[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76106-76107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29838]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Notice of Final Reconsideration of Changed Circumstances Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received
information sufficient to warrant reconsideration of a completed
changed circumstances review (``CCR'') of the antidumping duty order on
certain frozen warmwater shrimp from the People's Republic of China
(``PRC'') originally conducted in 2007.\1\ Based on evidence uncovered
in the sixth administrative review (``AR6'') of this proceeding,\2\ we
find the information submitted by Hilltop International (``Hilltop'')
\3\ in this CCR contains material misrepresentations and, consequently,
is unusable for any purposes. Accordingly, our original determination
that Hilltop is the successor-in-interest to Yelin Enterprise Co. Hong
Kong (``Yelin'') is reversed such that Hilltop should properly be
considered part of the PRC-wide entity, absent a determination of its
own rate separate from the PRC-wide entity.\4\
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\1\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Notice of Final Results of Changed Circumstances
Review, 72 FR 33447 (June 18, 2007).
\2\ See Administrative Review of Certain Frozen Warmwater Shrimp
From the People's Republic of China: Final Results, Partial
Rescission of Sixth Antidumping Duty Administrative Review and
Determination Not To Revoke in Part, 77 FR 53856 (``PRC Shrimp AR6
Final'').
\3\ In the final results of the recently completed seventh
administrative review, the Department noted that Hilltop, as in
prior reviews, has reported that it is affiliated with Yangjiang
City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua
Aquatic Food Co., Ltd., Yelin Enterprise Co., Ltd., Ocean Beauty
Corporation, Ever Hope International Co., Ltd., Ocean Duke
Corporation and Kingston Foods Corporation. See Certain Frozen
Warmwater Shrimp From the People's Republic of China: Final Results
of Administrative Review; 2011-2012, 78 FR 56209, 56210 (September
12, 2013) (``PRC Shrimp AR7 Final'').
\4\ See, e.g., Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Changed Circumstances
Review, 75 FR 46914, 46916 (August 4, 2010); Frozen Warmwater Shrimp
from Vietnam: Notice of Final Results of Antidumping Duty Changed
Circumstances Reviews, 74 FR 42050, 42051 (August 20, 2009).
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DATES: Effective Date: December 16, 2013.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
Yelin was formally dissolved on December 12, 2006.\5\ On March 16,
2007, Hilltop filed a submission requesting that the Department conduct
a CCR of the antidumping duty order on certain frozen warmwater shrimp
from the PRC to confirm that Hilltop is the successor-in-interest to
Yelin.\6\ On May 2, 2007, the Department published a combined
initiation and preliminary results finding that Hilltop was the
successor-in-interest to Yelin.\7\ On June 18, 2007, this finding was
confirmed in the final results of this CCR.\8\
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\5\ See Letter from Hilltop to the Secretary of Commerce
``Request for Expedited Changed Circumstances Determination'' (March
16, 2007).
\6\ See id.
\7\ Certain Frozen Warmwater Shrimp from the People's Republic
of China: Notice of Initiation and Preliminary Results of Changed
Circumstances Review, 72 FR 24273 (May 2, 2007).
\8\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Notice of Final Results of Changed Circumstances
Review, 72 FR 33447 (June 18, 2007).
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On December 5, 2012, the Department reopened the record of this CCR
to reconsider our determination in light of the evidence discovered in
AR6 regarding Hilltop's affiliation with Ocean King (Cambodia) Co.
Ltd.\9\ On February 27, 2013, the Department published in the Federal
Register its Preliminary Reconsideration of this CCR, wherein the
original finding that Hilltop was the successor-in-interest to Yelin
was preliminarily reversed and Hilltop was preliminarily found to be
part of the PRC-wide entity.\10\ Hilltop and Petitioner \11\ submitted
comments on the Preliminary Reconsideration on
[[Page 76107]]
March 27, 2013,\12\ and rebuttal comments on April 1, 2013.\13\
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\9\ See Letter to All Interested Parties from Catherine
Bertrand, Program Manager, Office 9, ``Certain Frozen Warmwater
Shrimp from the People's Republic of China: Reopening the Record of
Changed Circumstances Review'' (December 5, 2012).
\10\ See Certain Frozen Warmwater Shrimp From the People's
Republic of China: Notice of Preliminary Reconsideration of Changed
Circumstances Review, 78 FR 13324 (February 27, 2013) (``Preliminary
Reconsideration'').
\11\ Petitioner is the Ad Hoc Shrimp Trade Action Committee and
its members.
