[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46565-46568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21904]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Third Administrative Review of Frozen Warmwater Shrimp From the 
People's Republic of China: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 9, 2009, the Department of Commerce (the

[[Page 46566]]

``Department'') published in the Federal Register the Preliminary 
Results of the third administrative review of the antidumping duty 
order on certain frozen warmwater shrimp from the People's Republic of 
China (``PRC'').\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for the final results. We continue to find that certain 
exporters have sold subject merchandise at less than normal value 
during the period of review (``POR''), February 1, 2007, through 
January 31, 2008.
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    \1\ See Third Administrative Review of Frozen Warmwater Shrimp 
from the People's Republic of China: Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review, 74 FR 10026 
(March 9, 2009) (``Preliminary Results'').

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DATES: Effective Date: September 10, 2009.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION: 

Background

    On April 7, 2008, the Department initiated an administrative review 
of 482 producers/exporters of subject merchandise from the PRC.\2\ In 
the Preliminary Results the Department rescinded the review with 
respect to Yelin Enterprise Co., Ltd. Hong Kong (the predecessor in 
interest to Hilltop International), Yangjiang City Yelin Hoitat Quick 
Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd. and 
Fuqing Minhua Trade Co., Ltd. (collectively named ``Yelin/Hilltop''), 
in accordance with 19 CFR 351.213(d)(1), because of timely withdrawals 
of requests for review. Also, in the Preliminary Results the Department 
preliminarily rescinded the review with respect to 11 companies which 
submitted no shipment certifications: Allied Pacific Group (comprised 
of Allied Pacific Food (Dalian) Co., Ltd.; Allied Pacific Aquatic 
Products (Zhanjiang) Co., Ltd.; \3\ Zhanjiang Allied Pacific 
Aquaculture Co., Ltd.; Allied Pacific (H.K.) Co., Ltd.; and King Royal 
Investments Ltd.); Gallant Ocean (Nanhai), Ltd.; Luk Ka Paper 
Industrial Ltd.; Shantou Yelin Frozen Seafood Co., Ltd.; and Shantou 
Yuexing Enterprise Company. Thus, 466 companies remain subject to this 
review.
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    \2\ See notice of Initiation of Administrative Reviews of the 
Antidumping Duty Orders on Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam and the People's Republic of China, 73 
FR 18739 (April 7, 2008) for a listing of these companies.
    \3\ The Department in its initiation notice included ``Allied 
Pacific Aquatic Products (Zhangjiang) Co., Ltd.'' due to the 
Petitioners' misspelling of the company's name in its review 
request. See Letter from Dewey & LeBouef to the Secretary of 
Commerce, ``Request for Administrative Reviews,'' (Feb. 29, 2008). 
In its April 17, 2008, letter, Allied Pacific Aquatic Products 
(Zhanjiang) Co., Ltd. clarified the correct spelling of its name. 
See Letter from Trade Pacific to the Secretary of Commerce, ``Frozen 
Warmwater Shrimp from the People's Republic of China.'' The 
Department notes that the review is preliminarily rescinded for both 
the proper name and the misspelled name of this company.
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    As noted above, on March 9, 2009, the Department published the 
Preliminary Results of this administrative review.\4\ On March 25, 
2009, the Petitioners \5\ submitted additional surrogate value 
information. On March 30, 2009, Domestic Interested Parties \6\ 
submitted additional surrogate value information. On April 2, 2009, 
Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'') 
submitted additional surrogate value information.
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    \4\ See Preliminary Results.
    \5\ The petitioners are the members of the Ad Hoc Shrimp Trade 
Action Committee (hereinafter referred to as ``Petitioners'').
    \6\ These domestic parties are the American Shrimp Processors 
Association and Louisiana Shrimp Association (hereinafter referred 
to as ``DIP'').
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    On April 3, 2009, we extended the deadline for parties to submit 
the case briefs and rebuttal briefs to April 8, 2009 and April 17, 
2009, respectively. On April 8, 2009, the Petitioners, DIP and Regal 
filed case briefs. On April 17, 2009, the Petitioners and DIP filed 
rebuttal briefs.
    On June 4, 2009, the Department extended the deadline for the 
completion of the final results of this review until July 28, 2009.\7\ 
On July 22, 2009, the Department extended the deadline for the 
completion of the final results of this review until August 28, 
2009.\8\
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    \7\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China and the Socialist Republic of Vietnam: Notice of 
Extension of Time Limit for the Final Results of the Third 
Administrative Reviews, 74 FR 26839 (June 4, 2009).
    \8\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China and the Socialist Republic of Vietnam: Notice of 
Extension of Time Limit for the Final Results of the Third 
Administrative Reviews, 74 FR 36164 (July 22, 2009).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Administrative Review of Frozen 
Warmwater Shrimp from the People's Republic of China: Issues and 
Decision Memorandum for the Final Results,'' which is dated 
concurrently with this notice (``I&D Memo''). A list of the issues 
which parties raised and to which we respond in the I&D Memo is 
attached to this notice as an Appendix. The I&D Memo is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 1117, and is accessible on the Department's Web 
site at http://www.trade.gov/ia. The paper copy and electronic version 
of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
Regal's margin calculation for the final results. For all changes to 
Regal's calculation, see I&D Memo and the company specific analysis 
memorandum.

