[Federal Register Volume 72, Number 211 (Thursday, November 1, 2007)]
[Notices]
[Pages 61858-61859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21531]


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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 the Second Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 1, 2007.

FOR FURTHER INFORMATION CONTACT: Michael Quigley, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington D.C. 20230; telephone: (202) 482-4047.

Background

    On April 6, 2007, the Department of Commerce (``the Department'') 
published in the Federal Register a notice of initiation listing 105 
firms for which it received timely requests for an administrative 
review of this antidumping duty order. See Notice of Initiation of 
Administrative Reviews of the Antidumping Duty Orders on Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam and the 
People's Republic of China, 72 FR 17095 (April 6, 2007). The period of 
review (POR) is February 1, 2006, through January 31, 2007.
    On July 5, 2007, the Louisiana Shrimp Association (``LSA'') 
withdrew its

[[Page 61859]]

request for review of 95 companies. On August 22, 2007, the Department 
rescinded the review with respect to these companies in accordance with 
19 CFR 351.213(d)(1). See Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Partial Rescission of the 2006/2007 
Antidumping Duty Administrative Review, 72 FR 46955 (August 22, 2007). 
Accordingly, the following companies remain subject to this 
administrative review: Allied Pacific (H.K.) Co. Ltd. (``Allied 
H.K.''), Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd. 
(``Allied Zhanjiang''), Allied Pacific Food (Dalian) Co., Ltd. 
(``Allied Dalian''), Asian Seafoods (Zhanjiang) Co., Ltd. (``Asian 
Seafoods''), Guolian Aquatic Products (``Guolian Aquatic''), Hai Li 
Aquatic Co., Ltd. Zhao An, Fujian (also known as Haili Aquatic Co., 
Ltd. Zhaoan Fujian) (``Hai Li''), King Royal Investment Ltd. (``King 
Royal''), Yelin Enterprise Co, Ltd. Hong Kong (``Yelin''), Zhanjiang 
Allied Pacific Aquaculture Co., Ltd. (``Zhanjiang Aquaculture''), and 
Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd. 
(``Zhanjiang Evergreen'').

Rescission of Review

    On April 20, 2007, the Department received a certification of no 
shipments and request to rescind the review with respect to Yelin, from 
its successor-in-interest, Hilltop International. On April 23, 2007, 
the Department received certifications of no shipments and requests to 
rescind the review with respect to Hai Li and Asian Seafoods. Also on 
April 23, 2007, the Department received a certification of no shipments 
and request to rescind the review from the director of Allied H.K., on 
behalf of Allied H.K., Allied Zhanjiang, Allied Dalian, King Royal, and 
Zhanjiang Aquaculture (collectively, ``Allied Group''). For each 
company that reported no shipments, the Department conducted an 
internal U.S. Customs and Border Protection (``CBP'') data query, which 
demonstrated that the company had no entries. Therefore, pursuant to 19 
C.F.R. 351.213(d)(3), the Department is rescinding its administrative 
review with respect to Yelin, Hai Li, Asian Seafoods and the Allied 
Group, since there were no POR entries of subject merchandise to 
review.
    With respect to the administrative review of Guolian Aquatic, which 
was requested by the LSA, the LSA stated in its April 27, 2007, 
submission to the Department that this company is the same company as 
Zhanjiang Guolian Aquatic Products Co., Ltd. (``Zhanjiang Guolian''). 
Moreover, in its April 23, 2007, submission to the Department, 
Zhanjiang Guolian stated that Guolian Aquatic is the same company as 
Zhanjiang Guolian. Zhanjiang Guolian is excluded from the antidumping 
duty order on shrimp from the People's Republic of China (``PRC''). 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). Thus, as no 
interested party contests that Guolian Aquatic and Zhanjiang Guolian 
are the same entity, and Zhanjiang Guolian is excluded from the 
antidumping duty order, we are rescinding the administrative review of 
Guolian Aquatic.
    With respect to Zhanjiang Evergreen, information contained in its 
August 17, 2007, submission to the Department demonstrates that it did 
not make any entries of subject merchandise into the United States 
during the POR. We note that: ``{i{time} t is the Department's 
consistent, long-standing practice, supported by substantial precedent, 
to require that there be entries during the POR upon which to assess 
antidumping duties, irrespective of the export-price or constructed 
export-price designation of the U.S. sales.'' See Certain Corrosion-
Resistant Carbon Steel Flat Products from France: Notice of Rescission 
of Antidumping Duty Administrative Review, 71 FR 16553 (April 3, 2006). 
The Department conducted an internal CBP data query, which demonstrated 
that Zhanjiang Evergreen had no entries. Therefore, as Zhanjiang 
Evergreen reported that it did not have entries during the POR, in 
accordance with 19 C.F.R. 351.213(d)(3), the Department is rescinding 
its review of Zhanjiang Evergreen. As no other companies remain subject 
to the administrative review of certain frozen warmwater shrimp from 
the PRC for this POR, the review is rescinded in its entirety.

Assessment Rates

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For those companies for which this review has 
been rescinded, antidumping duties shall be assessed 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 will issue appropriate 
assessment instructions directly to CBP after 15 days of publication of 
this notice.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
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 Secretary's 
presumption that reimbursement of the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 section 
777(I)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: October 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E7-21531 Filed 10-31-07; 8:45 am]
BILLING CODE 3510-DS-S