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 Department of Commerce International Trade Administration [A-533-840]
 AGENCY: Import Administration, International Trade Administration, Department of Commerce.
 SUMMARY: On March 9, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. This review covers 156 producers/exporters [1]
                        
                         of the subject merchandise to the United States. The period of review (POR) is February 1, 2007, through January 31, 2008. After analyzing the comments received, we have made no changes in the margin calculations. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled “Final Results of Review.”
 DATES: *Effective Date:*
                         July 13, 2009.
 FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-3874 or (202) 482-0049, respectively.


SUPPLEMENTARY INFORMATION: Background This review covers 156 producers/exporters. The respondents which the Department selected for individual review are Devi Sea Foods Limited (Devi) and Falcon Marine Exports Limited (Falcon). The respondents which were not selected for individual review are listed in the “Final Results of Review” section of this notice. On March 9, 2009, the Department published in the 
                    **Federal Register**
                     the preliminary results of administrative review of the antidumping duty order on shrimp from India. 
                    *See Certain Frozen Warmwater Shrimp From India: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review*, 74 FR 9991 (Mar. 9, 2009) (Preliminary Results). We invited parties to comment on our preliminary results of review. In April 2009, we received case and rebuttal briefs from the petitioner (
                    *i.e.*
                    , the Ad Hoc Shrimp Trade Action Committee), a group of 32 U.S. shrimp processors,[2]
                    
                     and the two respondents selected for individual examination (
                    *i.e.*, Devi and Falcon). The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The scope of this 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,[3]
                    
