[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5143-5145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-368]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-838)


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from 
Brazil\1\
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    \1\ On January 21, 2005, the International Trade Commission 
(ITC) notified the Department of Commerce (the Department) of its 
final determination that two domestic like products exist for the 
merchandise covered by the Department's investigation: 1) certain 
non-canned warmwater shrimp and prawns; and 2) canned warmwater 
shrimp and prawns. The ITC determined that imports of canned 
warmwater shrimp and prawns from Brazil were negligible; therefore, 
canned warmwater shrimp and prawns will not be covered by the 
antidumping duty order.
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AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

EFFECTIVE DATE: February 1, 2005.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, 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 or (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on December 23, 2004, the Department 
published its notice of final determination of sales at less than fair 
value (LTFV) in the investigation of certain frozen and canned 
warmwater shrimp from Brazil. See Notice of Final Determination of 
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater 
Shrimp from Brazil, 69 FR 76910 (Final Determination). On December 23, 
2004, we received an allegation, timely filed pursuant to 19 CFR 
351.224(c)(2), from the petitioners (i.e., Ad Hoc Shrimp Trade Action 
Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp 
Company) that the Department made a ministerial error with respect to 
its exclusion of ``dusted'' shrimp from the scope of this 
investigation. On December 28, 2004, Eastern Fish Company, Inc., and 
Long John Silver's, Inc., interested parties in this investigation, 
submitted a response to the petitioners' December 23, 2004, ministerial 
error allegation. In addition, on December 30, 2004, we received 
allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the 
petitioners and the respondents (i.e, Central de 
Industrializa[ccedil][atilde]o e Distribui[ccedil][atilde]o de 
Alimentos Ltda. (CIDA) and Empresa de Armazenagem Frigorifica Ltda. 
(EMPAF)) that the Department also made ministerial errors in the final 
margin calculations. On January 5 and 10, 2005, we received submissions 
containing rebuttal comments from the petitioners with respect to the 
ministerial error allegations made by EMPAF and CIDA, respectively.
    After analyzing the submissions filed by CIDA, EMPAF, the 
petitioners, and the other interested parties, we have determined, in 
accordance with 19 CFR 351.224(e), that we made the following 
ministerial errors in our calculations performed for the final 
determination:
[cir] We inadvertently failed to convert third country variable costs 
to the same unit of measure as U.S. variable costs before calculating 
the difference-in-merchandise adjustment for CIDA.
[cir] We inadvertently used incorrect programming to convert normal 
values to the same unit of measure as the United States price which 
resulted in an incomplete conversion of normal value for CIDA.
[cir] We inadvertently used an incorrect dataset (CEPTOT) in the final 
margin program for EMPAF that was not created by the comparison market 
program.
[cir] We inadvertently allocated the entire amount of the unreconciled 
difference between the financial statements and the submitted cost to 
the cost of fresh shrimp for EMPAF.
    Correcting these errors results in revised margins for CIDA and 
EMPAF. In addition, we have revised the calculation of the ``all 
others'' rate accordingly.
    For a detailed discussion of the ministerial errors alleged by the 
petitioners and the respondents, as well as the Department's analysis, 
see the January 24, 2005, memorandum to Louis Apple from the Team 
entitled ``Ministerial Error Allegations in the Final Determination of 
the Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp 
from Brazil.''
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the

[[Page 5144]]

antidumping duty investigation of certain frozen warmwater shrimp from 
Brazil. The revised weighted-average dumping margins are in the 
``Antidumping Duty Order'' section, below.

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department made 
its final determination that certain frozen and canned warmwater shrimp 
from Brazil is being, or is likely to be, sold in the United States at 
LTFV. See Final Determination. On January 21, 2005, the ITC notified 
the Department of its final determination pursuant to section 
735(b)(1)(A)(I) of the Act that an industry in the United States is 
materially injured by reason of LTFV imports of subject merchandise 
from Brazil. In its final determination, however, the ITC determined 
that two domestic like products exist for the merchandise covered by 
the Department's investigation: 1) certain non-canned warmwater shrimp 
and prawns; and 2) canned warmwater shrimp and prawns. The ITC 
determined pursuant to section 735(b)(1)(B) of the Act that imports of 
canned warmwater shrimp from Brazil are negligible. Therefore, the 
ITC's affirmative determination of material injury covered all non-
canned warmwater shrimp and prawns other than those specifically 
excluded in the ``Scope of Order'' section, below. Accordingly, the 
scope of the antidumping duty investigation has been amended as 
described above to reflect the ITC's distinction between certain non-
canned warmwater shrimp and prawns and canned warmwater shrimp and 
prawns. Specifically, canned warmwater shrimp and prawns are excluded 
from the scope of the order.
    In cases where the ITC specifically excludes a product in its final 
injury determination, the Department may exclude that product from its 
final margin calculation. See Antidumping Duty Orders; Certain 
Stainless Steel Plate in Coils from Belgium, Canada, Italy, the 
Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 
1999). However, because the respondents did not export or sell canned 
warmwater shrimp and prawns to the United States during the period of 
investigation (POI), no recalculation of the dumping margins is 
warranted, and therefore we are not amending the final determination 
calculations to exclude any sales of canned warmwater shrimp and prawn 
products.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price or the constructed export price of the 
merchandise for all relevant entries of certain frozen warmwater shrimp 
from Brazil. These antidumping duties will be assessed on all 
unliquidated entries of certain frozen warmwater shrimp from Brazil 
entered, or withdrawn from warehouse, for consumption on or after 
August 4, 2004, the date on which the Department published its Notice 
of Preliminary Determination of Sales at Less that Fair Value and 
Postponement of Final Determination: Certain Frozen and Canned 
Warmwater Shrimp from Brazil, 69 FR 47081 (Aug. 4, 2004), or in the 
case of EMPAF, on or after August 30, 2004, the date on which the 
Department published its Notice of Amended Preliminary Determination of 
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater 
Shrimp from Brazil, 69 FR 52860 (August 30, 2004).
    On or after the date of publication of this antidumping duty order 
in the Federal Register, CBP will require, at the same time that 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated weighted-average dumping margins 
as listed below. The ``all others'' rate applies to all exporters of 
subject merchandise not listed specifically. We determine that the 
following weighted-average margin percentages exist for the POI:

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                Exporter/Manufacturer                     Original Final Margin         Amended Final Margin
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Empresa de Armazenagem Frigorifica Ltda./Maricultura                         10.70                          7.94
 Netuno S.A.........................................
Central de Industrializa[ccedil][atilde]o e                                   9.69                          4.97
 Distribui[ccedil][atilde]o de Alimentos Ltda./Cia.
 Exportadora de Produtos do Mar (Produmar)..........
Norte Pesca, S.A....................................                         67.80                         67.80
All Others..........................................                         10.40                          7.05
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Scope of Order

    The scope of this 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,\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 (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, 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

[[Page 5145]]

1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp 
and prawns (HTS 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 
individually quick frozen (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 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.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing CBP to continue to suspend liquidation of all entries of 
certain frozen warmwater shrimp from Brazil. CBP shall require a cash 
deposit equal to the estimated amount by which the normal value exceeds 
the U.S. price as indicated in the chart above. CBP shall discontinue 
the suspension of liquidation on canned shrimp products and refund any 
cash deposits made or bonds posted with respect to this merchandise. 
These instructions suspending liquidation will remain in effect until 
further notice. This amended determination and order is issued and 
published pursuant to sections 735(d), 736(a) of the Act, and 19 CFR 
351.211.

    Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-368 Filed 1-31-02; 8:45 am]
BILLING CODE 3510-DS-S