Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 13430-13433 [2023-04437]

Download as PDF 13430 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices 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. The U.S. 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, 2021, through January 31, 2022. SUMMARY: Administrative Protective Order This notice serves as the only reminder to parties subject to an 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. 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 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Results IV. Discussion of the Issues Comment 1: Whether Commerce Should Revise Its Steel Plate Cost Smoothing Adjustment Comment 2: Whether Additional Revenues for U.S. Sales Should Be Included in the U.S. Price Calculation Comment 3: Reallocating Indirect Costs Based on Direct Materials Consumed V. Recommendation [FR Doc. 2023–04435 Filed 3–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration DATES: Applicable March 3, 2023. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Adam Simons, AD/CVD Operations, Office IX, 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. Background On April 12, 2022, 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 187 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Megaa Moda Pvt. Ltd. (Megaa Moda) and NK Marine Exports LLP (NK Marine). For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.2 ddrumheller on DSK120RN23PROD with NOTICES1 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached as Appendix I to this notice. 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. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2021, through January 31, 2022: 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: 0306.17.00.04, 0306.17.00.05, 0306.17.00.07, 0306.17.00.08, 0306.17.00.10, 0306.17.00.11, 0306.17.00.13, 0306.17.00.14, 0306.17.00.16, 0306.17.00.17, 0306.17.00.19, 0306.17.00.20, 0306.17.00.22, 0306.17.00.23, 0306.17.00.25, 0306.17.00.26, 0306.17.00.28, 0306.17.00.29, 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 [A–533–840] Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 product description remains dispositive.3 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Exporter/producer Megaa Moda Pvt. Ltd ................. NK Marine Exports LLP .............. Companies Not Selected for Individual Review 4 ..................... Weightedaverage dumping margin (percent) 7.92 1.43 3.76 Review-Specific Average Rate for Companies Not Selected for Individual Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when 3 For a complete description of the scope of the order, see the Preliminary Decision Memorandum. 4 The exporters or producers not selected for individual review are listed in Appendix II. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices calculating the rate for companies which were not selected for individual examination in an administrative review. 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 weightedaverage 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}.’’ For these preliminary results, we have preliminarily calculated a weighted-average dumping margin for these companies using the calculated rates of the mandatory respondents, Megaa Moda and NK Marine, which are not zero or de minimis, or determined entirely on the basis of facts available. ddrumheller on DSK120RN23PROD with NOTICES1 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 An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 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.11 Hearing requests should contain: (1) the party’s 5 See 19 CFR 351.224(b). 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. 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See 19 CFR 351.310(c). 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.12 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 in the Federal Register, unless otherwise extended.13 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.14 Pursuant to 19 CFR 351.212(b)(1), because both respondents reported the entered value for all of 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 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 Megaa Moda or NK Marine 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.15 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. This rate is an average of the cash deposit rates calculated for Megaa Moda and NK 6 See VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 12 See 19 CFR 351.310(d). section 751(a)(3)(A) of the Act. 14 See 19 CFR 351.212(b)(1). 15 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 13431 Marine. 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.16 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 covered by this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the lessthan-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 allothers rate established in the LTFV investigation.17 These deposit requirements, when imposed, 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 13 See PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16 See section 751(a)(2)(C) of the Act. 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). 17 See E:\FR\FM\03MRN1.SGM 03MRN1 13432 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices 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 27, 2023. 