[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75533-75535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29673]
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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 Antidumping Duty Administrative Review; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 12, 2014, the Department of Commerce (the
``Department'') published the Preliminary Results of the 2013-2014
administrative review 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.\1\ We
gave interested parties an opportunity to submit comments on the
Preliminary Results, but none were received. Therefore, these final
results are unchanged from the Preliminary Results, and we continue to
find that Shantou Yuexing Enterprise Company (``SYEC''), and Zhanjiang
Regal Integrated Marine Resources Co., Ltd. (``Regal'') did not have
reviewable entries during this POR. Additionally, we continue to find
that Rizhao Smart Foods Co., Ltd. (``Smart Foods'') is not eligible for
a separate rate, and we will continue to treat it as part of the PRC-
wide entity.
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\1\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 79 FR 54678 (September 12, 2014)
(``Preliminary Results'').
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DATES: Effective Date: December 18, 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:
Background
On September 14, 2014, the Department published the Preliminary
Results of this administrative review. SYEC, Smart Foods, and Regal \2\
submitted ``no shipment certifications'' to the Department.\3\ In
response to the Department's query, U.S. Customs and Border Protection
(``CBP'') did not provide any evidence that contradicted SYEC or
Regal's claims of no shipments. The Department received no comments
from interested parties concerning the results of the CBP queries.
Therefore, based on SYEC and Regal's certifications and our analysis of
CBP information, we preliminarily determined that SYEC and Regal did
not have any reviewable entries during the POR.\4\ With regard to Smart
Foods, we noted that because it was previously found to be part of the
PRC-wide entity, and continues to be part of the PRC-wide entity for
this review, we were not making a determination regarding its no
shipments certification.\5\ In the Preliminary Results we determined
that 58 companies in total should be treated as part of the PRC-wide
entity.\6\ We invited interested parties to comment on the Preliminary
Results. We received no comments from interested parties.
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\2\ 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 at 18275 at footnote 5.
\3\ 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).
\4\ See Preliminary Results, 79 FR at 54679.
\5\ Id.
\6\ Id.
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Scope of the Order
The scope of the order includes certain frozen warmwater shrimp and
prawns, whether wild-caught (ocean harvested) or farm-raised (produced
by
[[Page 75534]]
aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-
off,\7\ deveined or not deveined, cooked or raw, or otherwise processed
in frozen form.
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\7\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope of the order, regardless of definitions in the Harmonized Tariff
Schedule (``HTS''), are products which are processed from warmwater
shrimp and prawns through freezing and which are sold in any count
size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of the order. In addition, food
preparations, which are not ``prepared meals,'' that contain more than
20 percent by weight of shrimp or prawn are also included in the scope
of the order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTS
subheading 1605.20.1020); (2) shrimp and prawns generally classified in
the Pandalidae family and commonly referred to as coldwater shrimp, in
any state of processing; (3) fresh shrimp and prawns whether shell-on
or peeled (HTS subheadings 0306.23.0020 and 0306.23.0040); (4) shrimp
and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried
shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; \8\ (7) canned
warmwater shrimp and prawns (HTS subheading 1605.20.1040); and (8)
certain battered shrimp. Battered shrimp is a shrimp-based product: (1)
That is produced from fresh (or thawed-from-frozen) and peeled shrimp;
(2) to which a ``dusting'' layer of rice or wheat flour of at least 95
percent purity has been applied; (3) with the entire surface of the
shrimp flesh thoroughly and evenly coated with the flour; (4) with the
non-shrimp content of the end product constituting between four and 10
percent of the product's total weight after being dusted, but prior to
being frozen; and (5) that is subjected to individually quick frozen
(``IQF'') freezing immediately after application of the dusting layer.
When dusted in accordance with the definition of dusting above, the
battered shrimp product is also coated with a wet viscous layer
containing egg and/or milk, and par-fried.
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\8\ The specific exclusion for Lee Kum Kee's shrimp sauce
applies only to the scope in the PRC case.
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The products covered by these orders are currently classified under
the following HTS subheadings: 0306.17.0003, 0306.17.0006,
0306.17.0009, 0306.17.0012, 0306.17.0015, 0306.17.0018, 0306.17.0021,
0306.17.0024, 0306.17.0027, 0306.17.0040, 1605.21.1030, and
1605.29.1010. These HTS subheadings are provided for convenience and
for customs purposes only; the written description of the scope of
these orders is dispositive.\9\
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\9\ 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.
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Final Determination of No Shipments
In the Preliminary Results, the Department determined that Regal
and SYEC had no sales of subject merchandise to the United States
during the POR.\10\ We stated, consistent with the recently announced
refinement to its assessment practice in non-market economy (``NME'')
cases, that the Department would not rescind the review in these
circumstances but, rather, would complete the review with respect to
Regal and SYEC and issue appropriate instructions to CBP based on the
final results of the review. As stated above, we did not receive any
comments on our Preliminary Results nor did we receive information from
CBP indicating that there were reviewable transactions for Regal or
SYEC during the POR. Therefore, we continue to determine that Regal and
SYEC had no reviewable transactions of subject merchandise during the
POR. Consistent with our ``automatic assessment'' clarification, the
Department will issue appropriate instructions to CBP based on our
final results.\11\
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\10\ See Preliminary Results, 79 FR at 54679.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement''). See also the ``Assessment'' section of this
notice, below.
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PRC-Wide Entity
Because Smart Foods was found to be part of the PRC-wide entity in
recent administrative reviews of the Order,\12\ had no reviewable sales
or entries in this review, and, consequently, did not demonstrate
eligibility for a separate rate, Smart Foods continues to be part of
the PRC-wide entity. Therefore, we continue to 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.\13\ 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 finds that 58 companies \14\ under
review have
[[Page 75535]]
not established eligibility for a separate rate and, thus, they should
continue to be part of the PRC-wide entity for these final results.
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\12\ 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).
\13\ 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).
\14\ Those companies for which a review was requested and which
we 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.
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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 recently announced a refinement to its assessment practice
in NME 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 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.\15\
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\15\ See Assessment Practice Refinement, 76 FR at 65694.
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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 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 14, 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 14), 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.
Notifications
This notice serves as a final 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 has occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to the
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). Timely notification of the
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213(d)(4).
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29673 Filed 12-17-14; 8:45 am]
BILLING CODE 3510-DS-P