Notice2021-21256
Certain Frozen Warmwater Shrimp From India: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
Primary source
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Published
September 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 20, 2021, the U.S. Court of International Trade (CIT or the Court) issued its final judgment in Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, Court No. 19-00201, sustaining the Department of Commerce (Commerce)'s remand results pertaining to the administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India covering the period February 1, 2017, through January 31, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. (collectively, the Elque Group).
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54156-54157]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21256]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Notice of Court
Decision Not in Harmony With the Results of Antidumping Administrative
Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 20, 2021, the U.S. Court of International Trade
(CIT or the Court) issued its final judgment in Calcutta Seafoods Pvt.
Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, Court
No. 19-00201, sustaining the Department of Commerce (Commerce)'s remand
results pertaining to the administrative review of the antidumping duty
(AD) order on certain frozen warmwater shrimp (shrimp) from India
covering the period February 1, 2017, through January 31, 2018.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results of the administrative review
and that Commerce is amending the final results with respect to the
dumping margin assigned to Calcutta Seafoods Pvt. Ltd., Bay Seafood
Pvt. Ltd., and Elque & Co. (collectively, the Elque Group).
DATES: Applicable September 30, 2021.
FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2019, Commerce published its Final Results.\1\
During the course of the administrative review, Commerce found that the
Elque Group reported unclear and inconsistent product specification
data and failed to respond adequately to certain questions contained in
the original and supplemental questionnaires issued by Commerce. As a
result, Commerce was not able to rely on the Elque Group's data as
reported in order to calculate a
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dumping margin for the Elque Group. Commerce determined that the Elque
Group: (1) Withheld requested information; (2) failed to provide
information in the form or manner requested by Commerce; and (3)
significantly impeded the proceeding.\2\ For these reasons, in
determining the Elque Group's dumping margin, Commerce applied adverse
facts available (AFA), pursuant to section 776(b) of the Tariff Act of
1930, as amended (the Act).\3\
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\1\ See Certain Frozen Warmwater Shrimp from India: Final
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
57847 (October 29, 2019) (Final Results).
\2\ See Certain Frozen Warmwater Shrimp from India: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
16843 (April 23, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM) at 11, unchanged in the Final
Results.
\3\ See Preliminary Results PDM at 13, unchanged in the Final
Results.
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On February 3, 2021, the Court remanded aspects of the Final
Results to Commerce for further consideration. Specifically, the Court
held that Commerce's application of AFA to the Elque Group was unlawful
because Commerce did not provide the Elque Group adequate assistance or
consider its difficulties as a small company, as required by section
782(c) of the Act. In its decision, the Court remanded the Final
Results to Commerce to recalculate the Elque Group's dumping margin, by
either: (1) Reopening the record and procuring additional information;
or (2) applying neutral facts available. In the Remand Redetermination,
Commerce applied neutral facts available to the Elque Group's reported
data to calculate a dumping margin.\4\ On September 20, 2021, the CIT
sustained Commerce's Remand Redetermination.\5\
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\4\ See Final Results of Redetermination on Remand Pursuant to
Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co.
v. United States, Court No. 19-00201, Slip. Op. 21-11 (CIT February
3, 2021), dated May 4, 2021 (Remand Redetermination).
\5\ See Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and
Elque & Co. v. United States, Court No. 19-00201, Slip Op. 21-123
(CIT September 20, 2021).
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(c) and (e) of the Act, Commerce must publish a notice of
court decision that is not ``in harmony'' with a Commerce determination
and suspend liquidation of entries pending a ``conclusive'' court
decision. The CIT's September 20, 2021 judgment constitutes a final
decision of the CIT that is not in harmony with Commerce's Final
Results. Thus, this notice is published in fulfillment of the
publication requirements of Timken.
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\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to the Elque Group and the non-examined
companies subject to the review as follows:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co 27.66
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Review-Specific Average Rate Applicable to the Following Companies \8\
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Blue-Fin Frozen Foods Pvt. Ltd.............................. 6.13
Crystal Sea Foods Private Limited........................... 6.13
Forstar Frozen Foods Pvt. Ltd............................... 6.13
Milsha Agro Exports Pvt. Ltd................................ 6.13
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Cash Deposit Requirements
Because Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque &
Co., Blue-Fin Frozen Foods Pvt. Ltd., Crystal Sea Foods Private
Limited, and Forstar Frozen Foods Pvt. Ltd. have a superseding cash
deposit rate, i.e., there have been final results published in a
subsequent administrative review, we will not issue revised cash
deposit instructions to U.S. Customs and Border Protection (CBP). This
notice will not affect the current cash deposit rate with respect to
these companies.
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\8\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act. See also Memorandum, ``Remand
Redetermination of the Antidumping Duty Administrative Review of
Certain Frozen Warmwater Shrimp from India: Calculation of the Cash
Deposit Rate for Non-Reviewed Companies,'' dated April 21, 2021; and
Final Results, 84 FR at 57847.
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With respect to Milsha Agro Exports Pvt. Ltd., Commerce will issue
revised cash deposit instructions to CBP.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and/or exported by Calcutta
Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. and were
entered, or withdrawn from warehouse, for consumption during the period
February 1, 2017, through January 31, 2018. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event that the CIT's ruling is not appealed, or, if
appealed, upheld by a final and conclusive court decision, Commerce
intends to instruct CBP to assess antidumping duties on unliquidated
entries of subject merchandise produced and/or exported by Calcutta
Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific ad valorem assessment rate is not zero or de
minimis. Where an importer-specific ad valorem assessment rate is zero
or de minimis,\9\ we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-21256 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 30, 2021.
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