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 ddrumheller on DSK120RN23PROD with NOTICES1 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. Amaravathi Aqua Exports Private Limited 10. Amarsagar Seafoods Private Limited 11. Amulya Seafoods 12. Anantha Seafoods Private Limited 13. Anjaneya Seafoods 14. Asvini Agro Exports 15. Ayshwarya Seafood Private Limited 16. B R Traders 17. Baby Marine Eastern Exports 18. Baby Marine Exports 19. Baby Marine International 20. Baby Marine Sarass 21. Baby Marine Ventures 22. Balasore Marine Exports Private Limited 23. BB Estates & Exports Private Limited 24. Bell Exim Private Limited 25. Bhatsons Aquatic Products 26. Bhavani Seafoods 27. Bhimraj Exports Private Limited 28. Bijaya Marine Products 29. Blue-Fin Frozen Foods Pvt. Ltd. 30. Blue Water Foods & Exports P. Ltd. 31. Blue Park Seafoods Pvt. Ltd. 32. Britto Seafood Exports Pvt Ltd. 33. Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co. 34. Canaan Marine Products 35. Capithan Exporting Co. 36. Cargomar Private Limited 37. Chakri Fisheries Private Limited 38. Chemmeens (Regd) 39. Cherukattu Industries (Marine Div) 40. Cochin Frozen Food Exports Pvt. Ltd. 41. Cofoods Processors Private Limited VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 42. Continental Fisheries India Private Limited 43. Coreline Exports 44. Corlim Marine Exports Pvt. Ltd. 45. CPF (India) Private Limited 46. Crystal Sea Foods Private Limited 47. Danica Aqua Exports Private Limited 48. Datla Sea Foods 49. Deepak Nexgen Foods and Feeds Private Limited 50. Delsea Exports Pvt. Ltd. 51. Devi Sea Foods Limited 18 52. Dwaraka Sea Foods 53. Empire Industries Limited 54. Entel Food Products Private Limited 55. Esmario Export Enterprises 56. Everblue Sea Foods Private Limited 57. Febin Marine Foods Private Limited 58. Fedora Sea Foods Private Limited 59. Food Products Pvt., Ltd./Parayil Food Products Pvt., Ltd. 60. Fouress Food Products Private Limited 61. Frontline Exports Pvt. Ltd. 62. G A Randerian Ltd. 63. Gadre Marine Exports (AKA Gadre Marine Exports Pvt. Ltd.) 64. Galaxy Maritech Exports P. Ltd. 65. Geo Aquatic Products (P) Ltd. 66. Grandtrust Overseas (P) Ltd. 67. GVR Exports Pvt. Ltd. 68. Hari Marine Private Limited 69. Haripriya Marine Export Pvt. Ltd. 70. HIC ABF Special Foods Pvt. Ltd. 71. Highland Agro 72. Hiravati Exports Pvt. Ltd. 73. Hiravati International Pvt. Ltd. 74. Hiravati Marine Products Private Limited 75. HMG Industries Ltd. 76. HN Indigos Private Limited 77. Hyson Exports Private Limited 78. Hyson Logistics and Marine Exports Private Limited 79. Indian Aquatic Products 80. Indo Aquatics 81. Indo Fisheries 82. Indo French Shellfish Company Private Limited 83. International Freezefish Exports 84. Jinny Marine Traders 85. Jude Foods India Private Limited 86. K.V. Marine Exports 87. Karunya Marine Exports Private Limited 88. Kaushalya Aqua Marine Product Exports Pvt. Ltd. 89. Kay Kay Exports 90. Kings Infra Ventures Limited 91. Kings Marine Products 92. Koluthara Exports Ltd. 93. Libran Foods 94. Lito Marine Exports Private Limited 95. Mangala Sea Products 96. Marine Harvest India 97. Milsha Agro Exports Pvt. Ltd. 98. Milsha Sea Products 99. Minaxi Fisheries Private Limited 18 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 100. Mindhola Foods LLP 101. Minh Phu Group 102. MMC Exports Limited 103. MTR Foods 104. Naik Frozen Foods Private Limited 105. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd 106. Naik Seafoods Ltd. 107. NAS Fisheries Pvt. Ltd 108. Nine Up Frozen Foods 109. Nutrient Marine Foods Limited 110. Oceanic Edibles International Limited 111. Paragon Sea Foods Pvt. Ltd. 112. Paramount Seafoods 113. Pesca Marine Products Pvt., Ltd. 114. Pijikay International Exports P Ltd. 115. Poyilakada Fisheries Private Limited 116. Pravesh Seafood Private Limited 117. Premier Exports International 118. Premier Marine Foods 119. Premier Seafoods Exim (P) Ltd. 120. Protech Organo Foods Private Limited 121. Raju Exports 122. Rajyalakshmi Marine Exports 123. Ram’s Assorted Cold Storage Limited 124. Raunaq Ice & Cold Storage 125. RDR Exports 126. RF Exports Private Limited 127. Rising Tide 128. Riyarchita Agro Farming Private Limited 129. Rupsha Fish Private Limited 130. R V R Marine Products Private Limited 131. S Chanchala Combines Private Limited 132. Safera Food International 133. Sagar Samrat Seafoods 134. Sahada Exports 135. Sai Aquatechs Private Limited 136. Salet Seafoods Pvt. Ltd. 137. Samaki Exports Private Limited 138. Sanchita Marine Products Private Limited 139. Sasoondock Matsyodyog Sahakari Society Ltd. 140. Sea Doris Marine Exports 141. Seagold Overseas Pvt. Ltd. 142. Seasaga Enterprises Private Limited/ Seasaga Group 143. Shimpo Exports Private Limited 144. Shimpo Seafoods Private Limited 145. Shiva Frozen Food Exp. Pvt. Ltd. 146. Shroff Processed Food & Cold Storage P Ltd. 147. Sigma Seafoods 148. Silver Seafood 149. Sita Marine Exports 150. Sonia Fisheries 151. Sreeragam Exports Private Limited 152. Sri Sakkthi Cold Storage 153. Srikanth International 154. SSF Ltd. 155. Star Agro Marine Exports Private Limited 156. Star Organic Foods Private Limited 157. Stellar Marine Foods Private Limited 158. Sterling Foods 159. Sun Agro Exim 160. Supran Exim Private Limited 161. Suvarna Rekha Exports Private Limited 