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Notice

Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

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Start Preamble

AGENCY:

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

SUMMARY:

The Department of Commerce (Commerce) preliminarily determines that certain frozen warmwater shrimp (shrimp) from India is being, or is likely to be, sold in the United States at less than normal value during the period of review (POR) February 1, 2016, through January 31, 2017.

DATES:

Applicable March 12, 2018.

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FOR FURTHER INFORMATION CONTACT:

Manuel Rey or Brittany Bauer, 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) 482-5518 or (202) 482-3860, respectively.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Background

Commerce is conducting an administrative review of the antidumping duty order on shrimp from India. The review covers 231 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods/Devi Aquatech Private Limited (collectively, Devi); and 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/Universal Cold Storage Private Limited (collectively, Liberty Group). The POR is February 1, 2016, through January 31, 2017.

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.[1]

Scope of the Order

The merchandise subject to the order is certain frozen warmwater shrimp.[2] 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

Commerce 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 Start Printed Page 10666Memorandum 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, 2016, through January 31, 2017, as follows:

Exporter/producerWeighted- average dumping margin (percent)
Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods/Devi Aquatech Private Limited2.34
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/Universal Cold Storage Private Limited0.00

Review-Specific Average Rate Applicable to the Following Companies: [3]

Exporter/producerWeighted- average dumping margin (percent)
Abad Fisheries2.34
Akshay Food Impex Private Limited2.34
Alashore Marine Exports (P) Ltd2.34
Alpha Marine2.34
Allana Frozen Foods Pvt. Ltd2.34
Allanasons Ltd2.34
AMI Enterprises2.34
Amulya Seafoods2.34
Amarsagar Seafoods Private Limited2.34
Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods2.34
Ananda Enterprises (India) Private Limited2.34
Angelique Intl2.34
Anjaneya Seafoods2.34
Apex Frozen Foods Private Limited2.34
Aquatica Frozen Foods Global Pvt. Ltd2.34
Arya Sea Foods Private Limited2.34
Asvini Exports2.34
Avanti Feeds Limited/Avanti Frozen Foods Private Limited2.34
Asvini Fisheries Ltd/Asvini Fisheries Private Limited2.34
Ayshwarya Seafood Private Limited2.34
B-One Business House Pvt. Ltd2.34
B R Traders2.34
Baby Marine Exports2.34
Baby Marine International2.34
Baby Marine Sarass2.34
Baby Marine Ventures2.34
Balasore Marine Exports Private Limited2.34
Bay Seafoods2.34
Bhatsons Aquatic Products2.34
Bhavani Seafoods2.34
Bijaya Marine Products2.34
Blue Fin Frozen Foods Pvt. Ltd2.34
Blue Water Foods & Exports P. Ltd2.34
Bluepark Seafoods Private Ltd2.34
BMR Exports2.34
BMR Industries Private Limited2.34
Britto Exports2.34
C P Aquaculture (India) Ltd2.34
Calcutta Seafoods Pvt. Ltd2.34
Canaan Marine Products2.34
Capithan Exporting Co2.34
Cargomar Private Limited2.34
Castlerock Fisheries Ltd2.34
Chakri Fisheries Private Limited2.34
Chemmeens (Regd)2.34
Cherukattu Industries (Marine Div.)2.34
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Choice Trading Corporation Private Limited2.34
Coastal Aqua2.34
Coastal Corporation Ltd2.34
Cochin Frozen Food Exports Pvt. Ltd2.34
Coreline Exports2.34
Corlim Marine Exports Pvt. Ltd2.34
Crystal Sea Foods Private Limited2.34
D2 D Logistics Private Limited2.34
Damco India Private Limited2.34
Delsea Exports Pvt. Ltd2.34
Devi Sea Foods Limited 42.34
Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company2.34
Esmario Export Enterprises2.34
Exporter Coreline Exports2.34
Falcon Marine Exports Limited/K.R. Enterprises2.34
Febin Marine Foods2.34
Five Star Marine Exports Private Limited2.34
Forstar Frozen Foods Pvt. Ltd2.34
Frontline Exports Pvt. Ltd2.34
G A Randerian Ltd2.34
Gadre Marine Exports2.34
Galaxy Maritech Exports P. Ltd2.34
Geo Aquatic Products (P) Ltd2.34
Geo Seafoods2.34
Goodwill Enterprises2.34
Grandtrust Overseas (P) Ltd2.34
Growel Processors Private Limited2.34
GVR Exports Pvt. Ltd2.34
Haripriya Marine Export Pvt. Ltd2.34
Harmony Spices Pvt. Ltd2.34
HIC ABF Special Foods Pvt. Ltd2.34
Hiravata Ice & Cold Storage2.34
Hiravati Exports Pvt. Ltd2.34
