Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2015-2016

AGENCY:

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

SUMMARY:

On March 6, 2017, the Department of Commerce (the Department) published the preliminary results of the 2015-2016 administrative review of the antidumping duty order on certain frozen warmwater shrimp from Thailand. The review covers 160 producers/exporters of the subject merchandise. The period of review (POR) is February 1, 2015, through January 31, 2016.

We gave interested parties an opportunity to comment on the preliminary results. After analyzing the comments received, our final results remain unchanged from the preliminary results. Finally, we find that four companies had no shipments of subject merchandise during the POR.

DATES:

Effective July 3, 2017.

FOR FURTHER INFORMATION CONTACT:

Andrew Medley or Alice Maldonado, 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) 482-4987 and (202) 482-4682, respectively.

SUPPLEMENTARY INFORMATION:

Background

The review covers 160 producers/exporters of the subject merchandise. The respondents which the Department selected for individual examination are Mayao and Thai Union/Pakfood. The respondents which were not selected for individual examination are listed in the “Final Results of the Review” section of this notice.

On March 6, 2017, the Department published the Preliminary Results. We invited parties to comment on the preliminary results of the review. In April 2017, we received a case brief from Mayao and certain of the individual companies comprising Thai Union/Pakfood (collectively, the respondents); we also received a rebuttal brief from the Ad Hoc Shrimp Trade Action Committee (the petitioner). The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the 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: 0306.17.00.03, 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 customs purposes, the written product description remains dispositive.

Analysis of Comments Received

All issues raised in the case briefs by parties are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum. Parties can find a complete discussion of these issues and the corresponding recommendations in the Issues and Decision memorandum, which 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 , 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/ . The signed and electronic versions of the Issues and Decision Memorandum are identical in content.

Determination of No Shipments

As noted in the Preliminary Results, we received no shipment claims from five companies involved in this administrative review: Calsonic Kansei (Thailand) Co., Ltd. (Calsonic Kansei); Grobest Frozen Foods Co., Ltd. (Grobest); Lucky Union Foods Co., Ltd. (Lucky Union); Marine Gold Products Ltd. (Marine Gold); and Thai Union Manufacturing Company Limited (Thai Union Manufacturing). In the Preliminary Results, we preliminarily determined that four of these companies (i.e., Calsonic Kansei, Lucky Union, Marine Gold, and Thai Union Manufacturing) had no reviewable transactions during the POR. We received no comments from interested parties with respect to these claims. Therefore, because the record indicates that these companies did not export subject merchandise to the United States during the POR, we continue to find that Calsonic Kansei, Lucky Union, Marine Gold, and Thai Union Manufacturing had no reviewable transactions during the POR.

With respect to the remaining company (i.e., Grobest), in the Preliminary Results, we found insufficient evidence on the record to conclude that this company made no shipments of subject merchandise during the POR. As a result, we preliminarily included Grobest in the administrative review. Because we received no comments from interested parties with respect to this determination, we continue to include Grobest in this administrative review.

Final Results of the Review

We are assigning the following dumping margins to the respondents for the period February 1, 2015, through January 31, 2016, as follows:

Review-Specific Average Rate Applicable to the Following Non-Selected Companies:

Assessment Rates

The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), where Mayao and Thai Union/Pakfood 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 Mayao and Thai Union/Pakfood did not report entered value, we calculated the entered value in order to calculate the assessment rates.

For the companies which were not selected for individual examination, we used as the assessment rate the average of the cash deposit rates calculated for Mayao and Thai Union/Pakfood.

Consistent with our established practice, for entries of subject merchandise during the POR produced by Mayao, Thai Union/Pakfood, or any of the companies with accepted no shipment claims for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediate company(ies) involved in the transaction.

The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review.

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; (2) for previously reviewed or investigated companies not listed above, as well as those companies listed in the “Determination of No Shipments” section, the cash deposit rate 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 original less-than-fair value 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 5.34 percent, the all-others rate made effective by the Section 129 Determination. These deposit requirements, when imposed, shall remain in effect until further notice.

Notification to Importers

This notice serves as the only 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 the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

Notification Regarding 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). 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

We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h).

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Discussion of the Issues

General Issues

1. Differential Pricing Methodology

2. Ministerial Errors in Draft Customs Instructions

Company-Specific Issues

3. Cost Database for Thai Union/Pakfood

4. General and Administrative Expenses for Thai Union/Pakfood

V. Recommendation