[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16843-16845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Preliminary Results 
of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain frozen warmwater shrimp (shrimp) from India is being, or 
is likely to be, sold in the United States at less than normal value 
during the period of review (POR) February 1, 2017, through January 31, 
2018.

DATES: Applicable April 23, 2019.

FOR FURTHER INFORMATION CONTACT: Manuel Rey or Brittany Bauer, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5518 or (202) 482-3860, 
respectively.

[[Page 16844]]


SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on shrimp from India. The review covers six producers and/or 
exporters of the subject merchandise. Commerce selected two mandatory 
respondents for individual examination: Calcutta Seafoods Pvt. Ltd./Bay 
Seafood Pvt. Ltd./Elque & Co. (collectively, the Elque Group); and 
Magnum Sea Foods Limited/Magnum Estates Limited (collectively, Magnum). 
The POR is February 1, 2017, through January 31, 2018.
    We preliminarily determine that sales to the United States have 
been made below normal value and, therefore, are subject to antidumping 
duties. If these preliminary results are adopted in the final results 
of this review, we will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. We 
invite all interested parties to comment on these preliminary results.
    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\1\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. Accordingly, 
the revised deadline for the preliminary results of this review is now 
April 9, 2019.
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    \1\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
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Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\2\ 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, 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 remains dispositive.
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    \2\ For a complete description of the Scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2017-2018 Administrative Review of the Antidumping Duty Order on 
Certain Frozen Warmwater Shrimp from India,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. Normal value 
is calculated in accordance with section 773 of the Act. Because the 
Elque Group did not provide useable cost data, we preliminarily 
determine to apply adverse facts available (AFA) to this respondent, in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. 
For a full discussion of the rationale underlying our preliminary 
results, see the Preliminary Decision Memorandum.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached at the Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that 
weighted-average dumping margins exist for the respondents for the 
period February 1, 2017, through January 31, 2018, as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque &         110.90
 Co.........................................................
Magnum Sea Foods Limited/Magnum Estates Limited.............        1.87
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    Review-Specific Average Rate Applicable to the Following Companies: 
\3\
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    \3\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Blue-Fin Frozen Foods Pvt. Ltd..............................        1.87
Crystal Sea Foods Private Limited...........................        1.87
Forstar Frozen Foods Pvt. Ltd...............................        1.87
Milsha Agro Exports Pvt. Ltd................................        1.87
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\4\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the time limit for filing case briefs.\6\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\7\ Case and rebuttal 
briefs should be filed using ACCESS.\8\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\9\ Hearing requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\10\
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    \9\ See 19 CFR 351.310(c).
    \10\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date

[[Page 16845]]

of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\11\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review. 
Where assessments are based upon total facts available, including AFA, 
we will instruct CBP to assess duties at the AFA margin rate.
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    \11\ See 19 CFR 351.212(b)(1).
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    Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the 
entered value for all of its U.S. sales, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of antidumping duties calculated for the examined sales to 
the total entered value of the sales for which entered value was 
reported. Where either the respondent's weighted-average dumping margin 
is zero or de minimis within the meaning of 19 CFR 351.106(c), or an 
importer-specific rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average \12\ of the cash 
deposit rates calculated for the companies selected for mandatory 
review (i.e., the Elque Group and Magnum), excluding any which are de 
minimis or determined entirely on adverse facts available. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\13\
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    \12\ This rate will be calculated as discussed in the 
``Preliminary Results of the Review'' section, above.
    \13\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be that established in the final results of 
this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
reviewed or investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment; (3) if the exporter 
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 10.17 percent, the 
all-others rate made effective by the LTFV investigation.\14\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Notice of Amended Final Determination of Sale at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from India, 70 FR 5147 (February 1, 2005).
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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) 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 9, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Affiliation and Collapsing
    A. Legal Framework
    B. Affiliation and Single Entity Analysis
5. Application of Facts Available and Use of Adverse Inference
    A. Legal Framework
    B. Use of Facts Otherwise Available
    C. Application of Facts Available With an Adverse Inference
    D. Selection and Corroboration of Adverse Facts Available Rate
6. Discussion of the Methodology
    Normal Value Comparisons
    A. Determination of Comparison Method
    B. Results of Differential Pricing Analysis
    Magnum
    Product Comparisons
    Export Price
    Normal Value
    A. Home Market Viability and Comparison Market
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of Normal Value Based on Comparison Market Prices
    E. Calculation of Normal Value Based on Constructed Value
    Currency Conversion
    Recommendation

[FR Doc. 2019-08270 Filed 4-22-19; 8:45 am]
BILLING CODE 3510-DS-P