Notice2022-27004
Certain Frozen Warmwater Shrimp From India: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results
Primary source
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Published
December 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 6, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Z.A. Sea Foods Private Limited v. United States, Consol. Court No. 21-00031, sustaining the Department of Commerce's (Commerce's) first 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, 2018, through January 31, 2019. Commerce is notifying the public that the CIT's final judgment in this case is not in harmony with Commerce's final results in the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Z A Sea Foods Pvt. Ltd. (ZA Sea Foods), B-One Business House Pvt. Ltd., Hari Marine Private Limited, Magnum Export, Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods Private Limited, Shimpo Exports Private Limited, Five Star Marine Exports Private Limited, HN Indigos Private Limited, RSA Marines, and Zeal Aqua Limited.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76181-76182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27004]
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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 Final Results in the Antidumping Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 6, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in Z.A. Sea Foods Private Limited v.
United States, Consol. Court No. 21-00031, sustaining the Department of
Commerce's (Commerce's) first 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, 2018, through January 31, 2019. Commerce is notifying the
public that the CIT's final judgment in this case is not in harmony
with Commerce's final results in the administrative review and that
Commerce is amending the final results with respect to the dumping
margin assigned to Z A Sea Foods Pvt. Ltd. (ZA Sea Foods), B-One
Business House Pvt. Ltd., Hari Marine Private Limited, Magnum Export,
Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods
Private Limited, Shimpo Exports Private Limited, Five Star Marine
Exports Private Limited, HN Indigos Private Limited, RSA Marines, and
Zeal Aqua Limited.
DATES: Applicable December 16, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2020, Commerce published its final results in the
2018-2019 AD administrative review of shrimp from India.\1\ Commerce
calculated a weighted-average dumping margin of 3.06 percent for ZA Sea
Foods and assigned a dumping margin of 3.06 percent to B-One Business
House Pvt. Ltd., Hari Marine Private Limited, Magnum Export, Megaa Moda
Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods Private
Limited, Shimpo Exports Private Limited, Five Star Marine Exports
Private Limited, HN Indigos Private Limited, RSA Marines, and Zeal Aqua
Limited (the other Indian shrimp respondents).\2\
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\1\ See Certain Frozen Warmwater Shrimp from India: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2018-2019, 85 FR 85580 (December 29,
2020) (Final Results).
\2\ Id. at 85581.
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ZA Sea Foods and the other Indian shrimp respondents appealed
Commerce's Final Results. On April 19, 2022, the CIT remanded the Final
Results, finding that Commerce's decision to reject ZA Sea Foods' third
country sales and rely on constructed value (CV) for the calculation of
normal value (NV) was not supported by substantial evidence.\3\
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\3\ See Z.A. Sea Foods Private Ltd. v. United States, Slip Op.
22-36, Consol. Court No. 21-00031 (CIT 2022).
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In its final remand redetermination, issued in July 2022, Commerce
determined that there was insufficient record evidence to find that ZA
Sea Foods' third country Vietnamese sales were unrepresentative and
unsuitable for use in the calculation of NV and recalculated the
weighted-average dumping margin for ZA Sea Foods by relying on ZA Sea
Foods' third country Vietnamese sales during the period of review.\4\
As a result, Commerce calculated a revised weighted-average dumping
margin for ZA Sea Foods of 1.73 percent. Moreover, as a result of
Commerce's recalculation of the weighted-average dumping margin for ZA
Sea Foods, Commerce revised the review-specific average rate assigned
to the other Indian shrimp respondents to 1.73 percent. The CIT
sustained Commerce's Final Remand Results.\5\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Consol. Court No. No. 21-00031, dated July 18, 2022 (Final
Remand Results) at 1.
\5\ See Z.A. Sea Foods Private Limited et al v. United States,
Slip Op. 22-136, Consol. Court No. 21-00031 (CIT 2022).
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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 Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of a court decision that is not
``in harmony'' with a Commerce determination and must suspend
liquidation of entries pending a ``conclusive'' court decision.\8\ The
CIT's December 6, 2022, judgment in this case constitutes a final
decision of that court that is not in harmony with Commerce's Final
Results. 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, 341 (Fed.
Cir. 1990) (Timken).
\7\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
\8\ See sections 516A(c) and (e) of the Act.
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to ZA Sea Foods and the other Indian
shrimp respondents as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Z.A. Sea Foods Pvt. Ltd..................................... 1.73
B-One Business House Pvt. Ltd............................... 1.73
Hari Marine Private Limited................................. 1.73
Magnum Export............................................... 1.73
Megaa Moda Pvt. Ltd......................................... 1.73
Milsha Agro Exports Private Limited......................... 1.73
Sea Foods Private Limited................................... 1.73
Shimpo Exports Private Limited.............................. 1.73
Five Star Marine Exports Private Limited.................... 1.73
HN Indigos Private Limited.................................. 1.73
RSA Marines................................................. 1.73
Zeal Aqua Limited........................................... 1.73
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Cash Deposit Requirements
Commerce will issue revised cash deposit instruction to U.S.
Customs and Border Protection (CBP).
Because Hari Marine Private Limited, HN Indigos Private Limited,
Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, RSA Marines,
Shimpo Exports Private Limited, and Zeal Aqua Limited 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 CBP for these those producers/
exporters. This notice will not affect the current cash deposit rate
for them. For all exporters/producers that do not have a superseding
cash deposit rate, 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 exported
[[Page 76182]]
by Z.A. Sea Foods, B-One Business House Pvt. Ltd., Hari Marine Private
Limited, Magnum Export, Megaa Moda Pvt. Ltd., Milsha Agro Exports
Private Limited, Sea Foods Private Limited, Shimpo Exports Private
Limited, Five Star Marine Exports Private Limited, HN Indigos Private
Limited, RSA Marines, and Zeal Aqua Limited, and were entered, or
withdrawn from warehouse, for consumption on or after February 1, 2018,
up to and including January 31, 2019. 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 final judgment is not appealed or, if
appealed, is upheld by a final and conclusive court decision, Commerce
will instruct CBP to assess antidumping duties on unliquidated entries
of subject merchandise produced and exported by Z.A. Sea Foods, B-One
Business House Pvt. Ltd., Hari Marine Private Limited, Magnum Export,
Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods
Private Limited, Shimpo Exports Private Limited, Five Star Marine
Exports Private Limited, HN Indigos Private Limited, RSA Marines, and
Zeal Aqua Limited, 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: December 8, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27004 Filed 12-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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