[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44275-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16053]
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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 Second
Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (the Department) finds that revocation of the antidumping duty
(AD) orders would be likely to lead to continuation or recurrence of
dumping at the dumping margins identified in the ``Final Results of
Reviews'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations,
Office II, AD/CVD Operations, Enforcement and Compliance, 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 March 1, 2016, the Department published the notice of initiation
of the sunset reviews of the AD Orders \1\ 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).\2\ On March 8, 2016, and March 16, 2016,
respectively, the Ad Hoc Shrimp Trade Action Committee (AHSTAC
(petitioner in the underlying investigation)) and the American Shrimp
Processors Association (ASPA) notified the Department of their intent
to participate within the 15-day period specified in 19 CFR
351.218(d)(1)(i).\3\ AHSTAC 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
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domestic like product in the United States.
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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 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)
(collectively, Orders).
\2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 10578
(March 1, 2016) (Notice of Initiation). 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.
\3\ See AHSTAC March 8, 2016, submission ``Second Sunset Review
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp
from Brazil, India, Thailand, the People's Republic of China and the
Socialist Republic of Vietnam: Entry of Appearance, Notice of Intent
to Participate in Review and APO Application.'' See also ASPA March
16, 2016, submissions ``Second Sunset Review of the Antidumping
Order on Frozen Warmwater Shrimp from Brazil (A-351-838): Notice of
Intent to Participate of the American Shrimp Processors
Association,'' ``Second Sunset Review of the Antidumping Order on
Frozen Warmwater Shrimp from India (A-533-840): Notice of Intent to
Participate of the American Shrimp Processors Association,''
``Second Sunset Review of the Antidumping Order on Frozen Warmwater
Shrimp from the People's Republic of China (A-570-893): Notice of
Intent to Participate of the American Shrimp Processors
Association,'' and ``Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from Thailand (A-549-822): Notice of
Intent to Participate of the American Shrimp Processors
Association.''
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On March 29 and 31, 2016, respectively, the Department received
complete substantive responses to the Notice of Initiation from AHSTAC
\4\ and from ASPA \5\ (collectively, 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, India, the PRC, or Thailand, nor was a hearing requested. As a
result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department
conducted expedited (120-day) sunset reviews of the AD Orders on
certain frozen warmwater shrimp from Brazil, India, the PRC, and
Thailand.
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\4\ See AHSTAC March 29, 2016, submission ``Second Sunset Review
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp
from Brazil, India, Thailand, the People's Republic of China and the
Socialist Republic of Vietnam: Substantive Response to Notice of
Initiation.''
\5\ See ASPA March 31, 2016, submissions ``Second Sunset Review
of the Antidumping Order on Frozen Warmwater Shrimp from Brazil (A-
351-838): Substantive Response to Notice of Initiation,'' ``Second
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp
from India (A-533-840): Substantive Response to Notice of
Initiation,'' ``Second Sunset Review of the Antidumping Order on
Frozen Warmwater Shrimp from the People's Republic of China (A-570-
893): Substantive Response to Notice of Initiation,'' and ``Second
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp
from Thailand (A-549-822): Substantive Response to Notice of
Initiation.''
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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,\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
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 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. The Issues and Decision Memorandum, which is hereby
adopted by this notice, provides a full description of the scope of the
Orders.\7\
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\7\ See the Department's memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Expedited
Second Sunset Reviews of the Antidumping Duty Orders on Certain
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of
China, and Thailand,'' dated concurrently with this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in these reviews is
provided in the accompanying Issues and Decision Memorandum. The issues
discussed in the Issues and Decision Memorandum include the likelihood
of continuation or recurrence of dumping and the magnitude of the
margins likely to prevail if the Orders were revoked. The Issues and
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 http://access.trade.gov and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
the Department determines that revocation of the AD Orders on certain
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand would
be likely to lead to continuation or recurrence of dumping, and that
the magnitude of the dumping margins likely to prevail would be
weighted-average margins up to 67.80 percent for Brazil, up to 110.90
percent for India, up to 112.81 percent for the PRC, and up to 5.34
percent for Thailand.
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the
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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: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16053 Filed 7-6-16; 8:45 am]
BILLING CODE 3510-DS-P