[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42913-42914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14100]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]


Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
sole exporter/producer subject to this review did not make sales of 
subject merchandise at less than normal value during the period of 
review (POR), February 1, 2021, through January 31, 2022.

DATES: Applicable July 5, 2023.

FOR FURTHER INFORMATION CONTACT: Benjamin Luberda or Ann Marie Caton, 
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 or (202) 
482-2607, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2023, Commerce published the Preliminary Results and 
invited comments from interested parties.\1\ No interested party 
submitted comments. Accordingly, Commerce made no changes to the 
Preliminary Results.\2\
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    \1\ See Certain Frozen Warmwater Shrimp from Thailand: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 14137 (March 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ For further details of the issues addressed in this 
proceeding, see the Preliminary Results PDM.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 3
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    \3\ 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).
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    The merchandise subject to the Order is certain warmwater shrimp 
and prawns. For a full description of the scope of the Order, see the 
Preliminary Results.\4\
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    \4\ See Preliminary Results PDM at 4-5.
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Final Results of Review

    We determine that the following weighted-average dumping margin 
exists for the period February 1, 2021, through January 31, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Thai Union Group Public Co., Ltd./Thai Union Seafood               0.00
 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..............................................
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Disclosure

    Because Commerce received no comments on the Preliminary Results, 
we have not modified our analysis and no decision memorandum 
accompanies this Federal Register notice. We are adopting the 
Preliminary Results as the final results of this review. Consequently, 
there are no new calculations to disclose in accordance with 19 CFR 
351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of their 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 the respondent 
did not report entered value, we calculated the entered value in order 
to calculate the assessment rate. 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 rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced

[[Page 42914]]

or exported by Thai Union \5\ for which the company 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.\6\
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    \5\ Thai Union consists of 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.
    \6\ 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 cash 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 the 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 listed above, 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, a previous 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 recent segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 5.34 percent, the 
all-others rate established in the Section 129 Determination.\7\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ 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 Rounds 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 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 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: June 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-14100 Filed 7-3-23; 8:45 am]
BILLING CODE 3510-DS-P