[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56209-56211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22226]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Final Results of Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2013, the Department of Commerce (``Department'')
published the Preliminary Results of the administrative review of the
antidumping duty order on certain frozen warmwater shrimp (``shrimp'')
from the People's Republic of China (``PRC''), covering the period of
review (``POR'') from February 1, 2011, through January 31, 2012.\1\ On
May 20, 2013, the Department issued a post-preliminary analysis of
Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'') and
preliminarily determined that Regal is eligible for a company-specific
revocation.\2\
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\1\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Preliminary Results of Administrative Review;
2011-2012, 78 FR 15696 (March 12, 2013) (``Preliminary Results'').
\2\ See Memorandum To: Paul Piquado, Assistant Secretary, Import
Administration, From: Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, Subject: 11/12
Antidumping Duty Administrative Review on Certain Frozen Warm water
Shrimp from the People's Republic of China: Post-Preliminary
Analysis for Zhanjiang Regal Integrated Marine Resources Co., Ltd.,
and Zhanjiang Newpro Foods Co., Ltd., dated May 20, 2013 (``Post-
Prelim Analysis Memo'').
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[[Page 56210]]
The Department has determined to revoke the order with respect to
Regal. Additionally, the Department continues to find that Hilltop
International \3\ and that Zhanjiang Newpro Foods Co., Ltd.
(``Newpro'') are part of the PRC-wide entity. The final dumping margins
are listed below in the ``Final Results of the Administrative Review''
section of this notice.
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\3\ As in past reviews, Hilltop reported in its Section A
response that it is part of an affiliated group of companies that
includes Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd.,
Fuqing Yihua Aquatic Food Co., Ltd., Ocean Duke Corporation and
Kingston Foods Corporation (collectively, ``Hilltop'').
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DATES: Effective Date: September 12, 2013.
FOR FURTHER INFORMATION CONTACT: Josh Startup, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-5260.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item 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, 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. The
written description of the scope of the order is dispositive. A full
description of the scope of the order is available in the accompanying
Issues and Decision Memorandum.\4\
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\4\ See Memorandum to paul Piquado, Assistant Secretary for
Import Administration, From Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operation, Certain
Frozen Warmwater Shrimp from the People's Republic of China: Issues
and Decision Memorandum for the Final Results, (``Issues and
Decision Memorandum'') dated concurrently with this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum. A list
of the issues which parties raised, and to which we respond in the
Issues and Decision Memorandum is attached to this notice as an
Appendix. The Issues and Decision Memorandum is a public document and
is on file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
internet at http://www.trade.gov/ia/. The signed Issues and Decision
Memorandum and the electronic versions of the Decision Memorandum are
identical in content.
Final Determination of No Shipments
In the Preliminary Results the Department found the following
companies did not have any reviewable transactions during the POR:
Allied Pacific Food (Dalian) Co., Ltd. and Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd. (collectively ``Allied Pacific Group'');
Shantou Yuexing Enterprise Company; and, Rizhao Smart Foods Co.,
Ltd.\5\ We have not received any information to contradict this
determination. Therefore, the Department is making the final
determination that the above-named companies did not have any
reviewable entries of subject merchandise during the POR, and will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.
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\5\ See Preliminary Results, 78 FR 15697.
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Verification
Pursuant to 19 CFR 351.307(b)(iii) and 19 CFR 351.222(f)(2)(ii),
between June 3, 2013 and June 7, 2013, the Department conducted a
verification of Regal's sales and factors of production, as well as
information relevant to company-specific revocation.\6\
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\6\ See Regal Verification Report.
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Changes Since the Preliminary Results
The Department has not made any changes to the margin calculations
since the Preliminary Results.
Revocation In Part
In the Post-Prelim Analysis Memo, we determined that Regal met the
regulatory criteria for revocation set forth in 19 CFR 351.222(b)
(2011).\7\ Following the verification of Regal, the Department
continues to find that Regal has met all the criteria for revocation
and, therefore, we will revoke the order with respect to Regal.
Pursuant to 19 CFR 351.222(f)(3), this revocation applies to all
entries of subject merchandise that are produced and exported by Regal,
and are entered, or withdrawn from warehouse, for consumption on or
after February 1, 2012 (i.e., the first day after the period under
review). The Department will order the suspension of liquidation lifted
for all such entries and will instruct CBP to release any cash deposits
or bonds. The Department will further instruct CBP to refund with
interest any cash deposits on entries made on or after February 1,
2012.
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\7\ The Department recently modified the regulations concerning
the revocation of antidumping and countervailing duty orders on a
company specific basis, but that modification went into effect after
the initiation of this administrative review. See Modification to
Regulation Concerning the Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 29875 (May 21, 2012).
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Newpro's Separate Rate
In the Post-Prelim Analysis Memo, we preliminarily determined that
Newpro had not met the necessary criteria to receive a separate
rate.\8\ We have not received any information since the issuance of the
Post-Preliminary Analysis Memo that provides a basis for reconsidering
this determination. Therefore, the Department continues to find that
Newpro does not meet the criteria for a separate rate for the final
results and Newpro will remain part of the PRC-wide entity.
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\8\ See Post-Preliminary Analysis Memo at 7.
