Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 11413-11416 [2022-04182]
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
11413
Department contact
Helical Spring Lock Washers from Taiwan, A–583–820 (5th Review) ........................................................
HEDP from China, A–570–045 (1st Review) ...............................................................................................
Sulfanilic Acid from China, A–570–815 (5th Review) ..................................................................................
Sulfanilic Acid from India, A–533–806 (5th Review) ....................................................................................
Countervailing Duty Proceedings
HEDP from China, C–570–046 (1st Review) ...............................................................................................
Sulfanilic Acid from India, C–533–807 (5th Review) ....................................................................................
Suspended Investigations
DEPARTMENT OF COMMERCE
No Sunset Review of suspended
investigations is scheduled for initiation
in April 2022.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information, until
further notice.1
This notice is not required by statute
but is published as a service to the
international trading community.
International Trade Administration
Dated: February 8, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–04282 Filed 2–28–22; 8:45 am]
jspears on DSK121TN23PROD with NOTICES1
BILLING CODE 3510–DS–P
1 See
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain frozen warmwater shrimp
(shrimp) from India is being, or is likely
to be, sold in the United States at less
than normal value (NV) during the
period of review (POR) February 1,
2020, through January 31, 2021.
DATES: Applicable March 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton or 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) 482–1280 or (202) 482–6172,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2021, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
antidumping duty order on shrimp from
India.1 This review covers 163
producers and/or exporters of the
subject merchandise. Commerce
selected two mandatory respondents for
individual examination: LNSK Green
House Agro Products LLP (LNSK) and
Royal Imports and Exports (Royal). For
a complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.2
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
17124 (April 1, 2021).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Administrative Review of the Antidumping Duty
Order on Certain Frozen Warmwater Shrimp from
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Mary Kolberg, (202) 482–1785.
Thomas Martin, (202) 482–3936.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Thomas Martin, (202) 482–3936.
Mary Kolberg, (202) 482–1785.
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.04, 0306.17.00.05,
0306.17.00.06, 0306.17.00.07,
0306.17.00.08, 0306.17.00.09,
0306.17.00.10, 0306.17.00.11,
0306.17.00.12, 0306.17.00.13,
0306.17.00.14, 0306.17.00.15,
0306.17.00.16, 0306.17.00.17,
0306.17.00.18, 0306.17.00.19,
0306.17.00.20, 0306.17.00.21,
0306.17.00.22, 0306.17.00.23,
0306.17.00.24, 0306.17.00.25,
0306.17.00.26, 0306.17.00.27,
0306.17.00.28, 0306.17.00.29,
0306.17.00.40, 0306.17.00.41,
0306.17.00.42, 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.3
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV 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://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
3 For a complete description of the scope of the
order, see the Preliminary Decision Memorandum.
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
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 weightedaverage dumping margins exist for the
respondents for the period February 1,
2020, through January 31, 2021, as
follows:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
LNSK Green House Agro Products LLP ..................................
Royal Imports and Exports .........
Companies Not Selected for Individual Review 4 .....................
0.00
3.01
3.01
Review-Specific Average Rate for
Companies Not Selected for Individual
Review
The exporters or producers not
selected for individual review are listed
in Appendix II.
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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.5
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.6
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.7 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.8
Case and rebuttal briefs should be filed
using ACCESS.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
4 Under section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘an amount equal to the
weighted average of the estimated weighted-average
dumping margins established for exporters and
producers individually examined, excluding any
margins that are zero or de minimis margins, and
any margins determined entirely {on the basis of
facts available}.’’ Because the margin calculated for
LNSK in these preliminary results is zero, we have
preliminarily assigned a dumping margin to these
companies based on the rate calculated for Royal.
