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Notice

Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

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Start Preamble

AGENCY:

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

SUMMARY:

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The review covers 231 producers and/or exporters of the subject merchandise. The Department selected two mandatory respondents for individual examination: Falcon Marine Start Printed Page 12545Exports Limited and its affiliate K.R. Enterprises (collectively, Falcon); and the Liberty Group, which consists of: Devi Marine Food Exports Private Ltd.; Kader Exports Private Limited; Kader Investment and Trading Company Private Limited; Liberty Frozen Foods Pvt. Ltd.; Liberty Oil Mills Ltd.; Premier Marine Products Private Limited; and Universal Cold Storage Private Limited. The period of review (POR) is February 1, 2015, through January 31, 2016. 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.

DATES:

Effective March 6, 2017.

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FOR FURTHER INFORMATION CONTACT:

Blaine Wiltse or Manuel Rey, 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) 482-6345 or (202) 482-5518, respectively.

Scope of the Order

The merchandise subject to the order is certain frozen warmwater shrimp.[1] 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.

Methodology

The Department 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.

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 as 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, 2015, through January 31, 2016, as follows:

Exporter/ProducerWeighted- average dumping margin (percent)
Falcon Marine Exports Limited/K.R. Enterprises1.07
The Liberty Group0.00

Review-Specific Average Rate Applicable to the Following Companies: [2]

