[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)
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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.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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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