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 Department of Commerce International Trade Administration [A-533-840]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: On March 6, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp from India. The period of review (POR) is February 1, 2015, through January 31, 2016. Based on our analysis of the comments received, we made certain changes in the margin calculations. Therefore, the final results 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 the Review.”
 DATES: Applicable September 18, 2017.
 FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, 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) 482-6345 or (202) 482-5518, respectively.


SUPPLEMENTARY INFORMATION:  Background This review covers 231 producers and/or exporters. The producers/exporters which the Department selected for individual examination are Falcon Marine Exports Limited and its affiliate K.R. Enterprises (collectively, Falcon) and the Liberty Group.[1]
                    
                     The producers/exporters which were not selected for individual examination are listed in the “Final Results of the Review” section of this notice. On March 6, 2017, the Department published the 
                    *Preliminary Results.*[2]
                    
                     On June 26, 2017, we received case briefs from Falcon and the Liberty Group (collectively, the respondents), the Ad Hoc Shrimp Trade Action Committee (the petitioner), and the American Shrimp Processors Association. On June 30, 2017, we received rebuttal briefs from the respondents and the petitioner. On June 19, 2017, we postponed the final results by 60 days, until September 5, 2017.[3] Scope of the Order The merchandise subject to the order is certain frozen warmwater shrimp.[4]
                    
