[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77610-77612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30269]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-533-840)
Certain Frozen Warmwater Shrimp from India: Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the
administrative review of the antidumping duty order on certain frozen
warmwater shrimp from India for the period February 1, 2007, through
January 31, 2008, for 166 companies, based on: 1) timely withdrawals of
the review requests; 2) confirmed statements of no shipments during the
period of review (POR); 3) a mistaken initiation; and 4) multiple
addresses.
EFFECTIVE DATE: December 19, 2008.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2008, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping duty order on certain frozen warmwater shrimp from
India for the period February 1, 2007, through January 31, 2008. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 73 FR 6477
(Feb. 4, 2008). Between February 22, 2008, and February 29, 2008, in
accordance with 19 CFR 351.213(b)(2), certain Indian producers and
exporters requested a review of this antidumping duty order. In
addition, on February 29, 2008, the petitioner\1\ also requested an
administrative review for numerous Indian exporters of subject
merchandise, and the Louisiana Shrimp Association requested an
administrative review for two Indian producers/exporters of subject
merchandise, in accordance with 19 CFR 351.213(b)(1).
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\1\ The petitioner in this proceeding is the Ad Hoc Shrimp Trade
Action Committee.
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In April 2008, the Department initiated an administrative review
for 336 companies. These companies are listed in the Department's
notice of initiation. See Certain Frozen Warmwater Shrimp from Brazil,
Ecuador, India and Thailand: Notice of Initiation of Administrative
Reviews, 73 FR 18754, 18757-18762 (Apr. 7, 2008) (Notice of
Initiation).
In April and May 2008, the Department received statements from 18
companies that indicated that they had no shipments of subject
merchandise to the United States during the POR. Also, the Department
received clarified information regarding mailing addresses for several
companies.
On July 7, 2008, in accordance with 19 CFR 351.213(d)(1), the
petitioner withdrew its request for review for 144 companies.
On October 16, 2008, the Department issued a memorandum indicating
that it intended to rescind the administrative review with respect to
166 respondent companies, and it invited comments on this action from
interested parties. See the October 16, 2008 memorandum to the file
from Elizabeth Eastwood, titled ``Intent to Rescind in Part the 2007-
2008 Antidumping Duty Administrative Review on Frozen Warmwater Shrimp
from India'' (Intent to Rescind Memorandum). On October 23, 2008, and
November 6, 2008, the Department received comments from 32 U.S.
producers opposing the rescission with respect to the 144 companies for
which the petitioner withdrew its review request. On October 30, 2008,
the petitioner responded to the comments filed on October 23, 2008.
Partial Rescission of Review
As noted above, the petitioner withdrew its requests for an
administrative review for each of the following companies within the
time limits set forth in 19 CFR 351.213(d)(1):
[[Page 77611]]
1) A.S. Marine Industries Pvt Ltd.
2) Adani Exports Ltd
3) Aditya Udyog
4) Agri Marine Exports Ltd.
5) AL Mustafa Exp & Imp
6) Alapatt Marine Exports
7) All Seas Marine P. Ltd.
8) Alsa Marine & Harvests Ltd.
9) Ameena Enterprises
10) Amison Foods Ltd.
11) Amison Seafoods Ltd.
12) Anjani Marine Traders
13) Aqua Star Marine Foods
14) Arsha Seafood Exports Pvt. Ltd.
15) ASF Seafoods
16) Ashwini Frozen Foods
17) Aswin Associates
18) Baby Marine (Eastern) Exports
19) Baby Marine Exports
20) Baby Marine Products
21) Balaji Seafood Exports I Ltd.
22) Baraka Overseas Traders
23) Bell Foods (Marine Division)
24) Bharat Seafoods
25) Bhisti Exports
26) Bilal Fish Suppliers
27) Capital Freezing Complex
28) Cham Exports Ltd.
29) Cham Ocean Treasures Co., Ltd.
30) Cham Trading Organization
31) Chand International
32) Cherukattu Industries (Marine Div.)
33) Danda Fisheries
34) Dariapur Aquatic Pvt. Ltd.
35) Deepmala Marine Exports
36) Dhanamjaya Impex P. Ltd.
37) Dorothy Foods
38) El-Te Marine Products
39) Excel Ice Services/Chirag Int'l
40) Firoz & Company
41) Freeze Engineering Industries (Pvt. Ltd.)
42) Gajula Exim P. Ltd.
43) Gausia Cold Storage P. Ltd.
44) Global Sea Foods & Hotel Ltd.
45) Goan Bounty
46) Gold Farm Foods (P) Ltd.
47) Golden Star Cold Storage
48) Gopal Seafoods
49) Gtc Global Ltd.
50) HA & R Enterprises
51) Hanswati Exports P. Ltd.
52) HMG Industries Ltd.
