[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73619-73620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29885]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Final Results of Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 24, 2012, the Department of Commerce (the
Department) published a notice of preliminary results of changed
circumstances review of the antidumping duty order on certain frozen
warmwater shrimp (shrimp) from India.\1\ In that notice, we
preliminarily determined that Apex Frozen Foods Private Limited (Apex
Frozen) is the successor-in-interest to Apex Exports (Apex) for
purposes of determining antidumping duty cash deposits and liabilities.
No interested party submitted comments on, or requested a public
hearing to discuss, the Initiation and Preliminary Results. Therefore,
for these final results, the Department continues to find that Apex
Frozen is the successor-in-interest to Apex.
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\1\ See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From India, 77 FR 64953 (Oct. 24, 2012) (Initiation
and Preliminary Results).
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DATES: Effective Date: December 11, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo,
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) 482-3874
or (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2012, Apex Frozen requested that the Department
conduct
[[Page 73620]]
an expedited changed circumstances review under 19 CFR
351.221(c)(3)(ii) to confirm that it is the successor-in-interest to
Apex for purposes of determining antidumping duty cash deposits and
liabilities.
On October 24, 2012, the Department preliminarily determined that
Apex Frozen is the successor-in-interest to Apex. See Initiation and
Preliminary Results, 77 FR at 64955. In the Initiation and Preliminary
Results, we provided all interested parties with an opportunity to
comment or request a public hearing regarding this finding. We received
no comments or requests for a public hearing from interested parties
within the time period set forth in the Initiation and Preliminary
Results.
Scope of the Order
The scope of this order includes 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
scope of this order, 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 this order. 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 this order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTSUS
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 (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 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 ten 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. 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 HTSUS subheadings: 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. 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 this order is
dispositive.
Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, the Department continues to find that Apex Frozen is the
successor-in-interest to Apex. As a result of this determination, we
find that Apex Frozen should receive the cash deposit rate previously
assigned to Apex in the most recently completed review of the
antidumping duty order on shrimp from India.\3\ Consequently, the
Department will instruct U.S. Customs and Border Protection to suspend
liquidation of all shipments of subject merchandise produced and/or
exported by Apex Frozen and entered, or withdrawn from warehouse, for
consumption on or after the publication date of this notice in the
Federal Register at 2.51 percent, which is the current cash deposit
rate for Apex.\4\ This cash deposit requirement shall remain in effect
until further notice.
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\3\ See Certain Frozen Warmwater Shrimp From India: Final
Results of Antidumping Duty Administrative Review and Final No
Shipment Determination, 77 FR 40848, 40850 (July 11, 2012).
\4\ See, e.g., Certain Frozen Warmwater Shrimp From India: Final
Results of Antidumping Duty Changed Circumstances Review, 75 FR
52718, 52719 (Aug. 27, 2010).
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We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and
351.221(c)(3).
Dated: December 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-29885 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P