Notices. Enforcement and Compliance, International Trade Administration, Department of Commerce

2,578 words·~12 min read·/register/2023/09/01/2023-18915·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE International Trade Administration [A-533-840] Certain Frozen Warmwater Shrimp From India: 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 producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value during the period of review

(POR)February 1, 2021, through January 31, 2022. DATES: Applicable September 1, 2023. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Adam Simons, 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)482-1280 or

(202)482-6172, respectively. SUPPLEMENTARY INFORMATION: Background This review covers 187 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Megaa Moda Pvt Ltd. (Megaa Moda) and NK Marine Exports LLP (NK Marine). 1 The producers/exporters not selected for individual examination are listed in Appendix II. 1 *See* Memorandum, “Selection of Additional Respondents for Individual Review,” dated July 21, 2022. On March 3, 2023, Commerce published the *Preliminary Results* and invited interested parties to comment. 2 For a complete description of the events that occurred since the *Preliminary Results,* see the Issues and Decision Memorandum. 3 2 *See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022,* 88 FR 13430 (March 3, 2023) ( *Preliminary Results* ), and accompanying Preliminary Decision Memorandum (PDM). 3 *See* Memorandum, “Issues and Decision Memorandum for the Final Results of the 2021-2022 Administrative Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from India,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Scope of the Order 4 4 *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India,* 70 FR 5147 (February 1, 2005) ( *Order* ). The merchandise subject to the *Order* is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.04, 0306.17.00.05, 0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10, 0306.17.00.11, 0306.17.00.13, 0306.17.00.14, 0306.17.00.16, 0306.17.00.17, 0306.17.00.19, 0306.17.00.20, 0306.17.00.22, 0306.17.00.23, 0306.17.00.25, 0306.17.00.26, 0306.17.00.28, 0306.17.00.29, 0306.17.00.41, 0306.17.00.42, 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. 5 5 For a complete description of the scope of the *Order, see* the *Preliminary Results* PDM. Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum. The Issues and 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 Issues and Decision Memorandum can be accessed directly at *https://access.trade.gov/public/FRNoticesListLayout.aspx.* Changes Since the Preliminary Results Based on the comments received from interested parties, we made no changes to the margin calculations in the *Preliminary Results* for Megaa Moda and NK Marine. However, we did make changes to our calculation of the review-specific average rate assigned to the companies not selected for individual review. 6 6 For further discussion, *see* Issues and Decision Memorandum at Comment 5. Final Results of the Review As a result of this review, we determine the following weighted-average dumping margins for the period February 1, 2021, through January 31, 2022: 7 *See* Appendix II for a full list of these companies. Exporter/producer Weighted- average dumping margin (percent) Megaa Moda Pvt Ltd 7.92 NK Marine Exports LLP 1.43 Companies Not Selected for Individual Review 7 3.88 Review-Specific Rate for Companies Not Selected for Individual Review The exporters or producers not selected for individual review are listed in Appendix II. Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended, 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), because Megaa Moda and NK Marine reported the entered value for their U.S. sales, we calculated 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)(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” practice will apply to entries of subject merchandise during the POR produced by Megaa Moda or NK Marine 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. 8 8 For a full discussion of this practice, *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 68 FR 23954 (May 6, 2003). For the companies that were not selected for individual review, we assigned an assessment rate based on the review-specific average rate, calculated as noted in the “Final Results of the Review” section, above. 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. 9 9 *See* section 751(a)(2)(C) of the Act. 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 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 rates for the reviewed companies will be the rates shown above, except if the rate is less than 0.50 percent ( *de minimis* within the meaning of 19 CFR 351.106(c)(1)), the cash deposit will be zero;

(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period;