Exporter/ProducerWeighted- average dumping margin (percent)
Abad Fisheries1.07
Adilakshmi Enterprises1.07
Akshay Food Impex Pvt., Limited1.07
Alashore Marine Exports (P) Ltd1.07
Allana Frozen Foods Pvt. Ltd1.07
Allanasons Ltd1.07
AMI Enterprises1.07
Amulya Seafoods1.07
Anand Aqua Exports1.07
Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods1.07
Ananda Enterprises (India) Private Limited1.07
Angelique Intl1.07
Anjaneya Seafoods1.07
Apex Frozen Foods Private Limited1.07
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Aquatica Frozen Foods Global Pvt. Ltd1.07
Arvi Import & Export1.07
Asvini Exports1.07
Asvini Fisheries Private Limited1.07
Avanti Feeds Limited1.07
Ayshwarya Seafood Private Limited1.07
B-One Business House Pvt. Ltd1.07
B R Traders1.07
Baby Marine Exports1.07
Baby Marine International1.07
Baby Marine Sarass1.07
Baby Marine Ventures1.07
Balasore Marine Exports Private Limited1.07
Bay Seafoods1.07
Bhatsons Aquatic Products1.07
Bhavani Seafoods1.07
Bijaya Marine Products1.07
Blue Fin Frozen Foods Pvt. Ltd1.07
Blue Water Foods & Exports P. Ltd1.07
Bluepark Seafoods Private Ltd1.07
BMR Exports1.07
BMR Industries Private Limited1.07
Britto Exports1.07
C P Aquaculture (India) Ltd1.07
Calcutta Seafoods Pvt. Ltd1.07
Canaan Marine Products1.07
Capithan Exporting Co1.07
Cargomar Private Limited1.07
Castlerock Fisheries Ltd1.07
Chemmeens (Regd)1.07
Cherukattu Industries (Marine Div.)1.07
Choice Canning Company1.07
Choice Trading Corporation Private Limited1.07
Coastal Aqua1.07
Coastal Corporation Ltd1.07
Cochin Frozen Food Exports Pvt. Ltd1.07
Coreline Exports1.07
Corlim Marine Exports Pvt. Ltd1.07
D2 D Logistics Private Limited1.07
Damco India Private Limited1.07
Delsea Exports Pvt. Ltd1.07
Devi Aquatech Private Limited1.07
Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods1.07
Devi Sea Foods Limited 31.07
Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company1.07
Esmario Export Enterprises1.07
Exporter Coreline Exports1.07
Febin Marine Foods1.07
Five Star Marine Exports Private Limited1.07
Forstar Frozen Foods Pvt. Ltd1.07
Frontline Exports Pvt. Ltd1.07
G A Randerian Ltd1.07
Gadre Marine Exports1.07
Galaxy Maritech Exports P. Ltd1.07
Gayatri Seafoods1.07
Geo Aquatic Products (P) Ltd1.07
Geo Seafoods1.07
Goodwill Enterprises1.07
Grandtrust Overseas (P) Ltd1.07
GVR Exports Pvt. Ltd1.07
Haripriya Marine Export Pvt. Ltd1.07
Harmony Spices Pvt. Ltd1.07
HIC ABF Special Foods Pvt. Ltd1.07
Hindustan Lever, Ltd1.07
Hiravata Ice & Cold Storage1.07
Hiravati Exports Pvt. Ltd1.07
Hiravati International Pvt. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India)1.07
Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India)1.07
IFB Agro Industries Ltd1.07
Indian Aquatic Products1.07
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Indo Aquatics1.07
Indo Fisheries1.07
Indo French Shellfish Company Private Limited1.07
Innovative Foods Limited1.07
International Freezefish Exports1.07
Interseas1.07
ITC Limited, International Business1.07
ITC Ltd1.07
Jagadeesh Marine Exports1.07
Jaya Satya Marine Exports1.07
Jaya Satya Marine Exports Pvt. Ltd1.07
Jaya Lakshmi Sea Foods Pvt. Limited1.07
Jinny Marine Traders1.07
Jiya Packagings1.07
K R M Marine Exports Ltd1.07
K V Marine Exports1.07
Kalyan Aqua & Marine Exp. India Pvt. Ltd1.07
Kalyanee Marine1.07
Kanch Ghar1.07
Karunya Marine Exports Private Limited1.07
Kay Kay Exports1.07
Kay Kay Exports (Kay Kay Foods)1.07
Kings Marine Products1.07
KNC Agro Limited1.07
Koluthara Exports Ltd1.07
Landauer Ltd1.07
Libran Cold Storages (P) Ltd1.07
Magnum Estates Limited1.07
Magnum Export1.07
Magnum Sea Foods Limited1.07
Malabar Arabian Fisheries1.07
Malnad Exports Pvt. Ltd1.07
Mangala Marine Exim India Pvt. Ltd1.07
Mangala Seafoods1.07
Mangala Sea Products1.07
Marine Harvest India1.07
Meenaxi Fisheries Pvt. Ltd1.07
Milesh Marine Exports Private Limited1.07
MSRDR Exports1.07
MTR Foods1.07
Munnangi Sea Foods Pvt. Ltd1.07
N.C. John & Sons (P) Ltd1.07
Naga Hanuman Fish Packers1.07
Naik Frozen Foods Private Limited1.07
Naik Seafoods Ltd1.07
Navayuga Exports1.07
Neeli Aqua Private Limited1.07
Nekkanti Sea Foods Limited1.07
Nezami Rekha Sea Foods Private Limited1.07
NGR Aqua International1.07
Nila Sea Foods Exports1.07
Nila Sea Foods Pvt. Ltd1.07
Nine Up Frozen Foods1.07
Nutrient Marine Foods Ltd1.07
Oceanic Edibles International Limited1.07
Overseas Marine Export1.07
Paragon Sea Foods Pvt. Ltd1.07
Paramount Seafoods1.07
Parayil Food Products Pvt. Ltd1.07
Penver Products Pvt. Ltd1.07
Pesca Marine Products Pvt. Ltd1.07
Pijikay International Exports P Ltd1.07
Pisces Seafood International1.07
Premier Exports International1.07
Premier Marine Foods1.07
Premier Seafoods Exim (P) Ltd1.07
R V R Marine Products Limited1.07
Raa Systems Pvt. Ltd1.07
Raju Exports1.07
Ram's Assorted Cold Storage Ltd1.07
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Raunaq Ice & Cold Storage1.07
Raysons Aquatics Pvt. Ltd1.07
Razban Seafoods Ltd1.07
RBT Exports1.07
RDR Exports1.07
RF Exports1.07
Riviera Exports Pvt. Ltd1.07
Rohi Marine Private Ltd1.07
S & S Seafoods1.07
S Chanchala Combines1.07
S.A. Exports1.07
S.J. Seafoods1.07
Safa Enterprises1.07
Sagar Foods1.07
Sagar Grandhi Exports Pvt. Ltd1.07
Sagar Samrat Seafoods1.07
Sagarvihar Fisheries Pvt. Ltd1.07
Sai Marine Exports Pvt. Ltd1.07
Sai Sea Foods1.07
Salvam Exports (P) Ltd1.07
Sanchita Marine Products Private Limited1.07
Sandhya Aqua Exports1.07
Sandhya Aqua Exports Pvt. Ltd1.07
Sandhya Marines Limited1.07
Santhi Fisheries & Exports Ltd1.07
Sarveshwari Exports1.07
Sawant Food Products1.07
Sea Foods Private Limited1.07
Seagold Overseas Pvt. Ltd1.07
Selvam Exports Private Limited1.07
Sharat Industries Ltd1.07
Sharma Industries1.07
Shimpo Exports Pvt. Ltd1.07
Shippers Exports1.07
Shiva Frozen Food Exports Pvt. Ltd1.07
Shree Datt Aquaculture Farms Pvt. Ltd1.07
Shroff Processed Food & Cold Storage P Ltd1.07
Silver Seafood1.07
Sita Marine Exports1.07
Sowmya Agri Marine Exports1.07
Sprint Exports Pvt. Ltd1.07
Sri Chandrakantha Marine Exports1.07
Sri Sakkthi Cold Storage1.07
Sri Satya Marine Exports1.07
Sri Venkata Padmavathi Marine Foods Pvt. Ltd1.07
Srikanth International1.07
Star Agro Marine Exports Private Limited1.07
Star Organic Foods Incorporated1.07
Sterling Foods1.07
Sun-Bio Technology Ltd1.07
Sunrise Aqua Food Exports1.07
Supran Exim Private Limited1.07
Suryamitra Exim Pvt. Ltd1.07
Suvarna Rekha Exports Private Limited1.07
Suvarna Rekha Marines P Ltd1.07
TBR Exports Pvt Ltd1.07
Teekay Marine P Ltd1.07
The Waterbase Ltd1.07
Triveni Fisheries P Ltd1.07
U & Company Marine Exports1.07
Uniroyal Marine Exports Ltd1.07
Unitriveni Overseas1.07
V V Marine Products1.07
V.S. Exim Pvt Ltd1.07
Vasista Marine1.07
Veejay Impex1.07
Veerabhadra Exports Private Limited1.07
Veronica Marine Exports Private Limited1.07
Victoria Marine & Agro Exports Ltd1.07
Vinner Marine1.07
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Vishal Exports1.07
Vitality Aquaculture Pvt., Ltd1.07
Wellcome Fisheries Limited1.07
West Coast Frozen Foods Private Limited1.07
Z A Sea Foods Pvt. Ltd1.07