Scope of the Order

    The scope of this order includes certain frozen warmwater shrimp 
and prawns, whether wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\9\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \9\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    The frozen warmwater shrimp and prawn products included in the 
scope of this investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTS''), are products 
which are processed from warmwater shrimp and prawns through freezing 
and which are sold in any count size.
    The products described above may be processed from any species of 
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally 
classified in, but are not limited to, the Penaeidae family. Some 
examples of the farmed and wild-caught warmwater species include, but 
are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn 
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river 
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), 
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp 
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern 
rough shrimp (Trachypenaeus curvirostris), southern white shrimp 
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white 
shrimp (Penaeus occidentalis),

[[Page 46567]]

and Indian white prawn (Penaeus indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of this investigation. In addition, 
food preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are also included in the 
scope of this investigation.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
subheading 1605.20.1020); (2) shrimp and prawns generally classified in 
the Pandalidae family and commonly referred to as coldwater shrimp, in 
any state of processing; (3) fresh shrimp and prawns whether shell-on 
or peeled (HTS subheadings 0306.23.0020 and 0306.23.0040); (4) shrimp 
and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried 
shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned warmwater 
shrimp and prawns (HTS subheading 1605.20.1040); (8) certain dusted 
shrimp; and (9) certain battered shrimp. Dusted shrimp is a shrimp-
based product: (1) That is produced from fresh (or thawed-from-frozen) 
and peeled shrimp; (2) to which a ``dusting'' layer of rice or wheat 
flour of at least 95 percent purity has been applied; (3) with the 
entire surface of the shrimp flesh thoroughly and evenly coated with 
the flour; (4) with the non-shrimp content of the end product 
constituting between four and 10 percent of the product's total weight 
after being dusted, but prior to being frozen; and (5) that is 
subjected to individually quick frozen (``IQF'') freezing immediately 
after application of the dusting layer. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of 
dusting above, is coated with a wet viscous layer containing egg and/or 
milk, and pan-fried.
    The products covered by this investigation are currently classified 
under the following HTS subheadings: 0306.13.0003, 0306.13.0006, 
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021, 
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and 
1605.20.1030. These HTS subheadings are provided for convenience and 
for customs purposes only and are not dispositive, but rather the 
written description of the scope of this investigation is dispositive.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to the following companies: Allied Pacific 
Group \10\; Gallant Ocean (Nanhai), Ltd.; Luk Ka Paper Industrial Ltd.; 
Shantou Yelin Frozen Seafood Co., Ltd.; and Shantou Yuexing Enterprise 
Company. These companies reported that they had no shipments of subject 
merchandise to the United States during the POR.
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    \10\ Allied Pacific Group is comprised of: Allied Pacific Food 
(Dalian) Co., Ltd.; Allied Pacific Aquatic Products (Zhanjiang) Co., 
Ltd.; Zhanjiang Allied Pacific Aquaculture Co., Ltd.; Allied Pacific 
(H.K.) Co., Ltd.; and King Royal Investments Ltd.
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    Subsequent to the Preliminary Results, no information was submitted 
on the record indicating that the above companies made sales to the 
United States of subject merchandise during the POR. Thus, in 
accordance with 19 CFR 351.213(d)(3), and consistent with our practice, 
we are rescinding this review with respect to the above-named companies 
for the period of February 1, 2007, through January 31, 2008.

Separate Rates

    In our Preliminary Results, we determined that Regal and Shantou 
Longsheng Aquatic Product Foodstuff Co., Ltd. (``Shantou Longsheng'') 
met the criteria for the application of a separate rate. We have not 
received any information since the issuance of the Preliminary Results 
that provides a basis for the reconsideration of these determinations. 
Therefore, the Department continues to find that Regal and Shantou 
Longsheng meet the criteria for a separate rate.

