Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; 2019-2020, 69-71 [2021-28401]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
habits, and potential. The first section of
the college application requests the
applicant to include biographical
information (i.e., name, address, age,
etc.); educational background
information) i.e., grade point average,
name of university currently attending
and declared major); activities. The
second section of the application
requires the submission of a transcript;
essay containing 500–800 words; two
letters of recommendation submitted on
behalf of the applicant.
There are no sections included in the
application that the letter writing
officials will need to complete.
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is estimated to average 2 hours per
response.
Respondents: High School Students,
College Freshman and Sophomore
Students, High School Teachers and
Guidance Counselors, College
Department Head, Dean of a College,
University Vice Presidents, or a College
Professor.
Estimated Number of Respondents:
3,420 (1,140 applications).
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Burden on
Respondents: 6,840 hours.
Comments are invited on: (1) Whether
the proposed collection of information
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whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
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ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments may be sent to Kenya
Nicholas, U.S. Department of
Agriculture, Office of Partnerships and
Public Engagement, 1400 Independence
Avenue SW, Room 524–A, Whitten
Building, Washington, DC 20250–3700.
All comments received will be available
for public inspection during regular
business hours at the same address.
All responses to this notice will be
summarized and included in the request
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17:14 Dec 30, 2021
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for OMB approval. All comments will
become a matter of public record.
Lisa R. Ramirez,
Director, Office of Partnerships and Public
Engagement.
[FR Doc. 2021–28389 Filed 12–30–21; 8:45 am]
BILLING CODE 3412–88–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: 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 the
producer/exporter subject to this
administrative review made sales of
subject merchandise at less than fair
value (LTFV) during the period of
review (POR), February 1, 2019, through
January 31, 2020.
DATES: Applicable January 3, 2022.
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:
AGENCY:
Background
This review covers a single producer/
exporter of the subject merchandise,
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).1
1 In the 2012–2013 administrative review,
Commerce found that the following companies
composed a single entity: Thai Union Frozen
Products 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.;
and Takzin Samut Co., Ltd. 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
(August 28, 2014). Further, on January 5, 2016,
Commerce found that Thai Union Group Public Co.,
Ltd. is the successor-in-interest to Thai Union
Frozen Products Public Co., Ltd. See Notice of Final
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from Thailand, 81 FR 222 (January 5, 2016).
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69
On June 28, 2021, Commerce
published the Preliminary Results.2 On
October 15, 2021, we postponed the
final results until December 23, 2021.3
A summary of the events that occurred
since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by
interested parties for these final results,
may be found in the Issues and Decision
Memorandum.4 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
includes 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,5 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 this
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,
Therefore, we are treating these companies as a
single entity for the purposes of this administrative
review.
2 See Certain Frozen Warmwater Shrimp from
Thailand: Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020, 86 FR 33984
(June 28, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
3 See Memorandum, ‘‘Certain Frozen Warmwater
Shrimp from Thailand: Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated October 15, 2021.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Administrative Review of the Antidumping
Duty Order on Certain Frozen Warmwater Shrimp
from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
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.6
Analysis of Comments Received
All issues raised in case and rebuttal
briefs by interested parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
For a list of issues raised by parties, see
the appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculations for Thai Union.7
Final Results of the Review
We are assigning the following
weighted-average dumping margin to
Thai Union for the period February 1,
2019, through January 31, 2020:
Weighted-average
dumping margin
(percent)
Exporter/producer
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.
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), 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),
where 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
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. 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.8
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by Thai Union for which Thai Union
did not know that the merchandise it
sold to the intermediary (e.g., a reseller,
6 For a complete description of the scope of the
order, see the Issues and Decision Memorandum.
7 See accompanying Issues and Decision
Memorandum.
8 See section 751(a)(2)(C) of the Act.
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17:14 Dec 30, 2021
Jkt 256001
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.9
We intend 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 the 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
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Thai Union
will be 0.57 percent; (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 or investigated; (3) if the
exporter is not a firm covered in this
review, a previous review, or the LTFV
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See Implementation of the Findings of the WTO
Panel in United States Antidumping Measure on
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Frm 00005
Fmt 4703
Sfmt 4703
0.57
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other
manufacturers or exporters will
continue to be 5.34 percent, the allothers rate made effective by the Section
129 Determination.10 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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Shrimp from Thailand: Notice of Determination
Under Section 129 of the Uruguay Rounds
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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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 23, 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—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Whether To Use Thai Union’s
Reported Manufacturer Variables
Comment 2: Whether To Grant Thai Union
a Level of Trade (LOT) Adjustment and/
or Constructed Export Price (CEP) Offset
Comment 3: Whether To Use Thai Union’s
Most Recently Submitted Data Sets
VI. Recommendation
[FR Doc. 2021–28401 Filed 12–30–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–838]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From Italy:
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 certain
cold-drawn mechanical tubing of carbon
and alloy steel (cold-drawn mechanical
tubing) from Italy was not sold in the
United States at less than normal value
during the period of review (POR) June
1, 2019, through May 31, 2020.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, 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) 482–6274.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On July 8, 2021, Commerce published
the Preliminary Results.1 Commerce
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Italy: Preliminary
Results of the Administrative Review of the
VerDate Sep<11>2014
17:14 Dec 30, 2021
Jkt 256001
extended the deadline for the final
results by 60 days on October 20, 2021.2
The deadline for the final results of this
review is now January 4, 2022. For a
complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by this order
are certain cold-drawn mechanical
tubing of carbon and alloy steel from
Italy. For a full description of the scope,
see the Issues and Decision
Memorandum.
