Notice2024-15180
Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2022-2023
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 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56733-56734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15180]
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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.
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\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.
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Commerce conducted this administrative review in accordance with
section 751 of the Tarriff 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 India, 70 FR 5147 (February 1, 2005) (Order).
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The subject merchandise covered by this Order is certain frozen
warmwater shrimp.\4\
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\4\ For a complete description of the scope of the Order, see
Preliminary Results PDM at 3.
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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)
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NK Marine Exports LLP....................................... 2.49
RSA Marines; Royal Oceans................................... 0.00
Review-Specific Rate for Non-Examined Companies \5\......... 2.49
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Disclosure
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\5\ The exporters or producers not selected for individual
examination are listed in the appendix.
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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\
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\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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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.
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\7\ See Order, 70 FR 5147.
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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) 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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