53) Honest Frozen Food Company
54) India CMS Adani Exports
55) India Seafoods
56) Indian Seafood Corporation
57) Interfish
58) InterSea Exports Corporation
59) J R K Seafoods Pvt. Ltd.
60) Kadalkanny Frozen Foods
61) Kaushalya Aqua Marine Product Exports Pvt. Ltd.
62) Keshodwala Foods
63) Key Foods
64) King Fish Industries
65) Konkan Fisheries Pvt. Ltd.
66) Lakshmi Marine Products
67) Lansea Foods Pvt. Ltd.
68) Laxmi Narayan Exports
69) Lotus Sea Farms
70) M K Exports
71) M. R. H. Trading Company
72) Malabar Marine Exports
73) Mamta Cold Storage
74) Marina Marine Exports
75) Marine Food Packers
76) Miki Exports International
77) Mumbai Kamgar MGSM Ltd.
78) Naik Ice & Cold Storage
79) Nas Fisheries Pvt. Ltd.
80) National Seafoods Company
81) National Steel
82) National Steel & Agro Ind.
83) N.C. Das & Company
84) New Royal Frozen Foods
85) Noble Aqua Pvt. Ltd.
86) Nsil Exports
87) Omsons Marines Ltd.
88) Padmaja Exports
89) Partytime Ice Pvt. Ltd.
90) Philips Foods India Pvt. Ltd.
91) Premier Exports International
92) Premier Marine Foods
93) R K Ice & Cold Storage
94) Rahul Foods (GOA)
95) Rahul International
96) Raj International
97) Ramalmgeswara Proteins & Foods Ltd.
98) Rameshwar Cold Storage
99) Ravi Frozen Foods Ltd.
100) Regent Marine Industries
101) Relish Foods
102) R F. Exports
103) Royal Link Exports
104) Rubian Exports
105) Ruby Marine Foods
106) Ruchi Worldwide
107) S K Exports (P) Ltd.
108) SS International
109) Sabri Food Products
110) Sagar Samrat Seafoods
111) Salet Seafoods Pvt Ltd.
112) Samrat Middle East Exports (P) Ltd.
113) Sarveshwari Ice & Cold Storage P Ltd.
114) Satyam Marine Exports
115) Sea Rose Marines (P) Ltd.
116) Sealand Fisheries Ltd.
117) Seaperl Industries
118) Sharat Industries Ltd.
119) Shimpo Exports
120) Shipper Exporter National Steel
121) Siddiq Seafoods
122) Skyfish
123) SLS Exports Pvt. Ltd.
124) Sonia Fisheries
125) Sourab
126) Sreevas Export Enterprises
127) Sri Sidhi Freezers & Exporters Pvt. Ltd.
128) Star Fish Exports
129) Supreme Exports
130) The Canning Industries (Cochin) Ltd.
131) Tony Harris Seafoods Ltd.
132) Tri-Tee Seafood Company
133) Tri Marine Foods Pvt. Ltd.
134) Trinity Exports
135) Ulka Seafoods (P) Ltd.
136) Uniroyal Marine Exports Ltd.
137) Upasana Exports
138) V Marine Exports
139) Vaibhav Sea Foods
140) Varnita Cold Storage
141) Veraval Marines & Chemicals P Ltd.
142) Vijayalaxmi Seafoods
143) Winner Seafoods
144) Z A Food Products
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review if a party that requested a review withdraws the
request within 90 days of the date of publication of the notice of
initiation. Therefore, because all requests for administrative reviews
were timely withdrawn for 143 of the companies listed above, in
accordance with 19 CFR 351.213(d)(1), we are rescinding this review
with regard to these companies. However, with regard to the 144th
company, Kadalkanny Frozen Foods, the review cannot be rescinded
because there is an outstanding request for review for this company,
which was submitted by the company itself.
In addition, in accordance with 19 CFR 351.213(d)(3), we are
rescinding the review with respect to the following 14 companies
because these companies reported no shipments of subject merchandise
during the POR:
1) Capithan Exporting Co.
2) Cochin Frozen Foods Export Pvt. Ltd.
3) C P Aquaculture (India) Ltd.
4) G. KS Business Associates Pvt. Ltd.
5) K V Marine Exports
6) L.G Seafoods
7) Lewis Natural Foods Ltd.
8) Lourde Exports
9) Meenaxi Fisheries Pvt. Ltd.
10) Naik Seafoods Ltd.
11) Sanchita Marine Products P Ltd.
12) Sterling Foods
13) Triveni Fisheries P Ltd.
14) Varnita Cold Storage
We reviewed U.S. Customs and Border Protection (CBP) data and
confirmed that there were no entries of subject merchandise from any of
these companies. Consequently, in accordance with 19 CFR 351.213(d)(3)
and consistent with our practice, we are rescinding our review for the
companies listed above. See, e.g., Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results and Rescission of Antidumping Duty
Administrative
[[Page 77612]]
Review in Part, 71 FR 65082, 65083 (Nov. 7, 2006) (Rebar from Turkey);
see also Certain Frozen Warmwater Shrimp From India; Partial Rescission
of Antidumping Duty Administrative Review, 71 FR 41419 (July 21, 2006).