162. Suvarna Rekha Marines P Ltd. 163. TBR Exports Private Limited 164. Teekay Marines Private Limited 165. Tej Aqua Feeds Private Limited 166. The Waterbase Limited 167. Torry Harris Seafoods Ltd. 168. Triveni Fisheries P Ltd. 169. U & Company Marine Exports E:\FR\FM\03MRN1.SGM 03MRN1 13433 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices 170. Ulka Sea Foods Private Limited 171. Uniloids Biosciences Private Limited 172. Uniroyal Marine Exports Ltd. 173. Unitriveni Overseas Private Limited 174. Vaisakhi Bio-Marine Private Limited 175. Varma Marine 176. Vasai Frozen Food Co. 177. Veronica Marine Exports Private Limited 178. Victoria Marine & Agro Exports Ltd. 179. Vinner Marine 180. Vitality Aquaculture Pvt. Ltd. 181. VKM Foods Private Limited 182. VRC Marine Foods LLP 183. West Coast Fine Foods (India) Private Limited 184. West Coast Frozen Foods Private Limited 185. Zeal Aqua Limited [FR Doc. 2023–04437 Filed 3–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Preliminary Intent To Rescind, in Part, the Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain exporters/ producers of certain cut-to-length plate (CTL plate) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021. We invite interested parties to comment on these preliminary results. DATES: Applicable March 3, 2023. FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1671. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On February 10, 2000, Commerce published in the Federal Register the countervailing duty (CVD) order on CTL plate from Korea.1 On April 12, 2022, 1 See Notice of Amended Final Determinations: Certain Cut-to-Length Carbon-Quality Steel Plate from India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate from France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) (Order). VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 Commerce published in the Federal Register its initiation of the CVD administrative review of the Order for the period January 1, 2021, to December 31, 2021.2 On May 2, 2022, Commerce selected Hyundai Steel Company (Hyundai Steel) as the sole mandatory respondent in this administrative review.3 On October 5, 2022, Commerce extended the deadline for issuance of the preliminary results of this review by 120 days, until February 28, 2023, in accordance with 19 CFR 351.213(h)(2).4 A list of topics discussed in the Preliminary Decision Memorandum is included in the appendix to this notice. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 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. Scope of the Order The product covered by this Order is certain cut-to-length carbon-quality steel plate. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Preliminary Intent To Rescind Administrative Review, in Part Based on our analysis of U.S. Customs and Border Protection (CBP) data and comments received from interested parties, we preliminarily determine that two companies, BDP International and Sung Jin Steel Co., Ltd, had no reviewable shipments, sales or entries of subject merchandise during the POR. Absent any evidence of shipments placed on the record, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the administrative review of these companies in the final results of review. 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation Notice). 3 See Memorandum, ‘‘Respondent Selection,’’ dated May 2, 2022. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results,’’ dated October 5, 2022. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, 2021: Certain Cut-ToLength Carbon-Quality Steel Plate from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 For further information, see ‘‘Preliminary Intent to Rescind Administrative Review, in Part’’ in the Preliminary Decision Memorandum. Methodology Commerce is conducting this CVD administrative review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Rate for Non-Selected Companies Under Review There are four companies for which a review was requested.7 Of those, as discussed above, we intend to rescind the review for two companies that had no reviewable entries during the POR. In addition, Commerce selected one mandatory respondent, Hyundai Steel, for individual examination. Because the rate calculated for mandatory respondent Hyundai Steel is above de minimis and not based entirely on facts available, we have applied the subsidy rate calculated for the mandatory respondent to Dongkuk Steel Mill Co., Ltd., the remaining company subject to this review. This methodology is consistent with our practice for establishing an all-others subsidy rate pursuant to section 705(c)(5)(A) of the Act. For further information on the nonselected respondent rate, refer to the section in the Preliminary Decision Memorandum entitled ‘‘Non-Selected Companies Under Review.’’ Preliminary Results of Review As a result of this review, we preliminarily determine the following net countervailable subsidy rates for the period January 1, 2021, through December 31, 2021: Company Hyundai Steel Company ...... Dongkuk Steel Mill Co., Ltd Net countervailable subsidy rate (percent) 1.10 1.10 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Initiation Notice, 87 FR at 21635. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13430-13433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04437]


