[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23222-23224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9350]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined
that C. P. Vietnam Corporation is the successor-in-interest to C. P.
Vietnam Livestock Corporation, and shall be accorded the same
antidumping duty treatment as the original company for purposes of the
antidumping duty order on certain frozen warmwater shrimp (``shrimp'')
from the Socialist Republic of Vietnam (``Vietnam'').
DATES: Effective Date: April 18, 2012.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4047.
Background
The Department published the antidumping duty order on shrimp from
Vietnam on February 1, 2005.\1\ C.P. Vietnam Livestock Co., Ltd. was
granted separate rate status in the original investigation and the
second
[[Page 23223]]
administrative review.\2\ In July 2008, during the fourth
administrative review, the company converted from a limited liability
company into a joint stock company, changing its name to C. P. Vietnam
Livestock Corporation.\3\ In September 2011, C. P. Vietnam Livestock
Corporation changed its name to C. P. Vietnam Corporation, eliminating
the word ``Livestock.''
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (``VN Shrimp Order'').
\2\ See VN Shrimp Order; see also Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Administrative Review, 73 FR
52273 (September 9, 2008).
\3\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 47771 (August 9,
2010).
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On December 13, 2011, C. P. Vietnam Corporation requested that the
Department conduct a changed circumstances review to determine whether
C. P. Vietnam Corporation is the successor-in-interest to C. P. Vietnam
Livestock Corporation. On February 1, 2012, the Department initiated
the changed circumstances review of C. P. Vietnam Corporation and
preliminarily determined that C. P. Vietnam Corporation is the
successor-in-interest to C. P. Vietnam Livestock Corporation.\4\ In the
Preliminary Results, the Department invited interested parties to
comment.\5\ We received no comments or requests for a hearing from
interested parties.
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\4\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Initiation and Preliminary Results of Changed
Circumstances Review, 77 FR 4993 (February 1, 2012) (``Preliminary
Results'')
\5\ See Preliminary Results at 4994.
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Scope of the Order
The scope of the order includes certain warmwater shrimp and
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\6\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\6\ ``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
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (``HTS''), 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 this order. In addition, food
preparations (including dusted shrimp), 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 (HTS
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5)
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS
subheading 1605.20.10.40); and (7) certain battered shrimp. Battered
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 individually quick frozen (``IQF'') freezing immediately
after application of the dusting layer. When dusted in accordance with
the definition of dusting above, the battered shrimp product is also
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 HTS 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 HTS 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.\7\
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\7\ On April 26, 2011, the Department amended the antidumping
duty order to include dusted shrimp, pursuant to the U.S. Court of
International Trade (``CIT'') decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission determination, which found the
domestic like product to include dusted shrimp.
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Final Results of Changed Circumstances Review
For the reasons stated in the Preliminary Results, and because the
Department did not receive any comments on the Preliminary Results of
this review, the Department continues to find that C. P. Vietnam
Corporation is the successor-in-interest to C. P. Vietnam Livestock
Corporation, for purposes of the antidumping duty cash-deposit rate.
Accordingly, C. P. Vietnam Corporation shall receive the same
antidumping duty treatment as C. P. Vietnam Livestock Corporation.
Notification
The Department will instruct U.S. Customs and Border Protection
that the cash deposit determination from this changed circumstances
review will apply to all shipments of the subject merchandise produced
and exported by C. P. Vietnam Corporation entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this changed circumstances review. This deposit rate
shall remain in effect until further notice.
This notice also serves as a 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 351.306. Timely written notification of
the return/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.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.
[[Page 23224]]
Dated: April 11, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9350 Filed 4-17-12; 8:45 am]
BILLING CODE 3510-DS-P