Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2021-2022
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)
( printed page 60432)
February 1, 2021, through January 31, 2022.
DATES:
Applicable September 1, 2023.
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:
Background
This review covers 187 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Megaa Moda Pvt Ltd. (Megaa Moda) and NK Marine Exports LLP (NK Marine).[1]
The producers/exporters not selected for individual examination are listed in Appendix II.
On March 3, 2023, Commerce published the
Preliminary Results
and invited interested parties to comment.[2]
For a complete description of the events that occurred since the
Preliminary Results,
see the Issues and Decision Memorandum.[3]
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: 0306.17.00.04, 0306.17.00.05, 0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10, 0306.17.00.11, 0306.17.00.13, 0306.17.00.14, 0306.17.00.16, 0306.17.00.17, 0306.17.00.19, 0306.17.00.20, 0306.17.00.22, 0306.17.00.23, 0306.17.00.25, 0306.17.00.26, 0306.17.00.28, 0306.17.00.29, 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.[5]
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
access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
access.trade.gov/​public/​FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties, we made no changes to the margin calculations in the
Preliminary Results
for Megaa Moda and NK Marine. However, we did make changes to our calculation of the review-specific average rate assigned to the companies not selected for individual review.[6]
Final Results of the Review
As a result of this review, we determine the following weighted-average dumping margins for the period February 1, 2021, through January 31, 2022:
Exporter/producer
Weighted-
average
dumping
margin
(percent)
Megaa Moda Pvt Ltd
7.92
NK Marine Exports LLP
1.43
Companies Not Selected for Individual Review 7
3.88
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 Tariff Act of 1930, as amended, 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.
Pursuant to 19 CFR 351.212(b)(1), because Megaa Moda and NK Marine 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 Megaa Moda or NK Marine 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.[8]
For the companies that were not selected for individual review, we assigned an assessment rate based on the review-specific average rate, calculated as noted in the “Final Results of the Review” section, above. 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 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,
( printed page 60433)
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: August 25, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Calculating the Review-Specific Average Rate for Companies Not Selected for Review
Comment 2: Calculating Comparison Market Net Price for NK Marine
Comment 3: Excluding Certain Sales from the Home Market for Megaa Moda
Comment 4: Treating Certain Home Market Sales and Sales to the United States for Megaa Moda
Comment 5: Offsetting Interest Expenses with Short-Term Interest Income for Megaa Moda
IV. Recommendation
Appendix II—Review-Specific Average Rate Applicable to Companies Not Selected for Individual Review
3.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the 2021-2022 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).
4.
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).
8.
For a full discussion of this practice,
see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
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).
access.trade.gov
19 CFR 351.212(b)(1)