Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022, 42913-42914 [2023-14100]
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Federal Register / Vol. 88, No. 127 / Wednesday, July 5, 2023 / Notices
Suspended Investigation
No Sunset Review of suspended
investigations is scheduled for initiation
in August 2023.
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.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2023–14101 Filed 7–3–23; 8:45 am]
Benjamin Luberda or Ann Marie Caton,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2185 or
(202) 482–2607, respectively.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–P
Background
Dated: June 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the sole exporter/producer subject to
this review did not make sales of subject
merchandise at less than normal value
during the period of review (POR),
February 1, 2021, through January 31,
2022.
AGENCY:
DATES:
Applicable July 5, 2023.
On March 7, 2023, Commerce
published the Preliminary Results and
invited comments from interested
parties.1 No interested party submitted
comments. Accordingly, Commerce
made no changes to the Preliminary
Results.2
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 3
The merchandise subject to the Order
is certain warmwater shrimp and
prawns. For a full description of the
scope of the Order, see the Preliminary
Results.4
Final Results of Review
We determine that the following
weighted-average dumping margin
exists for the period February 1, 2021,
through January 31, 2022:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Thai Union Group Public Co., Ltd./Thai Union Seafood Co., Ltd./Pakfood Public Company Limited/Asia Pacific (Thailand) Co.,
Ltd./Chaophraya Cold Storage Co., Ltd./Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin Samut Co., Ltd ..............................
Disclosure
ddrumheller on DSK120RN23PROD with NOTICES1
Because Commerce received no
comments on the Preliminary Results,
we have not modified our analysis and
no decision memorandum accompanies
this Federal Register notice. We are
adopting the Preliminary Results as the
final results of this review.
Consequently, there are no new
calculations to disclose in accordance
with 19 CFR 351.224(b) for these final
results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
1 See Certain Frozen Warmwater Shrimp from
Thailand: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
VerDate Sep<11>2014
17:11 Jul 03, 2023
Jkt 259001
42913
0.00
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
where the respondent reported the
entered value of their U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
Review; 2021–2022, 88 FR 14137 (March 7, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 For further details of the issues addressed in this
proceeding, see the Preliminary Results PDM.
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from Thailand, 70 FR 5145 (February 1, 2005)
(Order).
4 See Preliminary Results PDM at 4–5.
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42914
Federal Register / Vol. 88, No. 127 / Wednesday, July 5, 2023 / Notices
or exported by Thai Union 5 for which
the company 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.6
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).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the 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 listed above,
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, a previous review, or the lessthan-fair-value (LTFV) investigation, but
the manufacturer is, then 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 5.34 percent, the allothers rate established in the Section
129 Determination.7 These cash deposit
5 Thai Union consists of Thai Union Group Public
Co., Ltd./Thai Union Seafood Co., Ltd./Pakfood
Public Company Limited/Asia Pacific (Thailand)
Co., Ltd./Chaophraya Cold Storage Co., Ltd./
Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin
Samut Co., Ltd.
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
7 See Implementation of the Findings of the WTO
Panel in United States Antidumping Measure on
Shrimp from Thailand: Notice of Determination
VerDate Sep<11>2014
17:11 Jul 03, 2023
Jkt 259001
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: June 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on certain frozen
warmwater shrimp from the People’s
Republic of China (China), India,
Thailand, and the Socialist Republic of
Vietnam (Vietnam) would likely lead to
the continuation or recurrence of
dumping, and material injury to an
industry in the United States,
Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart, 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) 482–1058.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce
published in the Federal Register the
AD orders on certain frozen warmwater
shrimp from China, India, Thailand, and
Vietnam.1 On May 2, 2022, the ITC
instituted,2 and Commerce initiated,3
the third sunset review of the Orders,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As
a result of its reviews, Commerce
determined that revocation of the
Orders would likely lead to the
continuation or recurrence of dumping
and, therefore, notified the ITC of the
magnitude of the margins of dumping
likely to prevail should the Orders be
revoked.4
On June 26, 2023, the ITC published
its determination, pursuant to sections
[FR Doc. 2023–14100 Filed 7–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893, A–549–822, A–533–840, A–552–
802]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China,
India, Thailand, and the Socialist
Republic of Vietnam: Continuation of
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
AGENCY:
Under Section 129 of the Uruguay Rounds
Agreements Act and Partial Revocation of the
Antidumping Duty Order on Frozen Warmwater
Shrimp from Thailand, 74 FR 5638 (January 30,
2009) (Section 129 Determination).
