Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value during the period of review (POR) February 1, 2020, through January 31, 2021.
DATES:
Applicable July 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Adam Simons, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 or (202) 482-6172, respectively.
SUPPLEMENTARY INFORMATION:
( printed page 40504)
Background
This review covers 163 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: LNSK Green House Agro Products LLP (LNSK) and Royal Imports and Exports (Royal). The producers/exporters not selected for individual examination are listed in Appendix II.
On March 1, 2022, Commerce published the
Preliminary Results
and invited interested parties to comment.[1]
For a complete description of the events that occurred since the
Preliminary Results,
see the Issues and Decision Memorandum.[2]
The merchandise subject to the
Order
is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.04, 0306.17.00.05, 0306.17.00.06, 0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10, 0306.17.00.11, 0306.17.00.12, 0306.17.00.13, 0306.17.00.14, 0306.17.00.15, 0306.17.00.16, 0306.17.00.17, 0306.17.00.18, 0306.17.00.19, 0306.17.00.20, 0306.17.00.21, 0306.17.00.22, 0306.17.00.23, 0306.17.00.24, 0306.17.00.25, 0306.17.00.26, 0306.17.00.27, 0306.17.00.28, 0306.17.00.29, 0306.17.00.40, 0306.17.00.41, 0306.17.00.42, 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 remains dispositive.[4]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
Commerce was unable to conduct on-site verification of the information relied upon for the final results of this review. However, we took additional steps in lieu of an on-site verification to verify this information, in accordance with section 782(i) of the Act.[5]
Changes Since the Preliminary Results
Based on the comments received from interested parties, we made no changes to our margin calculations in the
Preliminary Results.
Final Results of the Review
As a result of this review, we determine the following weighted-average dumping margins for the period February 1, 2020, through January 31, 2021:
Exporter/producer
Weighted-
average
dumping
margin
(percent)
LNSK Green House Agro Products LLP
0.00
Royal Imports and Exports
3.01
Companies Not Selected for Individual Review 6
3.01
Review-Specific
Rate for Companies Not Selected for Individual Review
The exporters or producers not selected for individual review are listed in Appendix II.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.
Persuant to 19 CFR 351.212(b)(1), because LNSK and Royal reported the entered value for their U.S. sales, we calculated importer-specific
ad valorem
duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent's weighted-average dumping margin is zero or
de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or
de minimis,
we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by LNSK or Royal for which the reviewed companies did not know that the merchandise they sold to the intermediary (
e.g.,
a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.[7]
For the companies that were not selected for individual review, we assigned an assessment rate based on the review-specific rate, calculated as noted in the “Final Results of the Review” section, above.[8]
The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.[9]
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the
Federal Register
. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP
( printed page 40505)
not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed companies will be the rates shown above, except if the rate is less than 0.50 percent (
de minimis
within the meaning of 19 CFR 351.106(c)(1)), the cash deposit will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a previous review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all-other manufacturers or exporters will continue to be 10.17 percent, the all-others rate established in the LTFV investigation.[10]
These deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only 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 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/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.
Notification to Interested Parties
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues General Comments
Comment 1: Differential Pricing Analysis
Comment 2: Excluding Window Period Sales from the Constructed Value (CV) Profit Calculation for Royal
Comment 3: Excluding a Certain Control Number (CONNUM) from the Price-to-Price Comparisons for Royal
IV. Recommendation
Appendix II
Review-Specific Rate Applicable to Companies Not Selected for Individual Review
2.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the 2020-2021 Administrative Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from India,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
3.
See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India,70 FR 5147 (February 1, 2005) (
Order).
5.
See
Commerce's Letters, In-Lieu of On-Site Verification Questionnaires, dated March 28, 2022;
see also
LNSK's Letter, “LNSK Green House Agro Products LLP Response to Questionnaire in lieu of Verification,” dated April 6, 2022; and Royal's Letter, “Royal Imports and Exports' Response to Questionnaire in lieu of Verification,” dated April 6, 2022.
6.
Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding any margins that are zero or de
minimis
margins, and any margins determined entirely {on the basis of facts available}.” Because the margin calculated for LNSK is zero, we have assigned a dumping margin to these companies based on the rate calculated for Royal.
7.
For a full discussion of this practice,
see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
8.
See, e.g., Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2016-2017,83 FR 32835 (July 16, 2018).
11.
Shrimp produced and exported by Devi Sea Foods Limited (Devi) was excluded from the order effective February 1, 2009.
See Certain Frozen Warmwater Shrimp from India: Final Results of the Antidumping Duty Administrative Review, Partial Rescission of Review, and Notice of Revocation of Order in Part,75 FR 41813, 41814 (July 19, 2010). Accordingly, we initiated this administrative review with respect to Devi only for shrimp produced in India where Devi acted as either the manufacturer or exporter (but not both).