5 See 19 CFR 351.224(b).
6 See 19 CFR 351.309(c).
7 See 19 CFR 351.309(d).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
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Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.10 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. Oral
presentations at 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.11
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.12
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.13
Pursuant to 19 CFR 351.212(b)(1),
because both respondents reported the
entered value for all of their U.S. sales,
we will calculate 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 either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by LNSK or Royal for which these
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.14
10 See
19 CFR 351.310(c).
19 CFR 351.310(d).
12 See section 751(a)(3)(A) of the Act.
13 See 19 CFR 351.212(b)(1).
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
11 See
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For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
review-specific average rate, calculated
as noted in the ‘‘Preliminary Results of
Review’’ section, above. 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.15
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 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 each specific
company 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 will continue
to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this 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 segment
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.16 These
deposit requirements, when imposed,
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See section 751(a)(2)(C) of the Act.
16 See Notice of Amended Final Determination of
Sale at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147 (February 1, 2005).
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
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 the 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.
Dated: February 22, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
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
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Appendix II
Review-Specific Average Rate Applicable to
Companies Not Selected for Individual
Review
1. Abad Fisheries
2. Accelerated Freeze Drying Co.
3. ADF Foods Ltd.
4. Albys Agro Private Limited
5. Al-Hassan Overseas Private Limited
6. Allana Frozen Foods Pvt. Ltd.
7. Allanasons Ltd.
8. Alps Ice & Cold Storage Private Limited
9. Amarsagar Seafoods Private Limited
10. Amulya Seafoods
11. Anantha Seafoods Private Limited
12. Anjaneya Seafoods
13. Asvini Agro Exports
14. Ayshwarya Seafood Private Limited
15. B R Traders
16. Baby Marine Eastern Exports
17. Baby Marine Exports
18. Baby Marine International
19. Baby Marine Sarass
20. Baby Marine Ventures
21. Balasore Marine Exports Private Limited
22. BB Estates & Exports Private Limited
23. Bell Exim Private Limited
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. Bluepark Seafoods Pvt. Ltd.
30. Britto Seafood Exports Pvt Ltd.
31. Calcutta Seafoods Pvt. Ltd./Bay Seafood
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Pvt. Ltd./Elque & Co.
32. Canaan Marine Products
33. Capithan Exporting Co.
34. Cargomar Private Limited
35. Chakri Fisheries Private Limited
36. Chemmeens (Regd)
37. Cherukattu Industries (Marine Div)
38. Cochin Frozen Food Exports Pvt. Ltd.
39. Continental Fisheries India Private
Limited
40. Coreline Exports
41. Corlim Marine Exports Pvt. Ltd.
42. CPF (India) Private Limited
43. Crystal Sea Foods Private Limited
44. Danica Aqua Exports Private Limited
45. Datla Sea Foods
46. Delsea Exports Pvt. Ltd.
47. Devi Sea Foods Limited 17
48. Empire Industries Limited
49. Entel Food Products Private Limited
50. Esmario Export Enterprises
51. Everblue Sea Foods Private Limited
52. Febin Marine Foods Private Limited
53. Fedora Sea Foods Private Limited
54. Food Products Pvt., Ltd./Parayil Food
Products Private Limited
55. Fouress Food Products Private Limited
56. Frontline Exports Pvt. Ltd.
57. G A Randerian Ltd.
58. Gadre Marine Exports (AKA Gadre
Marine Exports Pvt. Ltd.)
59. Galaxy Maritech Exports P. Ltd.
60. Geo Aquatic Products (P) Ltd.
61. Godavari Mega Aqua Food Park Private
Limited
62. Grandtrust Overseas (P) Ltd.
63. GVR Exports Pvt. Ltd.
64. Hari Marine Private Limited
65. Haripriya Marine Export Pvt. Ltd.
66. HIC ABF Special Foods Pvt. Ltd.
67. Hiravati Exports Pvt. Ltd.
68. Hiravati International Pvt. Ltd.
69. Hiravati Marine Products Private Limited
70. HMG Industries Limited
71. HN Indigos Private Limited
72. Hyson Exports Private Limited
73. Indian Aquatic Products
74. Indo Aquatics
75. Indo Fisheries
76. Indo French Shellfish Company Private
Limited
77. International Freezefish Exports
78. Jinny Marine Traders
79. K.V. Marine Exports
80. Karunya Marine Exports Private Limited
81. Kaushalya Aqua Marine Product Exports
Pvt. Ltd.
