Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2022-2023, 56733-56734 [2024-15180]

Download as PDF Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments. Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated. Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce’s procedures.8 Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to Scot Fullerton, Acting Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3). Dated: July 3, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–15101 Filed 7–9–24; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 8 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021). 18:33 Jul 09, 2024 Jkt 262001 International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) 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, 2022, through January 31, 2023. SUMMARY: DATES: Applicable July 10, 2024. FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, 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) 482–0462. SUPPLEMENTARY INFORMATION: Background On March 5, 2024, Commerce published the Preliminary Results and invited comments from interested parties.1 We received no substantive comments by interested parties regarding our Preliminary Results.2 Accordingly, as the final results remain unchanged from the Preliminary Results, there is no decision memorandum accompanying this notice. Commerce conducted this administrative review in accordance with section 751 of the Tarriff Act of 1930, as amended (the Act). Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2022–2023, 89 FR 15821 (March 5, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 We note that, on April 4, 2024, RSA Marines/ Royal Oceans (RSA Marines) submitted a case brief asking Commerce to amend its draft liquidation instructions to include the name of ‘‘RSA Marines’’ as ‘‘Importer.’’ See RSA Marines’ Letter, ‘‘Case Brief of RSA Marines,’’ dated April 4, 2024. We intend to revise the draft liquidation instructions to reflect this change. RSA Marines raised no other comments in its case brief, and we received no other comments from interested parties on the Preliminary Results. Scope of the Order 3 The subject merchandise covered by this Order is certain frozen warmwater shrimp.4 Review-Specific Rate for NonExamined Companies The Act 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 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, de minimis (i.e., less than 0.5 percent), or determined entirely on the basis of facts available.’’ For these final results, because the rate calculated for RSA Marines is zero percent, we have assigned the rate calculated for NK Marine Exports LLP (NK Marine) (i.e., 2.49 percent) to the non-selected companies. Final Results of Review For these final results, we determine that the following estimated weightedaverage dumping margins exist for the respondents for the period February 1, 2022, through January 31, 2023: Exporter/producer NK Marine Exports LLP .............. RSA Marines; Royal Oceans ..... Review-Specific Rate for NonExamined Companies 5 ........... Weightedaverage dumping margin (percent) 2.49 0.00 2.49 1 See BILLING CODE 3510–DS–P VerDate Sep<11>2014 DEPARTMENT OF COMMERCE 56733 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Disclosure Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with the final results of review within five days of any public announcement 3 See 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) (Order). 4 For a complete description of the scope of the Order, see Preliminary Results PDM at 3. 5 The exporters or producers not selected for individual examination are listed in the appendix. E:\FR\FM\10JYN1.SGM 10JYN1 56734 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we made no changes from the Preliminary Results, there are no new calculations to disclose. ddrumheller on DSK120RN23PROD with NOTICES1 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. 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). 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’’ practice will apply to entries of subject merchandise during the POR produced by NK Marine or RSA Marines 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.6 6 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 For the companies listed in the appendix which were not selected for individual examination, we will assign an assessment rate based on the rate calculated for NK Marine, as noted above. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be the rates shown above, 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.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of PO 00000 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 the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: July 3, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Review-Specific Rate Applicable to Companies Not Selected for Individual Examination 1. Accelerated Freeze Drying Co. 2. ADF Foods Ltd. 3. Albys Agro Private Limited 4. Blue Park Seafoods Pvt. Ltd. 5. C.P. Aquaculture (India) Pvt. Ltd. 6. Corlim Marine Exports Pvt. Ltd. 7. Dwaraka Sea Foods 8. Hari Marine Private Limited 9. High Care Marine Foods Exports Private Limited 10. Highland Agro 11. Hyson Exports Private Limited 12. Jude Foods India Private Limited 13. Kay Kay Exports; Kay Kay Foods 14. Mangala Sea Products 15. Megaa Moda Pvt. Ltd. 16. Milsha Agro Exports Pvt. Ltd. 17. Mindhola Foods LLP 18. MMC Exports Limited 19. Naq Foods India Private Limited 20. Orchid Marine Exports Private Limited 21. Rajyalakshmi Marine Exports 22. Sahada Exports 23. Sai Aquatechs Private Limited 24. Shimpo Exports Private Limited 25. Sigma Seafoods 26. Sonia Marine Exports Private Limited 27. Sterling Foods 28. Supran Exim Private Limited 29. Uniloids Biosciences Private Limited 30. Vinner Marine 31. West Coast Fine Foods (India) Private Limited 32. West Coast Frozen Foods Private Limited 33. Zeal Aqua Limited [FR Doc. 2024–15180 Filed 7–9–24; 8:45 am] 7 See Order, 70 FR 5147. Frm 00020 Fmt 4703 BILLING CODE 3510–DS–P Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56733-56734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15180]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Final Results of 
Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) 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, 2022, through January 31, 
2023.

