[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75787-75789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29675]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2013-
2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Notice.

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SUMMARY: On September 12, 2014, the Department of Commerce (the 
``Department'') published the Preliminary Results of the 2013-2014 
administrative review on certain frozen warmwater shrimp (``shrimp'') 
from the People's Republic of China (``PRC''), covering the period of 
review (``POR'') from February 1, 2013, through January 31, 2014.\1\ We 
gave interested parties an opportunity to submit comments on the 
Preliminary Results, but none were received. Therefore, these final 
results are unchanged from the Preliminary Results, and we continue to 
find that Shantou Yuexing Enterprise Company (``SYEC''), and Zhanjiang 
Regal Integrated Marine Resources Co., Ltd. (``Regal'') did not have 
reviewable entries during this POR. Additionally, we continue to find 
that Rizhao Smart Foods Co., Ltd. (``Smart Foods'') is not eligible for 
a separate rate, and we will continue to treat it as part of the PRC-
wide entity.
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    \1\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014, 79 FR 54678 (September 12, 2014) 
(``Preliminary Results'').

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DATES: Effective Date: December 19, 2014.

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

SUPPLEMENTARY INFORMATION: 

Background

    On September 14, 2014, the Department published the Preliminary 
Results of this administrative review. SYEC, Smart Foods, and Regal \2\ 
submitted ``no shipment certifications'' to the Department.\3\ In 
response to the Department's query, U.S. Customs and Border Protection 
(``CBP'') did not provide any evidence that contradicted SYEC or 
Regal's claims of no shipments. The Department received no comments 
from interested parties concerning the results of the CBP queries. 
Therefore, based on SYEC and Regal's certifications and our analysis of 
CBP information, we preliminarily determined that SYEC and Regal did 
not have any reviewable entries during the POR.\4\ With regard to Smart 
Foods, we noted that because it was previously found to be part of the 
PRC-wide entity, and continues to be part of the PRC-wide entity for 
this review, we were not making a determination regarding its no 
shipments certification.\5\ In the Preliminary Results we determined 
that 58 companies in total should be treated as part of the PRC-wide 
entity.\6\ We invited interested parties to comment on the Preliminary 
Results. We received no comments from interested parties.
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    \2\ In the Initiation Notice, we stated that because the order 
was revoked with respect to subject merchandise produced and 
exported by Regal, this administrative review covers all subject 
merchandise exported by Regal and manufactured by any company other 
than Regal. See Initiation Notice 79 FR at 18275 at footnote 5.
    \3\ See Letter to the Secretary of Commerce from Shantou Yuexing 
``Shantou Yuexing Enterprise Company's Request for rescinding an 
Administrative Review'' (April 2, 2014); Letter to the Secretary of 
Commerce from Rizhao Smart Foods Co., Ltd. ``Certificate of No 
Sales'' (April 9, 2014); Letter to the Secretary of Commerce from 
Zhanjiang Regal Integrated Marine Resources Co., Ltd. ``No Shipments 
Statement of Zhanjiang Regal Integrated Marine Resources Co., Ltd.'' 
(June 2, 2014).
    \4\ See Preliminary Results, 79 FR at 54679.
    \5\ Id.
    \6\ Id.
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Scope of the Order

    The scope of the 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,\7\ deveined or not deveined, cooked or raw, or otherwise 
processed in frozen form.
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    \7\ ``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 the order, regardless of definitions in the Harmonized Tariff 
Schedule (``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

[[Page 75788]]

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), and Indian white prawn (Penaeus 
indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of the order. 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 the order.
    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; \8\ (7) canned 
warmwater shrimp and prawns (HTS subheading 1605.20.1040); and (8) 
certain battered shrimp. Battered 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. 
When dusted in accordance with the definition of dusting above, the 
battered shrimp product is also coated with a wet viscous layer 
containing egg and/or milk, and par-fried.
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    \8\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope in the PRC case.
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    The products covered by these orders are currently classified under 
the following HTS subheadings: 0306.17.0003, 0306.17.0006, 
0306.17.0009, 0306.17.0012, 0306.17.0015, 0306.17.0018, 0306.17.0021, 
0306.17.0024, 0306.17.0027, 0306.17.0040, 1605.21.1030, and 
1605.29.1010. These HTS subheadings are provided for convenience and 
for customs purposes only; the written description of the scope of 
these orders is dispositive.\9\
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    \9\ On April 26, 2011, the Department amended the antidumping 
duty order to include dusted shrimp, pursuant to the 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) (``Order''); 
see also Frozen Warmwater Shrimp from Brazil, China, India, 
Thailand, and Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-
1068 (Review), USITC Publication 4221, March 2011.
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Final Determination of No Shipments

    In the Preliminary Results, the Department determined that Regal 
and SYEC had no sales of subject merchandise to the United States 
during the POR.\10\ We stated, consistent with the recently announced 
refinement to its assessment practice in non-market economy (``NME'') 
cases, that the Department would not rescind the review in these 
circumstances but, rather, would complete the review with respect to 
Regal and SYEC and issue appropriate instructions to CBP based on the 
final results of the review. As stated above, we did not receive any 
comments on our Preliminary Results nor did we receive information from 
CBP indicating that there were reviewable transactions for Regal or 
SYEC during the POR. Therefore, we continue to determine that Regal and 
SYEC had no reviewable transactions of subject merchandise during the 
POR. Consistent with our ``automatic assessment'' clarification, the 
Department will issue appropriate instructions to CBP based on our 
final results.\11\
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    \10\ See Preliminary Results, 79 FR at 54679.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement''). See also the ``Assessment'' section of this 
notice, below.
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PRC-Wide Entity

