[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83891-83894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) finds that Shantou Red 
Garden Food Processing Co., Ltd. (Shantou RGFP) is not the successor in 
interest to Red Garden Food Processing Co., Ltd. Additionally, we find 
that that Shantou RGFP and Shantou Red Garden Foodstuff Co., Ltd. 
(collectively, Shantou Red Garden Foods) made sales of certain frozen 
warmwater shrimp (shrimp) from the People's Republic of China (China) 
at less than normal value during the period of review (POR) February 1, 
2018 through January 31, 2019.

DATES: Applicable December 23, 2020.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-8194.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of the administrative 
review of the antidumping duty order on shrimp from China on March 5, 
2020.\1\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days.\2\ On July 21, 2020, Commerce tolled 
all deadlines in administrative reviews by an additional 60 days.\3\ 
Commerce extended the deadline for the final results further by 60 days 
on October 2, 2020.\4\ The deadline for the final results of this 
review is now December 21, 2020. For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\5\
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    \1\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 85 FR 12894 (March 5, 2020) (Preliminary Results).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated July 22, 2020.
    \4\ See Memorandum, ``Frozen Warmwater Shrimp from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2018-2019,'' dated October 
2, 2020.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Frozen Warmwater Shrimp from the People's Republic of China; 
2018-2019,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \6\
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    \6\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from the People's Republic of China, 70 FR 5149 (February 1, 
2005) (Order).
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    The scope of the Order includes certain frozen warmwater shrimp and 
prawns, whether wild caught (ocean harvested) or farm raised (produced 
by aquaculture), head on or head off, shell on or peeled, tail on or 
tail off, deveined or not deveined, cooked or raw, or otherwise 
processed in frozen form. For a full description of the scope, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided in the Appendix to this notice. 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 http://access.trade.gov. In addition, a complete

[[Page 83892]]

version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Affiliation and Single Entity Determination

    On April 29, 2020, Commerce preliminarily found that Shantou RGFP 
and Shantou Red Garden Foodstuff Co., Ltd. are affiliated pursuant to 
section 771(33) of the Tariff Act of 1930, as amended (the Act) and 
should be treated as a single entity for purposes of this antidumping 
duty proceeding pursuant to 19 CFR 351.401(f).\7\ No interested party 
commented on this treatment of Shantou Red Garden Foods, and this 
finding remains unchanged for these final results.
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    \7\ See Memorandum, ``Affiliation and Collapsing of Shantou Red 
Garden Food Processing Co., Ltd. with Shantou Red Garden Foodstuff 
Co., Ltd.,'' dated April 29, 2020.
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Final Determination of No Shipments

    In the Preliminary Results, we found no evidence calling into 
question the no-shipment claims of the following companies: (1) Allied 
Pacific Aquatic Products (Zhanjiang) Co., Ltd.; (2) Allied Pacific Food 
(Dalian) Co., Ltd.; and (3) Allied Pacific (HK) Co., Ltd. No parties 
commented on this preliminary decision. For the final results of this 
review, we continue to find that these companies had no shipments of 
subject merchandise to the United States during the POR.

Changes Since the Preliminary Results

    After evaluating the comments received from interested parties and 
record information, we have made two changes to the Preliminary 
Results. First, we have elected to use Shantou Red Garden Foods' most 
recently-submitted factors of production (FOP) database in calculating 
its final weighted-average dumping margin. Second, we have determined 
that the use of partial adverse facts available (AFA), pursuant to 
sections 776(a)-(b) of the Act, is appropriate when determining the 
weighted-average distance of shrimp suppliers to Shantou Red Garden 
Foods' factory. For a more detailed discussion of these changes, see 
the Final Analysis Memorandum.\8\
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    \8\ See Memorandum, ``Final Analysis Memorandum for Shantou Red 
Garden Food Processing Co., Ltd. and Shantou Red Garden Foodstuff 
Co., Ltd.,'' dated concurrently with, and hereby adopted by, this 
notice (Final Analysis Memorandum).
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Separate Rate

