[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Notices]
[Pages 53409-53411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20028]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Notice of Amended Preliminary Antidumping Duty Determination of 
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater 
Shrimp From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Amended preliminary antidumping duty determination of sales at 
less than fair value.

-----------------------------------------------------------------------

EFFECTIVE DATE: September 1, 2004.

FOR FURTHER INFORMATION CONTACT: James C. Doyle or Alex Villanueva, NME 
Unit, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0159, or (202) 482-3208, 
respectively.

Scope of the Investigation

    The scope of this investigation includes certain warmwater shrimp 
and prawns, whether frozen or canned, wild-caught (ocean harvested) or 
farm-raised (produced by aquaculture), head-on or head-off, shell-on or 
peeled, tail-on or tail-off,\1\ deveined or not deveined, cooked or 
raw, or otherwise processed in frozen or canned form.
---------------------------------------------------------------------------

    \1\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    The frozen or canned warmwater shrimp and prawn products included 
in the scope of the investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), are 
products which are processed from warmwater shrimp and prawns through 
either freezing or

[[Page 53410]]

canning 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 investigation. In addition, food 
preparations, which are not ``prepared meals,'' that contain more than 
20 percent by weight of shrimp or prawn are included in the scope of 
the investigation.
    Excluded from the scope are: (1) Breaded shrimp \2\ and prawns 
(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 (0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in 
prepared meals (1605.20.05.10); and (5) dried shrimp and prawns.
---------------------------------------------------------------------------

    \2\ Pursuant to our scope determination on battered shrimp, we 
find that breaded shrimp includes battered shrimp. See Memorandum 
from Edward C. Yang, Vietnam/NME Unit Coordinator, Import 
Administration to Jeffrey A. May, Deputy Assistant Secretary for 
Import Administration Antidumping Investigation on Certain Frozen 
and Canned Warmwater Shrimp from Brazil, Ecuador, India, Thailand, 
the Socialist Republic of Vietnam and the Socialist Republic of 
Vietnam: Scope Clarification on Dusted Shrimp and Battered Shrimp 
(``Dusted/Battered Scope Memo''), dated July 2, 2004.
---------------------------------------------------------------------------

    The products covered by this scope are currently classifiable 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, 1605.20.10.30, and 1605.20.10.40. These HTSUS 
subheadings are provided for convenience and customs purposes only and 
are not dispositive, but rather the written description of the scope of 
this investigation is dispositive.

Background

    On July 2, 2004, the Department of Commerce (the ``Department'') 
preliminarily determined that certain frozen and canned warmwater 
shrimp from the People's Republic of China (``PRC'') are being, or are 
likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 733(a) of the Tariff Act of 1930, as 
amended (``the Act''). See Notice of Preliminary Determination of Sales 
at Less Than Fair Value, Partial Affirmative Preliminary Determination 
of Critical Circumstances and Postponement of Final Determination: 
Certain Frozen and Canned Warmwater Shrimp from the People's Republic 
of China (``Preliminary Determination''), 69 FR 42654 (July 16, 2004).
    On July 13, 2004, Allied Pacific Food (Dalian) Co. Ltd., Allied 
Pacific (H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific 
Aquatic Products (Zhanjiang) Co., Ltd., Allied Pacific Aquatic Products 
(Zhongshan) Co., Ltd. (collectively, ``Allied Pacific''), Yelin 
Enterprise Co. Hong Kong, Yangjiang City Yelin Hoitat Quick Frozen 
Seafood Co., Ltd., Fuqing Yihua Aquatic Products Co., Ltd., Shantou 
Yelin Frozen Seafood Co. (collectively, ``Yelin'; both Yelin and Allied 
Pacific are collectively referred to as ``the Mandatory Respondents'') 
timely filed allegations that the Department made ministerial errors in 
its Preliminary Determination.
    On July 13, 2004, Zhejiang Cereals, Oils & Foodstuffs Import & 
Export Co., Ltd., (``Zhejiang Cereals''), ZJ CNF Sea Products 
Engineering Ltd., CNF Zhanjiang (Tong Lian) Fisheries Co., Ltd., 
Zhoushan Xifeng Aquatic Co., Ltd., Zhejiang Daishan Baofa Aquatic 
Product Co., Ltd., Zhejiang Taizhou Lingyang Aquatic Products co., 
Zhoushan Juntai Foods Co., Ltd., Zhoushan Zhenyang Developing Co., 
Ltd., Zhejiang Cereals, Oils & Foodstuffs Import & Export Co., Ltd., 
Zhoushan Diciyuan Aquatic Products Co., Ltd., Zhejiang Zhenglong 
Foodstuffs Co., Ltd., Zhejiang Evernew Seafood Co., Ltd., Jinfu Trading 
Co., Ltd., Taizhou Zhonghuan Industrial Co., Ltd., Shanghai Linghai 
Fisheries Economic & Trading Co., Ltd., Asian Seafoods (Zhanjiang) Co., 
Ltd., (``Asian''), Shantou Sez Xuhao Fastness Freeze Aquatic Factory 
Co., Ltd., (``Shantou Sez Xu''), Shantou Yuexing Enterprise Company 
(``Shantou Yuexing''), Shantou Shengping Oceanstar Business Co., Ltd. 
(``Shantou Oceanstar'') and Hainan Golden Spring Foods Co., Ltd., 
(``Hainan Golden''), (collectively ``Section A Respondents''), timely 
filed allegations that the Department made ministerial errors in its 
Preliminary Determination.
    On August 3, 2004, the Department requested that the Mandatory 
Respondents resubmit their ministerial error comments in accordance 
with 19 CFR 351.224(d). On August 9, 2004, the Mandatory Respondents 
filed revised ministerial error comments.