                     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 described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (
                    *Penaeus vannemei*), banana prawn (
                    *Penaeus merguiensis*), fleshy prawn (
                    *Penaeus chinensis*), giant river prawn (
                    *Macrobrachium rosenbergii*), giant tiger prawn (
                    *Penaeus monodon*), redspotted shrimp (
                    *Penaeus brasiliensis*), southern brown shrimp (
                    *Penaeus subtilis*), 
                    ( print page 33410)
                    southern pink shrimp (
                    *Penaeus notialis*), southern rough shrimp (
                    *Trachypenaeus curvirostris*), southern white shrimp (
                    *Penaeus schmitti*), blue shrimp (
                    *Penaeus stylirostris*), western white shrimp (
                    *Penaeus occidentalis*), and Indian white prawn (
                    *Penaeus indicus*). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. *Excluded from the scope are:*
                     (1) Breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the 
                    *Pandalidae*
                     family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp. Dusted shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classified under the following HTSUS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive. Period of Review The POR is February 1, 2007, through January 31, 2008. Partial Rescission In the 
                    *Preliminary Results,*
                     we assigned company-specific rates to Falcon, Manufacturer Falcon Marine Exports, Sandhya Aqua Exports, and Sandhya Aqua Exports Pvt. Ltd. However, after reviewing information from the 2008-2009 review, the Department has determined that two of these company names are duplicate names of the other two companies. The correct names of the companies listed in pairs above are Falcon and Sandhya Aqua Exports Pvt. Ltd. 
                    *See*
                     the May 8, 2009, memorandum from Elizabeth Eastwood to the File, entitled, “Placing Public Information from the 2008-2009 Antidumping Duty Administrative Review on the Record of the 2007-2008 Antidumping Duty Administrative Review on Certain Frozen Warmwater Shrimp from India” (
                    *Name Clarification Memo*). Therefore, the Department is rescinding this review with respect to Sandhya Aqua Exports and Manufacturer Falcon Marine Exports. Collapsing Prior to the 
                    *Preliminary Results,*
                     one of the non-mandatory respondents in this case, Ananda Aqua Exports (AAE), informed the Department that it is affiliated with Ananda Foods (AF) and Ananda Aqua Applications (AAA), producers/exporters of shrimp in India. Consequently, it requested that the Department treat it and these two companies as a single entity for purposes of this administrative review. At the Department's request, AAE, AF, and AAA (hereinafter referred to as “the Ananda Group”) provided information to support this claim. Although the Ananda Group's most recent submission, containing additional information with respect to the ownership of the three companies and the relationships among the owners, was filed in a timely manner, it was not received in time to consider for purposes of the preliminary results. Nonetheless, in the 
                    *Preliminary Results*
                     we preliminarily determined that, in accordance with 19 CFR 351.401(f), it is appropriate to collapse the companies in the Ananda Group for purposes of this proceeding because: (1) Entities within the group are affiliated and two of these entities have production facilities for identical or similar merchandise that would not require significant retooling in order to restructure manufacturing priorities; and (2) a significant potential for manipulation exists due to common ownership, overlapping management and board of directors, and intertwined operations. 
                    *See Preliminary Results,*
                     74 FR at 9994. We have now analyzed the Ananda Group's March 2009 submission clarifying certain aspects of the companies' partners, including familial relationships of partners/owners of the three companies. Based on this additional information provided by the Ananda Group, we continue to find that it is appropriate to collapse the companies AAA, AAE, and AF into the Ananda Group, and consequently we have continued to treat these companies as a single entity for purposes of our final determination. Cost of Production As discussed in the preliminary results, we conducted an investigation to determine whether Devi and Falcon made third country sales of the foreign like product during the POR at prices below their costs of production (COP) within the meaning of section 773(b) of the Act. 
                    *See Preliminary Results,*
                     74 FR at 9997. For these final results, we performed the cost test following the same methodology as in the 
                    *Preliminary Results.* We found 20 percent or more of each respondent's sales of a given product during the reporting period were at prices less than the weighted-average COP for this period. Thus, we determined that these below-cost sales were made in “substantial quantities” within an extended period of time and at prices which did not permit the recovery of all costs within a reasonable period of time in the normal course of trade. 
                    *See*
                     sections 773(b)(1)-(2) of the Act. Therefore, for purposes of these final results, we found that Devi and Falcon made below-cost sales not in the ordinary course of trade. Consequently, we disregarded these sales for each respondent and used the remaining sales as the basis for determining normal value pursuant to section 773(b)(1) of the Act. Analysis of Comments Received All issues raised in the case briefs by parties to this administrative review are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum (the Decision Memo), which is adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, Room 1117, of the main Department building.
