Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024, 24569-24571 [2025-10634]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24569-24571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10634]



[[Page 24569]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Preliminary Results 
of Antidumping Duty Administrative Review; 2023-2024

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that producers and/or exporters subject to this review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), February 1, 2023, through January 31, 2024. 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable June 11, 2025.

FOR FURTHER INFORMATION CONTACT: Aislin Salassi or Grant Fuller, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1882 or (202) 482-6228, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2024, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on shrimp from India.\1\ On July 
22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\2\ On October 22, 2024, we extended the 
preliminary results of this review to February 28, 2025.\3\ On December 
9, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by an additional 90 days.\4\ On May 13, 2025, we further 
extended the preliminary results of this review to June 5, 2025.\5\ For 
a complete description of the events that followed the initiation of 
this review, see the Preliminary Decision Memorandum.\6\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 89 FR 24780 (April 9, 2024); see also 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 (February 1, 2005) (Order).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated 
October 22, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated 
May 13, 2025.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2023-2024 Administrative Review of the Antidumping 
Duty Order on Certain Frozen Warmwater Shrimp from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is shrimp from India. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. NV 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
Appendix I to this notice. The Preliminary 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Review-Specific Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally ``an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero or de minimis 
margins, and any margins determined entirely {on the basis of facts 
available{time} .''
    Consistent with section 735(c)(5)(A) of the Act, we preliminarily 
calculated the weighted-average dumping margin for the non-selected 
companies using the calculated rates of the mandatory respondents, Devi 
Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods/Devi 
Aquatech Private Limited (collectively, the Devi Group) and Sandhya 
Aqua Exports Private Limited (Sandhya), which are not zero or de 
minimis, or determined entirely on the basis of facts available.\7\
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    \7\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Reviewed Companies for the Preliminary Results in the 2023-2024 
Administrative Review of the Antidumping Duty Order on Frozen 
Warmwater Shrimp from India,'' dated concurrently with this notice.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period February 1, 2023, through January 31, 2024:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Devi Fisheries Limited/Satya Seafoods Private                       2.01
 Limited/Usha Seafoods/Devi Aquatech Private Limited
Sandhya Aqua Exports Private Limited................                5.32
Companies Not Selected for Individual Examination                   3.96
 \8\................................................
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[[Page 24570]]

Disclosure
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    \8\ The exporters or producers not selected for individual 
examination are listed in Appendix II.
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    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which Commerce issues its post-preliminary 
analysis in this administrative review. A timeline for the submission 
of case briefs and written comments will be provided to interested 
parties at a later date. 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.\9\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\10\ All briefs must 
be filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
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    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the requesting party's name, 
address, and telephone number; (2) the number of participants that will 
attend the hearing and whether any of those individuals is a foreign 
national; and (3) a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the party's case and 
rebuttal briefs. An electronically filed hearing request must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice in the Federal Register. If a request for a 
hearing is made, Commerce will inform parties of the scheduled date for 
the hearing.\13\
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    \13\ See 19 CFR 351.310(d).
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Verification

    On July 17, 2024, the American Shrimp Processors Association, a 
domestic interested party, requested that Commerce conduct verification 
of the Devi Group's responses. Accordingly, in March 2025, as provided 
in section 782(i)(3) of the Act, we verified the Devi Group's 
information relied upon for the preliminary results of this review.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because both 
the Devi Group and Sandhya reported the entered value for all of their 
U.S. sales, we calculated importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
each importer's examined sales to the total entered value of these 
sales. 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.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by the Devi Group or 
Sandhya for which the reviewed companies did not know that the 
merchandise they 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.\14\
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    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
will instruct CBP to assess antidumping duties on all appropriate 
entries at the review-specific average rate, calculated as noted in the 
``Review-Specific Rate for Non-Examined Companies'' section, above. 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.\15\
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    \15\ See section 751(a)(2)(C) of the Act.
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    Commerce intends 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 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 the companies 
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 investigated or 
reviewed companies not covered in this review, the cash deposit rate 
will continue to be the company-specific cash deposit rate published 
for the most recently completed segment of this proceeding in which the 
company participated; (3) if the exporter is not a firm covered in this 
review, or the LTFV investigation, but the manufacturer is, then the 
cash deposit rate will be the

[[Page 24571]]

rate established for the most recent segment 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.\16\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \16\ See Order.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1), unless otherwise extended.

