[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15696-15699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Preliminary Results of Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp (``shrimp'') from the People's Republic of China 
(``PRC''), covering the period of review (``POR'') from February 1, 
2011, through January 31, 2012. As discussed below, the Department 
preliminarily determines that Zhanjiang Regal Integrated Marine 
Resources Co., Ltd. (``Regal'') did not make sales in the United States 
at prices below normal value (``NV'') during the POR. Additionally, the 
Department preliminarily determines that Hilltop International 
(``Hilltop'') failed to cooperate to the best of its ability in this 
review. The Department is finding Hilltop to be part of the PRC-wide 
entity to which we are applying adverse facts available (``AFA'') as 
discussed below.

DATES: Effective Date: March 12, 2013.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-7906 or (202) 
482-5260 respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\1\ The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21,

[[Page 15697]]

0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 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, available in 
Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China, Thailand, and the Socialist Republic of Vietnam: 
Amended Antidumping Duty Orders in Accordance with Final Court 
Decision, 76 FR 23277 (April 26, 2011), remains dispositive.
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    \1\ See the Decision Memorandum for Preliminary Results for the 
Antidumping Duty Administrative Review of Warmwater Shrimp from the 
People's Republic of China,'' (``Preliminary Decision Memorandum'') 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, dated concurrently with these results, 
for a complete description of the Scope of the Order.
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PRC-Wide Entity

    During the review, Hilltop notified the Department that it declined 
to answer further requests for information in this proceeding.\2\ 
Accordingly, the Department will preliminarily treat Hilltop as part of 
the PRC-wide entity. Because the PRC-wide entity, which includes 
Hilltop, failed to cooperate by not acting to the best of its ability 
in this review, we are preliminarily applying adverse facts available 
(``AFA'') to the PRC-wide entity, in accordance with sections 776(a) 
and (b) of the Tariff Act of 1930, as amended (the ``Act'').\3\
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    \2\ See Hilltop's October 3, 2012, submission, Re: Further 
Information Requests for Hilltop International in the Seventh 
Administrative Review of Certain Frozen Warmwater Shrimp from the 
People's Republic of China, Case No. A-570-893.
    \3\ See Preliminary Decision Memorandum, at 6.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Because the PRC is a nonmarket 
economy within the meaning of section 771(18) of the Act, normal value 
has been calculated in accordance with section 773(c) of the Act. For a 
full description of the methodology underlying our conclusions, please 
see the Preliminary Decision Memorandum, dated concurrently with these 
results and hereby adopted by this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (``CRU''), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Shipments

