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Published Document: 2022-25053 (87 FR 68999)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On April 12, 2022, the Department of Commerce (Commerce) initiated an administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India for the period February 1, 2021, through January 31, 2022, for 261 companies. Because all interested parties timely withdrew their requests for administrative review for certain companies, we are rescinding this administrative review with respect to those companies. For a list of the companies for which we are rescinding this review,
see
Appendix I to this notice. For a list of the companies for which the review is continuing,
see
Appendix II to this notice.
DATES:
Applicable November 17, 2022.
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.
Background
On February 8, 2022, Commerce published in the
Federal Register
a notice of opportunity to request an administrative review of the antidumping duty order on frozen warmwater shrimp from India for the period February 1, 2021, through January 31, 2022.[1]
In February 2022, Commerce received timely requests, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), to conduct an administrative review of
( printed page 69000)
this antidumping duty order from the Ad Hoc Shrimp Trade Action Committee (the petitioner), the American Shrimp Processors Association (ASPA), and certain individual companies. Based upon these requests, on April 12, 2022, in accordance with section 751(a) of the Act, Commerce published in the
Federal Register
a notice of initiation listing 261 companies for which Commerce received timely requests for review.[2]
In July 2022, all interested parties timely withdrew their requests for an administrative review of certain companies.[3]
These companies are listed in Appendix I.
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. As noted above, certain parties withdrew their requests for review by the 90-day deadline. Accordingly, we are rescinding this administrative review with respect to the companies listed in Appendix I.
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after publication of this notice in the
Federal Register
.
Notification to Importers
This notice serves as a 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the 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 violation which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with section 751(a)(1) of the Act and 19 CFR 351.213(d)(4).
Dated: November 10, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
Akshay Food Impex Private Limited
Alashore Marine Exports (P) Ltd.
Alpha Marine
Ananda Enterprises (India) Private Limited
Ananda Group (comprised of Ananda Aqua Applications; Ananda Aqua Exports (P) Limited; and Ananda Foods)
Devi Fisheries Group (comprised of Devi Fisheries Limited; Satya Seafoods Private Limited;
Usha Seafoods; and Devi Aquatech Private Limited)
DSF Aquatech Private Limited
Falcon Marine Exports Limited/KR Enterprises
Five Star Marine Exports Private Limited
Forstar Frozen Foods Pvt. Ltd.
Geo Seafoods
Godavari Mega Aqua Food Park Private Limited
Growel Processors Private Limited
IFB Agro Industries Limited
ITC Ltd.
Jagadeesh Marine Exports
Jaya Lakshmi Sea Foods Pvt. Ltd.
KNC Agro Limited
The Kadalkanny Group (comprised of Diamond Seafoods Exports; Edhayam Frozen Foods Pvt.
Ltd.; Kadalkanny Frozen Foods; and Theva & Company)
Kalyan Aqua & Marine Exp. India Pvt. Ltd.
Liberty Group (comprised of Devi Marine Food Exports Private Ltd.; Kader Exports Private Limited; Kader Investment and Trading Company Private Limited; Liberty Frozen Foods Private Limited; Liberty Oil Mills Limited; Premier Marine Products Private Limited; and Universal Cold Storage Private Limited)
LNSK Green House Agro Products LLP
Magnum Export/Magnum Exports Pvt. Ltd.
Magnum Seafoods Limited/Magnum Estates Private Limited
3.
See
Devi Fisheries Limited's Letter, “Withdrawal of our request for Administrative Review for the period 02/01/21-01/31/22,” dated July 7, 2022; Nekkanti Sea Foods Limited's Letter, “Withdrawal of our request for Administrative Review for the period 02/01/21-01/31/22,” dated July 7, 2022; Magnum Export's Letter, “Withdrawal of our request for Administrative Review for the period 02/01/21-01/31/22,” dated July 7, 2022; ASPA's Letter, “American Shrimp Processors Association's Withdrawal of Review Requests,” dated July 7, 2022; Sea Foods Private Limited's Letter, “Withdrawal of our request for Administrative Review for the period 02/01/21-01/31/22,” dated July 7, 2022; Z.A. Sea Foods Pvt Ltd's Letter, “Withdrawal of our request for Administrative Review for the period 02/01/21-01/31/22,” dated July 7, 2022; Fourteen Indian Producers' Letter, “Withdrawal of Requests for Administrative Reviews for 14 Indian Producers/Exporters (02/01/21-01/31/22),” dated July 8, 2022; Petitioner's Letter, “Domestic Producers' Partial Withdrawal of Review Requests,” dated July 8, 2022; B-One Business House Pvt. Ltd.'s Letter, “B-One Withdrawal of Request for Review of the Antidumping Duty Order for period of February 01, 2021 to January 31, 2022,” dated July 11, 2022; Royal Oceans' Letter, “Royal Oceans Withdrawal of Request for Review of the Antidumping Duty Order for period of February 01, 2021 to January 31, 2022,” dated July 11, 2022; RSA Marines' Letter, “RSA Marines Withdrawal of Request for Review of the Antidumping Duty Order for period of February 01, 2021 to January 31, 2022,” dated July 11, 2022; Summit Marine Exports Private Limited's Letter, “Summit Marine Export Withdrawal of Request for Review of the Antidumping Duty Order for period of February 01, 202 to January 31, 2022,” dated July 11, 2022; and Magnum Sea Foods Limited's Letter, “Magnum's Withdrawal of Request for Review of the Antidumping Duty Order for period of February 01, 2021 to January 31, 2022,” dated July 11, 2022.
4.
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).
5.
We note that this company's name was incorrectly listed as Rajyalaksmi Marine Exports in the
Initiation Notice
and subsequently corrected.
See Initiation Notice,
87 FR at 21621; s
ee also Initiation of Antidumping and Countervailing Duty Administrative Reviews,87 FR 29280, 29282 (May 13, 2022).