\12\ See Letter to the Secretary of Commerce from Petitioner
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp
from the People's Republic of China: Case Brief'' (March 27, 2013);
Letter to the Secretary of Commerce from Hilltop ``Administrative
Case Brief for Hilltop International in the Reconsideration of
Changed Circumstances Review: Certain Frozen Warmwater Shrimp from
the People's Republic of China'' (March 27, 2013).
\13\ See Letter to the Secretary of Commerce from Petitioner
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp
from the People's Republic of China: Rebuttal Brief'' (April 1,
2013); Letter to the Secretary of Commerce from Hilltop ``Reply
Brief for Hilltop International in the Reconsideration of Changed
Circumstances Review: Certain Frozen Warmwater Shrimp from the
People's Republic of China'' (April 1, 2013).
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\14\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the final reconsideration of this CCR is
now December 11, 2013.\15\
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\14\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\15\ We note that the original deadline for this final
reconsideration was November 24, 2013, which was a Sunday.
Accordingly, this final reconsideration has been extended 16 days
from the following business day, November 25, 2013.
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Scope of Order
The merchandise that is subject to the order is certain frozen
warmwater shrimp from the PRC. The products subject to the order at the
time of this CCR was originally conducted \16\ were classified under
U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings 0306.13.00.03,
0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15,
0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27,
0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise remains dispositive.\17\
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\16\ We note that on April 26, 2011, the Department amended the
antidumping duty order to include dusted shrimp, pursuant to the
U.S. Court of International Trade (``CIT'') decision in Ad Hoc
Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330
(CIT 2010) and the U.S. International Trade Commission
determination, which found the domestic like product to include
dusted shrimp. See Certain Frozen Warmwater Shrimp From Brazil,
India, the People's Republic of China, Thailand, and the Socialist
Republic of Vietnam: Amended Antidumping Duty Orders in Accordance
with Final Court Decision, 76 FR 23277 (April 26, 2011). The scope
referenced here is the scope that was in effect when the Department
conducted this original CCR proceeding.
\17\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp From the People's Republic of China, 70 FR 5149 (February 1,
2005).
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Analysis of Comments Received
All issues raised in case and rebuttal briefs are addressed in the
Final Reconsideration Memorandum.\18\ A list of the issues which
parties have raised, and to which we have responded in the Final
Reconsideration Memorandum, is attached to this notice as an Appendix.
The Final Reconsideration Memorandum is a public document on file
electronically via the Department'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 Final Reconsideration
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Final Reconsideration Memorandum
and the electronic versions of the Final Reconsideration Memorandum are
identical in content.
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\18\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Final Reconsideration of Changed
Circumstances Review: Certain Frozen Warmwater Shrimp from the
People's Republic of China,'' (``Final Reconsideration Memorandum'')
dated concurrently with these results and hereby adopted by this
notice.
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Final Reconsideration
For the reasons detailed in the Final Reconsideration Memorandum,
we continue to find that Hilltop is not the successor-in-interest to
Yelin and is considered part of the PRC-wide entity. In making this
determination we have relied on adverse facts available, in accordance
with section 776(a) and (b) of the Tariff Act of 1930, as amended
(``the Act'').
Instructions to U.S. Customs and Border Protection
As a result of this determination, we reverse our previous
successor-in-interest determination and find that Hilltop is not the
successor-in-interest to Yelin. Although the reconsidered CCR precedes
several administrative reviews in which Hilltop was involved, we note
that this finding is consistent with the most recently completed
seventh administrative review, in which Hilltop was determined to be
part of the PRC-wide entity.\19\ Hilltop is currently subject to the
cash deposit requirements applicable to the PRC-wide entity, which is
112.81 percent. We also note that this finding is consistent with the
Department's most recent findings in the fourth, fifth, and six
administrative reviews, in which Hilltop was found to be part of the
PRC-wide entity.\20\ Thus, Hilltop's current cash deposit requirement
shall remain in effect until further notice.
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\19\ See, e.g., PRC Shrimp AR7 Final, 78 FR at 56210.
\20\ See Final Results Of Redetermination Pursuant To Court
Remand (November 4, 2013), available at http://enforcement.trade.gov/remands/; Final Results Of Redetermination
Pursuant To Court Remand (November 7, 2013), available at http://enforcement.trade.gov/remands/; PRC Shrimp AR6 Final.
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Notification
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the 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.
We are issuing and publishing this notice in accordance with
sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.216 and 351.221(c)(3).
Dated: December 6, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29838 Filed 12-13-13; 8:45 am]
BILLING CODE 3510-DS-P