[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27299-27300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11704]
[[Page 27299]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-838, A-533-840, A-570-893, A-549-822]
Certain Frozen Warmwater Shrimp from Brazil, India, the People's
Republic of China and Thailand: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 4, 2010, the Department of Commerce (the
Department) initiated sunset reviews of the antidumping duty orders on
certain frozen warmwater shrimp from Brazil, India, the People's
Republic of China (PRC), and Thailand, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act). The Department has
conducted expedited (120-day) sunset reviews for these orders pursuant
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews,
the Department finds that revocation of the antidumping duty orders
would be likely to lead to continuation or recurrence of dumping.
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION: Kate Johnson,
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-
4929.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published the antidumping duty
orders on certain frozen warmwater shrimp from Brazil, India, the PRC,
and Thailand. See Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from Brazil, 70 FR 5143 (February 1, 2005); 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); 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); and Notice of Amended Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from Thailand, 70 FR 5145 (February 1, 2005).
On January 4, 2010, the Department published the notice of
initiation of the sunset reviews of the antidumping duty orders on
certain frozen warmwater shrimp from Brazil, India, the PRC, and
Thailand, pursuant to section 751(c) of the Act. See Initiation of
Five-year (``Sunset'') Review, 75 FR 103 (January 4, 2010) (Notice of
Initiation).\1\
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\1\ The Notice of Initiation also announced the initiation of
the sunset review of the antidumping duty order on certain frozen
warmwater shrimp from the Socialist Republic of Vietnam. However,
the results of that sunset review will be discussed within a
separate Federal Register notice in the context of a full sunset
review in that case.
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The Department received a notice of intent to participate from the
Ad Hoc Shrimp Trade Action Committee (petitioner) and the American
Shrimp Processors Association (ASPA) within the deadline specified in
19 CFR 351.218(d)(1)(i). The petitioner claimed interested party status
under section 771(9)(C) of the Act stating that its individual members
are each producers in the United States of a domestic like product.
ASPA claimed interested party status under section 771(9)(E) of the Act
stating that it is a trade association, the majority of whose members
are producers and/or processors of a domestic like product in the
United States.
The Department received complete substantive responses to the
Notice of Initiation from the domestic interested parties within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
substantive responses from respondent interested parties with respect
to the orders on certain frozen warmwater shrimp from Brazil, the PRC,
or Thailand, nor was a hearing requested. We received a substantive
response from the Seafood Exporters Association of India (SEAI), which
is a trade association whose membership consists of Indian producers
and exporters of the subject merchandise, within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). On February 12, 2010, ASPA
submitted rebuttal comments to SEAI's substantive response. We
determined that SEAI's substantive response was not adequate because it
failed to provide the volume and value of its members' exports of
subject merchandise to the United States for several specific time
periods enumerated by 19 CFR 351.218(d)(3)(iii)(B-E). See the March 2,
2010, memorandum entitled ``Adequacy Determination in Antidumping Duty
Sunset Review of Certain Frozen Warmwater Shrimp from India.'' On March
4, 2010, SEAI requested that the Department reconsider its adequacy
finding. On March 30, 2010, we notified SEAI that we continued to find
that its substantive response was inadequate. As a result, pursuant to
19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited
(120-day) sunset reviews of the antidumping duty orders on certain
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand.
Scope of the Orders
The products covered by the orders include 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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
orders, 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), 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 the orders. 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 the orders.
Excluded from the orders are: 1) breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); 2) shrimp and prawns generally classified in
the
[[Page 27300]]
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 the orders 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 the orders is
dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the ``Issues
and Decision Memorandum for the Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain Frozen Warmwater Shrimp from Brazil,
India, the People's Republic of China, and Thailand'' from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration (Decision Memo), which is
hereby adopted by, and issued concurrently with, this notice. The
issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the orders were revoked. Parties can find a
complete discussion of all issues raised in these reviews and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room 1117 of the main Department
building.
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.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
certain frozen warmwater shrimp from Brazil, India, the PRC, and
Thailand would be likely to lead to continuation or recurrence of
dumping at the following weighted-average percentage margins:
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Weighted-Average
Manufacturers/Exporters/Producers Margin (percent)
Brazil
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Netuno Alimentos S.A./Maricultura Netuno S.A./ 7.94
Netuno USA, Inc. (collectively, Netuno)*...........
Central de Industrializacao de Distribuicao de 4.97
Alimentos Ltda./Cia. Exportadora de Produtos do Mar
(Produmar).........................................
Norte Pesca......................................... 67.80
All-Others Rate..................................... 7.05
*Netuno is the successor-in-interest to Empresa de
Armazenagem Frigorifica Ltda./Maricultura Netuno
S.A.India..........................................
Devi Sea Foods Ltd.................................. 4.94
Hindustan Lever Ltd................................. 15.36
Nekkanti Seafoods Ltd............................... 9.71
All-Others Rate..................................... 10.17PRC\3\
Allied Pacific Group................................ 80.19
Hilltop International**............................. 82.27
Shantou Red Garden Foodstuff Co., Ltd............... 27.89
PRC-Wide Rate....................................... 112.81
Separate Rate....................................... 53.68
**Hilltop International is the successor-in-interest
to Yelin Enterprise Hong Kong.Thailand\4\..........
The Union Frozen Products Co., Ltd.................. 5.34
All-Others Rate..................................... 5.34
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\3\ Zhanjiang Guolian Aquatic Products Co., Ltd. was excluded from the
antidumping duty order because it was found to have a de minimis
margin in the less-than-fair-value (LTFV) investigation.
\4\ The LTFV margins for Thailand were amended as a result of
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 Round Agreements Act and Partial
Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp
From Thailand, 74 FR 5638, 5639 (January 30, 2009). The Rubicon Group,
comprised of Andaman Seafood Co., Ltd., Wales & Co. Universe Limited,
Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods Co., Ltd.,
Intersia Foods Co., Ltd. (formerly Y2K Frozen Foods Co., Ltd.),
Phatthana Seafood Co., Ltd., Phatthana Frozen Food Co., Ltd., Thailand
Fishery Cold Storage Public Co., Ltd., Thai International Seafood Co.,
Ltd., S.C.C. Frozen Seafood Co., Ltd., Sea Wealth Frozen Food Co.,
Ltd., and Thai I-Mei Frozen Foods Co., Ltd. were revoked from the
antidumping duty order effective January 16, 2009, also as a result of
this determination. See also Certain Frozen Warmwater Shrimp From
Thailand: Final Results of Antidumping Duty Changed Circumstances
Review and Notice of Revocation in Part, 74 FR 52452 (October 13,
2009).
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: May 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-11704 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-DS-S