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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; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. 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, 2021, 
through January 31, 2022.

DATES: Applicable March 3, 2023.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Adam Simons, 
AD/CVD Operations, Office IX, 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.

Background

    On April 12, 2022, 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 187 producers and/or exporters of the 
subject merchandise. Commerce selected two mandatory respondents for 
individual examination: Megaa Moda Pvt. Ltd. (Megaa Moda) and NK Marine 
Exports LLP (NK Marine). 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, 87 FR 21619 (April 12, 2022).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 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).
---------------------------------------------------------------------------

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: 
0306.17.00.04, 0306.17.00.05, 0306.17.00.07, 0306.17.00.08, 
0306.17.00.10, 0306.17.00.11, 0306.17.00.13, 0306.17.00.14, 
0306.17.00.16, 0306.17.00.17, 0306.17.00.19, 0306.17.00.20, 
0306.17.00.22, 0306.17.00.23, 0306.17.00.25, 0306.17.00.26, 
0306.17.00.28, 0306.17.00.29, 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
Appendix I to this notice. 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.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period February 1, 2021, through January 31, 2022:
---------------------------------------------------------------------------

    \4\ The exporters or producers not selected for individual 
review are listed in Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Megaa Moda Pvt. Ltd.........................................        7.92
NK Marine Exports LLP.......................................        1.43
Companies Not Selected for Individual Review \4\............        3.76
------------------------------------------------------------------------

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

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when

[[Page 13431]]

calculating the rate for companies which were not selected for 
individual examination in an administrative review. 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} .'' 
For these preliminary results, we have preliminarily calculated a 
weighted-average dumping margin for these companies using the 
calculated rates of the mandatory respondents, Megaa Moda and NK 
Marine, which are not zero or de minimis, or determined entirely on the 
basis of facts available.