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Final Results of Review
The Department determines that the following weighted-average
dumping margins exist.
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Weighted
average
Exporter dumping margin
(in percent)
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Zhanjiang Regal Integrated Marine Resources Co., Ltd.... 0.00
PRC-Wide Entity \9\..................................... 112.81
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Disclosure and Public Comment
We will disclose the calculations performed within five days of the
date
[[Page 56211]]
of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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\9\ Aqua Foods (Qingdao) Co., Ltd., Asian Seafoods (Zhanjiang)
Co., Ltd., Beihai Evergreen Aquatic Product Science And Technology
Co Ltd, Dalian Hualian Foods Co., Ltd., Dalian Shanhai Seafood Co.,
Ltd., Dalian Taiyang Aquatic Products Co., Ltd. Dalian Z&H Seafood
Co., Ltd., Fujian Chaohui International Trading, Fujian Dongshan
County Shunfa Aquatic Product Co., Ltd., Fujian Rongjiang Import and
Export Corp., Fuqing Minhua Trade Co., Ltd, Fuqing Yihua Aquatic
Food Co., Ltd., Fuqing Yiyuan Trading Co., Ltd., Guangdong Jiahuang
Foods Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong
Shunxin Sea Fishery Co. Ltd., Guangdong Wanya Foods Fty. Co., Ltd.,
Hai Li Aquatic Co., Ltd., Hainan Brich Aquatic Products Co., Ltd.,
Hainan Hailisheng Food Co., Ltd., Hainan Xiangtai Fishery Co., Ltd.,
Haizhou Aquatic Products Co., Ltd., Hilltop International, Hua Yang
(Dalian) International Transportation Service Co., Kingston Foods
Corporation, Maoming Xinzhou Seafood Co., Ltd., Ocean Duke
Corporation, Olanya (Germany) Ltd., Qingdao Yuanqiang Foods Co.,
Ltd., Rizhao Xinghe Foodstuff Co., Ltd., Rui'an Huasheng Aquatic
Products Processing Factory, Savvy Seafood Inc., Sea Trade
International Inc., Shandong Meijia Group Co., Ltd., Shanghai
Linghai Fisheries Trading Co. Ltd., Shanghai Lingpu Aquatic Products
Co., Shanghai Smiling Food Co., Ltd., Shanghai Zhoulian Foods Co.,
Ltd., Shantou Jiazhou Foods Industry, Shantou Jin Cheng Food Co.,
Ltd., Shantou Longsheng Aquatic Product Foodstuff Co., Ltd., Shantou
Ruiyuan Industry Company Ltd., Shantou Wanya Foods Fty. Co., Ltd.,
Shenzen Allied Aquatic Produce Development Ltd., Shenzhen Yudayuan
Trade Ltd., Thai Royal Frozen Food Zhanjiang Co., Ltd., Xiamen
Granda Import & Export Co., Ltd., Yancheng Hi-king Agriculture
Developing Co., Ltd., Yanfeng Aquatic Product Foodstuff, Yangjiang
Anyang Food Co., Ltd., Yangjiang City Yelin Hoi Tat Quick Frozen
Seafood Co., Ltd., Yangjiang Wanshida Seafood Co., Ltd., Yelin
Enterprise Co., Ltd., Zhangzhou Xinwanya Aquatic Product, Zhangzhou
Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science
and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co.,
Ltd., Zhanjiang Go Harvest Aquatic Products Co., Ltd., Zhanjiang
Haizhou Aquatic Product Co. Ltd., Zhanjiang Hengrun Aquatic Co,
Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Join Wealth
Aquatic Products Co., Ltd., Zhanjiang Longwei Aquatic Products
Industry Co., Ltd., Zhanjiang Newpro Foods Co., Ltd., Zhanjiang
Rainbow Aquatic Development, Zhanjiang Universal Seafood Corp.,
Zhejiang Daishan Baofa Aquatic Products Co., Ltd., Zhejiang Xinwang
Foodstuffs Ltd., Zhejiang Zhoufu Food Co., Ltd., Zhoushan
Corporation, and Zhoushan Haiwang Seafood Co., Ltd.
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Assessment Rates
Upon issuance of these final results, the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review.\10\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review.
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\10\ See 19 CFR 351.212(b).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\11\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification for Reviews, 77 FR 8101
(February 14, 2012).
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The Department announced a refinement to its assessment practice in
non-market economy cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\12\
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``Act''): (1) Because we have revoked the order with respect to
subject merchandise produced and exported by Regal, we will instruct
CBP to terminate the suspension of liquidation for imports of such
merchandise entered, or withdrawn from warehouse, for consumption on or
after February 1, 2012, and to refund all cash deposits collected; (2)
for previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Final Decision Memorandum
1. Respondent Selection
2. India as the Surrogate Country for Regal's AR5 Analysis
3. Market Economy Purchases
4. Surrogate Value for Scrap
5. Regal's Reported Scrap Data
6. Revocation of Regal
7. Hilltop as Part of PRC-Wide Entity
8. Assignment of AFA to the PRC-Wide Entity
[FR Doc. 2013-22226 Filed 9-11-13; 8:45 a.m.]
BILLING CODE 3510-DS-P