(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, the cash deposit rate will be the rate established for the most recent period 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 established in the LTFV investigation. 10 These deposit requirements, when imposed, shall remain in effect until further notice. 10 *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order,* 70 FR 5147, 5148 (February 1, 2005). 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 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 the 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)(1) of the Act. Dated: August 25, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Calculating the Review-Specific Average Rate for Companies Not Selected for Review Comment 2: Calculating Comparison Market Net Price for NK Marine Comment 3: Excluding Certain Sales from the Home Market for Megaa Moda Comment 4: Treating Certain Home Market Sales and Sales to the United States for Megaa Moda Comment 5: Offsetting Interest Expenses with Short-Term Interest Income for Megaa Moda IV. Recommendation Appendix II—Review-Specific Average Rate Applicable to Companies Not Selected for Individual Review 1. Abad Fisheries 2. Accelerated Freeze Drying Co. 3. ADF Foods Ltd. 4. Albys Agro Private Limited 5. Al-Hassan Overseas Private Limited 6. Allana Frozen Foods Pvt. Ltd. 7. Allanasons Ltd. 8. Alps Ice & Cold Storage Private Limited 9. Amaravathi Aqua Exports Private Limited 10. Amarsagar Seafoods Private Limited 11. Amulya Seafoods 12. Anantha Seafoods Private Limited 13. Anjaneya Seafoods 14. Asvini Agro Exports 15. Ayshwarya Seafood Private Limited 16. B R Traders 17. Baby Marine Eastern Exports 18. Baby Marine Exports 19. Baby Marine International 20. Baby Marine Sarass 21. Baby Marine Ventures 22. Balasore Marine Exports Private Limited 23. BB Estates & Exports Private Limited 24. Bell Exim Private Limited 25. Bhatsons Aquatic Products 26. Bhavani Seafoods 27. Bhimraj Exports Private Limited 28. Bijaya Marine Products 29. Blue-Fin Frozen Foods Pvt. Ltd. 30. Blue Water Foods & Exports P. Ltd. 31. Blue Park Seafoods Pvt. Ltd. 32. Britto Seafood Exports Pvt Ltd. 33. Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co. 34. Canaan Marine Products 35. Capithan Exporting Co. 36. Cargomar Private Limited 37. Chakri Fisheries Private Limited 38. Chemmeens

(Regd)39. Cherukattu Industries (Marine Div) 40. Cochin Frozen Food Exports Pvt. Ltd. 41. Cofoods Processors Private Limited 42. Continental Fisheries India Private Limited 43. Coreline Exports 44. Corlim Marine Exports Pvt. Ltd. 45. CPF (India) Private Limited 46. Crystal Sea Foods Private Limited 47. Danica Aqua Exports Private Limited 48. Datla Sea Foods 49. Deepak Nexgen Foods and Feeds Private Limited 50. Delsea Exports Pvt. Ltd. 51. Devi Sea Foods Limited 11 11 Shrimp produced and exported by Devi Sea Foods Limited

(Devi)was excluded from the order effective February 1, 2009. *See Certain Frozen Warmwater Shrimp from India: Final Results of the Antidumping Duty Administrative Review, Partial Rescission of Review, and Notice of Revocation of Order in Part,* 75 FR 41813, 41814 (July 19, 2010). Accordingly, we initiated this administrative review with respect to Devi only for shrimp produced in India where Devi acted as either the manufacturer or exporter (but not both). 52. Dwaraka Sea Foods 53. Empire Industries Limited 54. Entel Food Products Private Limited 55. Esmario Export Enterprises 56. Everblue Sea Foods Private Limited 57. Febin Marine Foods Private Limited 58. Fedora Sea Foods Private Limited 59. Food Products Pvt., Ltd./Parayil Food Products Pvt., Ltd. 60. Fouress Food Products Private Limited 61. Frontline Exports Pvt. Ltd. 62. G A Randerian Ltd. 63. Gadre Marine Exports (AKA Gadre Marine Exports Pvt. Ltd.) 64. Galaxy Maritech Exports P. Ltd. 65. Geo Aquatic Products