PO 00000
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1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
From the People’s Republic of China, 70 FR 5149
(February 1, 2005); Notice of Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from India, 70 FR 5147
(February 1, 2005); Notice of Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from Thailand, 70 FR 5145
(February 1, 2005); and Notice of Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam, 70 FR 5152 (February 1, 2005)
(collectively, Orders).
2 See Frozen Warmwater Shrimp from China,
India, Thailand, and Vietnam; Institution of FiveYear Reviews, 87 FR 25665 (May 2, 2022).
3 See Initiation of Five-Year (Sunset) Reviews, 87
FR 25617 (May 2, 2022).
4 See Certain Frozen Warmwater Shrimp from the
People’s Republic of China, India, Thailand, and
the Socialist Republic of Vietnam: Final Results of
the Expedited Third Sunset Review of the
Antidumping Duty Orders, 87 FR 54453 (September
6, 2022), and accompanying Issues and Decision
Memorandum.
E:\FR\FM\05JYN1.SGM
05JYN1
]]>Agencies
[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42913-42914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14100]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Final 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) determines that the
sole exporter/producer subject to this review did not make sales of
subject merchandise at less than normal value during the period of
review (POR), February 1, 2021, through January 31, 2022.
DATES: Applicable July 5, 2023.
FOR FURTHER INFORMATION CONTACT: Benjamin Luberda or Ann Marie Caton,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2185 or (202)
482-2607, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2023, Commerce published the Preliminary Results and
invited comments from interested parties.\1\ No interested party
submitted comments. Accordingly, Commerce made no changes to the
Preliminary Results.\2\
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from Thailand:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 14137 (March 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ For further details of the issues addressed in this
proceeding, see the Preliminary Results PDM.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Thailand, 70 FR 5145 (February 1, 2005) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain warmwater shrimp
and prawns. For a full description of the scope of the Order, see the
Preliminary Results.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results PDM at 4-5.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margin
exists for the period February 1, 2021, through January 31, 2022:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Thai Union Group Public Co., Ltd./Thai Union Seafood 0.00
Co., Ltd./Pakfood Public Company Limited/Asia Pacific
(Thailand) Co., Ltd./Chaophraya Cold Storage Co., Ltd./
Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin Samut
Co., Ltd..............................................
------------------------------------------------------------------------
Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis and no decision memorandum
accompanies this Federal Register notice. We are adopting the
Preliminary Results as the final results of this review. Consequently,
there are no new calculations to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of their U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced
[[Page 42914]]
or exported by Thai Union \5\ for which the company 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.\6\
---------------------------------------------------------------------------
\5\ Thai Union consists of Thai Union Group Public Co., Ltd./
Thai Union Seafood Co., Ltd./Pakfood Public Company Limited/Asia
Pacific (Thailand) Co., Ltd./Chaophraya Cold Storage Co., Ltd./
Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin Samut Co., Ltd.
\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 the 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 listed above, 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, a previous review, or the less-than-fair-value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 5.34 percent, the
all-others rate established in the Section 129 Determination.\7\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\7\ See Implementation of the Findings of the WTO Panel in
United States Antidumping Measure on Shrimp from Thailand: Notice of
Determination Under Section 129 of the Uruguay Rounds Agreements Act
and Partial Revocation of the Antidumping Duty Order on Frozen
Warmwater Shrimp from Thailand, 74 FR 5638 (January 30, 2009)
(Section 129 Determination).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: June 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-14100 Filed 7-3-23; 8:45 am]
BILLING CODE 3510-DS-P
