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 Department of Commerce International Trade Administration [A-533-840]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The review covers 211 producers and/or exporters of the subject merchandise. The Department selected two mandatory respondents for individual examination, Devi Fisheries Limited (Devi Fisheries) [1]
                        
                         and Falcon Marine Exports Limited and its affiliate K.R. Enterprises (collectively, Falcon). The period of review (POR) is February 1, 2013, through January 31, 2014. 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.
 DATES: *Effective Date:*
                         March 6, 2015.
 FOR FURTHER INFORMATION CONTACT: Stephen Banea or Blaine Wiltse, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0656, or (202) 482-6345, respectively.


SUPPLEMENTARY INFORMATION: 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 The Department conducted 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 
                    ( print page 12148)
                    Electronic Service System (ACCESS).[3]
                    
                     ACCESS is available to registered users at 
                    *http://access.trade.gov*
                     and in the Central Records Unit, Room 7046 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/​index.html.*
                     The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum 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, 2013, through January 31, 2014, as follows: Manufacturer/exporter
Percent
                             marginDevi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods 4
3.28Falcon Marine Exports Limited/K.R. Enterprises
2.63
 Review-Specific
                    
                     Average Rate Applicable to the Following Companies: [5] Manufacturer/exporter
Percent
                             marginAbad Fisheries
2.96Accelerated Freeze-Drying Co
2.96Adilakshmi Enterprises
2.96Akshay Food Impex Private Limited
2.96Allana Frozen Foods Pvt. Ltd
2.96Allanasons Ltd
2.96AMI Enterprises
2.96Amulya Seafoods
2.96Anand Aqua Exports
2.96Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods
2.96Ananda Enterprises (India) Private Limited
2.96Andaman Sea Foods Pvt. Ltd
2.96Angelique Intl
2.96Anjaneya Seafoods
2.96Apex Frozen Foods Private Limited
2.96Arvi Import & Export
2.96Asvini Exports
2.96Asvini Fisheries Private Limited
2.96Avanti Feeds Limited
2.96Ayshwarya Seafood Private Limited
2.96Baby Marine Exports
2.96Baby Marine International
2.96Baby Marine Sarass
2.96Balasore Marine Exports Private Limited
2.96Bhatsons Aquatic Products
2.96Bhavani Seafoods
2.96Bijaya Marine Products
2.96Blue Fin Frozen Foods Pvt. Ltd
2.96Blue Water Foods & Exports P. Ltd
2.96Bluefin Enterprises
2.96Bluepark Seafoods Private Ltd
2.96BMR Exports
2.96Britto Exports
2.96C P Aquaculture (India) Ltd
2.96( print page 12149)Calcutta Seafoods Pvt. Ltd
2.96Canaan Marine Products
2.96Capithan Exporting Co
2.96Castlerock Fisheries Ltd
2.96Chemmeens (Regd)
2.96Cherukattu Industries (Marine Div.)
2.96Choice Canning Company
2.96Choice Trading Corporation Private Limited
2.96Coastal Aqua
2.96Coastal Corporation Ltd
2.96Cochin Frozen Food Exports Pvt. Ltd
2.96Coreline Exports
2.96Corlim Marine Exports Pvt. Ltd
2.96D2 D Logistics Private Limited
2.96Damco India Private Limited
2.96Delsea Exports Pvt. Ltd
2.96Devi 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/ 6
                             Universal Cold Storage Private Limited
2.96Devi Sea Foods Limited 7
2.96Diamond Seafood Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company
2.96Digha Seafood Exports
2.96Esmario Export Enterprises
2.96Exporter Coreline Exports
2.96Five Star Marine Exports Private Limited
2.96Forstar Frozen Foods Pvt. Ltd
2.96Frontline Exports Pvt. Ltd
2.96G A Randerian Ltd
2.96Gadre Marine Exports
2.96Galaxy Maritech Exports P. Ltd
2.96Gayatri Seafoods
2.96Geo Aquatic Products (P) Ltd
2.96Geo Seafoods
2.96Goodwill Enterprises
2.96Grandtrust Overseas (P) Ltd
2.96GVR Exports Pvt. Ltd
2.96Haripriya Marine Export Pvt. Ltd
2.96Harmony Spices Pvt. Ltd
