[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76106-76107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Notice of Final Reconsideration of Changed Circumstances Review

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant reconsideration of a completed 
changed circumstances review (``CCR'') of the antidumping duty order on 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC'') originally conducted in 2007.\1\ Based on evidence uncovered 
in the sixth administrative review (``AR6'') of this proceeding,\2\ we 
find the information submitted by Hilltop International (``Hilltop'') 
\3\ in this CCR contains material misrepresentations and, consequently, 
is unusable for any purposes. Accordingly, our original determination 
that Hilltop is the successor-in-interest to Yelin Enterprise Co. Hong 
Kong (``Yelin'') is reversed such that Hilltop should properly be 
considered part of the PRC-wide entity, absent a determination of its 
own rate separate from the PRC-wide entity.\4\
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    \1\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
    \2\ See Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results, Partial 
Rescission of Sixth Antidumping Duty Administrative Review and 
Determination Not To Revoke in Part, 77 FR 53856 (``PRC Shrimp AR6 
Final'').
    \3\ In the final results of the recently completed seventh 
administrative review, the Department noted that Hilltop, as in 
prior reviews, has reported that it is affiliated with Yangjiang 
City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua 
Aquatic Food Co., Ltd., Yelin Enterprise Co., Ltd., Ocean Beauty 
Corporation, Ever Hope International Co., Ltd., Ocean Duke 
Corporation and Kingston Foods Corporation. See Certain Frozen 
Warmwater Shrimp From the People's Republic of China: Final Results 
of Administrative Review; 2011-2012, 78 FR 56209, 56210 (September 
12, 2013) (``PRC Shrimp AR7 Final'').
    \4\ See, e.g., Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Final Results of Changed Circumstances 
Review, 75 FR 46914, 46916 (August 4, 2010); Frozen Warmwater Shrimp 
from Vietnam: Notice of Final Results of Antidumping Duty Changed 
Circumstances Reviews, 74 FR 42050, 42051 (August 20, 2009).

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DATES: Effective Date: December 16, 2013.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    Yelin was formally dissolved on December 12, 2006.\5\ On March 16, 
2007, Hilltop filed a submission requesting that the Department conduct 
a CCR of the antidumping duty order on certain frozen warmwater shrimp 
from the PRC to confirm that Hilltop is the successor-in-interest to 
Yelin.\6\ On May 2, 2007, the Department published a combined 
initiation and preliminary results finding that Hilltop was the 
successor-in-interest to Yelin.\7\ On June 18, 2007, this finding was 
confirmed in the final results of this CCR.\8\
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    \5\ See Letter from Hilltop to the Secretary of Commerce 
``Request for Expedited Changed Circumstances Determination'' (March 
16, 2007).
    \6\ See id.
    \7\ Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review, 72 FR 24273 (May 2, 2007).
    \8\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
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    On December 5, 2012, the Department reopened the record of this CCR 
to reconsider our determination in light of the evidence discovered in 
AR6 regarding Hilltop's affiliation with Ocean King (Cambodia) Co. 
Ltd.\9\ On February 27, 2013, the Department published in the Federal 
Register its Preliminary Reconsideration of this CCR, wherein the 
original finding that Hilltop was the successor-in-interest to Yelin 
was preliminarily reversed and Hilltop was preliminarily found to be 
part of the PRC-wide entity.\10\ Hilltop and Petitioner \11\ submitted 
comments on the Preliminary Reconsideration on

[[Page 76107]]

