[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46565-46568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21904]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Third Administrative Review of Frozen Warmwater Shrimp From the
People's Republic of China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2009, the Department of Commerce (the
[[Page 46566]]
``Department'') published in the Federal Register the Preliminary
Results of the third administrative review of the antidumping duty
order on certain frozen warmwater shrimp from the People's Republic of
China (``PRC'').\1\ We gave interested parties an opportunity to
comment on the Preliminary Results. Based upon our analysis of the
comments and information received, we made changes to the margin
calculations for the final results. We continue to find that certain
exporters have sold subject merchandise at less than normal value
during the period of review (``POR''), February 1, 2007, through
January 31, 2008.
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\1\ See Third Administrative Review of Frozen Warmwater Shrimp
from the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 10026
(March 9, 2009) (``Preliminary Results'').
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DATES: Effective Date: September 10, 2009.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2008, the Department initiated an administrative review
of 482 producers/exporters of subject merchandise from the PRC.\2\ In
the Preliminary Results the Department rescinded the review with
respect to Yelin Enterprise Co., Ltd. Hong Kong (the predecessor in
interest to Hilltop International), Yangjiang City Yelin Hoitat Quick
Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd. and
Fuqing Minhua Trade Co., Ltd. (collectively named ``Yelin/Hilltop''),
in accordance with 19 CFR 351.213(d)(1), because of timely withdrawals
of requests for review. Also, in the Preliminary Results the Department
preliminarily rescinded the review with respect to 11 companies which
submitted no shipment certifications: Allied Pacific Group (comprised
of Allied Pacific Food (Dalian) Co., Ltd.; Allied Pacific Aquatic
Products (Zhanjiang) Co., Ltd.; \3\ Zhanjiang Allied Pacific
Aquaculture Co., Ltd.; Allied Pacific (H.K.) Co., Ltd.; and King Royal
Investments Ltd.); Gallant Ocean (Nanhai), Ltd.; Luk Ka Paper
Industrial Ltd.; Shantou Yelin Frozen Seafood Co., Ltd.; and Shantou
Yuexing Enterprise Company. Thus, 466 companies remain subject to this
review.
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\2\ See notice of Initiation of Administrative Reviews of the
Antidumping Duty Orders on Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam and the People's Republic of China, 73
FR 18739 (April 7, 2008) for a listing of these companies.
\3\ The Department in its initiation notice included ``Allied
Pacific Aquatic Products (Zhangjiang) Co., Ltd.'' due to the
Petitioners' misspelling of the company's name in its review
request. See Letter from Dewey & LeBouef to the Secretary of
Commerce, ``Request for Administrative Reviews,'' (Feb. 29, 2008).
In its April 17, 2008, letter, Allied Pacific Aquatic Products
(Zhanjiang) Co., Ltd. clarified the correct spelling of its name.
See Letter from Trade Pacific to the Secretary of Commerce, ``Frozen
Warmwater Shrimp from the People's Republic of China.'' The
Department notes that the review is preliminarily rescinded for both
the proper name and the misspelled name of this company.
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As noted above, on March 9, 2009, the Department published the
Preliminary Results of this administrative review.\4\ On March 25,
2009, the Petitioners \5\ submitted additional surrogate value
information. On March 30, 2009, Domestic Interested Parties \6\
submitted additional surrogate value information. On April 2, 2009,
Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'')
submitted additional surrogate value information.
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\4\ See Preliminary Results.
\5\ The petitioners are the members of the Ad Hoc Shrimp Trade
Action Committee (hereinafter referred to as ``Petitioners'').
\6\ These domestic parties are the American Shrimp Processors
Association and Louisiana Shrimp Association (hereinafter referred
to as ``DIP'').
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On April 3, 2009, we extended the deadline for parties to submit
the case briefs and rebuttal briefs to April 8, 2009 and April 17,
2009, respectively. On April 8, 2009, the Petitioners, DIP and Regal
filed case briefs. On April 17, 2009, the Petitioners and DIP filed
rebuttal briefs.
