Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce International Trade Administration [A-533-840]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The Department of Commerce (Commerce) determines that producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value during the period of review (POR), February 1, 2018 through January 31, 2019.
 DATES: Applicable December 29, 2020.
 FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Benjamin Luberda, 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) 482-3860 or (202) 482-2185, respectively.


SUPPLEMENTARY INFORMATION:  Background This administrative review covers 183 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Razban Seafoods Ltd. (Razban) and ZA Sea Foods Pvt. Ltd. (ZA Sea Foods). The producers/exporters not selected for individual examination are listed in the “Final Results of the Review” section of this notice. On March 6, 2020, Commerce published the 
                    *Preliminary Results.*[1]
                    
                     On April 10, 2020, we received a case brief from ZA Sea Foods and seven other Indian shrimp producers. On April 17, 2020, we received rebuttal briefs from the petitioner and the American Shrimp Processors Association.[2] On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.[3]
                    
                     On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.[4]
                    
                     On October 7, 2020, Commerce extended the final results of this review by 60 days.[5]
                    
                     The deadline for the final results of this review is now December 21, 2020. Commerce 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.[6]
                    
                     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 and rebuttal briefs are listed in Appendix I to this notice and addressed in the IDM. Parties can find a complete discussion of these issues and the corresponding recommendations in this public 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 
                    ( print page 85581)
                    at 
                    *http://access.trade.gov.*
                     In addition, a complete version of the IDM can be accessed directly at 
                    *http://enforcement.trade.gov/​frn/​index.html.*
                     The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our 
                    *Preliminary Results,*
                     we made certain changes to the preliminary weighted-average margin calculations for ZA Sea Foods and for those companies not selected for individual review.[7] Final Results of the Review We are assigning the following dumping margins to the firms listed below for the POR, February 1, 2018 through January 31, 2019: Producers/exporters
Weighted-
                             average  
                             dumping  
                             margin  
                             (percent)ZA Sea Foods Pvt. Ltd
3.06Companies Receiving a Review-Specific Average Rate 8
3.06
 We
                    
                     intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). Final Determination of No Shipments In the 
                    *Preliminary Results,*
                     Commerce determined that Razban made no shipments of the subject merchandise during the POR. As we have not received any information to contradict our preliminary finding, we continue to find that Razban did not have any shipments of subject merchandise during the POR and intend to issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of this review. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), because ZA Sea Foods reported the entered value for all its 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 the respondent's weighted-average dumping margin is zero or 
                    *de minimis*
                     within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or 
                    *de minimis,*
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Further, because we continue to find in these final results that Razban had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries that entered under its antidumping duty case number (
                    *i.e.,*
                     at the exporter's rate) at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For the companies that were not selected for individual examination, we used, as the assessment rate, the cash deposit rate assigned to ZA Sea Foods, in accordance with our practice.[9] Commerce's “reseller policy” will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (
                    *e.g.,*
                     a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.[10] Commerce 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, except if the rate is less than 0.50 percent (
                    *de minimis*
                     within the meaning of 19 CFR 351.106(c)(1)), the cash deposit will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a previous review, or the original 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 10.17 percent, the all-others rate established in the investigation.[11]
                    
