Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
The U.S. Department of Commerce (Commerce) continues to find that Zhangzhou Hongwei Foods Co., Ltd. (Zhangzhou Hongwei) and Zhanjiang Regal Integrated Marine Resources Co., Ltd....
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) continues to find that Zhangzhou Hongwei Foods Co., Ltd. (Zhangzhou Hongwei) and Zhanjiang Regal Integrated Marine Resources Co., Ltd. (Zhanjiang Regal), exporters of certain frozen warmwater shrimp (shrimp) from the People's Republic of China (China) under review, had no shipments of subject merchandise during the period of review (POR), February 1, 2021, through January 31, 2022. Commerce also continues to find that the 134 remaining companies subject to this review are part of the China-wide entity because they did not demonstrate their eligibility for separate rates.
DATES:
Applicable February 24, 2023
FOR FURTHER INFORMATION CONTACT:
Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2022, Commerce published the
Preliminary Results
of this administrative review in the
Federal Register
.[1]
No interested party submitted comments concerning the
Preliminary Results.
Accordingly, no decision memorandum accompanies this
Federal Register
notice and no changes have been made in the final results of this review. Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
The product covered by this
Order
is shrimp from China. For a complete description of the scope,
see
the
Preliminary Results.[3]
Final Determination of No Shipments
Commerce preliminarily found that Zhangzhou Hongwei and Zhanjiang Regal had no shipments during the POR. As noted in the
Preliminary Results,
we received no shipment statements from the two exporters identified above and the statements were consistent with the information we received from U.S. Customs and Border Protection (CBP).
We received no comments from interested parties with respect to the
Preliminary Results.
Therefore, for these final results, we continue to find that these two exporters had no shipments of subject merchandise to the United States during the POR and will issue appropriate liquidation instructions that are consistent with our “automatic assessment” clarification for these final results.[4]
China-Wide Entity
With the exception of Zhangzhou Hongwei and Zhanjiang Regal, Commerce considers all other companies for which a review was requested to be part of the China-wide entity because they did not demonstrate their separate rate eligibility.[5]
Accordingly, the companies listed in the appendix are part of the China-wide entity. No party commented on the
Preliminary Results
with respect to these companies' separate rate ineligibility. Therefore, for these final results, we determine that these 134 companies at issue are part of the China-wide entity.
Because no party requested a review of the China-wide entity and Commerce no longer considers the China-wide entity as an exporter conditionally subject to administrative reviews, we did not conduct a review of the China-wide entity.[6]
The rate previously established for the China-wide entity is 112.81 percent and is not subject to change as a result of this review.[7]
Assessment Rates
Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review in accordance with section 751(a)(2)(C) of the Act. Based on record evidence, we have determined that Zhangzhou Hongwei and Zhanjiang Regal had no shipments of subject merchandise, and, therefore, pursuant to Commerce's assessment practice, any suspended entries entered under their case numbers will be liquidated at the China-wide entity rate.[8]
For all remaining companies subject to this review, which are part of the China-wide entity, we will instruct CBP to liquidate their entries at the current rate for the China-wide entity (
i.e.,
112.81 percent). 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 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 upon publication of the final results of this administrative review for shipments of the subject merchandise from China 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 two companies that had no shipments during the POR will remain unchanged from the rates assigned to them in the most recently completed segment for each company; (2) for previously investigated or reviewed Chinese and non-Chinese exporters that have separate rates and for which a review was not requested, the cash deposit rate will continue to be
( printed page 11894)
the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (
i.e.,
112.81 percent); and (4) for all non-Chinese exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to an 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). 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 subject to sanction.
Notification to Importers
This notice also 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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 16, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
125. Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
126. Zhanjiang Universal Seafood Corp.
127. Zhaoan Yangli Aquatic Co., Ltd.
128. Zhejiang Evernew Seafood Co.
129. Zhejiang Xinwang Foodstuffs Co., Ltd.
130. Zhenye Aquatic (Huilong) Ltd.
131. Zhoushan Genho Food Co., Ltd.
132. Zhoushan Green Food Co., Ltd.
133. Zhoushan Haizhou Aquatic Products
134. Zhuanghe Yongchun Marine Products
Footnotes
1.
See Certain Frozen Warmwater Shrimp from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022,87 FR 64438 (October 25, 2022) (
Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM).
2.
See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the People's Republic of China,70 FR 5149 (February 1, 2005) (
Order).
5.
See Initiation of Antidumping and Countervailing Duty Administrative Reviews,87 FR 21619 at 21620 (April 12, 2022) (“All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a Separate Rate Application or Certification, as described below.”).
6.
See 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, 65969-70 (November 4, 2013).
Use this for formal legal and research references to the published document.
88 FR 11893
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022,” thefederalregister.org (February 24, 2023), https://thefederalregister.org/documents/2023-03794/certain-frozen-warmwater-shrimp-from-the-people-s-republic-of-china-final-results-of-antidumping-duty-administrative-rev.