Hiravati International Pvt. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India)2.34
Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India)2.34
HN Indigos Private Limited2.34
Hyson Logistics and Marine Exports Private Limited2.34
IFB Agro Industries Ltd2.34
Indian Aquatic Products2.34
Indo Aquatics2.34
Indo Fisheries2.34
Indo French Shellfish Company Private Limited2.34
Innovative Foods Limited2.34
International Freezefish Exports2.34
Interseas2.34
ITC Limited, International Business2.34
ITC Ltd2.34
Jagadeesh Marine Exports2.34
Jayalakshmi Sea Foods Pvt. Ltd2.34
Jinny Marine Traders2.34
Jiya Packagings2.34
K V Marine Exports2.34
Kalyan Aqua & Marine Exp. India Pvt. Ltd2.34
Kalyanee Marine2.34
Kanch Ghar2.34
Karunya Marine Exports Private Limited2.34
Kay Kay Exports2.34
Kings Marine Products2.34
KNC Agro Limited2.34
Koluthara Exports Ltd2.34
Landauer Ltd2.34
Libran Cold Storages (P) Ltd2.34
Magnum Estates Limited2.34
Magnum Export2.34
Magnum Sea Foods Limited2.34
Malabar Arabian Fisheries2.34
Malnad Exports Pvt. Ltd2.34
Mangala Marine Exim India Pvt. Ltd2.34
Mangala Sea Foods2.34
Mangala Sea Products2.34
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Marine Harvest India2.34
Meenaxi Fisheries Pvt. Ltd2.34
Milesh Marine Exports Private Limited2.34
Monsun Foods Pvt Ltd2.34
MTR Foods2.34
Munnangi Sea Foods Pvt. Ltd2.34
N.C. John & Sons (P) Ltd2.34
Naga Hanuman Fish Packers2.34
Naik Frozen Foods Private Limited2.34
Naik Seafoods Ltd2.34
Naik Oceanic Exports Pvt. Ltd/Rafiq Naik Exports Pvt. Ltd2.34
Neeli Aqua Private Limited2.34
Nekkanti Sea Foods Limited2.34
Nezami Rekha Sea Foods Private Limited2.34
NGR Aqua International2.34
Nila Sea Foods Pvt. Ltd2.34
Nine Up Frozen Foods2.34
Nutrient Marine Foods Ltd2.34
Oceanic Edibles International Limited2.34
Paragon Sea Foods Pvt. Ltd2.34
Paramount Seafoods2.34
Parayil Food Products Pvt. Ltd2.34
Pasupati Aquatics Private Limited2.34
Penver Products Pvt. Ltd2.34
Pesca Marine Products Pvt. Ltd2.34
Pijikay International Exports P Ltd2.34
Pisces Seafood International2.34
Pravesh Seafood Private Limited2.34
Premier Exports International2.34
Premier Marine Foods2.34
Premier Seafoods Exim (P) Ltd2.34
R V R Marine Products Limited2.34
Raa Systems Pvt. Ltd2.34
Raju Exports2.34
Ram's Assorted Cold Storage Ltd2.34
Raunaq Ice & Cold Storage2.34
Raysons Aquatics Pvt. Ltd2.34
Razban Seafoods Ltd2.34
RBT Exports2.34
RDR Exports2.34
RF Exports2.34
Riviera Exports Pvt. Ltd2.34
Rohi Marine Private Ltd2.34
Royal Marine Impex Private Limited2.34
Royale Marine Impex Pvt. Ltd2.34
RSA Marines2.34
S & S Seafoods2.34
S Chanchala Combines2.34
S. A. Exports2.34
Safa Enterprises2.34
Sagar Foods2.34
Sagar Grandhi Exports Pvt. Ltd2.34
Sagar Samrat Seafoods2.34
Sagarvihar Fisheries Pvt. Ltd2.34
Sai Marine Exports Pvt. Ltd2.34
Sai Sea Foods2.34
Salvam Exports (P) Ltd2.34
Sanchita Marine Products Private Limited2.34
Sandhya Aqua Exports2.34
Sandhya Aqua Exports Pvt. Ltd2.34
Sandhya Marines Limited2.34
Santhi Fisheries & Exports Ltd2.34
Sarveshwari Exports2.34
Sea Foods Private Limited2.34
Seagold Overseas Pvt. Ltd2.34
Selvam Exports Private Limited2.34
Sharat Industries Ltd2.34
Sharma Industries2.34
Shimpo Exports Pvt. Ltd2.34
Shimpo Seafoods Private Limited2.34
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Shiva Frozen Food Exports Pvt. Ltd2.34
Shree Datt Aquaculture Farms Pvt. Ltd2.34
Shroff Processed Food & Cold Storage P Ltd2.34
Silver Seafood2.34
Sita Marine Exports2.34
Southern Tropical Foods Pvt. Ltd2.34
Sowmya Agri Marine Exports2.34
Sprint Exports Pvt. Ltd2.34
Sri Sakkthi Cold Storage2.34
Sri Venkata Padmavathi Marine Foods Pvt. Ltd2.34
Srikanth International2.34
Star Agro Marine Exports Private Limited2.34
Star Organic Foods Incorporated2.34
Star Organic Foods Private Limited2.34
Sterling Foods2.34
Sun-Bio Technology Ltd2.34
Sunrise Aqua Food Exports2.34
Supran Exim Private Limited2.34
Suryamitra Exim (P) Ltd2.34
Suvarna Rekha Exports Private Limited2.34
Suvarna Rekha Marines P Ltd2.34
TBR Exports Pvt Ltd2.34
Teekay Marine P. Ltd2.34
The Waterbase Limited2.34
Triveni Fisheries P Ltd2.34
U & Company Marine Exports2.34
Ulka Sea Foods Private Limited2.34
Uniroyal Marine Exports Ltd2.34
Unitriveni Overseas2.34
V V Marine Products2.34
V.S. Exim Pvt Ltd2.34
Vasai Frozen Food Co2.34
Vasista Marine2.34
Veejay Impex2.34
Veerabhadra Exports Private Limited2.34
Veronica Marine Exports Private Limited2.34
Victoria Marine & Agro Exports Ltd2.34
Vinner Marine2.34
Vitality Aquaculture Pvt., Ltd2.34
Wellcome Fisheries Limited2.34
West Coast Fine Foods (India) Private Limited2.34
West Coast Frozen Foods Private Limited2.34
Z A Sea Foods Pvt. Ltd2.34