2.96HIC ABF Special Foods Pvt. Ltd
2.96Hindustan Lever, Ltd
2.96Hiravata Ice & Cold Storage
2.96Hiravati Exports Pvt. Ltd
2.96Hiravati International P. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India)
2.96Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India)
2.96IFB Agro Industries Ltd
2.96Indian Aquatic Products
2.96Indo Aquatics
2.96Innovative Foods Limited
2.96International Freezefish Exports
2.96Interseas
2.96ITC Limited, International Business
2.96ITC Ltd
2.96Jagadeesh Marine Exports
2.96Jaya Satya Marine Exports
2.96Jaya Satya Marine Exports Pvt. Ltd
2.96Jayalakshmi Sea Foods Private Limited
2.96Jinny Marine Traders
2.96Jiya Packagings
2.96K R M Marine Exports Ltd
2.96K V Marine Exports
2.96Kalyan Aqua & Marine Exports India Pvt. Ltd
2.96Kalyanee Marine
2.96Kanch Ghar
2.96Kay Kay Exports
2.96Kings Marine Products
2.96KNC Agro Pvt. Ltd
2.96Koluthara Exports Ltd
2.96Konark Aquatics & Exports Pvt. Ltd
2.96Landauer Ltd
2.96Libran Cold Storages (P) Ltd
2.96Lighthouse Trade Links Pvt. Ltd
2.96Magnum Estates Limited
2.96Magnum Export
2.96( print page 12150)Magnum Sea Foods Limited
2.96Malabar Arabian Fisheries
2.96Malnad Exports Pvt. Ltd
2.96Mangala Marine Exim India Pvt. Ltd
2.96Mangala Sea Products
2.96Mangala Seafoods
2.96Meenaxi Fisheries Pvt. Ltd
2.96MSC Marine Exporters
2.96MSRDR Exports
2.96Munnangi Sea Foods (Pvt) Ltd. 8
2.96MTR Foods
2.96N.C. John & Sons (P) Ltd
2.96Naga Hanuman Fish Packers
2.96Naik Frozen Foods Private Limited
2.96Naik Seafoods Ltd
2.96Navayuga Exports
2.96Nekkanti Sea Foods Limited
2.96Nezami Rekha Sea Food Private Limited
2.96NGR Aqua International
2.96Nila Sea Foods Pvt. Ltd
2.96Nine Up Frozen Foods
2.96Nutrient Marine Foods Limited
2.96Overseas Marine Export
2.96Paragon Sea Foods Pvt. Ltd
2.96Parayil Food Products Pvt. Ltd
2.96Penver Products Pvt. Ltd
2.96Pesca Marine Products Pvt. Ltd
2.96Pijikay International Exports P Ltd
2.96Pisces Seafood International
2.96Premier Exports International
2.96Premier Marine Foods
2.96Premier Seafoods Exim (P) Ltd
2.96R V R Marine Products Limited
2.96Raa Systems Pvt. Ltd
2.96Raju Exports
2.96Ram's Assorted Cold Storage Ltd
2.96Raunaq Ice & Cold Storage
2.96Raysons Aquatics Pvt. Ltd
2.96Razban Seafoods Ltd
2.96RBT Exports
2.96RDR Exports
2.96Riviera Exports Pvt. Ltd
2.96Rohi Marine Private Ltd
2.96S & S Seafoods
2.96S. A. Exports
2.96S Chanchala Combines
2.96Safa Enterprises
2.96Sagar Foods
2.96Sagar Grandhi Exports Private Limited
2.96Sagar Samrat Seafoods
2.96Sagarvihar Fisheries Pvt. Ltd
2.96Sai Marine Exports Pvt. Ltd
2.96Sai Seafoods
2.96Sanchita Marine Products Private Limited
2.96Sandhya Aqua Exports
2.96Sandhya Aqua Exports Pvt. Ltd
2.96Sandhya Marines Limited
2.96Santhi Fisheries & Exports Ltd
2.96Sarveshwari Exports
2.96Sawant Food Products
2.96Sea Foods Private Limited
2.96Seagold Overseas Pvt. Ltd
2.96Selvam Exports Private Limited
2.96Sharat Industries Ltd
2.96Shimpo Exports Pvt. Ltd
2.96Shippers Exports
2.96Shiva Frozen Food Exp. Pvt. Ltd
2.96Shree Datt Aquaculture Farms Pvt. Ltd
2.96Shroff Processed Food & Cold Storage P Ltd
2.96Silver Seafood
2.96Sita Marine Exports
2.96Sowmya Agri Marine Exports
2.96Sprint Exports Pvt. Ltd
2.96( print page 12151)Sri Chandrakantha Marine Exports
2.96Sri Sakkthi Cold Storage
2.96Sri Sakthi Marine Products P Ltd
2.96Sri Satya Marine Exports
2.96Sri Venkata Padmavathi Marine Foods Pvt. Ltd
2.96Srikanth International
2.96SSF Ltd
2.96Star Agro Marine Exports Private Limited
2.96Star Organic Foods Incorporated
2.96Sun-Bio Technology Ltd
2.96Supran Exim Private Limited
2.96Suryamitra Exim Pvt. Ltd
2.96Suvarna Rekha Exports Private Limited
2.96Suvarna Rekha Marines P Ltd
2.96TBR Exports Pvt Ltd
2.96Teekay Marine P. Ltd
2.96Tejaswani Enterprises
2.96The Waterbase Ltd
2.96Triveni Fisheries P Ltd
2.96Uniloids Biosciences Private Limited
2.96Uniroyal Marine Exports Ltd
2.96Unitriveni Overseas
2.96V.S Exim Pvt Ltd
2.96Vasista Marine
2.96Veejay Impex
2.96Victoria Marine & Agro Exports Ltd
2.96Vinner Marine
2.96Vishal Exports
2.96Wellcome Fisheries Limited
2.96West Coast Frozen Foods Private Limited
2.96Z A Sea Foods Pvt. Ltd
2.96
 Disclosure and Public Comment The Department
                    