Notification to Importers

    This notice 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: June 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. Abad Overseas Private Limited.
2. Accelerated Freeze Drying Co., Ltd.
3. Akshay Food Impex Private Limited
4. Alashore Marine Exports (P) Ltd.
5. Albys Agro Private Limited
6. Alpha Marine
7. Amaravathi Aqua Exports Private Ltd.
8. Ananda Aqua Applications; Ananda Aqua Exports (P) Limited; Ananda 
Foods
9. Ananda Enterprises (India) Private Limited
10. Aparna Marine Exports
11. Apex Frozen Foods Limited
12. Aquatica Frozen Foods Global Pvt. Ltd.
13. Arya Sea Foods Private Limited
14. Asvini Fisheries Ltd.; Asvini Fisheries Private Ltd.
15. Avanti Frozen Foods Private Limited
16. Blue-Fin Frozen Foods Pvt Ltd.
17. BMR Exports; BMR Exports Private Limited
18. BMR Industries Private Limited
19. B-One Business House Pvt. Ltd.
20. Calcutta Seafoods Pvt. Ltd.; Bay Seafood Pvt. Ltd.; Elque 
Ventures Private Limited
21. Castlerock Fisheries Ltd.
22. Choice Trading Corporation Pvt. Ltd.
23. Coastal Aqua Private Limited
24. Coastal Corporation Ltd.
25. Corlim Marine Exports Private Limited
26. Crystalnova Foods Pvt., Ltd.
27. Diamond Seafoods Exports; Edhayam Frozen Foods Pvt. Ltd.; 
Kadalkanny Frozen Foods; Theva & Company
28. DN Sea Shells Private Limited
29. Dwaraka Sea Foods
30. Falcon Marine Exports Limited; KR Enterprises
31. Food Products Pvt., Ltd.; Parayil Food Products Pvt., Ltd.
32. Forstar Frozen Foods Private Limited
33. Geo Seafoods
34. Godavari Mega Aqua Food Park Private Limited
35. Green Asia Impex Private Limited
36. Growel Processors Private Limited
37. Highland Agro Food Private Limited
38. Hyson Exports Private Limited
39. IFB Agro Industries Ltd.
40. ITC Ltd.
41. Jagadeesh Marine Exports
42. Jaya Lakshmi Sea Foods Pvt. Ltd.
43. Kader Exports Private Limited
44. Kalyan Aqua & Marine Exp. India Pvt. Ltd.
45. Kay Kay Exports; Kay Kay Foods
46. KNC Agro Limited; KNC AGRO PVT. LTD.
47. LNSK Greenhouse Agro Products LLP
48. Magnum Export; Magnum Exports Pvt. Ltd.
49. Magnum Sea Foods Limited; Magnum Estates Limited; Magnum Estates 
Private; Magnum Estates Private Limited
50. Mangala Marine Exim India Pvt. Ltd.
51. Mangala Seafoods; Mangala Sea Foods
52. Megaa Moda Pvt. Ltd.
53. Milesh Marine Exports Private Limited
54. Milsha Agro Exports Pvt. Ltd.
55. Mindhola Foods LLP
56. MMC Exports Limited
57. Monsun Foods Pvt. Ltd.
58. Mourya Aquex Pvt. Ltd.
59. Munnangi Seafoods (Pvt) Ltd.
60. Naga Hanuman Fish Packers
61. Nanak Nutritions Food (Taloja) Pvt., Ltd.
62. Neeli Aqua Private Limited
63. Nekkanti Sea Foods Limited
64. Nezami Rekha Sea Foods Private Limited; Nezami Rekha Sea Food 
Private Limited
65. Nila Sea Foods Exports; Nila Sea Foods Pvt. Ltd.
66. N.K. Marine Exports LLP
67. Pasupati Aquatics Private Limited
68. Penver Products (P) Ltd.
69. Rajyalakshmi Marine Exports
70. Razban Seafoods Ltd.
71. Royal Imports and Exports
72. Royale Marine Impex Pvt. Ltd.
73. RSA Marines; Royal Oceans
74. S.A. Exports
75. Sagar Grandhi Exports Pvt. Ltd.
76. Sai Marine Exports Pvt. Ltd.
77. Sam Aqua Exports LLP
78. Sandhya Marines Limited
79. Satish Marine Exim Private Limited
80. Sea Foods Private Limited
81. Sharat Industries Ltd.
82. Shimpo Exports Private Limited
83. Shree Datt Aquaculture Farms Pvt. Ltd.
84. Sigma Seafoods
85. Southern Tropical Foods Pvt. Ltd.
86. Sprint Exports Pvt. Ltd.
87. Sreeragam Export Private Limited
88. Summit Marine Exports Private Limited
89. Sunrise Seafoods India Private Limited
90. Suryamitra Exim Pvt. Ltd.
91. The Waterbase Ltd.
92. V.V. Marine Products
93. Vaisakhi Bio-Marine Private Limited
94. Varma Marine Private Limited
95. Vasista Marine
96. Veerabhadra Exports Private Limited
97. Wellcome Fisheries Limited
98. Z.A. Sea Foods Pvt. Ltd.
99. Zeal Aqua Limited

[FR Doc. 2025-10634 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P