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.[5] Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.[6] 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.[7] 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.[8] Case and rebuttal briefs should be filed using ACCESS.[9]

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 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.[10] 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.[11]

Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later Start Printed Page 10670than 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, Commerce 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 Devi and the Liberty Group reported the entered value for of their all their U.S. sales, we will calculate 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 [12] of the cash deposit rates calculated for the companies selected for mandatory review (i.e., Devi 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.[13]

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.[14] 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.

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

Start Signature

Dated: March 5, 2018.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the 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. Affiliation and Collapsing

a. Legal Framework

b. Affiliation and Single Entity Analysis

5. Determination Not To Select Falcon As a Voluntary Respondent

6. Discussion of the Methodology

7. Normal Value Comparisons

a. Determination of Comparison Method

b. Results of Differential Pricing Analysis

c. Product Comparisons

d. Export Price

e. 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

8. Currency Conversion

9. Recommendation

End Supplemental Information

Footnotes

1.  Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the preliminary results of this review is now March 5, 2018. See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days.

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2.  For a complete description of the Scope of the Order, see Memorandum, “Decision Memorandum for the Preliminary Results of the 2016-2017 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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3.  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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4.  Shrimp produced and exported by Devi Sea Foods was excluded from the antidumping duty 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 Sea Foods only for shrimp produced in India where Devi Sea Foods acted as either the manufacturer or exporter (but not both).

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

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12.  This rate will be calculated as discussed in the “Preliminary Results of the Review” section, above.

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

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14.  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. 2018-04894 Filed 3-9-18; 8:45 am]

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