Facts Available

    Section 776(a)(2) of the Act provides that if an interested party: 
(A) Withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Furthermore, section 776(b) of the Act provides that, if the 
Department finds that an interested party ``has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information,'' the Department may use information that is adverse to 
the interests of that party as facts otherwise available. Adverse 
inferences are appropriate ``to ensure that the party does not obtain a 
more favorable result by failing to cooperate than if it had cooperated 
fully.'' See Statement of Administrative Action (``SAA'') accompanying 
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An 
adverse inference may include reliance on information derived from the 
petition, the final determination in the investigation, any previous 
review, or any other information placed on the record. See section 
776(b) of the Act.
    As noted in the Preliminary Results, the Department selected 
Zhanjiang Go-Harvest Aquatic Products Co., Ltd. (``Go-Harvest'') for 
individual examination in this review, however, Go-Harvest did not 
respond to any of the Department's requests for information.\11\ 
Because Go-Harvest did not respond to the Department's requests for 
information and failed to demonstrate that it qualifies for separate 
rate status, we consider Go-Harvest to be a part of the PRC-wide 
entity.\12\ Consequently, because the PRC-wide entity, including Go-
Harvest, withheld requested information, failed to provide information 
in a timely manner and in the form requested, and significantly impeded 
this proceeding, we found in the Preliminary Results that the PRC-wide 
entity, including Go-Harvest, failed to cooperate to the best of its 
ability and applied adverse facts otherwise available in order to 
determine a margin for the PRC-wide entity, pursuant to section 
776(a)(2)(A), (B), (C) and 776(b) of the Act.\13\
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    \11\ See Preliminary Results at 10026.
    \12\ Id.
    \13\ See e.g., Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying Issues and Decision Memorandum at Comment 1. See also 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Administrative Review and 
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to 
apply total AFA to the NME-wide entity unchanged in Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative Review and 
First New Shipper Review, 72 FR 52052 (September 12, 2007) (First 
Vietnamese Shrimp Review).
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    In the Initiation, we requested that all companies listed therein 
wishing to qualify for separate rate status in this administrative 
review submit, as appropriate, either a separate rate status 
application or certification.\14\ As noted above, the Department 
initiated this administrative review with respect to 482 companies, and 
in the Preliminary Results rescinded the review on five of those 482 
companies. Also as noted above, the Department is rescinding the review 
with respect to eleven other above-named companies due to the lack

[[Page 46568]]

of shipments during the POR. Thus, including Regal and Shantou 
Longsheng, 466 companies remain subject to this review. We note that no 
other company listed in the Initiation, including Go-Harvest, has 
demonstrated its eligibility for separate rate status in this 
administrative review. In the Preliminary Results, the Department 
determined that 464 companies which did not demonstrate eligibility for 
a separate rate are properly considered part of the PRC-Wide 
entity.\15\ Since the Preliminary Results, none of the 464 companies, 
including Go-Harvest submitted comments regarding these findings.
    Therefore, we continue to treat these entities as part of the PRC-
Wide entity.
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    \14\ See Initiation.
    \15\ See Preliminary Results at 10029.
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Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

                  Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
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Regal...................................................            9.08
Shantou Longsheng.......................................            9.08
PRC-Wide Entity \16\....................................          112.81
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\16\ The PRC-wide entity includes the 464 companies currently under
  review that have not established their entitlement to a separate rate,
  including Zhanjiang Go-Harvest Aquatic Products Co., Ltd. and Shantou
  Yuexing Enterprise Company.

Assessment

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. Pursuant 
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or 
customer) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in 
these final results of review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
112.81 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: August 28, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

Comment 1: Surrogate Country
Comment 2: Zeroing
Comment 3: Surrogate Values
    a. Purchased Ice
    b. Ocean Water
    c. Shrimp Feed
    d. Salt
    e. By-products
    f. Fertilizer
    g. Shrimp Larvae
Comment 4: Calculation of Surrogate Financial Ratios
    a. Interest
    b. Labor
    c. Depreciation
Comment 5: Calculation of Diesel Oil Consumption
Comment 6: Self-Made Ice
Comment 7: Assessment Rates to Account for Misclassified Entries
Comment 8: Selection of Respondents

[FR Doc. E9-21904 Filed 9-9-09; 8:45 am]
BILLING CODE 3510-DS-P