                     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 briefs by parties are listed in the Appendix 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 at 
                    *http://access.trade.gov;*
                     the IDM is also available to all parties in the Central Records Unit, room B8024, of the main Department of Commerce building. In addition, a complete version of the IDM can be accessed directly at 
                    *http://enforcement.trade.gov/​frn/​index.html.*
                     The signed IDM and the electronic version of the IDM 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 margin calculations performed for Falcon and the Liberty Group.[5] Final Results of the Review We are assigning the following dumping margins to the firms listed below for the period of February 1, 2015, through January 31, 2016: Percent
                             margin**Manufacturer/Exporter**Falcon Marine Exports Limited/K.R. Enterprises
0.00The Liberty Group
0.84Review-Specific Average Rate Applicable to the Following Companies:Abad Fisheries
0.84Adilakshmi Enterprises
0.84Akshay Food Impex Private Limited
0.84Allana Frozen Foods Pvt. Ltd.
0.84Allanasons Ltd.
0.84AMI Enterprises
0.84Anand Aqua Exports
0.84Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods
0.84Ananda Enterprises (India) Private Limited
0.84Andaman Sea Foods Pvt. Ltd.
0.84Angelique Intl
0.84Anjaneya Seafoods
0.84Apex Frozen Foods Private Limited
0.84Aquatica Frozen Foods Global Pvt. Ltd.
0.84Arvi Import & Export
0.84Asvini Exports
0.84Asvini Fisheries Private Limited
0.84Avanti Feeds Limited
0.84B R Traders
0.84Baby Marine Exports
0.84Balasore Marine Exports Private Limited
0.84Bhatsons Aquatic Products
0.84Bhavani Seafoods
0.84Bijaya Marine Products
0.84Blue Fin Frozen Foods Pvt. Ltd.
0.84Bluepark Seafoods Private Ltd.
0.84BMR Exports
0.84BMR Industries Private Limited
0.84Britto Exports
0.84C P Aquaculture (India) Ltd.
0.84Calcutta Seafoods Pvt. Ltd.
0.84Canaan Marine Products
0.84Castlerock Fisheries Ltd.
0.84Chemmeens (Regd)
0.84Choice Canning Company
0.84Choice Trading Corporation Private Limited
0.84Coastal Aqua
0.84Coastal Corporation Ltd.
0.84Cochin Frozen Food Exports Pvt. Ltd.
0.84Coreline Exports
0.84Corlim Marine Exports Pvt. Ltd.
0.84D2 D Logistics Private Limited
0.84Damco India Private Limited
0.84Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods
0.84Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company
0.84Devi Sea Foods Limited 6
0.84Digha Seafood Exports
0.84Esmario Export Enterprises
0.84Exporter Coreline Exports
0.84Febin Marine Foods
0.84( print page 43519)Five Star Marine Exports Private Limited
0.84Forstar Frozen Foods Pvt. Ltd.
0.84Frontline Exports Pvt. Ltd.
0.84G A Randerian Ltd.
0.84Gadre Marine Exports
0.84Galaxy Maritech Exports P. Ltd.
0.84Gayatri Seafoods
0.84Geo Seafoods
0.84Goodwill Enterprises
0.84Grandtrust Overseas (P) Ltd.
0.84Haripriya Marine Export Pvt. Ltd.
0.84Harmony Spices Pvt. Ltd.
0.84HIC ABF Special Foods Pvt. Ltd.
0.84Hindustan Lever, Ltd.
0.84Hiravata Ice & Cold Storage
0.84Hiravati Exports Pvt. Ltd.
0.84Hiravati International P. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India)
0.84Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India)
0.84IFB Agro Industries Ltd.
0.84Indian Aquatic Products
0.84Indo Aquatics
0.84Indo French Shellfish Company Private Limited
0.84Innovative Foods Limited
0.84International Freezefish Exports
0.84Interseas
0.84ITC Limited, International Business
0.84ITC Ltd.
0.84Jaya Satya Marine Exports
0.84Jaya Satya Marine Exports Pvt. Ltd.
0.84Jayalakshmi Sea Foods Private Limited
0.84Jinny Marine Traders
0.84Jiya Packagings
0.84K R M Marine Exports Ltd.
0.84K V Marine Exports
0.84Kalyan Aqua & Marine Exports India Pvt. Ltd.
0.84Kalyanee Marine
0.84Kanch Ghar
0.84Karunya Marine Exports Private Limited
0.84Kay Kay Exports
0.84Kings Marine Products
0.84Koluthara Exports Ltd.
0.84Konark Aquatics & Exports Pvt. Ltd.
0.84Landauer Ltd.
0.84Libran Cold Storages (P) Ltd.
0.84Magnum Estates Limited
0.84Magnum Export
0.84Magnum Sea Foods Limited
0.84Malabar Arabian Fisheries
0.84Malnad Exports Pvt. Ltd.
0.84Mangala Marine Exim India Pvt. Ltd.
0.84Mangala Sea Products
0.84Mangala Seafoods
0.84Meenaxi Fisheries Pvt. Ltd.
0.84Milesh Marine Exports Private Limited
0.84MSRDR Exports
0.84MTR Foods
0.84Munnangi Sea Foods Pvt. Ltd.
0.84N.C. John & Sons (P) Ltd.
0.84Naga Hanuman Fish Packers
0.84Naik Frozen Foods Private Limited
0.84Naik Seafoods Ltd.
0.84Neeli Aqua Private Limited
0.84Nekkanti Sea Foods Limited
0.84Nezami Rekha Sea Foods Private Limited
0.84NGR Aqua International
0.84Nila Sea Foods Exports
0.84Nila Sea Foods Pvt. Ltd.
0.84Nine Up Frozen Foods
0.84Nutrient Marine Foods Limited
0.84Oceanic Edibles International Limited
0.84Overseas Marine Export
0.84Paragon Sea Foods Pvt. Ltd.
0.84Paramount Seafoods
0.84( print page 43520)Parayil Food Products Pvt. Ltd.
0.84Penver Products Pvt. Ltd.
0.84Pesca Marine Products Pvt. Ltd.
0.84Pijikay International Exports P Ltd.
0.84Pisces Seafood International
0.84Premier Exports International
0.84Premier Marine Foods
0.84Premier Seafoods Exim (P) Ltd.
0.84R V R Marine Products Limited
0.84Raa Systems Pvt. Ltd.
0.84Raju Exports
0.84Ram's Assorted Cold Storage Ltd.
0.84Raunaq Ice & Cold Storage
0.84Raysons Aquatics Pvt. Ltd.
0.84Razban Seafoods Ltd.
0.84RBT Exports
0.84RDR Exports
0.84Riviera Exports Pvt. Ltd.
0.84Rohi Marine Private Ltd.
0.84S & S Seafoods
0.84S Chanchala Combines
0.84S. A. Exports
0.84S.J. Seafoods
0.84Safa Enterprises
0.84Sagar Foods
0.84Sagar Grandhi Exports Private Limited
0.84Sagar Samrat Seafoods
0.84Sagarvihar Fisheries Pvt. Ltd.
0.84Sai Marine Exports Pvt. Ltd.
0.84SAI Sea Foods
0.84Salvam Exports (P) Ltd.
0.84Sanchita Marine Products Private Limited
0.84Sandhya Aqua Exports
0.84Sandhya Aqua Exports Pvt. Ltd.
0.84Sandhya Marines Limited
0.84Sarveshwari Exports
0.84Sawant Food Products
0.84Sea Foods Private Limited
0.84Seagold Overseas Pvt. Ltd.
0.84Sharat Industries Ltd.
0.84Sharma Industries
0.84Shimpo Exports Pvt. Ltd.
0.84Shippers Exports
0.84Shiva Frozen Food Exports Pvt. Ltd.
0.84Shree Datt Aquaculture Farms Pvt. Ltd.
0.84Shroff Processed Food & Cold Storage P Ltd.
0.84Silver Seafood
0.84Sita Marine Exports
0.84Sowmya Agri Marine Exports
0.84Sprint Exports Pvt. Ltd.
0.84Sri Chandrakantha Marine Exports
0.84Sri Sakkthi Cold Storage
0.84Sri Satya Marine Exports
0.84Sri Venkata Padmavathi Marine Foods Pvt. Ltd.
0.84Srikanth International
0.84Star Agro Marine Exports Private Limited
0.84Star Organic Foods Incorporated
0.84Sun-Bio Technology Ltd.
0.84Supran Exim Private Limited
0.84Suryamitra Exim Pvt. Ltd.
0.84Suvarna Rekha Exports Private Limited
0.84Suvarna Rekha Marines P Ltd.
0.84TBR Exports Pvt Ltd.
0.84Teekay Marine P. Ltd.
0.84Tejaswani Enterprises
0.84The Waterbase Ltd.
0.84Triveni Fisheries P Ltd.
0.84Uniroyal Marine Exports Ltd.
0.84Unitriveni Overseas
0.84V V Marine Products
0.84V.S Exim Pvt Ltd.
0.84Vasista Marine
0.84Veejay Impex
0.84( print page 43521)Victoria Marine & Agro Exports Ltd.
0.84Vishal Exports
0.84Vitality Aquaculture Pvt., Ltd.
0.84Wellcome Fisheries Limited
0.84West Coast Frozen Foods Private Limited
0.84Z A Sea Foods Pvt. Ltd.
0.84
 Assessment Rates The
                    
