. Paramount Seafoods
99. Parayil Food Products Pvt., Ltd.
100. Pesca Marine Products Pvt., Ltd.
101. Pijikay International Exports P Ltd.
102. Pravesh Seafood Private Limited
103. Premier Exports International
104. Premier Marine Foods
105. Premier Seafoods Exim (P) Ltd.

[[Page 67443]]

106. RDR Exports
107. R F Exports
108. RF Exports Private Limited
109. R V R Marine Products Limited
110. Raju Exports
111. Raunaq Ice & Cold Storage
112. Royal Imports and Exports
113. Rupsha Fish Private Limited
114. S Chanchala Combines Private Limited
115. Sagar Samrat Seafoods
116. Sahada Exports
117. Salet Seafoods Private Limited
118. Samaki Exports Private Limited
119. Sasoondock Matsyodyog Sahakari Society Ltd.
120. Seagold Overseas Pvt. Ltd.
121. Shimpo Exports Private Limited
122. Shimpo Seafoods Private Limited
123. Shiva Frozen Food Exp. Pvt. Ltd.
124. Shroff Processed Food & Cold Storage P Ltd.
125. Silver Seafood
126. Sita Marine Exports
127. Sonia Fisheries Private Limited
128. Sri Sakkthi Cold Storage
129. SSF Ltd.
130. Star Agro Marine Exports Private Limited
131. Star Organic Foods Private Limited
132. Stellar Marine Foods Private Limited
133. Sterling Foods
134. Sun Agro Exim
135. Supran Exim Private Limited
136. Suvarna Rekha Exports Private Limited
137. Suvarna Rekha Marines P Ltd.
138. TBR Exports Pvt Ltd.
139. Teekay Marine P. Ltd.
140. The Waterbase Limited
141. Triveni Fisheries P Ltd.
142. U & Company Marine Exports
143. Ulka Sea Foods Private Limited
144. Uniroyal Marine Exports Ltd.
145. Unitriveni Overseas
146. Vasai Frozen Food Co.
147. Veronica Marine Exports Private Limited
148. Victoria Marine & Agro Exports Ltd.
149. Vinner Marine
150. Vitality Aquaculture Pvt. Ltd.
151. VRC Marine Foods LLP
152. Zeal Aqua Limited

[FR Doc. 2021-25771 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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