2024-25494. Certain Frozen Warmwater Shrimp From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2023-2024

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Department of Commerce

International Trade Administration

1. [A-570-893]

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from the People's Republic of China (China) for the period of review (POR) February 1, 2023, through January 31, 2024.

DATES:

Applicable November 1, 2024.

FOR FURTHER INFORMATION CONTACT:

Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; phone: [phone].

SUPPLEMENTARY INFORMATION:

Background

On February 1, 2005, Commerce published in the Federal Register the AD order on shrimp from China.^[1] On April 9, 2024, Commerce published in the Federal Register a notice of initiation of administrative review with respect to imports of shrimp from China in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).^[2] On May 21, 2024, we placed on the record data from the U.S. Customs and Border Protection (CBP) for entries of shrimp from China during the POR, showing no reviewable POR entries for any company listed in the Initiation Notice and invited interested parties to comment.^[3] Commerce received no comments from any interested parties.

On May 24, 2024, Commerce notified all interested parties of our intent to rescind the review because there were no reviewable, suspended entries of subject merchandise by any of the companies subject to this review during the POR as listed in the Initiation Notice and invited interested parties to comment.^[4] We did not receive any comments.

Rescission of Review

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an AD order when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.^[5] Normally, upon completion of an administrative review, the suspended entries are liquidated at the AD assessment rate calculated for the review period.^[6] Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the AD assessment rate calculated for the review period.^[7] As noted above, there were no entries of subject merchandise for the companies subject to this review during the POR. Accordingly, in the absence of suspended entries of subject merchandise during the POR, we are hereby rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3).

Assessment

Commerce will instruct CBP to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register .

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). 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

This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

Dated: October 29, 2024.

Scot Fullerton,

Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.   See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the People's Republic of China,70 FR 5149 (February 1, 2005) ( Order).

2.   See Initiation of Antidumping and Countervailing Duty Administrative Reviews,89 FR 24780 (April 9, 2024) ( Initiation Notice).

3.   See Memorandum, “U.S. Customs and Border Protection Data Query,” dated May 21, 2024.

4.   See Memorandum, “Notice of Intent to Rescind Review,” dated May 24, 2024.

5.   See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021-2022,88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020-2021,88 FR 4154 (January 24, 2023).

6.   See19 CFR 351.212(b)(1).

7.   See19 CFR 351.213(d)(3).