                     These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 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. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the 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 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 351.221(b)(5). Dated: December 21, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance.
 Appendix I List of Topics Discussed in the IDM I. Summary
                        ( print page 85582) II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Differential Pricing Time Periods Comment 2: Use of Third-Country Sales as a Comparison Market Comment 3: Methodology for Constructed Value Profit and Selling Expenses Comment 4: Names in Customs Instructions V. Recommendation Appendix II Review-Specific Average Rate Applicable to the Following Companies: 12 Producers/exporters
Weighted-
                             average  
                             dumping  
                             margin  
                             (percent)Abad Fisheries
3.06Albys Agro Private Limited
3.06Allana Frozen Foods Pvt. Ltd
3.06Allanasons Ltd
3.06Amarsagar Seafoods Private Limited
3.06AMI Enterprises
3.06Amulya Seafoods
3.06Anatha Seafoods Private Limited
3.06Angelique International Ltd
3.06Ayshwarya Seafood Private Limited
3.06B R Traders
3.06Baby Marine Eastern Exports
3.06Baby Marine Exports
3.06Baby Marine International
3.06Baby Marine Sarass
3.06Baby Marine Ventures
3.06Balasore Marine Exports Private Limited
3.06Bell Exim Private Limited (Bells Foods (Marine Division))
3.06Bhatsons Aquatic Products
3.06Bhavani Seafoods
3.06Bijaya Marine Products
3.06Blue Fin Frozen Foods Pvt. Ltd
3.06Blue Water Foods & Exports P. Ltd
3.06B-One Business House Pvt. Ltd
3.06Britto Seafood Exports Pvt Ltd
3.06Canaan Marine Products
3.06Capithan Exporting Co
3.06Cargomar Private Limited
3.06Chakri Fisheries Private Limited
3.06Chemmeens (Regd)
3.06Cherukattu Industries (Marine Div)
3.06Cochin Frozen Food Exports Pvt. Ltd
3.06Continental Fisheries India Private Limited
3.06Coreline Exports
3.06Corlim Marine Exports Pvt. Ltd
3.06Crystal Sea Foods Private Limited
3.06D2 D Logistics Private Limited
3.06Damco India Private
3.06Delsea Exports Pvt. Ltd
3.06Devi Sea Foods Limited 13
3.06Entel Food Products Private Limited
3.06Esmario Export Enterprises
3.06Everblue Sea Foods Private Limited
3.06Exporter Coreline Exports
3.06Febin Marine Foods
3.06Five Star Marine Exports Private Limited
3.06Forstar Frozen Foods Pvt. Ltd
3.06Fouress Food Products Private Limited
3.06Frontline Exports Pvt. Ltd
3.06G A Randerian Ltd
3.06Gadre Marine Exports
3.06Galaxy Maritech Exports P. Ltd
3.06Geo Aquatic Products (P) Ltd
3.06Goodwill Enterprises
3.06Grandtrust Overseas (P) Ltd
3.06Green House Agro Products
3.06GVR Exports Pvt. Ltd
3.06Hari Marine Private Limited
3.06Haripriya Marine Export Pvt. Ltd
3.06Harmony Spices Pvt. Ltd
3.06HIC ABF Special Foods Pvt. Ltd
3.06Hindustan Lever, Ltd
3.06Hiravata Ice & Cold Storage
3.06( print page 85583)Hiravati Exports Pvt. Ltd
3.06Hiravati International Pvt. Ltd. (located at APM-Mafco Yard, Sector-18, Vashi, Navi, Mumbai-400 705, India)
3.06Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India)
3.06Hiravati Marine Products Private Limited
3.06HN Indigos Private Limited
3.06Hyson Logistics and Marine Exports Private Limited
3.06Indian Aquatic Products
3.06Indo Aquatics
3.06Indo Fisheries
3.06Indo French Shellfish Company Private Limited
3.06Innovative Foods Limited
3.06International Freezefish Exports
3.06Interseas
3.06Jinny Marine Traders
3.06Jiya Packagings
3.06Kalyanee Marine
3.06Kanch Ghar
3.06Karunya Marine Exports Private Limited
3.06Kaushalya Aqua Marine Product Exports Pvt. Ltd
3.06Kay Exports
3.06Kings Marine Products
3.06Koluthara Exports Ltd
3.06Landauer Ltd
3.06Libran Cold Storages (P) Ltd
3.06Magnum Export
3.06Malabar Arabian Fisheries
3.06Malnad Exports Pvt. Ltd
3.06Mangala Sea Products
3.06Marine Harvest India
3.06Meenaxi Fisheries Pvt. Ltd
3.06Megaa Moda Pvt. Ltd
3.06Milsha Agro Exports Private Limited
3.06Mourya Aquex Pvt. Ltd
3.06MTR Foods
3.06N.C. John & Sons (P) Ltd
3.06Naik Frozen Foods
3.06Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd.14
3.06Naik Seafoods Ltd
3.06Nekkanti Mega Food Park Private Limited
3.06Nine Up Frozen Foods
3.06Nutrient Marine Foods Limited
3.06Oceanic Edibles International Limited
3.06Paragon Sea Foods Pvt. Ltd
3.06Paramount Seafoods
3.06Parayil Food Products Pvt., Ltd
3.06Pesca Marine Products Pvt., Ltd
3.06Pijikay International Exports P Ltd
3.06Pisces Seafoods International
3.06Pravesh Seafood Private Limited
3.06Premier Exports International
3.06Premier Marine Foods
3.06Premier Seafoods Exim (P) Ltd
3.06R F Exports
3.06R V R Marine Products Limited
3.06Raa Systems Pvt. Ltd
3.06Raju Exports
3.06Raunaq Ice & Cold Storage
3.06Raysons Aquatics Pvt. Ltd
3.06RBT Exports
3.06RDR Exports
3.06RF Exports Private Limited
3.06Riviera Exports Pvt. Ltd
3.06Rohi Marine Private Ltd
3.06Royal Imports and Exports
3.06RSA Marines
3.06S & S Seafoods
3.06S Chanchala Combines
3.06Safa Enterprises
3.06Sagar Foods
3.06Sagar Samrat Seafoods
3.06( print page 85584)Sagravihar Fisheries Pvt. Ltd
3.06Salvam Exports (P) Ltd
3.06Samaki Exports Private Limited
3.06Sanchita Marine Products P Limited
3.06Santhi Fisheries & Exports Ltd
3.06Sarveshwari Exp
3.06Sea Foods Private Limited
3.06Sea Gold Overseas Pvt. Ltd
3.06Selvam Exports Private Limited
3.06Sharma Industries
3.06Shimpo Exports Private Limited
3.06Shimpo Seafoods Private Limited
3.06Shiva Frozen Food Exp. Pvt. Ltd
3.06Shroff Processed Food & Cold Storage P Ltd
3.06Silver Seafood
3.06Sita Marine Exports
3.06Sowmya Agri Marine Exports
3.06Sri Sakkthi Cold Storage
3.06Sri Venkata Padmavathi Marine Foods Pvt. Ltd
3.06Srikanth International 15
3.06SSF Ltd
3.06Star Agro Marine Exports Private Limited
3.06Star Organic Foods Incorporated
3.06Star Organic Foods Private Limited
3.06Stellar Marine Foods Private Limited
3.06Sterling Foods
3.06Sun Agro Exim
3.06Sun-Bio Technology Ltd
3.06Supran Exim Private Limited
3.06Suvarna Rekha Exports Private Limited
3.06Suvarna Rekha Marine P Ltd
3.06TBR Exports Pvt Ltd
3.06Teekay Marine P. Ltd
3.06The Waterbase Limited
3.06Triveni Fisheries P. Ltd
3.06U & Company Marine Exports
3.06Ulka Sea Foods Private Limited
3.06Uniroyal Marine Exports Ltd
3.06Unitriveni Overseas
3.06V.S Exim Pvt Ltd
3.06Vasai Frozen Food Co
3.06Veejay Impex
3.06Veronica Marine Exports Private Limited
3.06Victoria Marine & Agro Exports Ltd
3.06Vinner Marine
3.06Vitality Aquaculture Pvt. Ltd
3.06VRC Marine Foods LLP
3.06Zeal Aqua Limited
3.06