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Dalmine S.p.A .............................
0.00
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with the final
results within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Analysis of Comments Received
Commerce shall determine, and U.S.
All issues raised in the case and
Customs and Border Protection (CBP)
rebuttal briefs are addressed in the
shall assess, antidumping duties on all
Issues and Decision Memorandum. A
appropriate entries covered by this
list of the issues that parties raised and
review. Because the weighted-average
to which we responded in the Issues
dumping margin is zero for Dalmine
and Decision Memorandum is attached
S.p.A. (Dalmine), we will instruct CBP
to this notice as an appendix. The Issues to liquidate the appropriate entries
and Decision Memorandum is a public
without regard to antidumping duties.5
document and is on file electronically
For entries of subject merchandise
via Enforcement and Compliance’s
during the POR produced by Dalmine
Antidumping and Countervailing Duty
for which it did not know its
Centralized Electronic Service System
merchandise was destined for the
(ACCESS). ACCESS is available to
United States, we will instruct CBP to
registered users at https://
liquidate unreviewed entries at the allaccess.trade.gov. In addition, a complete others rate if there is no rate for the
version of the Issues and Decision
intermediate company(ies) involved in
Memorandum can be accessed directly
the transaction.6
Commerce intends to issue
at https://access.trade.gov/public/
assessment instructions to CBP no
FRNoticesListLayout.aspx.
earlier than 35 days after the date of
Changes Since the Preliminary Results
publication of the final results of this
Based on a review of the record and
review in the Federal Register. If a
comments received from interested
timely summons is filed at the U.S.
parties, we made changes to the
Court of International Trade, the
programming language to correct three
assessment instructions will direct CBP
errors.4
not to liquidate relevant entries until the
time for parties to file a request for a
Final Results of the Review
statutory injunction has expired (i.e.,
Commerce determines that the
within 90 days of publication).
following weighted-average dumping
Cash Deposit Requirements
margin exists for the period June 1,
The following cash deposit
2019, through May 31, 2020:
requirements will be effective for all
shipments of the subject merchandise
Antidumping Duty Order; 2019–2020, 86 FR 36096
(July 8, 2021) (Preliminary Results), and
entered, or withdrawn from warehouse,
accompanying Preliminary Decision Memorandum.
for consumption on or after the
2 See Memorandum, ‘‘Cold-Drawn Mechanical
publication date of the final results of
Tubing of Carbon and Alloy Steel from Italy:
this administrative review, as provided
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2019–
2020,’’ dated October 20, 2021.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Administrative Review of the Antidumping
Duty Order on Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from Italy,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 Id. at ‘‘Changes Since Preliminary Results.’’
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5 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103, 8103
(February 14, 2012).
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\03JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 69-71]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28401]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: 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 the
producer/exporter subject to this administrative review made sales of
subject merchandise at less than fair value (LTFV) during the period of
review (POR), February 1, 2019, through January 31, 2020.
DATES: Applicable January 3, 2022.
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
This review covers a single producer/exporter of the subject
merchandise, 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).\1\
---------------------------------------------------------------------------
\1\ In the 2012-2013 administrative review, Commerce found that
the following companies composed a single entity: Thai Union Frozen
Products 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.; and Takzin Samut Co., Ltd. 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 (August 28,
2014). Further, on January 5, 2016, Commerce found that Thai Union
Group Public Co., Ltd. is the successor-in-interest to Thai Union
Frozen Products Public Co., Ltd. See Notice of Final Results of
Antidumping Duty Changed 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.
---------------------------------------------------------------------------
On June 28, 2021, Commerce published the Preliminary Results.\2\ On
October 15, 2021, we postponed the final results until December 23,
2021.\3\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by interested parties for these final results, may be found in
the Issues and Decision Memorandum.\4\ The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Certain Frozen Warmwater Shrimp from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 33984 (June 28, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\3\ See Memorandum, ``Certain Frozen Warmwater Shrimp from
Thailand: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated October 15, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from
Thailand,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order includes 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,\5\ 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 this 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,
[[Page 70]]
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.\6\
---------------------------------------------------------------------------
\5\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
\6\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in case and rebuttal briefs by interested parties
to this administrative review are addressed in the Issues and Decision
Memorandum. For a list of issues raised by parties, see the appendix to
this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Thai Union.\7\
---------------------------------------------------------------------------
\7\ See accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margin to
Thai Union for the period February 1, 2019, through January 31, 2020:
------------------------------------------------------------------------
Weighted-average dumping margin
Exporter/producer (percent)
------------------------------------------------------------------------
Thai Union Group Public Co., Ltd./Thai 0.57
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.
------------------------------------------------------------------------
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
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), where 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
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. 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.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Thai Union for which
Thai Union did not know that the merchandise it 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.\9\
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\9\ 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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We intend 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 the 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Thai Union will
be 0.57 percent; (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
or investigated; (3) if the exporter is not a firm covered in this
review, a previous review, or the LTFV investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the producer of
the 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.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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 Rounds 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
[[Page 71]]
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 23, 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--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Whether To Use Thai Union's Reported Manufacturer
Variables
Comment 2: Whether To Grant Thai Union a Level of Trade (LOT)
Adjustment and/or Constructed Export Price (CEP) Offset
Comment 3: Whether To Use Thai Union's Most Recently Submitted
Data Sets
VI. Recommendation
[FR Doc. 2021-28401 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