                     Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Because the weighted-average dumping margin for Falcon is zero, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Pursuant to 19 CFR 351.212(b)(1), because the Liberty Group 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. 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 calculated importer-specific 
                    *ad valorem*
                     ratios based on the entered value. For the companies which were not selected for individual examination, we used as the assessment rate the cash deposit rate assigned to these exporters, in accordance with our practice.[7] The Department's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by Falcon or the Liberty Group 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.[8] The Department 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 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 established in the LTFV investigation.[9]
                    
                     These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as the only 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 In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, 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 subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h). Dated: September 5, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
 Appendix—List of Topics Discussed in the IDM Summary Background Scope of the Order Margin Calculations Discussion of the Issues 1: How to Define Time Periods for the Differential Pricing Analysis 2: Whether the Department Should Revise its Differential Pricing Analysis 3: Ministerial Error for Falcon 4: Species Product Characteristic 5: Date of Sale 6: Payment Terms/Payment Dates 7: Insurance Expenses 8: “Other” Selling Expenses 9: Packing Expenses 10: Methodology for Determining Raw Materials on an “As Sold” Basis 11: Raw Material Transportation Costs 12: Treatment of Certain Offsets 13: Labor Costs 14: Financial Expenses 15: Methodological Issues at Verification and New Factual Information
                        ( print page 43522) Recommendation


# Footnotes

1.
    
                         The Liberty Group consists of: Devi 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; and Universal Cold Storage Private Limited. Back to Citation
 2.
    
                         
                        *See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016,*82 FR 12544 (March 6, 2017) (
                        *Preliminary Results*). Back to Citation
 3.
    
                         
                        *See*
                         Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Manuel Rey, International Trade Compliance Analyst, Office II, Antidumping and Countervailing Duty Operations, entitled “Certain Frozen Warmwater Shrimp from India; 2015-2016 Administrative Review: Extension of Deadline for Final Results,” dated June 19, 2017. Back to Citation
 4.
    
                         For a complete description of the Scope of the Order, 
                        *see*
                         the memorandum from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, entitled, “Issues and Decision Memorandum for the Final Results of the 2015-2016 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India,” (dated concurrently with these results) (IDM), which is hereby adopted by this notice. Back to Citation
 5.
    
                         
                        *See*
                         IDM at 4. Back to Citation
 6.
    
                         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). Accordingly, we conducted 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). Back to Citation
 7.
    
                         
                        *See, e.g.,**Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review,*79 FR 51309 (August 28, 2014). Back to Citation
 8.
    
                         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
 9.
    
                         
                        *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. 2017-19912 Filed 9-15-17; 4:15 pm] BILLING CODE 3510-DS-P