                    ( print page 33411) In addition, a complete version of the Decision Memo can be accessed directly on the Web at 
                    *http://ia.ita.doc.gov/​frn/​.*
                     The paper copy and electronic version of the Decision Memo are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made no changes in the margin calculations. Final Results of Review We determine that the following weighted-average margin percentages exist for the period February 1, 2007, through January 31, 2008: Manufacturer/exporter
Percent
                             marginDevi Sea Foods Limited
*0.39Falcon Marine Exports Limited
0.79Review-Specific Average Rate Applicable to the Following Companies: 4Abad Fisheries
0.79Accelerated Freeze-Drying Co
0.79Allana Frozen Foods Pvt. Ltd
0.79Allanasons Ltd
0.79AMI Enterprises
0.79Amulya Sea Foods
0.79Anand Aqua Exports
0.79Ananda Aqua Exports (P) Ltd./Ananda Foods/Ananda Aqua Applications
0.79Andaman Seafoods Pvt. Ltd
0.79Angelique Intl
0.79Anjaneya Seafoods
0.79Apex Exports
0.79Asvini Exports
0.79Asvini Fisheries Private Limited
0.79Avanti Feeds Limited
0.79Ayshwarya Seafood Private Limited
0.79Baby Marine International
0.79Baby Marine Sarass
0.79Bhatsons Aquatic Products
0.79Bhavani Seafoods
0.79Bijaya Marine Products
0.79Blue Water Foods & Exports P. Ltd
0.79Bluefin Enterprises
0.79Bluepark Seafoods Pvt. Ltd
0.79BMR Exports
0.79Britto Exports
0.79Calcutta Seafoods
0.79Calcutta Seafoods Pvt. Ltd
0.79Castlerock Fisheries Ltd
0.79Chemmeens (Regd)
0.79Choice Canning Company
0.79Choice Trading Corporation Pvt. Ltd
0.79Coastal Corporation Ltd
0.79Corlim Marine Exports Pvt. Ltd
0.79Coreline Exports
0.79Devi Fisheries Limited
0.79Digha Seafood Exports
0.79Esmario Export Enterprises
0.79Exporter Coreline Exports
0.79Five Star Marine Exports Private Limited
0.79Forstar Frozen Foods Pvt. Ltd
0.79Frigerio Conserva Allana Limited
0.79Frontline Exports Pvt. Ltd
0.79G A Randerian Ltd
0.79Gadre Marine Exports
0.79Galaxy Maritech Exports P. Ltd
0.79Gayatri Seafoods
0.79Geo Aquatic Products (P) Ltd
0.79Geo Seafoods
0.79Grandtrust Overseas (P) Ltd
0.79GVR Exports Pvt. Ltd
0.79HIC ABF Special Foods Pvt. Ltd
0.79Haripriya Marine Export Pvt. Ltd
0.79Hindustan Lever, Ltd
0.79Hiravata Ice & Cold Storage
0.79Hiravati Exports Pvt. Ltd
0.79Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat—360 575, India)
0.79Hiravati International Pvt. Ltd. (located at APM-Mafco Yard, Sector—18 Vashi, Navi, Mumbai—400 705, India)
0.79IFB Agro Industries Limited
0.79Indian Aquatic Products
0.79Indo Aquatics
0.79Innovative Foods Limited
0.79International Freezefish Exports
0.79( print page 33412)Interseas
0.79ITC Ltd
0.79Jagadeesh Marine Exports
0.79Jaya Satya Marine Exports
0.79Jaya Satya Marine Exports Pvt. Ltd
0.79Jayalakshmi Sea Foods Private Limited
0.79Jinny Marine Traders
0.79Jiya Packagings
0.79K R M Marine Exports Ltd
0.79Kalyanee Marine
0.79Kay Kay Exports
0.79Kings Marine Products
0.79Koluthara Exports Ltd
0.79Konark Aquatics & Exports Pvt. Ltd
0.79Libran Cold Storages (P) Ltd
0.79Magnum Estate Private Limited
0.79Magnum Export
0.79Magnum Sea Foods Pvt. Ltd
0.79Malabar Arabian Fisheries
0.79Malnad Exports Pvt. Ltd
0.79Mangala Marine Exim India Private Ltd
0.79Mangala Sea Products
0.79MSC Marine Exporters
0.79MTR Foods
0.79Naga Hanuman Fish Packers
0.79Naik Frozen Foods
0.79Navayuga Exports Ltd
0.79Nekkanti Sea Foods Limited
0.79NGR Aqua International
0.79Nila Sea Foods Pvt. Ltd
0.79Overseas Marine Export
0.79Penver Products (P) Ltd
0.79Pijikay International Exports P Ltd
0.79Pisces Seafood International
0.79Premier Seafoods Exim (P) Ltd
0.79Raa Systems Pvt. Ltd
0.79Raju Exports
0.79Ram's Assorted Cold Storage Ltd
0.79Raunaq Ice & Cold Storage
0.79Raysons Aquatics Pvt. Ltd
0.79Razban Seafoods Ltd
0.79RBT Exports
0.79Riviera Exports Pvt. Ltd
0.79Rohi Marine Private Ltd
0.79RVR Marine Products Private Limited
0.79S A Exports
0.79S Chanchala Combines
0.79S & S Seafoods
0.79Safa Enterprises
0.79Sagar Foods
0.79Sagar Grandhi Exports Pvt. Ltd
0.79Sagarvihar Fisheries Pvt. Ltd
0.79Sai Marine Exports Pvt. Ltd
0.79Sai Sea Foods
0.79Sai Sea Foods a.k.a. Sai Marine Exports Pvt. Ltd
0.79Sandhya Aqua Exports Pvt. Ltd
0.79Sandhya Marines Limited
0.79Santhi Fisheries & Exports Ltd
0.79Satya Seafoods Private Limited
0.79Sawant Food Products
0.79Seagold Overseas Pvt. Ltd
0.79Selvam Exports Private Limited
0.79Shippers Exports
0.79Shroff Processed Food & Cold ZStorage P Ltd
0.79Silver Seafood
0.79Sita Marine Exports
0.79Sprint Exports Pvt. Ltd
0.79Sri Chandrakantha Marine Exports 5
0.79Sri Sakkthi Cold Storage
0.79Sri Sakthi Marine Products P Ltd
0.79Sri Satya Marine Exports
0.79Sri Venkata Padmavathi Marine Foods Pvt. Ltd
0.79SSF Ltd
0.79( print page 33413)Star Agro Marine Exports Private Limited
0.79Sun Bio-Technology Ltd
0.79Suryamitra Exim (P) Ltd
0.79Suvarna Rekha Exports Private Limited
0.79Suvarna Rekha Marines P Ltd
0.79TBR Exports Pvt Ltd
0.79Teekay Marine P. Ltd.6
0.79The Kadalkanny Group (Kadalkanny Frozen Foods, Edhayam Frozen Foods Pvt. Ltd., Diamond Seafoods Exports, and Theva & Company)
0.79The Liberty Group (Devi Marine Food Exports Private Limited/Kader Exports Private Limited/Kader Investment and Trading Company Private Limited/Liberty Frozen Foods Pvt. Ltd./Liberty Oil Mills Ltd./Premier Marine Products/Universal Cold Storage Private Limited)
0.79The Waterbase Limited
0.79Tejaswani Enterprises
0.79Usha Seafoods
0.79V.S Exim Pvt Ltd
0.79Veejay Impex
0.79Victoria Marine & Agro Exports Ltd
0.79Vinner Marine
0.79Vishal Exports
0.79Wellcome Fisheries Limited
0.79* 
                        *De minimis*.
 Assessment The
                    
