Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
The U.S. Department of Commerce (Commerce) continues to determine that the 139 companies subject to this administrative review of the antidumping duty order on certain frozen wa...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) continues to determine that the 139 companies subject to this administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from the People's Republic of China (China) are part of the China-wide entity because they did not demonstrate eligibility for separate rates. The period of review (POR) is February 1, 2022, through January 31, 2023.
DATES:
Applicable December 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Colin Thrasher, 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) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On September 27, 2023, Commerce published the
Preliminary Results
of this administrative review in the
Federal Register
.[1]
We invited interested parties to comment on the
Preliminary Results.
For a complete description of the events that occurred since the
Preliminary Results, see
the Issues and Decision Memorandum.[2]
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 Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as Appendix I. 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.
Changes Since the Preliminary Results
Based on a review of the record and comments received from an interested party, we have made clarifications to the
Preliminary Results
in the Issues and Decision Memorandum. Specifically, we have clarified that Commerce's China-wide entity rate determination with respect to Zhanjiang Guolian Aquatic Products Co., Ltd. (Guolian) applies only to merchandise that was not both produced by and exported to the United States during the POR by Guolian. Merchandise which was both produced and exported by Guolian to the United States is excluded from the
Order.[4]
For a more detailed discussion of this clarification,
see
the Issues and Decision Memorandum.
China-Wide Entity
Commerce considers all 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 Appendix II are part of the China-wide entity. Apart from the clarification above, no party commented on the
Preliminary Results
with respect to these companies' separate rate ineligibility. Therefore, for these final results, we determine that these 139 companies 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 U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review in accordance with section 751(a)(2)(C) of the Act. For the 139 companies subject to this review, we will instruct CBP to apply the China-wide rate of 112.81 percent to all entries of subject merchandise during the POR. Commerce intends to issue assessment
( printed page 86879)
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) 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 the exporter-specific rate published for the most recently completed segment of this proceeding; (2) 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 (3) 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: December 8, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
1.
See Certain Frozen Warmwater Shrimp from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023,88 FR 66377 (September 27, 2023) (
Preliminary Results), and accompanying Preliminary Decision Memorandum.
2.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order: Certain Warmwater Frozen Shrimp from the People's Republic of China; 2022-2023,” 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 the People's Republic of China,70 FR 5149 (February 1, 2005) (
Order).
4.
See Order
(“Pursuant to {section} 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation of all entries of certain frozen warmwater shrimp and prawns from {China} (except merchandise produced and exported by Zhanjiang Guolian because this company has a
de minimis
margin) entered, or withdrawn from warehouse, for consumption on or after July 16, 2004, the date of publication of the
Preliminary Determination.
”).
5.
See Initiation of Antidumping and Countervailing Duty Administrative Reviews,88 FR 21609, 21620 (April 11, 2023) (“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).
8.
As discussed in the Issues and Decision Memorandum, only entries exported by Zhanjiang Guolian Aquatic Products Co., Ltd. and produced by another entity are subject to this review. Subject merchandise imports produced and exported by Zhanjiang Guolian Aquatic Products Co., Ltd. are excluded from the
Order. See Initiation of Antidumping and Countervailing Duty Administrative Reviews,88 FR 21609, 21627 (April 11, 2023).
Use this for formal legal and research references to the published document.
88 FR 86878
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; 2022-2023,” thefederalregister.org (December 15, 2023), https://thefederalregister.org/documents/2023-27548/certain-frozen-warmwater-shrimp-from-the-people-s-republic-of-china-final-results-of-antidumping-duty-administrative-rev.