Disclosure and Public Comment

The Department 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 the Department no later than seven days after the date of the final verification report issued in this review. 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.[5] 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.[6] Case and rebuttal briefs should be filed using ACCESS.[7]

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 p.m. Eastern Time within 30 days after the date of publication of this notice.[8] 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.[9]

The Department 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.

Assessment Rates

Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.

Pursuant to 19 CFR 351.212(b)(1), because Falcon and the Liberty Group reported the entered value for all of 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), 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 [10] of the cash deposit rates calculated for the companies selected for mandatory review (i.e., Falcon and the Liberty Group), 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.[11]

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.[12] These deposit requirements, when imposed, shall remain in effect until further notice.

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.Start Printed Page 12550

We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

Start Signature

Dated: February 28, 2017.

Ronald K. Lorentzen,

Acting Assistant Secretary for Enforcement and Compliance.

End Signature

Appendix—List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary

2. Background

3. Scope of the Order

4. Discussion of the Methodology

a. Normal Value Comparisons

b. Determination of Comparison Method

c. Results of Differential Pricing Analysis

d. Product Comparisons

e. Export Price

f. Normal Value

i. Home Market Viability and Comparison Market

ii. Level of Trade

iii. Cost of Production Analysis

1. Calculation of Cost of Production

2. Test of Comparison Market Sales Prices

3. Results of the COP Test

iv. Calculation of Normal Value Based on Comparison Market Prices

v. Calculation of Normal Value Based on Constructed Value

5. Currency Conversion

6. Recommendation

End Further Info End Preamble

Footnotes

1.  For a complete description of the Scope of the Order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Decision Memorandum for the Preliminary Results of the 2015-2016 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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2.  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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3.  Shrimp produced and exported by Devi Sea Foods (Devi) was excluded from the AD Indian order effective February 1, 2009. See Certain Frozen Warmwater Shrimp from India: Final Results of 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 are conducting 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).

4.  See 19 CFR 351.224(b).

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6.  See 19 CFR 351.309(c)(2) and (d)(2).

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10.  This rate will be calculated as discussed in footnote 2, above.

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11.  See section 751(a)(2)(C) of the Act.

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12.  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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[FR Doc. 2017-04282 Filed 3-3-17; 8:45 am]

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