                     intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.[9]
                    
                     Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[10]
                    
                     Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit witheach argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.[11]
                    
                     Case and rebuttal briefs should be filed using ACCESS.[12] Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, 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 the Department's electronic records system, ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.[13]
                    
                     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 those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b)(1). Pursuant to 19 CFR 351.212(b)(1), because Devi Fisheries and Falcon reported the entered value for all of their U.S. sales, we have 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. 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 have calculated importer-specific 
                    *ad valorem*
                     ratios based on the entered value. For the companies which were not selected for individual review, we will calculate an assessment rate based on 
                    ( print page 12152)
                    the average [14]
                    
                     of the cash deposit rates calculated for the companies selected for mandatory review (
                    *i.e.,*
                     Devi Fisheries and Falcon) excluding any which are 
                    *de minimis*
                     or determined entirely on adverse facts available. The Department clarified its “automatic assessment” regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by Devi Fisheries or Falcon for which these companies did not know that the merchandise 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. For a full discussion of this clarification, 
                    *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). We intend to issue 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 recent period; (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 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 made effective by the LTFV investigation.[15]
                    
                     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. Dated: March 2, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
 Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology a. Normal Value Comparisons b. Determination of Comparison Method c. Product Comparisons d. Export Price e. Normal Value 5. Currency Conversion 6. Recommendation


# Footnotes

1.
    
