81_FR_29622 81 FR 29530 - Certain Frozen Warmwater Shrimp From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2015-2016

81 FR 29530 - Certain Frozen Warmwater Shrimp From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 92 (May 12, 2016)

Page Range29530-29531
FR Document2016-11239

The Department of Commerce (``the Department'') is rescinding the administrative review of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the People's Republic of China (``PRC'') for the period February 1, 2015 through January 31, 2016.

Federal Register, Volume 81 Issue 92 (Thursday, May 12, 2016) 
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29530-29531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11239]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is rescinding 
the administrative review of the antidumping duty order on certain 
frozen warmwater shrimp (``shrimp'') from the People's Republic of 
China (``PRC'') for the period February 1, 2015 through January 31, 
2016.

DATES: Effective Date: May 12, 2016.

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

    On April 7, 2016, based on a timely request for review on behalf of 
the Ad Hoc Shrimp Trade Action Committee (``Petitioner'') \1\ and the 
American Shrimp Processors Association (``Domestic Processors''),\2\ 
the Department published in the Federal Register a notice of initiation 
of an administrative review of the antidumping duty order on shrimp 
from

[[Page 29531]]

the PRC covering the period February 1, 2015, through January 31, 
2016.\3\ The review covers 74 companies. On April 18, 2016, and April 
25, 2016, Petitioner and Domestic Processors withdrew their requests 
for an administrative review on all companies listed in the Initiation 
Notice.\4\ No other party requested a review of these companies or any 
other exporters of subject merchandise.
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    \1\ See Letter to the Secretary of Commerce from the Ad Hoc 
Shrimp Trade Action Committee (``AHSTAC'') ``Certain Frozen 
Warmwater Shrimp from the People's Republic of China: Request for 
Administrative Reviews'' (February 24, 2016).
    \2\ See Letter to the Secretary of Commerce from the American 
Shrimp Processors Association (``ASPA'') ``Administrative Review of 
the Antidumping Duty Order Covering Frozen Warmwater Shrimp from the 
People's Republic of China (POR 11: 02/01/15-01/31/16): American 
Shrimp Processors Association's Request for an Administrative 
Review'' (February 29, 2016).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation 
Notice'').
    \4\ See Letter to the Secretary of Commerce from Petitioner 
``Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Domestic Producers' Withdrawal of Review Requests'' (April 
18, 2016); Letter to the Secretary of Commerce from Domestic 
Processors ``Administrative Review of Antidumping Duty Order 
Covering Certain Frozen Warmwater Shrimp From the People's Republic 
of China: Withdrawal of Review Request on Behalf of the American 
Shrimp Processors Association'' (April 25, 2016).
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. In this case, 
Petitioner and Domestic Processors timely withdrew their request by the 
90-day deadline, and no other party requested an administrative review 
of the antidumping duty order. As a result, pursuant to 19 CFR 
351.213(d)(1), we are rescinding the administrative review of the 
antidumping order on shrimp from the PRC for the period February 1, 
2015, through January 31, 2016, in its entirety.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. 
Because the Department is rescinding this administrative review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed antidumping duties at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of this 
notice in the Federal Register, if appropriate.

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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a final 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(a)(3), 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 notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: May 4, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-11239 Filed 5-11-16; 8:45 am]
BILLING CODE 3510-DS-P

