Notice2025-10634
Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
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
June 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), February 1, 2023, through January 31, 2024. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24569-24571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10634]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Preliminary Results
of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers and/or exporters subject to this review made
sales of subject merchandise at less than normal value during the
period of review (POR), February 1, 2023, through January 31, 2024.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: Aislin Salassi or Grant Fuller, 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) 482-1882 or (202) 482-6228,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2024, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on shrimp from India.\1\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On October 22, 2024, we extended the
preliminary results of this review to February 28, 2025.\3\ On December
9, 2024, Commerce tolled certain deadlines in this administrative
proceeding by an additional 90 days.\4\ On May 13, 2025, we further
extended the preliminary results of this review to June 5, 2025.\5\ For
a complete description of the events that followed the initiation of
this review, see the Preliminary Decision Memorandum.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 24780 (April 9, 2024); see also 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).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
October 22, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
May 13, 2025.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2023-2024 Administrative Review of the Antidumping
Duty Order on Certain Frozen Warmwater Shrimp from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is shrimp from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to this notice. The Preliminary 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Review-Specific Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .''
Consistent with section 735(c)(5)(A) of the Act, we preliminarily
calculated the weighted-average dumping margin for the non-selected
companies using the calculated rates of the mandatory respondents, Devi
Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods/Devi
Aquatech Private Limited (collectively, the Devi Group) and Sandhya
Aqua Exports Private Limited (Sandhya), which are not zero or de
minimis, or determined entirely on the basis of facts available.\7\
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\7\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Reviewed Companies for the Preliminary Results in the 2023-2024
Administrative Review of the Antidumping Duty Order on Frozen
Warmwater Shrimp from India,'' dated concurrently with this notice.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period February 1, 2023, through January 31, 2024:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Devi Fisheries Limited/Satya Seafoods Private 2.01
Limited/Usha Seafoods/Devi Aquatech Private Limited
Sandhya Aqua Exports Private Limited................ 5.32
Companies Not Selected for Individual Examination 3.96
\8\................................................
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Disclosure
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\8\ The exporters or producers not selected for individual
examination are listed in Appendix II.
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We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which Commerce issues its post-preliminary
analysis in this administrative review. A timeline for the submission
of case briefs and written comments will be provided to interested
parties at a later date. Rebuttal briefs, limited to issues raised in
the case briefs, may be filed not later than five days after the date
for filing case briefs.\9\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\10\ All briefs must
be filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of participants that will
attend the hearing and whether any of those individuals is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the party's case and
rebuttal briefs. An electronically filed hearing request must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice in the Federal Register. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Verification
On July 17, 2024, the American Shrimp Processors Association, a
domestic interested party, requested that Commerce conduct verification
of the Devi Group's responses. Accordingly, in March 2025, as provided
in section 782(i)(3) of the Act, we verified the Devi Group's
information relied upon for the preliminary results of this review.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because both
the Devi Group and Sandhya 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 dumping calculated for
each importer's examined sales to the total entered value of these
sales. 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'' practice will apply to entries
of subject merchandise during the POR produced by the Devi Group or
Sandhya for which the reviewed 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.\14\
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\14\ 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 which were not selected for individual review, we
will instruct CBP to assess antidumping duties on all appropriate
entries at the review-specific average rate, calculated as noted in the
``Review-Specific Rate for Non-Examined Companies'' section, above. 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.\15\
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\15\ See section 751(a)(2)(C) of the Act.
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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 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 companies
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 investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit 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 LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the
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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.\16\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise extended.
Notification to Importers
This notice serves as a preliminary 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: June 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. Abad Overseas Private Limited.
