Notice2023-14100
Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
July 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 127 (Wednesday, July 5, 2023)</title>
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[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42913-42914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14100]
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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; 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\
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\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.
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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 <SUP>3</SUP>
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\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).
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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\
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\4\ See Preliminary Results PDM at 4-5.
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Final Results of Review
We determine that the following weighted-average dumping margin
exists for the period February 1, 2021, through January 31, 2022:
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Weighted-
average dumping
Producer/exporter margin
(percent)
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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..............................................
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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\
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\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).
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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.
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\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).
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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.
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
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