On June 4, 2009, the Department extended the deadline for the
completion of the final results of this review until July 28, 2009.\7\
On July 22, 2009, the Department extended the deadline for the
completion of the final results of this review until August 28,
2009.\8\
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\7\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China and the Socialist Republic of Vietnam: Notice of
Extension of Time Limit for the Final Results of the Third
Administrative Reviews, 74 FR 26839 (June 4, 2009).
\8\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China and the Socialist Republic of Vietnam: Notice of
Extension of Time Limit for the Final Results of the Third
Administrative Reviews, 74 FR 36164 (July 22, 2009).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Administrative Review of Frozen
Warmwater Shrimp from the People's Republic of China: Issues and
Decision Memorandum for the Final Results,'' which is dated
concurrently with this notice (``I&D Memo''). A list of the issues
which parties raised and to which we respond in the I&D Memo is
attached to this notice as an Appendix. The I&D Memo is a public
document and is on file in the Central Records Unit (``CRU''), Main
Commerce Building, Room 1117, and is accessible on the Department's Web
site at http://www.trade.gov/ia. The paper copy and electronic version
of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
Regal's margin calculation for the final results. For all changes to
Regal's calculation, see I&D Memo and the company specific analysis
memorandum.
Scope of the Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\9\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\9\ ``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 this investigation, regardless of definitions in the
Harmonized Tariff Schedule of the United States (``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),
[[Page 46567]]
and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this investigation. 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 this investigation.
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; (7) canned warmwater
shrimp and prawns (HTS subheading 1605.20.1040); (8) certain dusted
shrimp; and (9) certain battered shrimp. Dusted 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. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of
dusting above, is coated with a wet viscous layer containing egg and/or
milk, and pan-fried.
The products covered by this investigation are currently classified
under the following HTS subheadings: 0306.13.0003, 0306.13.0006,
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021,
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and
1605.20.1030. These HTS subheadings are provided for convenience and
for customs purposes only and are not dispositive, but rather the
written description of the scope of this investigation is dispositive.
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to the following companies: Allied Pacific
Group \10\; Gallant Ocean (Nanhai), Ltd.; Luk Ka Paper Industrial Ltd.;
Shantou Yelin Frozen Seafood Co., Ltd.; and Shantou Yuexing Enterprise
Company. These companies reported that they had no shipments of subject
merchandise to the United States during the POR.
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\10\ Allied Pacific Group is comprised of: Allied Pacific Food
(Dalian) Co., Ltd.; Allied Pacific Aquatic Products (Zhanjiang) Co.,
Ltd.; Zhanjiang Allied Pacific Aquaculture Co., Ltd.; Allied Pacific
(H.K.) Co., Ltd.; and King Royal Investments Ltd.
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Subsequent to the Preliminary Results, no information was submitted
on the record indicating that the above companies made sales to the
United States of subject merchandise during the POR. Thus, in
accordance with 19 CFR 351.213(d)(3), and consistent with our practice,
we are rescinding this review with respect to the above-named companies
for the period of February 1, 2007, through January 31, 2008.
Separate Rates
In our Preliminary Results, we determined that Regal and Shantou
Longsheng Aquatic Product Foodstuff Co., Ltd. (``Shantou Longsheng'')
met the criteria for the application of a separate rate. We have not
received any information since the issuance of the Preliminary Results
that provides a basis for the reconsideration of these determinations.
Therefore, the Department continues to find that Regal and Shantou
Longsheng meet the criteria for a separate rate.
Facts Available
Section 776(a)(2) of the Act provides that if an interested party:
(A) Withholds information that has been requested by the Department;
(B) fails to provide such information in a timely manner or in the form
or manner requested, subject to subsections 782(c)(1) and (e) of the
Act; (C) significantly impedes a determination under the antidumping
statute; or (D) provides such information but the information cannot be
verified, the Department shall, subject to subsection 782(d) of the
Act, use facts otherwise available in reaching the applicable
determination.