    On April 18, 2012, the Department received a ``no shipment 
certification'' \4\ from Allied Pacific Food (Dalian) Co., Ltd. and 
Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd. (collectively 
``Allied Pacific Group'').\5\ On March 28, 2012, the Department 
received a properly filed ``no shipment certification'' \6\ from 
Shantou Yuexing Enterprise Company (``SYEC''). In its certification, 
SYEC also requested that the Department rescind the review with respect 
to SYEC, pursuant to 19 CFR 351.213(d)(3).\7\ On April 6, 2012, the 
Department received a properly filed ``no shipment certification'' from 
Rizhao Smart Foods Co., Ltd. (``Smart Foods'') \8\
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    \4\ Companies have the opportunity to submit statements 
certifying that they did not enter, export or sell subject 
merchandise to the United States during the POR.
    \5\ See Letter from Allied Pacific Group, No Shipment 
Certificate, dated April 18, 2012.
    \6\ Companies have the opportunity to submit statements 
certifying that they did not enter, export or sell subject 
merchandise to the United States during the POR.
    \7\ See Letter from Shantou Yuexing regarding Request for 
Rescinding an Administrative Review dated March 28, 2012.
    \8\ See Letter from Smart Foods, dated April 6, 2012.
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    On April 20, 2012, the Department sent inquiries to U.S. Customs 
and Border Protection (``CBP'') to determine whether CBP entry data is 
consistent with SYEC's and Allied Pacific Group's no shipments 
certifications and received no information contrary to that statement. 
On February 5, 2013, the Department sent an inquiry to CBP to determine 
whether CBP entry data consistent with Smart Foods no shipment 
certification and received no information contrary to that statement. 
As CBP only responds to the Department's inquiry when there are records 
of shipments from the company in question \9\ and no party submitted 
comments, we preliminarily determine that SYEC, Allied Pacific Group, 
and Smart Foods had no shipments during the POR.
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    \9\ See Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat 
Products From Brazil: Notice of Rescission of Antidumping Duty 
Administrative Review, 75 FR 65453, 65454 (October 25, 2010); 
Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: 
Notice of Intent to Rescind Administrative Review, 74 FR 3559, 3560 
(January 21, 2009); and Certain In-Shell Raw Pistachios from Iran: 
Rescission of Antidumping Duty Administrative Review, 73 FR 9292, 
9293 (February 20, 2008).
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    Based on SYEC's, Allied Pacific Group's and Smart Foods' 
certifications and our analysis of CBP information, we preliminarily 
determine that SYEC, Allied Pacific Group, and Smart Foods did not have 
any reviewable transactions during the POR. In addition, the Department 
finds that consistent with its recently announced refinement to its 
assessment practice in NME cases, it is appropriate not to rescind the 
review in part in this circumstance but, rather, to complete the review 
with respect to SYEC, Allied Pacific Group, and Smart Food and issue 
appropriate instructions to CBP based on the final results of the 
review.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section, below.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist.

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Zhanjiang Regal Integrated Marine Resources Co., Ltd.......         0.00
PRC-Wide Entity (which includes Hilltop International)\11\.       112.81
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Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. Interested parties, who wish to request a hearing, or 
to participate if one is requested, must submit a written request to 
the Assistant Secretary for Import Administration, U.S. Department of 
Commerce, filed electronically using Import Administration's IA ACCESS. 
An electronically filed document must be received successfully in its 
entirety by Import Administration's IA ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\12\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, the Department will 
inform parties of the scheduled date for the hearing which will be held 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined. 
Parties should confirm by telephone the

[[Page 15698]]

date, time, and location of the hearing. Interested parties are invited 
to comment on the preliminary results of this review.
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    \11\ The Department preliminarily determines that 70 PRC 
exporters have not demonstrated their eligibility for separate rate 
status. See Appendix 1 and Preliminary Decision Memorandum, at 6.
    \12\ See 19 CFR 351.310(c).
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    Because, as noted below, the Department may verify the information 
upon which we will rely in making our final determination, the 
Department will establish the briefing schedule at a later time, and 
will notify parties of the schedule in accordance with 19 CFR 351.309. 
Interested parties may file rebuttal briefs, limited to issues raised 
in the case briefs.\13\ The Department will consider rebuttal briefs 
filed not later than five days after the time limit for filing case 
briefs. Parties who submit arguments are requested to submit with each 
argument a statement of the issue, a brief summary of the argument, and 
a table of authorities cited. The Department intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised in the written comments, within 120 days of 
publication of these preliminary results in the Federal Register.
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    \13\ See 19 CFR 351.309(d).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication of the final results 
of this review. For any individually examined respondent whose weighted 
average dumping margin is above de minimis (i.e., 0.50 percent) in the 
final results of this review, the Department will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales and the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). In 
these preliminary results, the Department applied the assessment rate 
calculation method adopted in Final Modification for Reviews,\14\ i.e., 
on the basis of monthly average-to-average comparisons using only the 
transactions associated with that importer with offsets being provided 
for non-dumped comparisons. Where an importer- (or customer-) specific 
ad valorem rate is greater than de minimis, the Department will 
instruct CBP to collect the appropriate duties at the time of 
liquidation.\15\ Where an importer- (or customer-) specific ad valorem 
is zero or de minimis, the Department will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\16\
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification for Reviews'').
    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.106(c)(2).
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    The Department recently announced a refinement to its assessment 
practice in NME antidumping duty cases. Pursuant to this refinement in 
practice, for merchandise that was not reported in the U.S. sales 
databases submitted by an exporter individually examined during this 
review, but that entered under the case number of that exporter (i.e., 
at the individually-examined exporter's cash deposit rate), the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. Additionally, pursuant to this recently announced refinement, if 
the Department determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number will be liquidated at the 
PRC-wide rate.\17\
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    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the companies 
listed above, which has a separate rate, the cash deposit rate will be 
that established in the final results of this review (except, if the 
rate is zero or de minimis, then zero cash deposit will be required); 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Post-Preliminary Results