                     Department
                    
                     shall
                    
                     determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because Devi and Falcon reported the entered value for some or 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 which entered value was reported. For Falcon's U.S. sales reported without entered values, we have calculated importer-specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. 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 estimated entered value. For the companies which were not selected for individual review, we have calculated an assessment rate based on the weighted average of the cash deposit rates calculated for the companies selected for individual review excluding any which are 
                    *de minimis*
                     or determined entirely on AFA. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is 
                    *de minimis*
                     (
                    *i.e.*, less than 0.50 percent). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. 
                    *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). This clarification 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 their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than-fair-value (LTFV) investigation if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements Further, the following deposit requirements will be effective for all shipments of shrimp from India entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for 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 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, or the 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 established in the LTFV investigation. 
                    *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 (Feb. 1, 2005). These deposit requirements 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 
                    ( print page 33414)
                    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 to Interested Parties 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. We are issuing and publishing these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 7, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration.
 Appendix—Issues in Decision Memorandum General Issues 1. Offsetting of Negative Margins 2. Using U.S. CBP Data for Respondent Selection 3. The Calculation of the Assessment Rate Assigned to Companies Receiving the Review-Specific Average Rate 4. Model Matching Methodology Company-Specific Issues 5. The Calculation of Falcon's General and Administrative Expense Ratio


# Footnotes

1.
    
                             Collapsed entities are treated as one producer/exporter. Back to Citation
 2.
    
                         These companies are: (1) Bayou Shrimp Processors, Inc.; (2) Biloxi Freezing & Processing Co.; (3) CF Gollot and Son Seafood, Inc.; (4) Carson and Co., Inc.; (5) Custom Pack, Inc.; (6) Deep Sea Foods Inc./Jubilee Foods; (7) Dominick's Seafood, Inc.; (8) Dunamis Towing, Inc., (9) Fisherman's Reef Shrimp Co., Inc.; (10) Golden Gulf Coast Pkg. Co., Inc; (11) Gollott's Oil Dock and Ice House, Inc.; (12) Graham Fisheries; (13) Gulf Crown Seafood Co., Inc., (14) Gulf Fish, Inc.; (15) Gulf Pride Enterprises, Inc.; (16) Gulf Island Shrimp & Seafood, LLC; (17) Hi Seas of Dulac, Inc.; (18) JBS Packing Co., Inc.; (19) Lafitte Frozen Foods Corp.; (20) Louisiana Newpack Shrimp Co., Inc.; (21) Louisiana Shrimp & Packing Co., Inc.; (22) M&M Seafood; (23) Ocean Springs Seafood, Market, Inc.; (24) Pascagoula Ice & Freezer Co., Inc.; (25) Paul Piazza and Son, Inc.; (26) Pearl, Inc. d/b/a Indian Ridge Shrimp Co.; (27) Price Seafood, Inc.; (28) RA Lesso Brokerage Co., Inc.; (29) Sea Pearl Seafood Company, Inc., (30) Tidelands Seafood Co., Inc.; (31) Vincent Piazza Jr., & Sons Seafood, Inc.; and (32) Woods Fisheries and Country, Inc. Back to Citation
 3.
    
                         “Tails” in this context means the tail fan, which includes the telson and the uropods. Back to Citation
 4.
    
                         This rate is based on the weighted average of the margins calculation for those companies selected for individual review, excluding 
                        *de minimis*
                         margins or margins based entirely on adverse facts available (AFA). Back to Citation
 5.
    
                         The Department initiated the 2007-2008 administrative review for this company under the name Sri Chandrakantha Marine Exports, Ltd. However, subsequent to the 
                        *Preliminary Results,*
                         we discovered that the company's correct name is Sri Chandrakantha Marine Exports. 
                        *See Name Clarification Memo.*
                         Therefore, we have included this company in our final results under its correct name. Back to Citation
 6.
    
                         The Department initiated the 2007-2008 administrative review for this company under the name Teekay Maine P. Ltd. However, subsequent to the 
                        *Preliminary Results,*
                         we discovered that the company's correct name is Teekay Marine P. Ltd. 
                        *See Name Clarification Memo.*
                         Therefore, we have included this company in our final results under its correct name. Back to Citation


[FR Doc. E9-16516 Filed 7-10-09; 8:45 am] BILLING CODE 3510-DS-P