                             The Department collapsed Devi Fisheries, Satya Seafoods Private Limited and Usha Seafoods during the 2011-2012 administrative review. 
                            *See Certain Frozen Warmwater Shrimp from India; Preliminary Results of Antidumping Duty Administrative Review; 2011-2012,*78 FR 15691 (March 12, 2013), unchanged in 
                            *Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review and Final No Shipment Determination; 2011-2012,*78 FR 42492 (July 16, 2013). Back to Citation
 2.
    
                         For a complete description of the Scope of the Order, 
                        *see*
                         the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, “Decision Memorandum for the Preliminary Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from India” (dated concurrently with these results) (Preliminary Decision Memorandum), which is hereby adopted by this notice. Back to Citation
 3.
    
                         On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from 
                        *http://iaaccess.trade.gov*
                         to 
                        *http://access.trade.gov.*
                         The Final Rule changing the references in the Department's regulations can be found at 79 FR 69046 (November 20, 2014). Back to Citation
 4.
    
                         In the 
                        *Initiation Notice,*
                         Satya Seafoods Private Limited (Satya) and Usha Seafoods (Usha) were inadvertently listed both as part of Devi Fisheries Limited and as separate companies. The Department collapsed Devi Fisheries, Satya, and Usha during the 2011-2012 administrative review. 
                        *See Certain Frozen Warmwater Shrimp from India; Preliminary Results of Antidumping Duty Administrative Review; 2011-2012,*78 FR 15691 (March 12, 2013), unchanged in 
                        *Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review and Final No Shipment Determination; 2011-2012,*78 FR 42492 (July 16, 2013). 
                        *See also**Certain Frozen Warmwater Shrimp from India and Thailand: Notice of Initiation of Antidumping Duty Administrative Reviews,*79 FR 18510 (April 2, 2014) (
                        *Initiation Notice*). We hereby clarify that we are reviewing these companies as part of the Devi Fisheries Group, and we hereinafter refer to the Devi Fisheries Group as Devi Fisheries. Back to Citation
 5.
    
                         This rate is based on the simple average of the margins calculated for those companies selected for individual review. Because we cannot apply our normal methodology of calculating a weighted-average margin due to requests to protect business proprietary information, we find this rate to be the best proxy of the actual weighted-average margin determined for the mandatory respondents. 
                        *See Ball Bearings and Parts Thereof From France, et al.: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part,*75 FR 53661, 53663 (September 1, 2010); 
                        *see also*
                         the memorandum from Blaine Wiltse, Senior International Trade Compliance Analyst, to the file, entitled, “Calculation of the Review-Specific Average Rate in the 2013-2014 Administrative Review of Certain Frozen Warmwater Shrimp from India” (dated concurrently with these results). Back to Citation
 6.
    
                         On December 2, 2014, Premier Marine Products Private Limited was found to be the successor-in-interest to Premier Marine Products. 
                        *See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from India,*79 FR 71384 (December 2, 2014). 7.
    
                         Shrimp produced and exported by Devi Sea Foods (Devi) was excluded from this 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). However, shrimp produced by other Indian producers and exported by Devi remain subject to the order. Thus, this administrative review with respect to Devi covers only shrimp which was produced in India by other companies and exported by Devi. 8.
    
                         In the 
                        *Initiation Notice,*
                         we inadvertently omitted one company, Munnangi Sea Foods (Pvt) Ltd., for which a timely review request was received with respect to the current review. Accordingly, as a correction to the 
                        *Initiation Notice,*
                         this company was included in the 
                        *Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part,*79 FR 24398 (April 30, 2014). Back to Citation
 9.
    
                         
                        *See*19 CFR 351.224(b). Back to Citation
 10.
    
                         
                        *See*19 CFR 351.309(d). Back to Citation
 11.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 12.
    
                         
                        *See*19 CFR 351.303. Back to Citation
 13.
    
                         
                        *See*19 CFR 351.310(c). Back to Citation
 14.
    
                         Calculated as discussed in footnote 5 above. Back to Citation
 15.
    
                         
                        *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


[FR Doc. 2015-05289 Filed 3-5-15; 8:45 am] BILLING CODE 3510-DS-P