[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 69-71]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28401]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]


Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producer/exporter subject to this administrative review made sales of 
subject merchandise at less than fair value (LTFV) during the period of 
review (POR), February 1, 2019, through January 31, 2020.

DATES: Applicable January 3, 2022.

FOR FURTHER INFORMATION CONTACT: Benjamin A. 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) 482-2185.

SUPPLEMENTARY INFORMATION:

Background

    This review covers a single producer/exporter of the subject 
merchandise, Thai Union Group Public Co., Ltd./Thai Union Seafood Co., 
Ltd./Pakfood Public Company Limited/Asia Pacific (Thailand) Co., Ltd./
Chaophraya Cold Storage Co., Ltd./Okeanos Co., Ltd./Okeanos Food Co., 
Ltd./Takzin Samut Co., Ltd (collectively, Thai Union).\1\
---------------------------------------------------------------------------

    \1\ In the 2012-2013 administrative review, Commerce found that 
the following companies composed a single entity: Thai Union Frozen 
Products Public Co. Ltd.; Thai Union Seafood Co., Ltd.; Pakfood 
Public Company Limited; Asia Pacific (Thailand) Co., Ltd.; 
Chaophraya Cold Storage Co., Ltd.; Okeanos Co., Ltd.; Okeanos Food 
Co., Ltd.; and Takzin Samut Co., Ltd. See Certain Frozen Warmwater 
Shrimp from Thailand: Final Results of Antidumping Duty 
Administrative Review, Final Determination of No Shipments, and 
Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28, 
2014). Further, on January 5, 2016, Commerce found that Thai Union 
Group Public Co., Ltd. is the successor-in-interest to Thai Union 
Frozen Products Public Co., Ltd. See Notice of Final Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp from Thailand, 81 FR 222 (January 5, 2016). 
Therefore, we are treating these companies as a single entity for 
the purposes of this administrative review.
---------------------------------------------------------------------------

    On June 28, 2021, Commerce published the Preliminary Results.\2\ On 
October 15, 2021, we postponed the final results until December 23, 
2021.\3\ A summary of the events that occurred since Commerce published 
the Preliminary Results, as well as a full discussion of the issues 
raised by interested parties for these final results, may be found in 
the Issues and Decision Memorandum.\4\ 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 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \2\ See Certain Frozen Warmwater Shrimp from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 33984 (June 28, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \3\ See Memorandum, ``Certain Frozen Warmwater Shrimp from 
Thailand: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' dated October 15, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from 
Thailand,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    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 includes certain warmwater 
shrimp and prawns, whether frozen, wild-caught (ocean harvested) or 
farm-raised (produced by aquaculture), head-on or head-off, shell-on or 
peeled, tail-on or tail-off,\5\ deveined or not deveined, cooked or 
raw, or otherwise processed in frozen form. The frozen warmwater shrimp 
and prawn products included in the scope of this order, regardless of 
definitions in the Harmonized Tariff Schedule of the United States 
(HTSUS), are products which are processed from warmwater shrimp and 
prawns through freezing and which are sold in any count size. The 
products subject to this order are currently classifiable in HTSUS 
statistical reporting 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,

[[Page 70]]

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.\6\
---------------------------------------------------------------------------

    \5\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
    \6\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in case and rebuttal briefs by interested parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. For a list of issues raised by parties, see the appendix to 
this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
Thai Union.\7\
---------------------------------------------------------------------------

    \7\ See accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of the Review

    We are assigning the following weighted-average dumping margin to 
Thai Union for the period February 1, 2019, through January 31, 2020:

------------------------------------------------------------------------
                                         Weighted-average dumping margin
           Exporter/producer                        (percent)
------------------------------------------------------------------------
Thai Union Group Public Co., Ltd./Thai   0.57
 Union Seafood Co., Ltd./Pakfood Public
 Company Limited/Asia Pacific
 (Thailand) Co., Ltd./Chaophraya Cold
 Storage Co., Ltd./Okeanos Co., Ltd./
 Okeanos Food Co., Ltd./Takzin Samut
 Co., Ltd.
------------------------------------------------------------------------

    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).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (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), where Thai Union reported the 
entered value of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where either 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. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\8\
---------------------------------------------------------------------------

    \8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Thai Union for which 
Thai Union did not know that the merchandise it 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.\9\
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue assessment instructions to CBP no earlier than 
35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash 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 Thai Union will 
be 0.57 percent; (2) for previously reviewed or investigated companies 
not participating in this review, the cash deposit rate will continue 
to be the company-specific rate published for the most recently 
completed segment of this proceeding in which the company was reviewed 
or investigated; (3) if the exporter is not a firm covered in this 
review, a previous review, or the LTFV investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recently completed segment for the producer of 
the subject 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.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ See Implementation of the Findings of the WTO Panel in 
United States Antidumping Measure on Shrimp from Thailand: Notice of 
Determination Under Section 129 of the Uruguay Rounds Agreements Act 
and Partial Revocation of the Antidumping Duty Order on Frozen 
Warmwater Shrimp from Thailand, 74 FR 5638 (January 30, 2009) 
(Section 129 Determination).
---------------------------------------------------------------------------

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 Commerce'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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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.

[[Page 71]]

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 23, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    Comment 1: Whether To Use Thai Union's Reported Manufacturer 
Variables
    Comment 2: Whether To Grant Thai Union a Level of Trade (LOT) 
Adjustment and/or Constructed Export Price (CEP) Offset
    Comment 3: Whether To Use Thai Union's Most Recently Submitted 
Data Sets
VI. Recommendation

[FR Doc. 2021-28401 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P