82. Kay Exports
83. Kings Marine Products
84. Koluthara Exports Ltd.
85. Libran Foods
86. Mangala Sea Products
87. Marine Harvest India
88. Megaa Moda Pvt. Ltd.
89. Milsha Agro Exports Private Limited
17 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, we initiated this administrative
review with respect to Devi only for shrimp
produced in India where Devi acted as either the
manufacturer or exporter (but not both).
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11415
90. Milsha Sea Product
91. Minaxi Fisheries Private Limited
92. Mindhola Foods LLP
93. MMC Exports Limited
94. MTR Foods
95. Naik Frozen Foods Private Limited
96. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik
Exports Pvt. Ltd.
97. Naik Seafoods Limited
98. NAS Fisheries Pvt. Ltd.
99. Nine Up Frozen Foods
100. NK Marine Exports LLP
101. Nutrient Marine Foods Limited
102. Oceanic Edibles International Limited
103. Paragon Sea Foods Pvt. Ltd.
104. Paramount Seafoods
105. Pesca Marine Products Pvt., Ltd.
106. Pijikay International Exports P Ltd.
107. Pravesh Seafood Private Limited
108. Premier Exports International
109. Premier Marine Foods
110. Premier Seafoods Exim (P) Ltd.
111. Raju Exports
112. Raunaq Ice & Cold Storage
113. RDR Exports
114. RF Exports Private Limited
115. Riyarchita Agro Farming Private Limited
116. Rupsha Fish Private Limited
117. R V R Marine Products Private Limited
118. S Chanchala Combines Private Limited
119. Sagar Samrat Seafoods
120. Sahada Exports
121. Samaki Exports Private Limited
122. Sasoondock Matsyodyog Sahakari
Society Ltd.
123. Sea Doris Marine Exports
124. Seagold Overseas Pvt. Ltd.
125. Shimpo Exports Private Limited
126. Shimpo Seafoods Private Limited
127. Shiva Frozen Food Exp. Pvt. Ltd.
128. Shroff Processed Food & Cold Storage P
Ltd.
129. Silver Seafood
130. Sita Marine Exports
131. Sonia Fisheries
132. Sri Sakkthi Cold Storage
133. Srikanth International
134. SSF Ltd.
135. Star Agro Marine Exports Private
Limited
136. Star Organic Foods Private Limited
137. Stellar Marine Foods Private Limited
138. Sterling Foods
139. Summit Marine Exports Private Limited
140. Sun Agro Exim
141. Supran Exim Private Limited
142. Suvarna Rekha Exports Private Limited
143. Suvarna Rekha Marines P Ltd.
144. TBR Exports Pvt. Ltd.
145. Teekay Marine P Ltd.
146. The Waterbase Limited
147. Torry Harris Seafoods Ltd.
148. Triveni Fisheries P Ltd.
149. U & Company Marine Exports
150. Ulka Sea Foods Private Limited
151. Uniroyal Marine Exports Ltd.
152. Unitriveni Overseas Private Limited
153. Vaisakhi Bio-Marine Pvt. Ltd.
154. Vasai Frozen Food Co.
155. Veronica Marine Exports Private
Limited
156. Victoria Marine & Agro Exports Ltd.
157. Vinner Marine
158. Vitality Aquaculture Pvt. Ltd.
159. VKM Foods Private Limited
160. VRC Marine Foods LLP
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161. Zeal Aqua Limited
[FR Doc. 2022–04182 Filed 2–28–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) is
automatically initiating the five-year
reviews (Sunset Reviews) of the
antidumping and countervailing duty
(AD/CVD) order(s) and suspended
investigation(s) listed below. The
International Trade Commission (the
AGENCY:
DOC case No.