The Department also initiated separate administrative reviews for
the following companies with the same name but different addresses: 1)
Apex Exports; 2) Choice Trading Corporation Pvt. Ltd.; 3) IFB Agro
Industries Limited; 4) Kings Marine Products; 5) K V Marine Exports; 6)
Navayuga Exports Ltd.; 7) Sai Marine Exports Pvt. Ltd.; and 8) Selvam
Exports Private Limited. Specifically, these are companies for which we
initiated multiple administrative reviews because the petitioner and/or
the respondent listed separate addresses for the same companies in
their review requests. See Notice of Initiation, 73 FR at 18757-18762.
The Department sent out letters asking for clarification of the
multiple addresses and same company names. We received responses from
the companies verifying the correct address and that the company is the
same. Therefore, we are rescinding the review with respect to these
duplicate company addresses.
Finally, in the Notice of Initiation, the Department mistakenly
included Royal Cold Storage India P Ltd. in the list of companies for
which the review was initiated, in addition to the list of companies
for which the review was not initiated. See Notice of Initiation, 73 FR
at 18760, 18765. We are clarifying that the Department has not
initiated an administrative review with respect to Royal Cold Storage
India P Ltd. Id., 73 FR at 18765.
On October 23, 2008, the Department received comments from 32 U.S.
producers regarding the Department's Intent to Rescind Memorandum. In
these comments, the U.S. producers objected to the petitioner's July 7,
2008, filing withdrawing its request for administrative reviews for
certain Indian producers/exporters because: 1) these domestic
producers, three of which were previously part of the Ad Hoc Shrimp
Trade Action Committee, have retained their own counsel; and 2) as a
result, the Ad Hoc Shrimp Trade Action Committee no longer represents
the majority of the U.S. domestic industry. Thus, the U.S. producers
requested that the Department not rescind the administrative reviews
for the companies for which the petitioner withdrew its request. On
October 30, 2008, the petitioner responded to the U.S. producers'
comments by stating that all of its actions in the review were taken on
behalf of the Ad Hoc Shrimp Trade Action Committee as a corporate
entity, not on behalf of the individual members. Thus, it urged the
Department to disregard the U.S. producers' request.
After considering the U.S. producers' October 23, 2008 submission,
we disagree with the arguments made by these companies. The request for
administrative review at issue was made by the Ad Hoc Shrimp Trade
Action Committee, which is an interested party to this proceeding under
section 771(9)(E) of the Tariff Act of 1930, as amended (the Act)
(i.e., the subsection applicable to trade associations). Contrary to
the U.S. producers' assertions, this section of the Act does not
require a trade association to represent a majority of the industry
producing the domestic like product, but rather it merely requires a
majority of the association's members to manufacture, produce, or
wholesale a domestic like product in the United States. Further, 19 CFR
351.213(b)(1) does not require that a domestic interested party
represent the majority of the domestic industry before it may request a
review. In this case, both the administrative review requests and the
corresponding withdrawal of certain of these requests were made on
behalf of the Ad Hoc Shrimp Trade Action Committee, not the individual
members of this group. Consequently, because the U.S. producers
involved in the October 23, 2008, filing did not request any
administrative reviews in this segment of the proceeding, we find that
their objection to the petitioner's withdrawal of its request for
administrative reviews of certain Indian producers/exporters does not
provide a basis for the Department to maintain the review request for
these companies.
Assessment
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of this partial rescission of
administrative review. The Department will direct CBP to assess
antidumping duties at the cash deposit rate in effect on the date of
entry for POR entries of the subject merchandise produced/exported by
the companies for which we are rescinding the review based on the
timely withdrawal of review requests.
With respect to POR entries of subject merchandise produced by
companies for which we are rescinding the review based on
certifications of no shipments, because these companies certified that
they made no POR shipments of subject merchandise for which they had
knowledge of U.S. destination, we will instruct CBP to liquidate these
entries at the all-others rate established in the less-than-fair-value
investigation if there is no rate for the intermediary (e.g., a
reseller, trading company, or exporter) involved in the transaction.
See Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Notification to Importers
This notice serves as a reminder to importers for whom this review
is being rescinded, of their responsibility under 19 CFR 351.402(f) to
file a certificate regarding 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 antidumping duties occurred and the
subsequent assessment of double antidumping duties.
This notice is published in accordance with section 777(i) of the
Act and 19 CFR 351.213(d)(4).
Dated: December 12, 2008.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping and Countervailing Duty
Operations.
[FR Doc. E8-30269 Filed 12-18-08; 8:45 am]
Billing Code: 3510-DS-S