    As further explained in the Preliminary Decision Memorandum, Regal 
has requested a company-specific revocation pursuant to 19 CFR 
351.222.\18\ The Department is currently analyzing Regal's request and 
intends to issue post-preliminary results regarding Regal's revocation 
request. Additionally, on May 11, 2012, Zhanjiang Newpro Foods Co., 
Ltd. (``Newpro'') submitted a timely separate rate application.\19\ 
When the Department originally reviewed the separate rate application 
it inadvertently overlooked information regarding the entry 
documentation. Upon a recent further examination of the separate rate 
application, the Department discovered a discrepancy that required the 
Department to request further information from Newpro to determine the 
appropriateness of granting Newpro a separate rate.\20\ Until the 
Department has fully analyzed the recently requested information the 
Department is unable to make a determination regarding whether it is 
appropriate to grant Newpro a separate rate. Due to the close proximity 
to the preliminary results, we are unable to take Newpro's response 
into consideration for the preliminary results. Newpro's response will 
be taken into consideration for the post-preliminary results. Because 
the Department cannot determine Newpro's eligibility for a separate 
rate for these preliminary results, pending the post-preliminary 
results, Newpro will remain part of the PRC-wide entity, its status 
before the filing of this separate rate application in this review.
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    \18\ See Regal's Request for Administrative Review and 
Revocation, dated February 28, 2012, at 2-3. See also Regal's 4th 
Supplemental Questionnaire Response, dated December 7, 2012, at 1.
    \19\ See Newpro's Separate Rate Application filed May 11, 2012 
(``Newpro SRA'').
    \20\ See letter from Catherine Bertrand, to Zhanjiang Newpro 
Foods Co., Ltd. (``Newpro''), Re: Certain Warmwater Shrimp from the 
People's Republic of China (``PRC''), dated February 13, 2013.
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Notification to Importers

    This notice also serves as a preliminary 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is being issued and published in accordance with

[[Page 15699]]

sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix 1

    Aside from Hilltop, the companies that are not eligible for a 
separate rate and are part of the PRC-wide entity include:
    1. Aqua Foods (Qingdao) Co., Ltd.
    2. Asian Seafoods (Zhanjiang) Co., Ltd.
    3. Beihai Evergreen Aquatic Product Science And Technology Co 
Ltd
    4. Dalian Hualian Foods Co., Ltd.
    5. Dalian Shanhai Seafood Co., Ltd.
    6. Dalian Taiyang Aquatic Products Co., Ltd.
    7. Dalian Z&H Seafood Co., Ltd.
    8. Fujian Chaohui International Trading
    9. Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
    10. Fujian Rongjiang Import and Export Corp.
    11. Fuqing Minhua Trade Co., Ltd
    12. Fuqing Yihua Aquatic Food Co., Ltd.
    13. Fuqing Yiyuan Trading Co., Ltd.
    14. Guangdong Jiahuang Foods Co., Ltd.
    15. Guangdong Jinhang Foods Co., Ltd.
    16. Guangdong Shunxin Sea Fishery Co. Ltd.
    17. Guangdong Wanya Foods Fty. Co., Ltd.
    18. Hai Li Aquatic Co., Ltd.
    19. Hainan Brich Aquatic Products Co., Ltd.
    20. Hainan Hailisheng Food Co., Ltd.
    21. Hainan Xiangtai Fishery Co., Ltd.
    22. Haizhou Aquatic Products Co., Ltd.
    23. Hua Yang (Dalian) International Transportation Service Co.
    24. Kingston Foods Corporation
    25. Maoming Xinzhou Seafood Co., Ltd.
    26. Ocean Duke Corporation
    27. Olanya (Germany) Ltd.
    28. Qingdao Yuanqiang Foods Co., Ltd.
    29. Rizhao Xinghe Foodstuff Co., Ltd.
    30. Rui'an Huasheng Aquatic Products Processing Factory
    31. Savvy Seafood Inc.
    32. Sea Trade International Inc.
    33. Shandong Meijia Group Co., Ltd.
    34. Shanghai Linghai Fisheries Trading Co. Ltd.
    35. Shanghai Lingpu Aquatic Products Co.
    36. Shanghai Smiling Food Co., Ltd.
    37. Shanghai Zhoulian Foods Co., Ltd.
    38. Shantou Jiazhou Foods Industry
    39. Shantou Jin Cheng Food Co., Ltd.
    40. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
    41. Shantou Ruiyuan Industry Company Ltd.
    42. Shantou Wanya Foods Fty. Co., Ltd.
    43. Shenzen Allied Aquatic Produce Development Ltd.
    44. Shenzhen Yudayuan Trade Ltd.
    45. Thai Royal Frozen Food Zhanjiang Co., Ltd.
    46. Xiamen Granda Import & Export Co., Ltd.
    47. Yancheng Hi-king Agriculture Developing Co., Ltd.
    48. Yanfeng Aquatic Product Foodstuff
    49. Yangjiang Anyang Food Co., Ltd.
    50. Yangjiang City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd.
    51. Yangjiang Wanshida Seafood Co., Ltd.
    52. Yelin Enterprise Co., Ltd.
    53. Zhangzhou Xinwanya Aquatic Product
    54. Zhangzhou Yanfeng Aquatic Product
    55. Zhanjiang Evergreen Aquatic Product Science and Technology 
Co., Ltd.
    56. Zhanjiang Fuchang Aquatic Products Co., Ltd.
    57. Zhanjiang Go Harvest Aquatic Products Co., Ltd.
    58. Zhanjiang Haizhou Aquatic Product Co. Ltd.
    59. Zhanjiang Hengrun Aquatic Co, Ltd.
    60. Zhanjiang Jinguo Marine Foods Co., Ltd.
    61. Zhanjiang Join Wealth Aquatic Products Co., Ltd.
    62. Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
    63. Zhanjiang Newpro Foods Co., Ltd.
    64. Zhanjiang Rainbow Aquatic Development
    65. Zhanjiang Universal Seafood Corp.
    66. Zhejiang Daishan Baofa Aquatic Products Co., Ltd.
    67. Zhejiang Xinwang Foodstuffs Ltd.
    68. Zhejiang Zhoufu Food Co., Ltd.
    69. Zhoushan Corporation
    70. Zhoushan Haiwang Seafood Co., Ltd.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum:

    1. Background.
    2. Respondent Selection.
    3. Questionnaires.
    4. Scope of the Order.
    5. Separate Rates.
    6. PRC-Wide Entity.
    7. Use of Facts Available and AFA.
    8. Application of Total AFA to the PRC-Wide Entity.
    9. Selection of AFA Rate.
    10. Corroboration of Secondary Information.
    11. Rate for Non-Selected Companies.
    12. Preliminary Determination of No Shipments.
    13. Non-Market Economy Country.
    14. Surrogate Country and Surrogate Value Data.
    15. Surrogate Country.
    16. Economic Comparability.
    17. Significant Producers of Comparable Merchandise.
    18. Data Availability.
    19. Date of Sale.
    20. Targeted Dumping.
    21. Results of Targeted Dumping Analysis.
    22. Fair Value Comparisons.
    23. Export Price.
    24. Normal Value.
    25. Factor Valuations.
    26. Currency Conversion.
    27. Regal Revocation Request.

[FR Doc. 2013-05667 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P