A–570–967
A–570–832
A–570–044
A–570–042
A–580–085
C–570–968
C–570–043
........
........
........
........
........
.......
.......
ITC case No.
731–TA–1177
731–TA–696
731–TA–1313
731–TA–1312
731–TA–1314
701–TA–475
701–TA–557
China
China
China
China
South
China
China
jspears on DSK121TN23PROD with NOTICES1
Jkt 256001
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s) and
suspended investigation(s):
Product
................
................
................
................
Korea .....
................
................
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://enforcement.
trade.gov/sunset/. All submissions in
these Sunset Reviews must be filed in
accordance with Commerce’s
regulations regarding format,
translation, and service of documents.
These rules, including electronic filing
requirements via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
can be found at 19 CFR 351.303.
In accordance with section 782(b) of
the Act, any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.
Parties must use the certification
formats provided in 19 CFR 351.303(g).
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
19:01 Feb 28, 2022
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
Country
Filing Information
VerDate Sep<11>2014
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews which covers the
same order(s) and suspended
investigation(s).
DATES: Applicable March 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION:
Commerce contact
Aluminum Extrusions (2nd Review) ....................
Pure Magnesium (5th Review) ...........................
R–134 (1st Review) ............................................
Stainless Sheet and Strip (1st Review) ..............
Phosphorous Copper (1st Review) .....................
Aluminum Extrusions (2nd Review) ....................
Stainless Sheet and Strip (1st Review) ..............
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Jacky Arrowsmith, (202) 482–5255.
Jacky Arrowsmith, (202) 482–5255.
Letters of Appearance and
Administrative Protective Orders
proprietary information, until further
notice.1
Pursuant to 19 CFR 351.103(d),
Commerce will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (APO) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. Commerce’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
Information Required From Interested
Parties
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.2
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
2 See 19 CFR 351.218(d)(1)(iii).
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11413-11416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04182]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain frozen warmwater shrimp (shrimp) from India is being, or
is likely to be, sold in the United States at less than normal value
(NV) during the period of review (POR) February 1, 2020, through
January 31, 2021.
DATES: Applicable March 1, 2022.
FOR FURTHER INFORMATION CONTACT: Terre Keaton or 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) 482-1280 or (202) 482-6172,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty order on shrimp from
India.\1\ This review covers 163 producers and/or exporters of the
subject merchandise. Commerce selected two mandatory respondents for
individual examination: LNSK Green House Agro Products LLP (LNSK) and
Royal Imports and Exports (Royal). For a complete description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Certain Frozen Warmwater Shrimp from India,'' 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 frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.04, 0306.17.00.05, 0306.17.00.06,
0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10,
0306.17.00.11, 0306.17.00.12, 0306.17.00.13, 0306.17.00.14,
0306.17.00.15, 0306.17.00.16, 0306.17.00.17, 0306.17.00.18,
0306.17.00.19, 0306.17.00.20, 0306.17.00.21, 0306.17.00.22,
0306.17.00.23, 0306.17.00.24, 0306.17.00.25, 0306.17.00.26,
0306.17.00.27, 0306.17.00.28, 0306.17.00.29, 0306.17.00.40,
0306.17.00.41, 0306.17.00.42, 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.\3\
---------------------------------------------------------------------------
\3\ For a complete description of the scope of the order, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV 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://access.trade.gov/public/FRNoticesListLayout.aspx. A list
[[Page 11414]]
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
weighted-average dumping margins exist for the respondents for the
period February 1, 2020, through January 31, 2021, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
LNSK Green House Agro Products LLP.......................... 0.00
Royal Imports and Exports................................... 3.01
Companies Not Selected for Individual Review \4\............ 3.01
------------------------------------------------------------------------
Review-Specific Average Rate for Companies Not Selected for Individual
Review
The exporters or producers not selected for individual review are
listed in Appendix II.
