[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33984-33986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13635]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain frozen warmwater shrimp (shrimp) from Thailand
have been made below normal value during the period of review (POR),
February 1, 2019, through January 31, 2020. We invite interested
parties to comment on these preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on shrimp from Thailand.\1\ On February 3, 2020, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ The notice of initiation of this
administrative review was published on April 8, 2020.\3\ On July 7,
2020, Commerce selected two mandatory respondents for individual
examination: (1) Kongphop Frozen Food Co., Ltd.; and (2) Thai Union
Group Public Co., Ltd./Thai Union Seafood Co., Ltd./Pakfood Public
Company Limited/Asia Pacific (Thailand) Co., Ltd./Chaophraya Cold
Storage Co., Ltd./Okeanos Co., Ltd./Okeanos Food Co., Ltd./Takzin Samut
Co., Ltd. (collectively, Thai Union).\4\ On April 24, 2020, Commerce
tolled all deadlines in administrative reviews by 50 days.\5\ On July
21, 2020,
[[Page 33985]]
Commerce tolled deadlines in administrative reviews by an additional 60
days.\6\ On January 21, 2021, Commerce extended the deadline for the
preliminary results of this administrative review until June 18,
2021.\7\ Also on January 21, 2021, Commerce rescinded the
administrative review with respect to all companies for which a review
had been requested, except Thai Union.\8\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\9\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Thailand, 70 FR 5145 (February 1, 2005) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 5938 (February 3, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020).
\4\ See Memorandum, ``Selection of Respondents for Individual
Review,'' dated July 7, 2020. In the 2012-2013 administrative
review, as noted in that memorandum, Commerce previously found that
the following companies comprised a single entity: Thai Union Frozen
Products Public Co. Ltd.; Thai Union Seafood Co., Ltd. (TUS);
Pakfood Public Company Limited; Asia Pacific (Thailand) Co., Ltd.;
Chaophraya Cold Storage Co., Ltd.; Okeanos Co., Ltd.; Okeanos Food
Co., Ltd. (OKF); and Takzin Samut Co., Ltd. (collectively, Thai
Union). See Certain Frozen Warmwater Shrimp from Thailand: Final
Results of Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial Rescission of Review;
2012-2013, 79 FR 51306, 51306 (August 28, 2014). Further, on January
5, 2016, Commerce found that Thai Union Group Public Co., Ltd.,
(TUG) is the successor-in-interest to Thai Union Frozen Products
Public Co., Ltd. See Notice of Final Results of Antidumping Changes
Circumstances Review: Certain Frozen Warmwater Shrimp from Thailand,
81 FR 222 (January 5, 2016). Therefore, we are treating these
companies as a single entity for the purposes of this administrative
review.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\7\ See Memorandum, ``Extension of Time Limit for Preliminary
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated
January 21, 2021. However, on June 17, 2021, the President signed
into law the Juneteenth National Independence Day Act, making June
19 a Federal holiday. See Juneteenth National Independence Day Act,
S. 475, Public Law 117-17 (2021). Because the Federal holiday fell
on a Saturday, it was observed on Friday, June 18, 2021. Where a
deadline falls on a weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for
these preliminary results is on June 21, 2021.
\8\ See Certain Frozen Warmwater Shrimp from Thailand: Partial
Rescission of Antidumping Duty Administrative Review; 2019-2020, 86
FR 7061 (January 26, 2021).
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of the Antidumping
Duty Order on Circular Frozen Warmwater Shrimp from Thailand,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is certain warmwater shrimp
and prawns, whether frozen, wild-caught (ocean harvested) or farm-
raised (produced by aquaculture), head-on or head-off, shell-on or
peeled, tail-on or tail-off, deveined or not deveined, cooked or raw,
or otherwise processed in frozen form. The frozen warmwater shrimp and
prawn products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(HTSUS), are products which are processed from warmwater shrimp and
prawns through freezing and which are sold in any count size. The
products subject to the Order are currently classifiable in HTSUS
statistical reporting 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.\10\
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\10\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum at 4-5.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
February 1, 2019, through January 31, 2020:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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Thai Union............................................. 6.47
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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.\11\ Case briefs
or other written comments may be submitted to the Assistant Secretary
for Enforcement and Compliance. Interested parties will be notified of
the timeline for the submission of case briefs and written comments at
a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the time limit for
filing case briefs.\12\ Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\ 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.\14\ Case and rebuttal briefs
should be filed using ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ 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 Acting 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.\16\ 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.\17\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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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 of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\19\
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\19\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), because Thai Union reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping 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)(1), or an importer-specific
[[Page 33986]]
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of shrimp from Thailand 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 the exporter 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 rate will continue to be
the company-specific rate published for the most recently-completed
segment of this proceeding in which the company was reviewed; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair value (LTFV) investigation, but the manufacturer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the manufacturer of
subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 5.34 percent, the all-
others rate made effective by the Section 129 Determination.\21\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Implementation of the Findings of the WTO Panel in
United States Antidumping Measure on Shrimp from Thailand: Notice of
Determination Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Order on Frozen
Warmwater Shrimp from Thailand, 74 FR 5638 (January 30, 2009)
(Section 129 Determination).
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Notification to Importers
This notice serves as a 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-13635 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P