29530 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices minimis, or an importer-(or customer-) proceeding, the cash deposit rate will 2. Results of the Differential Pricing specific ad valorem assessment rate is continue to be the existing exporter- Analysis zero or de minimis,16 we will instruct specific rate; (3) for all PRC exporters of 3. Export Price CBP to liquidate the appropriate entries subject merchandise that have not been 4. VAT 5. Normal Value without regard to antidumping duties. found to be entitled to a separate rate, H. Factor Valuation Methodology For Feidong and Ningbo Afa, the the cash deposit rate will be the rate for I. Adjustment Under Section 777A(f) of the respondents which were not selected for the PRC-wide entity, which is 76.45 Act individual examination in this percent; and (4) for all non-PRC J. Currency Conversion administrative review and which exporters of subject merchandise which V. Conclusion qualified for a separate rate, the have not received their own rate, the [FR Doc. 2016–11249 Filed 5–11–16; 8:45 am] assessment rate will be equal to the rate cash deposit rate will be the rate BILLING CODE 3510–DS–P calculated for the mandatory respondent applicable to the PRC exporter(s) that in this review (i.e., 1.65 percent).17 supplied that non-PRC exporter. These For the final results, if we continue to deposit requirements, when imposed, DEPARTMENT OF COMMERCE treat the non-responding mandatory shall remain in effect until further respondents B&R Industries, Newecan, notice. International Trade Administration and Superte, as part of the PRC-wide entity, we will instruct CBP to apply an Notification to Importers [A–570–893] ad valorem assessment rate of 76.45 This notice also serves as a Certain Frozen Warmwater Shrimp percent to all entries of subject preliminary reminder to importers of From the People’s Republic of China: merchandise during the POR which their responsibility under 19 CFR Rescission of Antidumping Duty were produced and/or exported by those companies. 351.402(f) to file a certificate regarding Administrative Review; 2015–2016 The Department announced a the reimbursement of antidumping and/ or countervailing duties prior to AGENCY: Enforcement and Compliance, refinement to its assessment practice in International Trade Administration, NME cases. Pursuant to this refinement liquidation of the relevant entries during this review period. Failure to Department of Commerce. in practice, for entries that were not comply with this requirement could SUMMARY: The Department of Commerce reported in the U.S. sales database result in the Secretary’s presumption (‘‘the Department’’) is rescinding the submitted by the company individually examined during this review, the that reimbursement of antidumping administrative review of the Department will instruct CBP to and/or countervailing duties occurred antidumping duty order on certain liquidate such entries at the PRC-wide and the subsequent assessment of frozen warmwater shrimp (‘‘shrimp’’) rate. In addition, if we continue to find double antidumping duties. from the People’s Republic of China that Kehuaxing had no shipments of the We are issuing and publishing these (‘‘PRC’’) for the period February 1, 2015 subject merchandise, any suspended preliminary results of review in through January 31, 2016. entries of subject merchandise from accordance with sections 751(a)(l) and DATES: Effective Date: May 12, 2016. Kehuaxing will be liquidated at the 777(i)(l) of the Act and 19 CFR 351.213. FOR FURTHER INFORMATION CONTACT: PRC-wide rate.18 Dated: May 5, 2016. Kabir Archuletta, AD/CVD Operations, Cash Deposit Requirements Office V, Enforcement and Compliance, Paul Piquado, International Trade Administration, The following cash deposit Assistant Secretary for Enforcement and Department of Commerce, 14th Street requirements will be effective upon Compliance. and Constitution Avenue NW., publication of the final results of this Appendix—List of Topics Discussed in Washington, DC 20230; telephone: (202) administrative review for all shipments the Preliminary Decision Memorandum 482–2593. of the subject merchandise from the PRC I. Summary SUPPLEMENTARY INFORMATION: entered, or withdrawn from warehouse, II. Background for consumption on or after the III. Scope of the Order Background publication date, as provided for by IV. Discussion of the Methodology On April 7, 2016, based on a timely section 751(a)(2)(C) of the Act: (1) For A. Preliminary Determination of No request for review on behalf of the Ad the companies listed above that have a Shipments Hoc Shrimp Trade Action Committee separate rate, the cash deposit rate will B. Non-Market Economy Country Status (‘‘Petitioner’’) 1 and the American be that rate established in the final C. Separate Rates Determination Shrimp Processors Association results of this review (except, if the rate 1. Absence of De Jure Control 2. Absence of De Facto Control (‘‘Domestic Processors’’),2 the is zero or de minimis, then a cash 3. Separate Rate for Non-Selected Department published in the Federal deposit rate of zero will be established Companies Register a notice of initiation of an for that company); (2) for previously D. Companies Preliminarily Considered administrative review of the investigated or reviewed PRC and non- Part of the PRC-Wide Entity antidumping duty order on shrimp from PRC exporters that received a separate 1. B&R Industries, Newecan, and Superte rate in a prior segment of this 2. Shunde Foodstuffs, Franke, Grand Hill, 1 See Letter to the Secretary of Commerce from Heng’s Industries, Hongmao, J&C the Ad Hoc Shrimp Trade Action Committee 16 See 19 CFR 351.106(c)(2). Industries, MingHao, Ningbo Oulin, and (‘‘AHSTAC’’) ‘‘Certain Frozen Warmwater Shrimp asabaliauskas on DSK3SPTVN1PROD with NOTICES 17 See Drawn Stainless Steel Sinks from the from the People’s Republic of China: Request for Zoje People’s Republic of China: Preliminary Results of E. Surrogate Country Administrative Reviews’’ (February 24, 2016). Antidumping Duty Administrative Review, 80 FR 1. Economic Comparability 2 See Letter to the Secretary of Commerce from 26227, 26228 (May 7, 2015); unchanged in Drawn the American Shrimp Processors Association Stainless Steel Sinks From the People’s Republic of 2. Significant Producer of Comparable (‘‘ASPA’’) ‘‘Administrative Review of the China: Final Results of the Antidumping Duty Merchandise Antidumping Duty Order Covering Frozen Administrative Review; 2012–2014, 80 FR 69644 3. Data Availability Warmwater Shrimp from the People’s Republic of (November 10, 2015). F. Date of Sale China (POR 11: 02/01/15–01/31/16): American 18 For a full discussion of this practice, see NME G. Comparisons to Normal Value Shrimp Processors Association’s Request for an AD Assessment. 1. Determination of Comparison Method Administrative Review’’ (February 29, 2016). VerDate Sep<11>2014 17:02 May 11, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1

Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices 29531 the PRC covering the period February 1, liquidation of the relevant entries China (PRC).1 The notice of initiation 2015, through January 31, 2016.3 The during this review period. Failure to stated that the Department, in review covers 74 companies. On April comply with this requirement could accordance with section 733(b)(1)(A) of 18, 2016, and April 25, 2016, Petitioner result in the Department’s presumption the Tariff Act of 1930, as amended (the and Domestic Processors withdrew their that reimbursement of the antidumping Act), and 19 CFR 351.205(b)(1), would requests for an administrative review on duties occurred and the subsequent issue its preliminary determination for all companies listed in the Initiation assessment of doubled antidumping this investigation, unless postponed, no Notice.4 No other party requested a duties. later than 140 days after the date of the review of these companies or any other This notice also serves as a final initiation. As explained in the exporters of subject merchandise. reminder to parties subject to memorandum from the Acting Assistant administrative protective order (‘‘APO’’) Secretary for Enforcement and Rescission of Review of their responsibility concerning the Compliance, the Department has Pursuant to 19 CFR 351.213(d)(1), the return or destruction of proprietary exercised its discretion to toll all Department will rescind an information disclosed under APO in administrative deadlines due to the administrative review, in whole or in accordance with 19 CFR 351.305(a)(3), recent closure of the Federal part, if the party that requested the which continues to govern business Government.2 All deadlines in this review withdraws its request within 90 proprietary information in this segment investigation have been extended by days of the publication of the notice of of the proceeding. Timely written four business days.3 The revised initiation of the requested review. In notification of the return or destruction deadline for the preliminary this case, Petitioner and Domestic of APO materials, or conversion to determination of this antidumping duty Processors timely withdrew their investigation is currently May 31, 2016.4 judicial protective order, is hereby request by the 90-day deadline, and no requested. Failure to comply with the Period of Investigation other party requested an administrative regulations and terms of an APO is a review of the antidumping duty order. The period of investigation is April 1, violation which is subject to sanction. As a result, pursuant to 19 CFR 2015, through September 30, 2015. 351.213(d)(1), we are rescinding the This notice is issued and published in accordance with sections 751(a)(1) and Postponement of Preliminary administrative review of the 777(i)(1) of the Tariff Act of 1930, as Determination antidumping order on shrimp from the PRC for the period February 1, 2015, amended, and 19 CFR 351.213(d)(4). Section 733(c)(1)(A) of the Act through January 31, 2016, in its entirety. Dated: May 4, 2016. permits the Department to postpone the Christian Marsh, time limit for the preliminary Assessment determination if it receives a timely Deputy Assistant Secretary for Antidumping The Department will instruct U.S. and Countervailing Duty Operations. request from the petitioner for Customs and Border Protection (‘‘CBP’’) [FR Doc. 2016–11239 Filed 5–11–16; 8:45 am] postponement. The Department may to assess antidumping duties on all postpone the preliminary determination BILLING CODE 3510–DS–P appropriate entries. Because the under section 733(c)(1) of the Act no Department is rescinding this later than 190 days after the date on administrative review in its entirety, the DEPARTMENT OF COMMERCE which the