---------------------------------------------------------------------------
\4\ Under section 735(c)(5)(A) of the Act, the all-others rate
is normally ``an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually examined, excluding any margins that are
zero or de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Because the margin calculated
for LNSK in these preliminary results is zero, we have preliminarily
assigned a dumping margin to these companies based on the rate
calculated for Royal.
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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.\5\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\6\ 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.\7\ 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.\8\ Case and rebuttal
briefs should be filed using ACCESS.\9\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ 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 Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\10\ 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. Oral
presentations at 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.\11\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\12\
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\12\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\13\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), because both respondents reported
the entered value for all of their U.S. sales, we will calculate
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 either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by LNSK or Royal for which
these 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.\14\
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
will assign an assessment rate based on the review-specific average
rate, calculated as noted in the ``Preliminary Results of Review''
section, above. 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.\15\
---------------------------------------------------------------------------
\15\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 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 each specific
company 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 will continue to be the company-specific rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this 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 segment 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.\16\ These
deposit requirements, when imposed,
[[Page 11415]]
shall remain in effect until further notice.
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\16\ See Notice of Amended Final Determination of Sale at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147 (February 1, 2005).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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 the 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.
Dated: February 22, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
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
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
1. Abad Fisheries
2. Accelerated Freeze Drying Co.
3. ADF Foods Ltd.
4. Albys Agro Private Limited
5. Al-Hassan Overseas Private Limited
6. Allana Frozen Foods Pvt. Ltd.
7. Allanasons Ltd.
8. Alps Ice & Cold Storage Private Limited
9. Amarsagar Seafoods Private Limited
10. Amulya Seafoods
11. Anantha Seafoods Private Limited
12. Anjaneya Seafoods
13. Asvini Agro Exports
14. Ayshwarya Seafood Private Limited
15. B R Traders
16. Baby Marine Eastern Exports
17. Baby Marine Exports
18. Baby Marine International
19. Baby Marine Sarass
20. Baby Marine Ventures
21. Balasore Marine Exports Private Limited
22. BB Estates & Exports Private Limited
23. Bell Exim Private Limited
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. Bluepark Seafoods Pvt. Ltd.
30. Britto Seafood Exports Pvt Ltd.
31. Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co.
32. Canaan Marine Products
33. Capithan Exporting Co.
34. Cargomar Private Limited
35. Chakri Fisheries Private Limited
36. Chemmeens (Regd)
37. Cherukattu Industries (Marine Div)
38. Cochin Frozen Food Exports Pvt. Ltd.
39. Continental Fisheries India Private Limited
40. Coreline Exports
41. Corlim Marine Exports Pvt. Ltd.
42. CPF (India) Private Limited
43. Crystal Sea Foods Private Limited
44. Danica Aqua Exports Private Limited
45. Datla Sea Foods
46. Delsea Exports Pvt. Ltd.
47. Devi Sea Foods Limited \17\
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\17\ 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, we initiated this administrative
review with respect to Devi only for shrimp produced in India where
Devi acted as either the manufacturer or exporter (but not both).