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\ An electronically-filed 
document must be received successfully in its entirety by ACCESS by 
5:00 p.m. Eastern Time on the established deadline. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\10\
---------------------------------------------------------------------------

    \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.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing 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.\11\ 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.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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 in the Federal Register, unless otherwise extended.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

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.\14\ Pursuant to 19 CFR 351.212(b)(1), because both respondents 
reported the entered value for all of 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 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.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Megaa Moda or NK Marine 
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.\15\
---------------------------------------------------------------------------

    \15\ 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. This rate is an average of the cash deposit rates 
calculated for Megaa Moda and NK Marine. 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.\16\
---------------------------------------------------------------------------

    \16\ 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 covered by this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (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.\17\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ 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

[[Page 13432]]

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 27, 2023.
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. Amaravathi Aqua Exports Private Limited
10. Amarsagar Seafoods Private Limited
11. Amulya Seafoods
12. Anantha Seafoods Private Limited
13. Anjaneya Seafoods
14. Asvini Agro Exports
15. Ayshwarya Seafood Private Limited
16. B R Traders
17. Baby Marine Eastern Exports
18. Baby Marine Exports
19. Baby Marine International
20. Baby Marine Sarass
21. Baby Marine Ventures
22. Balasore Marine Exports Private Limited
23. BB Estates & Exports Private Limited
24. Bell Exim Private Limited
25. Bhatsons Aquatic Products
26. Bhavani Seafoods
27. Bhimraj Exports Private Limited
28. Bijaya Marine Products
29. Blue-Fin Frozen Foods Pvt. Ltd.
30. Blue Water Foods & Exports P. Ltd.
31. Blue Park Seafoods Pvt. Ltd.
32. Britto Seafood Exports Pvt Ltd.
33. Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co.
34. Canaan Marine Products
35. Capithan Exporting Co.
36. Cargomar Private Limited
37. Chakri Fisheries Private Limited
38. Chemmeens (Regd)
39. Cherukattu Industries (Marine Div)
40. Cochin Frozen Food Exports Pvt. Ltd.
41. Cofoods Processors Private Limited
42. Continental Fisheries India Private Limited
43. Coreline Exports
44. Corlim Marine Exports Pvt. Ltd.
45. CPF (India) Private Limited
46. Crystal Sea Foods Private Limited
47. Danica Aqua Exports Private Limited
48. Datla Sea Foods
49. Deepak Nexgen Foods and Feeds Private Limited
50. Delsea Exports Pvt. Ltd.
51. Devi Sea Foods Limited \18\
---------------------------------------------------------------------------

    \18\ 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).
---------------------------------------------------------------------------

