[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54156-54157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21256]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Notice of Court 
Decision Not in Harmony With the Results of Antidumping Administrative 
Review; Notice of Amended Final Results

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

SUMMARY: On September 20, 2021, the U.S. Court of International Trade 
(CIT or the Court) issued its final judgment in Calcutta Seafoods Pvt. 
Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, Court 
No. 19-00201, sustaining the Department of Commerce (Commerce)'s remand 
results pertaining to the administrative review of the antidumping duty 
(AD) order on certain frozen warmwater shrimp (shrimp) from India 
covering the period February 1, 2017, through January 31, 2018. 
Commerce is notifying the public that the CIT's final judgment is not 
in harmony with Commerce's final results of the administrative review 
and that Commerce is amending the final results with respect to the 
dumping margin assigned to Calcutta Seafoods Pvt. Ltd., Bay Seafood 
Pvt. Ltd., and Elque & Co. (collectively, the Elque Group).

DATES: Applicable September 30, 2021.

FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On October 29, 2019, Commerce published its Final Results.\1\ 
During the course of the administrative review, Commerce found that the 
Elque Group reported unclear and inconsistent product specification 
data and failed to respond adequately to certain questions contained in 
the original and supplemental questionnaires issued by Commerce. As a 
result, Commerce was not able to rely on the Elque Group's data as 
reported in order to calculate a

[[Page 54157]]

dumping margin for the Elque Group. Commerce determined that the Elque 
Group: (1) Withheld requested information; (2) failed to provide 
information in the form or manner requested by Commerce; and (3) 
significantly impeded the proceeding.\2\ For these reasons, in 
determining the Elque Group's dumping margin, Commerce applied adverse 
facts available (AFA), pursuant to section 776(b) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \1\ See Certain Frozen Warmwater Shrimp from India: Final 
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR 
57847 (October 29, 2019) (Final Results).
    \2\ See Certain Frozen Warmwater Shrimp from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR 
16843 (April 23, 2019) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM) at 11, unchanged in the Final 
Results.
    \3\ See Preliminary Results PDM at 13, unchanged in the Final 
Results.
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    On February 3, 2021, the Court remanded aspects of the Final 
Results to Commerce for further consideration. Specifically, the Court 
held that Commerce's application of AFA to the Elque Group was unlawful 
because Commerce did not provide the Elque Group adequate assistance or 
consider its difficulties as a small company, as required by section 
782(c) of the Act. In its decision, the Court remanded the Final 
Results to Commerce to recalculate the Elque Group's dumping margin, by 
either: (1) Reopening the record and procuring additional information; 
or (2) applying neutral facts available. In the Remand Redetermination, 
Commerce applied neutral facts available to the Elque Group's reported 
data to calculate a dumping margin.\4\ On September 20, 2021, the CIT 
sustained Commerce's Remand Redetermination.\5\
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    \4\ See Final Results of Redetermination on Remand Pursuant to 
Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. 
v. United States, Court No. 19-00201, Slip. Op. 21-11 (CIT February 
3, 2021), dated May 4, 2021 (Remand Redetermination).
    \5\ See Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and 
Elque & Co. v. United States, Court No. 19-00201, Slip Op. 21-123 
(CIT September 20, 2021).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) and (e) of the Act, Commerce must publish a notice of 
court decision that is not ``in harmony'' with a Commerce determination 
and suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's September 20, 2021 judgment constitutes a final 
decision of the CIT that is not in harmony with Commerce's Final 
Results. Thus, this notice is published in fulfillment of the 
publication requirements of Timken.
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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to the Elque Group and the non-examined 
companies subject to the review as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co       27.66
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \8\
------------------------------------------------------------------------
Blue-Fin Frozen Foods Pvt. Ltd..............................        6.13
Crystal Sea Foods Private Limited...........................        6.13
Forstar Frozen Foods Pvt. Ltd...............................        6.13
Milsha Agro Exports Pvt. Ltd................................        6.13
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Cash Deposit Requirements

    Because Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & 
Co., Blue-Fin Frozen Foods Pvt. Ltd., Crystal Sea Foods Private 
Limited, and Forstar Frozen Foods Pvt. Ltd. have a superseding cash 
deposit rate, i.e., there have been final results published in a 
subsequent administrative review, we will not issue revised cash 
deposit instructions to U.S. Customs and Border Protection (CBP). This 
notice will not affect the current cash deposit rate with respect to 
these companies.
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    \8\ 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. See also Memorandum, ``Remand 
Redetermination of the Antidumping Duty Administrative Review of 
Certain Frozen Warmwater Shrimp from India: Calculation of the Cash 
Deposit Rate for Non-Reviewed Companies,'' dated April 21, 2021; and 
Final Results, 84 FR at 57847.
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    With respect to Milsha Agro Exports Pvt. Ltd., Commerce will issue 
revised cash deposit instructions to CBP.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Calcutta 
Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. and were 
entered, or withdrawn from warehouse, for consumption during the period 
February 1, 2017, through January 31, 2018. These entries will remain 
enjoined pursuant to the terms of the injunction during the pendency of 
any appeals process.
    In the event that the CIT's ruling is not appealed, or, if 
appealed, upheld by a final and conclusive court decision, Commerce 
intends to instruct CBP to assess antidumping duties on unliquidated 
entries of subject merchandise produced and/or exported by Calcutta 
Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate is not zero or de 
minimis. Where an importer-specific ad valorem assessment rate is zero 
or de minimis,\9\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-21256 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P