    Because Smart Foods was found to be part of the PRC-wide entity in 
recent administrative reviews of the Order,\12\ had no reviewable sales 
or entries in this review, and, consequently, did not demonstrate 
eligibility for a separate rate, Smart Foods continues to be part of 
the PRC-wide entity. Therefore, we continue to find that 58 companies, 
including Smart Foods, should be treated as part of the PRC-wide 
entity. The Department's change in policy regarding conditional review 
of the PRC-wide entity applies to this administrative review.\13\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity, the entity is not under review and the entity's rate is not 
subject to change. The Department finds that 58 companies \14\ under 
review have

[[Page 75789]]

not established eligibility for a separate rate and, thus, they should 
continue to be part of the PRC-wide entity for these final results.
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    \12\ 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 (September 4, 2012) 
at Appendix II; see also Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Final Results of Administrative Review; 
2011-2012, 78 FR 56209 (September 12, 2013).
    \13\ Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \14\ Those companies for which a review was requested and which 
we determine are part of the PRC-wide entity include: Asian Seafoods 
(Zhanjiang) Co., Ltd., Beihai Angbang Seafood Co., Ltd., Beihai 
Boston Frozen Food Co., Ltd., Dalian Shanhai Seafood Co., Ltd., 
Dalian Taiyang Aquatic Products Co., Ltd., Eimskip Logistics 
(Qingdao) Co., Ltd., EZ Logistics Inc., EZ Logistics LLC (Qingdao 
Branch), Fujian Chaohui International Trading, Fujian Rongjiang 
Import and Export Co., Ltd., Fujian Tea Import & Export Co., Ltd., 
Fujian Zhaoan Haili Aquatic Co., Ltd., Fuqing Dongwei Aquatic 
Products Ind., Fuqing Minhua Trade Co., Ltd., Fuqing Yihua Aquatic 
Food Co., Ltd., Guangdong Foodstuffs Import & Export (Group) 
Corporation, Guangdong Gourmet Aquatic Products Co., Ltd., Guangdong 
Jinhang Food Co., Ltd., Guangdong Jinhang Foods Co., Ltd., Guangdong 
Wanshida Holding Corp., Guangdong Wanya Foods Fty. Co., Ltd., 
Guangzhou Shi Runjin Trading Development Co., Ltd., Haida Seafood 
Co., Ltd., HaiLi Aquatic Product Co., Ltd., Hainan Brich Aquatic 
Products Co., Ltd., Hua Yang (Dalian), International Transportation 
Service Co., Huazhou XinHai Aquatic Products Co. Ltd., Jiazhou Foods 
Industry Co., Ltd., Longhai Gelin Foods Co., Ltd., Longhai Gelin 
Seafoods Co., Ltd., Maoming Xinzhou Seafood Co., Ltd., North Seafood 
Group Co., Panwin International Logistics Co., Ltd., Pingye Foreign 
Transportation Corp. Ltd of Shantou, SE.Z., Rizhao Smart Foods 
Company Limited, Savvy Seafood Inc., Shanghai Lingpu Aquatic 
Products Co., Ltd., Shanghai Smiling Food Co., Ltd.. Shantou 
Freezing Aquatic Product Foodstuffs Co., Shantou Jiazhou Food 
Industrial Co., Ltd., Shantou Jin Cheng Food Co., Ltd., Shantou 
Jintai Aquatic Product Industrial Co., Ltd., Shantou Li An Plastic 
Products Co. Ltd., Shantou Longsheng Aquatic Product Foodstuff Co., 
Ltd., Shantou Wanya Foods Fty. Co., Ltd., Thai Royal Frozen Food 
Zhanjiang Co., Ltd., Yangjiang Anyang Food Co., Ltd., Yangjiang City 
Haida Seafood Company Ltd., Yangjiang City Hongwai Seafood Company, 
Ltd., Zhangzhou Xinwanya Aquatic Product Co., Ltd., Zhangzhou 
Yanfeng Aquatic Product, Zhanjiang Evergreen Aquatic Product Science 
and Technology Co., Ltd., Zhanjiang Fuchang Aquatic Products Co., 
Ltd., Zhanjiang Jinguo Marine Foods Co., Ltd., Zhanjiang Longwei 
Aquatic Products Industry Co., Ltd., Zhanjiang Universal Seafood 
Corp., Zhanjiang Newpro Foods Co., Ltd., Zhaoan Yangli Aquatic Co., 
Ltd.
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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. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. The 
Department recently announced a refinement to its assessment practice 
in NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the NME-wide rate. In addition, 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 (i.e., at that exporter's rate) will be 
liquidated at the NME-wide rate.\15\
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    \15\ See Assessment Practice Refinement, 76 FR at 65694.
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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 previously 
investigated or reviewed PRC and non-PRC exporters that received a 
separate rate in a prior segment of this proceeding that are not listed 
in footnote 14, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate 
(including the firms listed in footnote 14), the cash deposit rate will 
be the existing rate for the PRC-wide entity; and (3) 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.

Notifications

    This notice serves as a final 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 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.
    This notice also serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213(d)(4).

    Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29675 Filed 12-18-14; 8:45 am]
BILLING CODE 3510-DS-P