52. Dwaraka Sea Foods
53. Empire Industries Limited
54. Entel Food Products Private Limited
55. Esmario Export Enterprises
56. Everblue Sea Foods Private Limited
57. Febin Marine Foods Private Limited
58. Fedora Sea Foods Private Limited
59. Food Products Pvt., Ltd./Parayil Food Products Pvt., Ltd.
60. Fouress Food Products Private Limited
61. Frontline Exports Pvt. Ltd.
62. G A Randerian Ltd.
63. Gadre Marine Exports (AKA Gadre Marine Exports Pvt. Ltd.)
64. Galaxy Maritech Exports P. Ltd.
65. Geo Aquatic Products (P) Ltd.
66. Grandtrust Overseas (P) Ltd.
67. GVR Exports Pvt. Ltd.
68. Hari Marine Private Limited
69. Haripriya Marine Export Pvt. Ltd.
70. HIC ABF Special Foods Pvt. Ltd.
71. Highland Agro
72. Hiravati Exports Pvt. Ltd.
73. Hiravati International Pvt. Ltd.
74. Hiravati Marine Products Private Limited
75. HMG Industries Ltd.
76. HN Indigos Private Limited
77. Hyson Exports Private Limited
78. Hyson Logistics and Marine Exports Private Limited
79. Indian Aquatic Products
80. Indo Aquatics
81. Indo Fisheries
82. Indo French Shellfish Company Private Limited
83. International Freezefish Exports
84. Jinny Marine Traders
85. Jude Foods India Private Limited
86. K.V. Marine Exports
87. Karunya Marine Exports Private Limited
88. Kaushalya Aqua Marine Product Exports Pvt. Ltd.
89. Kay Kay Exports
90. Kings Infra Ventures Limited
91. Kings Marine Products
92. Koluthara Exports Ltd.
93. Libran Foods
94. Lito Marine Exports Private Limited
95. Mangala Sea Products
96. Marine Harvest India
97. Milsha Agro Exports Pvt. Ltd.
98. Milsha Sea Products
99. Minaxi Fisheries Private Limited
100. Mindhola Foods LLP
101. Minh Phu Group
102. MMC Exports Limited
103. MTR Foods
104. Naik Frozen Foods Private Limited
105. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd
106. Naik Seafoods Ltd.
107. NAS Fisheries Pvt. Ltd
108. Nine Up Frozen Foods
109. Nutrient Marine Foods Limited
110. Oceanic Edibles International Limited
111. Paragon Sea Foods Pvt. Ltd.
112. Paramount Seafoods
113. Pesca Marine Products Pvt., Ltd.
114. Pijikay International Exports P Ltd.
115. Poyilakada Fisheries Private Limited
116. Pravesh Seafood Private Limited
117. Premier Exports International
118. Premier Marine Foods
119. Premier Seafoods Exim (P) Ltd.
120. Protech Organo Foods Private Limited
121. Raju Exports
122. Rajyalakshmi Marine Exports
123. Ram's Assorted Cold Storage Limited
124. Raunaq Ice & Cold Storage
125. RDR Exports
126. RF Exports Private Limited
127. Rising Tide
128. Riyarchita Agro Farming Private Limited
129. Rupsha Fish Private Limited
130. R V R Marine Products Private Limited
131. S Chanchala Combines Private Limited
132. Safera Food International
133. Sagar Samrat Seafoods
134. Sahada Exports
135. Sai Aquatechs Private Limited
136. Salet Seafoods Pvt. Ltd.
137. Samaki Exports Private Limited
138. Sanchita Marine Products Private Limited
139. Sasoondock Matsyodyog Sahakari Society Ltd.
140. Sea Doris Marine Exports
141. Seagold Overseas Pvt. Ltd.
142. Seasaga Enterprises Private Limited/Seasaga Group
143. Shimpo Exports Private Limited
144. Shimpo Seafoods Private Limited
145. Shiva Frozen Food Exp. Pvt. Ltd.
146. Shroff Processed Food & Cold Storage P Ltd.
147. Sigma Seafoods
148. Silver Seafood
149. Sita Marine Exports
150. Sonia Fisheries
151. Sreeragam Exports Private Limited
152. Sri Sakkthi Cold Storage
153. Srikanth International
154. SSF Ltd.
155. Star Agro Marine Exports Private Limited
156. Star Organic Foods Private Limited
157. Stellar Marine Foods Private Limited
158. Sterling Foods
159. Sun Agro Exim
160. Supran Exim Private Limited
161. Suvarna Rekha Exports Private Limited
162. Suvarna Rekha Marines P Ltd.
163. TBR Exports Private Limited
164. Teekay Marines Private Limited
165. Tej Aqua Feeds Private Limited
166. The Waterbase Limited
167. Torry Harris Seafoods Ltd.
168. Triveni Fisheries P Ltd.
169. U & Company Marine Exports

[[Page 13433]]

170. Ulka Sea Foods Private Limited
171. Uniloids Biosciences Private Limited
172. Uniroyal Marine Exports Ltd.
173. Unitriveni Overseas Private Limited
174. Vaisakhi Bio-Marine Private Limited
175. Varma Marine
176. Vasai Frozen Food Co.
177. Veronica Marine Exports Private Limited
178. Victoria Marine & Agro Exports Ltd.
179. Vinner Marine
180. Vitality Aquaculture Pvt. Ltd.
181. VKM Foods Private Limited
182. VRC Marine Foods LLP
183. West Coast Fine Foods (India) Private Limited
184. West Coast Frozen Foods Private Limited
185. Zeal Aqua Limited

[FR Doc. 2023-04437 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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