March 27, 2013,\12\ and rebuttal comments on April 1, 2013.\13\
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    \9\ See Letter to All Interested Parties from Catherine 
Bertrand, Program Manager, Office 9, ``Certain Frozen Warmwater 
Shrimp from the People's Republic of China: Reopening the Record of 
Changed Circumstances Review'' (December 5, 2012).
    \10\ See Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Notice of Preliminary Reconsideration of Changed 
Circumstances Review, 78 FR 13324 (February 27, 2013) (``Preliminary 
Reconsideration'').
    \11\ Petitioner is the Ad Hoc Shrimp Trade Action Committee and 
its members.
    \12\ See Letter to the Secretary of Commerce from Petitioner 
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Case Brief'' (March 27, 2013); 
Letter to the Secretary of Commerce from Hilltop ``Administrative 
Case Brief for Hilltop International in the Reconsideration of 
Changed Circumstances Review: Certain Frozen Warmwater Shrimp from 
the People's Republic of China'' (March 27, 2013).
    \13\ See Letter to the Secretary of Commerce from Petitioner 
``Changed Circumstances Review for Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Rebuttal Brief'' (April 1, 
2013); Letter to the Secretary of Commerce from Hilltop ``Reply 
Brief for Hilltop International in the Reconsideration of Changed 
Circumstances Review: Certain Frozen Warmwater Shrimp from the 
People's Republic of China'' (April 1, 2013).
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\14\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the final reconsideration of this CCR is 
now December 11, 2013.\15\
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    \14\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \15\ We note that the original deadline for this final 
reconsideration was November 24, 2013, which was a Sunday. 
Accordingly, this final reconsideration has been extended 16 days 
from the following business day, November 25, 2013.
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Scope of Order

    The merchandise that is subject to the order is certain frozen 
warmwater shrimp from the PRC. The products subject to the order at the 
time of this CCR was originally conducted \16\ were classified under 
U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings 0306.13.00.03, 
0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 
0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 
0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise remains dispositive.\17\
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    \16\ We note that on April 26, 2011, the Department amended the 
antidumping duty order to include dusted shrimp, pursuant to the 
U.S. Court of International Trade (``CIT'') decision in Ad Hoc 
Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 
(CIT 2010) and the U.S. International Trade Commission 
determination, which found the domestic like product to include 
dusted shrimp. See 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). The scope 
referenced here is the scope that was in effect when the Department 
conducted this original CCR proceeding.
    \17\ 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).
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Analysis of Comments Received

    All issues raised in case and rebuttal briefs are addressed in the 
Final Reconsideration Memorandum.\18\ A list of the issues which 
parties have raised, and to which we have responded in the Final 
Reconsideration Memorandum, is attached to this notice as an Appendix. 
The Final Reconsideration Memorandum is a public document on file 
electronically via the Department'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, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Final Reconsideration 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Final Reconsideration Memorandum 
and the electronic versions of the Final Reconsideration Memorandum are 
identical in content.
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    \18\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Final Reconsideration of Changed 
Circumstances Review: Certain Frozen Warmwater Shrimp from the 
People's Republic of China,'' (``Final Reconsideration Memorandum'') 
dated concurrently with these results and hereby adopted by this 
notice.
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Final Reconsideration

    For the reasons detailed in the Final Reconsideration Memorandum, 
we continue to find that Hilltop is not the successor-in-interest to 
Yelin and is considered part of the PRC-wide entity. In making this 
determination we have relied on adverse facts available, in accordance 
with section 776(a) and (b) of the Tariff Act of 1930, as amended 
(``the Act'').

Instructions to U.S. Customs and Border Protection

    As a result of this determination, we reverse our previous 
successor-in-interest determination and find that Hilltop is not the 
successor-in-interest to Yelin. Although the reconsidered CCR precedes 
several administrative reviews in which Hilltop was involved, we note 
that this finding is consistent with the most recently completed 
seventh administrative review, in which Hilltop was determined to be 
part of the PRC-wide entity.\19\ Hilltop is currently subject to the 
cash deposit requirements applicable to the PRC-wide entity, which is 
112.81 percent. We also note that this finding is consistent with the 
Department's most recent findings in the fourth, fifth, and six 
administrative reviews, in which Hilltop was found to be part of the 
PRC-wide entity.\20\ Thus, Hilltop's current cash deposit requirement 
shall remain in effect until further notice.
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    \19\ See, e.g., PRC Shrimp AR7 Final, 78 FR at 56210.
    \20\ See Final Results Of Redetermination Pursuant To Court 
Remand (November 4, 2013), available at http://enforcement.trade.gov/remands/; Final Results Of Redetermination 
Pursuant To Court Remand (November 7, 2013), available at http://enforcement.trade.gov/remands/; PRC Shrimp AR6 Final.
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Notification

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.216 and 351.221(c)(3).

     Dated: December 6, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29838 Filed 12-13-13; 8:45 am]
BILLING CODE 3510-DS-P