Furthermore, section 776(b) of the Act provides that, if the
Department finds that an interested party ``has failed to cooperate by
not acting to the best of its ability to comply with a request for
information,'' the Department may use information that is adverse to
the interests of that party as facts otherwise available. Adverse
inferences are appropriate ``to ensure that the party does not obtain a
more favorable result by failing to cooperate than if it had cooperated
fully.'' See Statement of Administrative Action (``SAA'') accompanying
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An
adverse inference may include reliance on information derived from the
petition, the final determination in the investigation, any previous
review, or any other information placed on the record. See section
776(b) of the Act.
As noted in the Preliminary Results, the Department selected
Zhanjiang Go-Harvest Aquatic Products Co., Ltd. (``Go-Harvest'') for
individual examination in this review, however, Go-Harvest did not
respond to any of the Department's requests for information.\11\
Because Go-Harvest did not respond to the Department's requests for
information and failed to demonstrate that it qualifies for separate
rate status, we consider Go-Harvest to be a part of the PRC-wide
entity.\12\ Consequently, because the PRC-wide entity, including Go-
Harvest, withheld requested information, failed to provide information
in a timely manner and in the form requested, and significantly impeded
this proceeding, we found in the Preliminary Results that the PRC-wide
entity, including Go-Harvest, failed to cooperate to the best of its
ability and applied adverse facts otherwise available in order to
determine a margin for the PRC-wide entity, pursuant to section
776(a)(2)(A), (B), (C) and 776(b) of the Act.\13\
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\11\ See Preliminary Results at 10026.
\12\ Id.
\13\ See e.g., Non-Malleable Cast Iron Pipe Fittings from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 69546 (December 1, 2006) and
accompanying Issues and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the First Administrative Review and
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to
apply total AFA to the NME-wide entity unchanged in Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September 12, 2007) (First
Vietnamese Shrimp Review).
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In the Initiation, we requested that all companies listed therein
wishing to qualify for separate rate status in this administrative
review submit, as appropriate, either a separate rate status
application or certification.\14\ As noted above, the Department
initiated this administrative review with respect to 482 companies, and
in the Preliminary Results rescinded the review on five of those 482
companies. Also as noted above, the Department is rescinding the review
with respect to eleven other above-named companies due to the lack
[[Page 46568]]
of shipments during the POR. Thus, including Regal and Shantou
Longsheng, 466 companies remain subject to this review. We note that no
other company listed in the Initiation, including Go-Harvest, has
demonstrated its eligibility for separate rate status in this
administrative review. In the Preliminary Results, the Department
determined that 464 companies which did not demonstrate eligibility for
a separate rate are properly considered part of the PRC-Wide
entity.\15\ Since the Preliminary Results, none of the 464 companies,
including Go-Harvest submitted comments regarding these findings.
Therefore, we continue to treat these entities as part of the PRC-
Wide entity.
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\14\ See Initiation.
\15\ See Preliminary Results at 10029.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
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Regal................................................... 9.08
Shantou Longsheng....................................... 9.08
PRC-Wide Entity \16\.................................... 112.81
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\16\ The PRC-wide entity includes the 464 companies currently under
review that have not established their entitlement to a separate rate,
including Zhanjiang Go-Harvest Aquatic Products Co., Ltd. and Shantou
Yuexing Enterprise Company.
Assessment
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. Pursuant
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or
customer) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific assessment rate calculated in the final
results of this review is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in
these final results of review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
112.81 percent; 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 exporters that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
Reimbursement of Duties
This notice also serves as a final 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 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``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/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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: August 28, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
Comment 1: Surrogate Country
Comment 2: Zeroing
Comment 3: Surrogate Values
a. Purchased Ice
b. Ocean Water
c. Shrimp Feed
d. Salt
e. By-products
f. Fertilizer
g. Shrimp Larvae
Comment 4: Calculation of Surrogate Financial Ratios
a. Interest
b. Labor
c. Depreciation
Comment 5: Calculation of Diesel Oil Consumption
Comment 6: Self-Made Ice
Comment 7: Assessment Rates to Account for Misclassified Entries
Comment 8: Selection of Respondents
[FR Doc. E9-21904 Filed 9-9-09; 8:45 am]
BILLING CODE 3510-DS-P