DATES: Applicable July 10, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, 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) 482-0462.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2024, Commerce published the Preliminary Results and 
invited comments from interested parties.\1\ We received no substantive 
comments by interested parties regarding our Preliminary Results.\2\ 
Accordingly, as the final results remain unchanged from the Preliminary 
Results, there is no decision memorandum accompanying this notice.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from India: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission; 2022-2023, 89 FR 15821 (March 5, 2024) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ We note that, on April 4, 2024, RSA Marines/Royal Oceans 
(RSA Marines) submitted a case brief asking Commerce to amend its 
draft liquidation instructions to include the name of ``RSA 
Marines'' as ``Importer.'' See RSA Marines' Letter, ``Case Brief of 
RSA Marines,'' dated April 4, 2024. We intend to revise the draft 
liquidation instructions to reflect this change. RSA Marines raised 
no other comments in its case brief, and we received no other 
comments from interested parties on the Preliminary Results.
---------------------------------------------------------------------------

    Commerce conducted this administrative review in accordance with 
section 751 of the Tarriff 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 India, 70 FR 5147 (February 1, 2005) (Order).
---------------------------------------------------------------------------

    The subject merchandise covered by this Order is certain frozen 
warmwater shrimp.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the Order, see 
Preliminary Results PDM at 3.
---------------------------------------------------------------------------

Review-Specific Rate for Non-Examined Companies

    The Act 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 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, de minimis (i.e., less 
than 0.5 percent), or determined entirely on the basis of facts 
available.''
    For these final results, because the rate calculated for RSA 
Marines is zero percent, we have assigned the rate calculated for NK 
Marine Exports LLP (NK Marine) (i.e., 2.49 percent) to the non-selected 
companies.

Final Results of Review

    For these final results, we determine that the following estimated 
weighted-average dumping margins exist for the respondents for the 
period February 1, 2022, through January 31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NK Marine Exports LLP.......................................        2.49
RSA Marines; Royal Oceans...................................        0.00
Review-Specific Rate for Non-Examined Companies \5\.........        2.49
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \5\ The exporters or producers not selected for individual 
examination are listed in the appendix.
---------------------------------------------------------------------------

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with the final results of review 
within five days of any public announcement

[[Page 56734]]

or, if there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, because we made no changes 
from the Preliminary Results, there are no new calculations to 
disclose.

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. 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).
    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'' practice will apply to entries 
of subject merchandise during the POR produced by NK Marine or RSA 
Marines 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.\6\
---------------------------------------------------------------------------

    \6\ 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 listed in the appendix which were not selected 
for individual examination, we will assign an assessment rate based on 
the rate calculated for NK Marine, as noted above.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of these final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for the companies listed above will be the rates 
shown above, 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.\7\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Order, 70 FR 5147.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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.

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 the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

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

1. Accelerated Freeze Drying Co.
2. ADF Foods Ltd.
3. Albys Agro Private Limited
4. Blue Park Seafoods Pvt. Ltd.
5. C.P. Aquaculture (India) Pvt. Ltd.
6. Corlim Marine Exports Pvt. Ltd.
7. Dwaraka Sea Foods
8. Hari Marine Private Limited
9. High Care Marine Foods Exports Private Limited
10. Highland Agro
11. Hyson Exports Private Limited
12. Jude Foods India Private Limited
13. Kay Kay Exports; Kay Kay Foods
14. Mangala Sea Products
15. Megaa Moda Pvt. Ltd.
16. Milsha Agro Exports Pvt. Ltd.
17. Mindhola Foods LLP
18. MMC Exports Limited
19. Naq Foods India Private Limited
20. Orchid Marine Exports Private Limited
21. Rajyalakshmi Marine Exports
22. Sahada Exports
23. Sai Aquatechs Private Limited
24. Shimpo Exports Private Limited
25. Sigma Seafoods
26. Sonia Marine Exports Private Limited
27. Sterling Foods
28. Supran Exim Private Limited
29. Uniloids Biosciences Private Limited
30. Vinner Marine
31. West Coast Fine Foods (India) Private Limited
32. West Coast Frozen Foods Private Limited
33. Zeal Aqua Limited

[FR Doc. 2024-15180 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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