# Footnotes

1.
    
                         
                        *See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019,*85 FR 13131 (March 6, 2020) (
                        *Preliminary Results*). Back to Citation
 2.
    
                         The petitioner is the Ad Hoc Shrimp Trade Action Committee. Back to Citation
 3.
    
                         
                        *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. Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,” dated July 21, 2020. Back to Citation
 5.
    
                         
                        *See*
                         Memorandum, “Certain Frozen Warmwater Shrimp from India; 2018-2019 Administrative Review: Extension of Deadline for Final Results,” dated October 7, 2020. Back to Citation
 6.
    
                         For a complete description of the Scope of the Order, 
                        *see*
                         Memorandum, “Issues and Decision Memorandum for the Final Results of the 2018-2019 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India,” dated concurrently with, and hereby adopted by, this notice (IDM). Back to Citation
 7.
    
                         
                        *See*
                         accompanying IDM. Back to Citation
 8.
    
                         
                        *See*
                         Appendix II. Back to Citation
 9.
    
                         
                        *See, e.g., Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2016-2017,*83 FR 32835 (July 16, 2018). Back to Citation
 10.
    
                         For a full discussion of this practice, 
                        *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 11.
    
                         
                        *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India,*70 FR 5147, 5148 (February 1, 2005). Back to Citation
 12.
    
                         Because we only had one respondent with a calculated rate, this rate is used for the review-specific rate. 13.
    
                         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). 14.
    
                         In past reviews, Commerce has treated these companies as a single entity. 
                        *See, e.g., Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2016-2017,*83 FR 32835 (July 16, 2018). Absent information to the contrary, we continue to treat these companies as a single entity for purposes of this administrative review. 15.
    
                         On August 27, 2010, Srikanth International was found to be the successor-in-interest to NGR Aqua International. 
                        *See Certain Warmwater Shrimp from India: Final Results of Antidumping Duty Changed Circumstances Review,*75 FR 52718 (August 27, 2010). Therefore, we did not initiate a separate administrative review with respect to NGR Aqua International. Back to Citation


[FR Doc. 2020-28753 Filed 12-28-20; 8:45 am] BILLING CODE 3510-DS-P