---------------------------------------------------------------------------
48. Empire Industries Limited
49. Entel Food Products Private Limited
50. Esmario Export Enterprises
51. Everblue Sea Foods Private Limited
52. Febin Marine Foods Private Limited
53. Fedora Sea Foods Private Limited
54. Food Products Pvt., Ltd./Parayil Food Products Private Limited
55. Fouress Food Products Private Limited
56. Frontline Exports Pvt. Ltd.
57. G A Randerian Ltd.
58. Gadre Marine Exports (AKA Gadre Marine Exports Pvt. Ltd.)
59. Galaxy Maritech Exports P. Ltd.
60. Geo Aquatic Products (P) Ltd.
61. Godavari Mega Aqua Food Park Private Limited
62. Grandtrust Overseas (P) Ltd.
63. GVR Exports Pvt. Ltd.
64. Hari Marine Private Limited
65. Haripriya Marine Export Pvt. Ltd.
66. HIC ABF Special Foods Pvt. Ltd.
67. Hiravati Exports Pvt. Ltd.
68. Hiravati International Pvt. Ltd.
69. Hiravati Marine Products Private Limited
70. HMG Industries Limited
71. HN Indigos Private Limited
72. Hyson Exports Private Limited
73. Indian Aquatic Products
74. Indo Aquatics
75. Indo Fisheries
76. Indo French Shellfish Company Private Limited
77. International Freezefish Exports
78. Jinny Marine Traders
79. K.V. Marine Exports
80. Karunya Marine Exports Private Limited
81. Kaushalya Aqua Marine Product Exports Pvt. Ltd.
82. Kay Exports
83. Kings Marine Products
84. Koluthara Exports Ltd.
85. Libran Foods
86. Mangala Sea Products
87. Marine Harvest India
88. Megaa Moda Pvt. Ltd.
89. Milsha Agro Exports Private Limited
90. Milsha Sea Product
91. Minaxi Fisheries Private Limited
92. Mindhola Foods LLP
93. MMC Exports Limited
94. MTR Foods
95. Naik Frozen Foods Private Limited
96. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd.
97. Naik Seafoods Limited
98. NAS Fisheries Pvt. Ltd.
99. Nine Up Frozen Foods
100. NK Marine Exports LLP
101. Nutrient Marine Foods Limited
102. Oceanic Edibles International Limited
103. Paragon Sea Foods Pvt. Ltd.
104. Paramount Seafoods
105. Pesca Marine Products Pvt., Ltd.
106. Pijikay International Exports P Ltd.
107. Pravesh Seafood Private Limited
108. Premier Exports International
109. Premier Marine Foods
110. Premier Seafoods Exim (P) Ltd.
111. Raju Exports
112. Raunaq Ice & Cold Storage
113. RDR Exports
114. RF Exports Private Limited
115. Riyarchita Agro Farming Private Limited
116. Rupsha Fish Private Limited
117. R V R Marine Products Private Limited
118. S Chanchala Combines Private Limited
119. Sagar Samrat Seafoods
120. Sahada Exports
121. Samaki Exports Private Limited
122. Sasoondock Matsyodyog Sahakari Society Ltd.
123. Sea Doris Marine Exports
124. Seagold Overseas Pvt. Ltd.
125. Shimpo Exports Private Limited
126. Shimpo Seafoods Private Limited
127. Shiva Frozen Food Exp. Pvt. Ltd.
128. Shroff Processed Food & Cold Storage P Ltd.
129. Silver Seafood
130. Sita Marine Exports
131. Sonia Fisheries
132. Sri Sakkthi Cold Storage
133. Srikanth International
134. SSF Ltd.
135. Star Agro Marine Exports Private Limited
136. Star Organic Foods Private Limited
137. Stellar Marine Foods Private Limited
138. Sterling Foods
139. Summit Marine Exports Private Limited
140. Sun Agro Exim
141. Supran Exim Private Limited
142. Suvarna Rekha Exports Private Limited
143. Suvarna Rekha Marines P Ltd.
144. TBR Exports Pvt. Ltd.
145. Teekay Marine P Ltd.
146. The Waterbase Limited
147. Torry Harris Seafoods Ltd.
148. Triveni Fisheries P Ltd.
149. U & Company Marine Exports
150. Ulka Sea Foods Private Limited
151. Uniroyal Marine Exports Ltd.
152. Unitriveni Overseas Private Limited
153. Vaisakhi Bio-Marine Pvt. Ltd.
154. Vasai Frozen Food Co.
155. Veronica Marine Exports Private Limited
156. Victoria Marine & Agro Exports Ltd.
157. Vinner Marine
158. Vitality Aquaculture Pvt. Ltd.
159. VKM Foods Private Limited
160. VRC Marine Foods LLP
[[Page 11416]]
161. Zeal Aqua Limited
[FR Doc. 2022-04182 Filed 2-28-22; 8:45 am]
BILLING CODE 3510-DS-P