Significant Ministerial Error

    A ministerial error is defined in section 351.224(f) of our 
regulations as ``an error in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.'' Section 351.224(e) 
of the Department's regulations provides that the Department ``will 
analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary determination 
* * *'' (emphasis added).
    A significant ministerial error is defined as an error, the 
correction of which, singly or in combination with other errors, would 
result in (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted-average dumping margin 
calculated in the original (erroneous) preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero or 
de minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa. See 19 CFR 351.224(g). The Department is 
publishing this amendment to its Preliminary Determination pursuant to 
19 CFR 351.224(e).

Ministerial Error Allegations From the Mandatory Respondents

    The Department addresses allegations of ministerial error with 
regard to the Mandatory Respondents in its Memorandum to the File, 
dated August 20, 2004, from Paul Walker, Case Analyst through James C. 
Doyle, Program Manager, Regarding Antidumping Duty Investigation of 
Certain Frozen and Canned Warmwater Shrimp from the PRC: Allegations of 
Ministerial Error from Mandatory Respondents (``Mandatory Respondent 
Memo''). Specifically, these allegations concern the raw shrimp 
surrogate value and usage ratio, and Yelin's CEP profit and inland 
freight. For purposes of this amended preliminary determination we

[[Page 53411]]

are not changing any findings in the preliminary determination for any 
of the Mandatory Respondents. For a detailed analysis of the 
allegations made by Mandatory Respondents, please see the Mandatory 
Respondent Memo.

Ministerial Error Allegations From the Section A Respondents

    The Department addresses allegations of ministerial error with 
regard to Section A Respondents in its Memorandum to the File, dated 
August 18, 2004, from Julia Hancock and Irene Gorelik, Case Analysts 
through James C. Doyle, Program Manager, Regarding Antidumping Duty 
Investigation of Certain Frozen and Canned Warmwater Shrimp from the 
People's Republic of China: Allegations of Ministerial Error from 
Section A Respondents (``Section A Respondent Memo''). Specifically, 
these allegations concern the expiration of business licenses, the 
acceptance of certificates of incorporation in lieu of a business 
license, sales packages, price negotiations and illegible submissions.
    Additionally, on July 13, 2004, July 28, 2004, and August 4, 2004, 
the Department received additional timely information from certain 
Section A Respondents. The Department will address these comments in 
the final determination. See Section A Respondent Memo.

Amended Preliminary Determination

    Upon re-examining the record for Shantou Shengping Oceanstar 
Business Co., Ltd. and Shantou Yuexing Enterprise Company, the 
Department agrees it made ministerial errors and is, therefore, 
correcting the error and granting these Section A companies separate 
rates for this amended preliminary determination. As a result of our 
correction of ministerial errors in the Preliminary Determination, the 
Department has determined that the following weighted-average dumping 
margins apply: \3\
---------------------------------------------------------------------------

    \3\ For the antidumping duty margin for all Section A 
Respondents not listed here, see Preliminary Determination, 69 FR 
42654 (July 16, 2004).

Certain Frozen and Canned Warmwater Shrimp From the People's Republic of
                      China: Section A Respondents
------------------------------------------------------------------------
                                             Original         Amended
                                            preliminary     preliminary
          Exporter and producer               margin          margin
                                             (percent)       (percent)
------------------------------------------------------------------------
Shantou Shengping Oceanstar Business              112.81           49.09
 Co., Ltd...............................
Shantou Yuexing Enterprise Company......          112.81           49.09
------------------------------------------------------------------------

    Because the errors alleged for the Mandatory Respondents were not 
significant, the Department is not amending the weighted-average 
dumping margin listed in the Preliminary Determination. In addition, 
the PRC-wide rate remains unchanged. The Mandatory Respondents will, 
however, have the opportunity to address the issues raised in their 
ministerial error comments in their case brief, which will be 
considered by the Department at the final determination.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of the 
preliminary determination or 45 days after our final determination 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: August 23, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-20028 Filed 8-31-04; 8:45 am]
BILLING CODE 3510-DS-P