2. Accelerated Freeze Drying Co., Ltd.
3. Akshay Food Impex Private Limited
4. Alashore Marine Exports (P) Ltd.
5. Albys Agro Private Limited
6. Alpha Marine
7. Amaravathi Aqua Exports Private Ltd.
8. Ananda Aqua Applications; Ananda Aqua Exports (P) Limited; Ananda
Foods
9. Ananda Enterprises (India) Private Limited
10. Aparna Marine Exports
11. Apex Frozen Foods Limited
12. Aquatica Frozen Foods Global Pvt. Ltd.
13. Arya Sea Foods Private Limited
14. Asvini Fisheries Ltd.; Asvini Fisheries Private Ltd.
15. Avanti Frozen Foods Private Limited
16. Blue-Fin Frozen Foods Pvt Ltd.
17. BMR Exports; BMR Exports Private Limited
18. BMR Industries Private Limited
19. B-One Business House Pvt. Ltd.
20. Calcutta Seafoods Pvt. Ltd.; Bay Seafood Pvt. Ltd.; Elque
Ventures Private Limited
21. Castlerock Fisheries Ltd.
22. Choice Trading Corporation Pvt. Ltd.
23. Coastal Aqua Private Limited
24. Coastal Corporation Ltd.
25. Corlim Marine Exports Private Limited
26. Crystalnova Foods Pvt., Ltd.
27. Diamond Seafoods Exports; Edhayam Frozen Foods Pvt. Ltd.;
Kadalkanny Frozen Foods; Theva & Company
28. DN Sea Shells Private Limited
29. Dwaraka Sea Foods
30. Falcon Marine Exports Limited; KR Enterprises
31. Food Products Pvt., Ltd.; Parayil Food Products Pvt., Ltd.
32. Forstar Frozen Foods Private Limited
33. Geo Seafoods
34. Godavari Mega Aqua Food Park Private Limited
35. Green Asia Impex Private Limited
36. Growel Processors Private Limited
37. Highland Agro Food Private Limited
38. Hyson Exports Private Limited
39. IFB Agro Industries Ltd.
40. ITC Ltd.
41. Jagadeesh Marine Exports
42. Jaya Lakshmi Sea Foods Pvt. Ltd.
43. Kader Exports Private Limited
44. Kalyan Aqua & Marine Exp. India Pvt. Ltd.
45. Kay Kay Exports; Kay Kay Foods
46. KNC Agro Limited; KNC AGRO PVT. LTD.
47. LNSK Greenhouse Agro Products LLP
48. Magnum Export; Magnum Exports Pvt. Ltd.
49. Magnum Sea Foods Limited; Magnum Estates Limited; Magnum Estates
Private; Magnum Estates Private Limited
50. Mangala Marine Exim India Pvt. Ltd.
51. Mangala Seafoods; Mangala Sea Foods
52. Megaa Moda Pvt. Ltd.
53. Milesh Marine Exports Private Limited
54. Milsha Agro Exports Pvt. Ltd.
55. Mindhola Foods LLP
56. MMC Exports Limited
57. Monsun Foods Pvt. Ltd.
58. Mourya Aquex Pvt. Ltd.
59. Munnangi Seafoods (Pvt) Ltd.
60. Naga Hanuman Fish Packers
61. Nanak Nutritions Food (Taloja) Pvt., Ltd.
62. Neeli Aqua Private Limited
63. Nekkanti Sea Foods Limited
64. Nezami Rekha Sea Foods Private Limited; Nezami Rekha Sea Food
Private Limited
65. Nila Sea Foods Exports; Nila Sea Foods Pvt. Ltd.
66. N.K. Marine Exports LLP
67. Pasupati Aquatics Private Limited
68. Penver Products (P) Ltd.
69. Rajyalakshmi Marine Exports
70. Razban Seafoods Ltd.
71. Royal Imports and Exports
72. Royale Marine Impex Pvt. Ltd.
73. RSA Marines; Royal Oceans
74. S.A. Exports
75. Sagar Grandhi Exports Pvt. Ltd.
76. Sai Marine Exports Pvt. Ltd.
77. Sam Aqua Exports LLP
78. Sandhya Marines Limited
79. Satish Marine Exim Private Limited
80. Sea Foods Private Limited
81. Sharat Industries Ltd.
82. Shimpo Exports Private Limited
83. Shree Datt Aquaculture Farms Pvt. Ltd.
84. Sigma Seafoods
85. Southern Tropical Foods Pvt. Ltd.
86. Sprint Exports Pvt. Ltd.
87. Sreeragam Export Private Limited
88. Summit Marine Exports Private Limited
89. Sunrise Seafoods India Private Limited
90. Suryamitra Exim Pvt. Ltd.
91. The Waterbase Ltd.
92. V.V. Marine Products
93. Vaisakhi Bio-Marine Private Limited
94. Varma Marine Private Limited
95. Vasista Marine
96. Veerabhadra Exports Private Limited
97. Wellcome Fisheries Limited
98. Z.A. Sea Foods Pvt. Ltd.
99. Zeal Aqua Limited
[FR Doc. 2025-10634 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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