[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54678-54680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21828]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
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,
2013, through January 31, 2014. We invite interested parties to comment
on these preliminary results.
DATES: Effective Date: September 12, 2014.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp.\1\ 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.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description, available in the Preliminary
Decision Memorandum, remains dispositive.\2\
---------------------------------------------------------------------------
\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Frozen Warmwater Shrimp from the People's Republic of
China: Decision Memorandum for the Preliminary Results of the 2013-
2014 Administrative Review'' dated concurrently with these results
(``Preliminary Decision Memorandum''), for a complete description of
the Scope of the Order.
\2\ On April 26, 2011, the Department amended the antidumping
duty order to include dusted shrimp, pursuant to the 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) (``Order'');
see also Frozen Warmwater Shrimp from Brazil, China, India,
Thailand, and Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-
1068 (Review), USITC Publication 4221, March 2011.
---------------------------------------------------------------------------
[[Page 54679]]
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, which is hereby adopted by 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 (``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 Preliminary Decision Memorandum can be accessed directly on the
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Background
On April 1, 2014, the Department initiated an administrative review
of the Order on certain frozen warmwater shrimp from the PRC covering
60 companies for the POR.\3\ The Initiation Notice notifies the firms
for which a review was initiated that they ``must complete, as
appropriate, either a separate rate application or certification'' if
they want to qualify for a separate rate in this administrative
review.\4\ The Initiation Notice also states that ``{i{time} f a
producer or exporter named in this notice of initiation had no exports,
sales, or entries during the period of review . . . it must notify the
Department within 60 days of publication of this notice in the Federal
Register.'' \5\ Shantou Yuexing Enterprise Company (``SYEC''), Rizhao
Smart Foods Co., Ltd. (``Smart Foods''), and Zhanjiang Regal Integrated
Marine Resources Co., Ltd. (``Regal'') \6\ submitted ``no shipment
certifications'' to the Department.\7\ No companies under review filed
separate rate certifications or applications.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 79 FR
18262 (April 1, 2014) (``Initiation Notice'').
\4\ Id., 79 FR 18263.
\5\ Id., 79 FR 18262.
\6\ In the Initiation Notice, we stated that because the order
was revoked with respect to subject merchandise produced and
exported by Regal, this administrative review covers all subject
merchandise exported by Regal and manufactured by any company other
than Regal. See Initiation Notice 79 FR 18275 at footnote 5.
\7\ See Letter to the Secretary of Commerce from Shantou Yuexing
``Shantou Yuexing Enterprise Company's Request for rescinding an
Administrative Review'' (April 2, 2014); Letter to the Secretary of
Commerce from Rizhao Smart Foods Co., Ltd. ``Certificate of No
Sales'' (April 9, 2014); Letter to the Secretary of Commerce from
Zhanjiang Regal Integrated Marine Resources Co., Ltd. ``No Shipments
Statement of Zhanjiang Regal Integrated Marine Resources Co., Ltd.''
(June 2, 2014).
---------------------------------------------------------------------------
Preliminary Results of Review
Based upon the no shipment certifications of SYEC and Regal, and
our review of U.S. Customs and Border Protection (``CBP'') information,
we preliminarily find that SYEC and Regal had no shipments during the
POR. The Department's policy is to conduct administrative reviews only
where there exists at least one POR entry of subject merchandise,
because duties cannot be assessed where there are no suspended
entries.\8\ Because there cannot be a review where there are no
entries, companies that certify to no shipments retain their most
recently-determined separate rate, provided that no information
contrary to those claims is presented to, or obtained by, the
Department. Therefore, SYEC and Regal retain their separate rate status
from prior reviews.\9\ Because Smart Foods was previously found to be
part of the PRC-wide entity and continues to be part of the entity in
this review,\10\ we are not making a determination regarding no
shipments with respect to Smart Foods.
---------------------------------------------------------------------------
\8\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate From the
Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012) and
accompanying memorandum at Issue 2.
\9\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Final Results of Administrative Review; 2011-
2012, 78 FR 56209 (September 12, 2013); see also Administrative
Review of Certain Frozen Warmwater Shrimp from the People's Republic
of China: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 49460 (August 13, 2010).
\10\ 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 (September 4, 2012)
at Appendix II; see also Certain Frozen Warmwater Shrimp from the
People's Republic of China: Final Results of Administrative Review;
2011-2012, 78 FR 56209 (September 12, 2013).
---------------------------------------------------------------------------
We also preliminarily find that 58 companies, including Smart
Foods, should be treated as part of the PRC-wide entity. The
Department's change in policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\11\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity,
the entity is not under review and the entity's rate is not subject to
change. The Department preliminarily finds that 58 companies \12\ under
review have not established eligibility for a separate rate and, thus,
[[Page 54680]]
they should continue to be part of the PRC-wide entity.