(P)Ltd. 66. Grandtrust Overseas

(P)Ltd. 67. GVR Exports Pvt. Ltd. 68. Hari Marine Private Limited 69. Haripriya Marine Export Pvt. Ltd. 70. HIC ABF Special Foods Pvt. Ltd. 71. Highland Agro 72. Hiravati Exports Pvt. Ltd. 73. Hiravati International Pvt. Ltd. 74. Hiravati Marine Products Private Limited 75. HMG Industries Ltd. 76. HN Indigos Private Limited 77. Hyson Exports Private Limited 78. Hyson Logistics and Marine Exports Private Limited 79. Indian Aquatic Products 80. Indo Aquatics 81. Indo Fisheries 82. Indo French Shellfish Company Private Limited 83. International Freezefish Exports 84. Jinny Marine Traders 85. Jude Foods India Private Limited 86. K.V. Marine Exports 87. Karunya Marine Exports Private Limited 88. Kaushalya Aqua Marine Product Exports Pvt. Ltd. 89. Kay Kay Exports 90. Kings Infra Ventures Limited 91. Kings Marine Products 92. Koluthara Exports Ltd. 93. Libran Foods 94. Lito Marine Exports Private Limited 95. Mangala Sea Products 96. Marine Harvest India 97. Milsha Agro Exports Pvt. Ltd. 98. Milsha Sea Products 99. Minaxi Fisheries Private Limited 100. Mindhola Foods LLP 101. Minh Phu Group 102. MMC Exports Limited 103. MTR Foods 104. Naik Frozen Foods Private Limited 105. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd 106. Naik Seafoods Ltd. 107. NAS Fisheries Pvt. Ltd 108. Nine Up Frozen Foods 109. Nutrient Marine Foods Limited 110. Oceanic Edibles International Limited 111. Paragon Sea Foods Pvt. Ltd. 112. Paramount Seafoods 113. Pesca Marine Products Pvt., Ltd. 114. Pijikay International Exports P Ltd. 115. Poyilakada Fisheries Private Limited 116. Pravesh Seafood Private Limited 117. Premier Exports International 118. Premier Marine Foods 119. Premier Seafoods Exim

(P)Ltd. 120. Protech Organo Foods Private Limited 121. Raju Exports 122. Rajyalakshmi Marine Exports 123. Ram's Assorted Cold Storage Limited 124. Raunaq Ice & Cold Storage 125. RDR Exports 126. RF Exports Private Limited 127. Rising Tide 128. Riyarchita Agro Farming Private Limited 129. Rupsha Fish Private Limited 130. R V R Marine Products Private Limited 131. S Chanchala Combines Private Limited 132. Safera Food International 133. Sagar Samrat Seafoods 134. Sahada Exports 135. Sai Aquatechs Private Limited 136. Salet Seafoods Pvt. Ltd. 137. Samaki Exports Private Limited 138. Sanchita Marine Products Private Limited 139. Sasoondock Matsyodyog Sahakari Society Ltd. 140. Sea Doris Marine Exports 141. Seagold Overseas Pvt. Ltd. 142. Seasaga Enterprises Private Limited/Seasaga Group 143. Shimpo Exports Private Limited 144. Shimpo Seafoods Private Limited 145. Shiva Frozen Food Exp. Pvt. Ltd. 146. Shroff Processed Food & Cold Storage P Ltd. 147. Sigma Seafoods 148. Silver Seafood 149. Sita Marine Exports 150. Sonia Fisheries 151. Sreeragam Exports Private Limited 152. Sri Sakkthi Cold Storage 153. Srikanth International 154. SSF Ltd. 155. Star Agro Marine Exports Private Limited 156. Star Organic Foods Private Limited 157. Stellar Marine Foods Private Limited 158. Sterling Foods 159. Sun Agro Exim 160. Supran Exim Private Limited 161. Suvarna Rekha Exports Private Limited 162. Suvarna Rekha Marines P Ltd. 163. TBR Exports Private Limited 164. Teekay Marines Private Limited 165. Tej Aqua Feeds Private Limited 166. The Waterbase Limited 167. Torry Harris Seafoods Ltd. 168. Triveni Fisheries P Ltd. 169. U & Company Marine Exports 170. Ulka Sea Foods Private Limited 171. Uniloids Biosciences Private Limited 172. Uniroyal Marine Exports Ltd. 173. Unitriveni Overseas Private Limited 174. Vaisakhi Bio-Marine Private Limited 175. Varma Marine 176. Vasai Frozen Food Co. 177. Veronica Marine Exports Private Limited 178. Victoria Marine & Agro Exports Ltd. 179. Vinner Marine 180. Vitality Aquaculture Pvt. Ltd. 181. VKM Foods Private Limited 182. VRC Marine Foods LLP 183. West Coast Fine Foods (India) Private Limited 184. West Coast Frozen Foods Private Limited 185. Zeal Aqua Limited [FR Doc. 2023-18915 Filed 8-31-23; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR

Citation graph

cites case law

Notices

Enforcement and Compliance, International Trade Administration, Department of Commerce

Cites 4Cited by 0 across 0 sources