    In the Preliminary Results, we found that information placed on the 
record by Shantou Red Garden Foods demonstrated that this entity is 
entitled to separate rate status, which we preliminarily granted.\9\ 
The American Shrimp Processors Association (ASPA) argued that Shantou 
Red Garden Foods failed to fully cooperate in responding to Commerce's 
questions regarding its ownership, control, and history, and that, as a 
result, Commerce should find that Shantou Red Garden Foods' information 
is unreliable, rendering it ineligible for a separate rate.\10\ For the 
final results, we continue to find that Shantou Red Garden Foods is 
eligible for a separate rate. For a more detailed discussion of this 
issue, see Issues and Decision Memorandum.
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    \9\ See Preliminary Results, 85 FR at 12895.
    \10\ See ASPA's Case Brief, ``Certain Frozen Warmwater Shrimp 
from China: ASPA's Case Brief,'' dated May 13, 2020 at 3-19.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period February 1, 2018 through January 31, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Shantou Red Garden Food Processing Co., Ltd./Shantou Red          58.96
 Garden Foodstuff Co., Ltd.................................
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
this review, the entity is not under review and the entity's rate 
(i.e., 112.81 percent) is not subject to change.\12\
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    \11\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \12\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 57872 (September 26, 2014).
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    Aside from the no-shipment and separate rate companies discussed 
above, Commerce considers all other companies for which a review was 
requested (none of which filed a separate rate application) to be part 
of the China-wide entity.\13\ This includes Shantou Yuexing Enterprise 
Company, a company that is under review that had previously been 
granted a separate rate \14\ but that failed to submit either a no 
shipment certification or a separate rate certification in this review. 
No parties commented on this preliminary decision. For the final 
results of this review, we continue to find that these companies 
(identified in Appendix II) should be treated as part of the China-wide 
entity.
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    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777, 18777-78, (May 2, 2019) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving {non-market economy{time}  
countries must complete, as appropriate, either a separate rate 
application or certification, as described below''). Companies that 
are subject to this administrative review that are considered to be 
part of the China-wide entity are identified in Appendix II.
    \14\ See, e.g., Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 79 FR 75787 (December 19, 2014).
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Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific assessment rates for merchandise subject 
to this review. We calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review on a per-unit 
(i.e., per-kilogram) basis. Specifically, we calculated a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and divided this amount by the 
total quantity sold to that importer (or customer) during the POR. To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculate importer- (or customer-) specific ad valorem ratios based on 
the estimated entered value. If an importer (or customer)-specific 
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce 
will instruct CBP to liquidate that importer's (or customer's) entries 
of subject merchandise without regard to antidumping duties.
    For entries that were not reported in the U.S. sales data submitted 
by Shantou Red Garden Foods during this review, Commerce will instruct 
CBP to

[[Page 83893]]

liquidate such entries at the rate for the China-wide entity.\15\
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    \15\ See 19 CFR 351.212(b)(1).
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    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this review in 
the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Shantou Red Garden 
Foods, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this review; (2) for 
previously investigated or reviewed Chinese and non-Chinese exporters 
not listed above that have received a separate rate in a prior segment 
of this proceeding, the cash deposit rate will continue to be the 
existing exporter-specific cash deposit rate published for the 
completed segment of the most recent period; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
the China-wide entity (this includes Shantou Yuexing Enterprise 
Company); and (4) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter that supplied that 
non-Chinese exporter. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice also 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Orders

    This notice also serves as a final 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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).

    Dated: December 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Consider Shantou Red Garden 
Foods' Ministerial Error Allegation
    Comment 2: Whether Commerce Should Apply AFA to Shantou Red 
Garden Foods
    Comment 3: Whether Commerce Has the Authority to Conduct a 
Successor-in-Interest (SII) Analysis Within the Context of an 
Administrative Review
    Comment 4: Whether Commerce's SII Analysis was Predicated on 
Erroneous Data
    Comment 5: Whether to Maintain the Existing Combination Rate
    Comment 6: Whether Truck Revenue Should Be Added to Gross Unit 
Price
    Comment 7: Whether Commerce Should Use Shantou Red Garden Foods' 
Revised FOP Database
VI. Recommendation