administering authority entries to which this administrative initiates an investigation. review pertained shall be assessed International Trade Administration On May 2, 2016, Whirlpool antidumping duties at rates equal to the Corporation (the petitioner), made a cash deposit of estimated antidumping timely request pursuant to section [A–570–033] duties required at the time of entry, or 733(c)(1) of the Act, 19 U.S.C. 1673(c)(1) withdrawal from warehouse, for Large Residential Washers From the and 19 CFR 351.205(e) for a 50-day consumption, in accordance with 19 People’s Republic of China: postponement of the preliminary CFR 351.212(c)(1)(i). The Department Postponement of Preliminary determination in this investigation.5 intends to issue appropriate assessment Determination of Antidumping Duty The petitioner stated that a instructions to CBP 15 days after the Investigation postponement is necessary given the publication of this notice in the Federal unprecedented number of factors of Register, if appropriate. AGENCY: Enforcement and Compliance, production that need to be accurately International Trade Administration, classified and valued, and the amount of Notifications Department of Commerce. This notice serves as a final reminder 1 See Large Residential Washers From the DATES: Effective Date: May 12, 2016. to importers of their responsibility People’s Republic of China: Initiation of Less-Than- FOR FURTHER INFORMATION CONTACT: Fair-Value Investigation, 81 FR 1398 (January 12, under 19 CFR 351.402(f)(2) to file a 2016). certificate regarding the reimbursement David Goldberger at (202) 482–4136 or 2 See Memorandum to the Record from Ron of antidumping duties prior to Brian Smith at (202) 482–1766, Office II, Lorentzen, Acting A/S for Enforcement and AD/CVD Operations, Enforcement and Compliance, ‘‘Tolling of Administrative Deadlines 3 See Initiation of Antidumping and Compliance, U.S. Department of As a Result of the Government Closure During Countervailing Duty Administrative Reviews, 81 FR Commerce, 14th Street and Constitution Snowstorm Jonas’’ (January 27, 2016). 3 Id. 20324 (April 7, 2016) (‘‘Initiation Notice’’). Avenue NW., Washington, DC 20230. asabaliauskas on DSK3SPTVN1PROD with NOTICES 4 See Letter to the Secretary of Commerce from 4 Where the deadline falls on a weekend/holiday, Petitioner ‘‘Certain Frozen Warmwater Shrimp from SUPPLEMENTARY INFORMATION: the appropriate date is the next business day. the People’s Republic of China: Domestic Because the deadline for the preliminary Producers’ Withdrawal of Review Requests’’ (April Background determination of this antidumping duty 18, 2016); Letter to the Secretary of Commerce from investigation is Monday, May 30, 2016, a federal Domestic Processors ‘‘Administrative Review of On January 5, 2016, the Department of holiday, the appropriate date is the next business Antidumping Duty Order Covering Certain Frozen Commerce (the Department) initiated day, Tuesday, May 31, 2016. Warmwater Shrimp From the People’s Republic of 5 See Letter from the petitioner, ‘‘Large the antidumping duty investigation of China: Withdrawal of Review Request on Behalf of Residential Washers from the People’s Republic of the American Shrimp Processors Association’’ large residential washers (washing China: Petitioner’s Request for Extension of the (April 25, 2016). machines) from the People’s Republic of Preliminary Determination’’ (May 2, 2016). VerDate Sep<11>2014 17:02 May 11, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1


Document Created: 2016-05-12 01:07:55
Document Modified: 2016-05-12 01:07:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactKabir 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.
FR Citation81 FR 29530 
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