---------------------------------------------------------------------------
\11\ Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ Those companies for which a review was requested and which
we preliminarily determine are part of the PRC-wide entity include:
Asian Seafoods (Zhanjiang) Co., Ltd., Beihai Angbang Seafood Co.,
Ltd., Beihai Boston Frozen Food Co., Ltd., Dalian Shanhai Seafood
Co., Ltd., Dalian Taiyang Aquatic Products Co., Ltd., Eimskip
Logistics (Qingdao) Co., Ltd., EZ Logistics Inc., EZ Logistics LLC
(Qingdao Branch), Fujian Chaohui International Trading, Fujian
Rongjiang Import and Export Co., Ltd., Fujian Tea Import & Export
Co., Ltd., Fujian Zhaoan Haili Aquatic Co., Ltd., Fuqing Dongwei
Aquatic Products Ind., Fuqing Minhua Trade Co., Ltd., Fuqing Yihua
Aquatic Food Co., Ltd., Guangdong Foodstuffs Import & Export (Group)
Corporation, Guangdong Gourmet Aquatic Products Co., Ltd., Guangdong
Jinhang Food Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong
Wanshida Holding Corp., Guangdong Wanya Foods Fty. Co., Ltd.,
Guangzhou Shi Runjin Trading Development Co., Ltd., Haida Seafood
Co., Ltd., HaiLi Aquatic Product Co., Ltd., Hainan Brich Aquatic
Products Co., Ltd., Hua Yang (Dalian), International Transportation
Service Co., Huazhou XinHai Aquatic Products Co. Ltd., Jiazhou Foods
Industry Co., Ltd., Longhai Gelin Foods Co., Ltd., Longhai Gelin
Seafoods Co., Ltd., Maoming Xinzhou Seafood Co., Ltd., North Seafood
Group Co., Panwin International Logistics Co., Ltd., Pingye Foreign
Transportation Corp. Ltd of Shantou, SE.Z., Rizhao Smart Foods
Company Limited, Savvy Seafood Inc., Shanghai Lingpu Aquatic
Products Co., Ltd., Shanghai Smiling Food Co., Ltd., Shantou
Freezing Aquatic Product Foodstuffs Co., Shantou Jiazhou Food
Industrial Co., Ltd., Shantou Jin Cheng Food Co., Ltd., Shantou
Jintai Aquatic Product Industrial Co., Ltd., Shantou Li An Plastic
Products Co. Ltd., Shantou Longsheng Aquatic Product Foodstuff Co.,
Ltd., Shantou Wanya Foods Fty. Co., Ltd., Thai Royal Frozen Food
Zhanjiang Co., Ltd., Yangjiang Anyang Food Co., Ltd., Yangjiang City
Haida Seafood Company Ltd., Yangjiang City Hongwai Seafood Company,
Ltd., Zhangzhou Xinwanya Aquatic Product Co., Ltd., Zhangzhou
Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science
and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co.,
Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Longwei
Aquatic Products Industry Co., Ltd., Zhanjiang Universal Seafood
Corp., Zhanjiang Newpro Foods Co., Ltd., Zhaoan Yangli Aquatic Co.,
Ltd.
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs or other written comments
to the Assistant Secretary for Enforcement and Compliance no later than
30 days after the date of publication of this notice \13\ and may
submit rebuttal briefs no later than five days after the written
comments are filed.\14\ Rebuttal briefs may respond only to arguments
raised in case briefs and should identify the argument to which it is
responding.\15\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any brief submitted to the
Department. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date
of publication of this notice.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\16\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues
you intend to present at the hearing. Oral presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.\17\ The Department
intends to issue the final results of this administrative review,
including the results of our analysis of issues raised in the written
comments, within 120 days of publication of these preliminary results
in the Federal Register, unless that time period is extended pursuant
to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department announced a refinement to its assessment practice in non-
market economy (``NME'') cases.\18\ Pursuant to this refinement in
practice, for entries that were not reported by companies examined
during this review, the Department will instruct CBP to liquidate such
entries at the NME-wide rate. In addition, if the Department determines
that an exporter under review 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
NME-wide rate.\19\
---------------------------------------------------------------------------
\18\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\19\ Id., 76 FR 65694.
---------------------------------------------------------------------------
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 Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters that received a
separate rate in a prior segment of this proceeding that are not listed
in footnote 12, the cash deposit rate will continue to be the existing
exporter-specific rate; (2) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate
(including the firms listed in footnote 12), the cash deposit rate will
be the existing rate for the PRC-wide entity; and (3) 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.
Notification to Importers
This notice serves as a preliminary reminder to the 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR 351.221(b)(4).
Dated: September 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21828 Filed 9-11-14; 8:45 am]
BILLING CODE 3510-DS-P