Appendix II

Companies Receiving the China-Wide Rate \16\
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    \16\ We removed all companies that are excluded from the order 
even though entries that are not exporter-producer specific to the 
exclusion language would fall under the rate assigned to the China-
wide entity.
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Asian Seafoods (Zhanjiang) Co., Ltd.
Beihai Anbang Seafood Co., Ltd.
Beihai Boston Frozen Food Co., Ltd.
Beihai Tianwei Aquatic Food Co. Ltd.
Changli Luquan Aquatic Products Co., Ltd.
Dalian Beauty Seafood Company Ltd.
Dalian Haiqing Food Co., Ltd.
Dalian Home Sea International Trading Co., Ltd.
Dalian Rich Enterprise Group Co., Ltd.
Dalian Shanhai Seafood Co., Ltd.
Dalian Taiyang Aquatic Products Co., Ltd.
Dandong Taihong Foodstuff Co., Ltd.
Food Processing Co., Ltd.
Fujian Chaohui Aquatic Food Co., Ltd.
Fujian Chaohui Group
Fujian Chaohui International Trading Co., Ltd.
Fujian Dongshan County Shunfa Aquatic Product Co., Ltd.
Fujian Dongya Aquatic Products Co., Ltd.
Fujian Fuding Seagull Fishing Food Co., Ltd.
Fujian Hainason Trading Co., Ltd.
Fujian Haohui Import & Export Co., Ltd.
Fujian Rongjiang Import and Export Co., Ltd.
Fujian Zhaoan Haili Aquatic Co., Ltd.
Fuqing Chaohui Aquatic Food Co., Ltd.
Fuqing Dongwei Aquatic Products Ind.
Fuqing Dongwei Aquatic Products Industry Co., Ltd.
Fuqing Longhua Aquatic Food Co., Ltd.
Fuqing Minhua Trade Co., Ltd.
Fuqing Yihua Aquatic Food Co., Ltd.
Guangdong Foodstuffs Import & Export (Group) Corporation.
Guangdong Gourmet Aquatic Products Co., Ltd.
Guangdong Jinhang Food Co., Ltd.
Guangdong Universal Aquatic Food Co. Ltd.
Guangdong Wanshida Holding Corp.
Guangdong Wanya Foods Fty. Co., Ltd.
HaiLi Aquatic Product Co., Ltd. Zhaoan Fujian.
Hainan Brich Aquatic Products Co., Ltd.
Hainan Golden Spring Foods Co., Ltd.
Huazhou Xinhai Aquatic Products Co. Ltd.
Leizhou Bei Bu Wan Sea Products Co., Ltd.
Longhai Gelin Foods Co., Ltd.
Maoming Xinzhou Seafood Co., Ltd.
New Continent Foods Co., Ltd.
North Seafood Group Co.
Penglai Huiyang Foodstuff Co., Ltd.
Qingdao Fusheng Foodstuffs Co., Ltd.
Qingdao Yihexing Foods Co., Ltd.
Qinhuangdao Gangwan Aquatic Products Co., Ltd.
Rizhao Rongxing Co. Ltd.
Rizhao Smart Foods Company Limited.
Rongcheng Yinhai Aquatic Product Co., Ltd.
Rushan Chunjiangyuan Foodstuffs Co.
Rushan Chunjiangyuan Foodstuffs Co., Ltd.
Savvy Seafood Inc.
Shanghai Zhoulian Foods Co., Ltd.
Shantou Freezing Aquatic Product Foodstuffs Co.
Shantou Jiazhou Food Industrial Co., Ltd.
Shantou Jintai Aquatic Product Industrial Co., Ltd.
Shantou Longsheng Aquatic Product Foodstuff Co., Ltd.
Shantou Ocean Best Seafood Corporation.
Shantou Ruiyuan Industry Co., Ltd.
Shantou Wanya Foods Fty. Co., Ltd.
Shantou Yuexing Enterprise Company.
Thai Royal Frozen Food Zhanjiang Co., Ltd.
Xiamen Granda Import and Export Co., Ltd.
Yangjiang Dawu Aquatic Products Co., Ltd.
Yangjiang Haina Datong Trading Co.
Yantai Wei Cheng Food Co., Ltd.
Yantai Wei-Cheng Food Co., Ltd.
Zhangzhou Donghao Seafoods Co., Ltd.
Zhangzhou Xinwanya Aquatic Product Co., Ltd.
Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd.
Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd.
Zhanjiang Fuchang Aquatic Products Freezing Plant.

[[Page 83894]]

Zhanjiang Longwei Aquatic Products Industry Co., Ltd.
Zhanjiang Newpro Foods Co., Ltd.
Zhanjiang Universal Seafood Corp.
Zhaoan Yangli Aquatic Co., Ltd.
Zhejiang Xinwang Foodstuffs Co., Ltd.
Zhoushan Genho Food Co., Ltd.
Zhoushan Green Food Co., Ltd.

[FR Doc. 2020-28402 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P