Notice2021-28401
Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the producer/exporter subject to this administrative review made sales of subject merchandise at less than fair value (LTFV) during the period of review (POR), February 1, 2019, through January 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 69-71]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28401]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter subject to this administrative review made sales of
subject merchandise at less than fair value (LTFV) during the period of
review (POR), February 1, 2019, through January 31, 2020.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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.
SUPPLEMENTARY INFORMATION:
Background
This review covers a single producer/exporter of the subject
merchandise, 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 (collectively, Thai Union).\1\
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\1\ In the 2012-2013 administrative review, Commerce found that
the following companies composed a single entity: Thai Union Frozen
Products 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.; and Takzin Samut Co., Ltd. See Certain Frozen Warmwater
Shrimp from Thailand: Final Results of Antidumping Duty
Administrative Review, Final Determination of No Shipments, and
Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28,
2014). Further, on January 5, 2016, Commerce found that Thai Union
Group Public Co., Ltd. is the successor-in-interest to Thai Union
Frozen Products Public Co., Ltd. See Notice of Final Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from Thailand, 81 FR 222 (January 5, 2016).
Therefore, we are treating these companies as a single entity for
the purposes of this administrative review.
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On June 28, 2021, Commerce published the Preliminary Results.\2\ On
October 15, 2021, we postponed the final results until December 23,
2021.\3\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by interested parties for these final results, may be found in
the Issues and Decision Memorandum.\4\ The Issues and 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Certain Frozen Warmwater Shrimp from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 33984 (June 28, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\3\ See Memorandum, ``Certain Frozen Warmwater Shrimp from
Thailand: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated October 15, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from
Thailand,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order includes certain warmwater
shrimp and prawns, whether frozen, wild-caught (ocean harvested) or
farm-raised (produced by aquaculture), head-on or head-off, shell-on or
peeled, tail-on or tail-off,\5\ deveined or not deveined, cooked or
raw, or otherwise processed in frozen form. The frozen warmwater shrimp
and prawn products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(HTSUS), are products which are processed from warmwater shrimp and
prawns through freezing and which are sold in any count size. The
products subject to this order are currently classifiable in HTSUS
statistical reporting numbers 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18,
[[Page 70]]
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40,
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.\6\
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\5\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
\6\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in case and rebuttal briefs by interested parties
to this administrative review are addressed in the Issues and Decision
Memorandum. For a list of issues raised by parties, see the appendix to
this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Thai Union.\7\
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\7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
Thai Union for the period February 1, 2019, through January 31, 2020:
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Weighted-average dumping margin
Exporter/producer (percent)
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Thai Union Group Public Co., Ltd./Thai 0.57
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.
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
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 Thai Union reported the
entered value of its 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 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. 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.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Thai Union for which
Thai Union did not know that the merchandise it 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.\9\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend 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 Thai Union will
be 0.57 percent; (2) for previously reviewed or investigated companies
not participating in this review, the cash deposit rate will continue
to be the company-specific rate published for the most recently
completed segment of this proceeding in which the company was reviewed
or investigated; (3) if the exporter is not a firm covered in this
review, a previous review, or the LTFV investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 5.34 percent, the all-
others rate made effective by the Section 129 Determination.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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).
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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.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
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.
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Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 23, 2021.
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--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Whether To Use Thai Union's Reported Manufacturer
Variables
Comment 2: Whether To Grant Thai Union a Level of Trade (LOT)
Adjustment and/or Constructed Export Price (CEP) Offset
Comment 3: Whether To Use Thai Union's Most Recently Submitted
Data Sets
VI. Recommendation
[FR Doc. 2021-28401 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 3, 2022.
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