[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5147-5149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-370]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-840)


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from 
India\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 India 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, 
Department of Commerce.

EFFECTIVE DATE: February 1, 2005.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack, 
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) 482-4593, 
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 India. See Notice of Final Determination of Sales 
at Less Than Fair Value and Negative Final Determination of Critical 
Circumstances: Certain Frozen and Canned Warmwater Shrimp from India, 
69 FR 76916 (Dec. 23, 2004) (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., the 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., Devi Sea Foods Limited (Devi), 
and Hindustan Lever Limited (HLL)) that the Department also made 
ministerial errors in the final margin calculations. On January 6, 
2004, we received submissions containing rebuttal comments from the 
petitioners and HLL.
    After analyzing Devi's, HLL's, and the petitioners' submissions, 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:
 We inadvertently calculated packing expenses on a per-kilogram 
basis rather than a per-pound basis for Devi;
 We inadvertently failed to use the revised packaging costs 
submitted at verification in the calculation of Devi's total cost of 
production;
 We inadvertently subtracted HLL's marine insurance revenue 
from U.S. price, instead of treating it as an offset to movement 
expenses; and
 We inadvertently excluded direct labor costs from our 
calculation of HLL's variable manufacturing costs.
    Correcting these errors results in revised margins for Devi and 
HLL. In addition, we have revised the calculation of the ``all others'' 
rate accordingly.
    For a detailed discussion of all 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 on Certain Frozen 
Warmwater Shrimp from India.''
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of

[[Page 5148]]

certain frozen warmwater shrimp from India. 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 India 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 India. In its final determination, however, the ITC determined 
that two domestic like products exist for the merchandise covered by 
the Deparment'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 India 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 of the merchandise for all relevant entries of 
certain frozen warmwater shrimp from India. These antidumping duties 
will be assessed on all unliquidated entries of certain frozen 
warmwater shrimp from India 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, Affirmative Preliminary Determination of 
Critical Circumstances and Postponement of Final Determination: Certain 
Frozen and Canned Warmwater Shrimp from India, 69 FR 47111 (Aug. 4, 
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 percentages exist for the POI:

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                Manufacturer/exporter                     Original Final Margin         Amended Final Margin
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Devi Sea Foods Ltd..................................                          5.02                          4.94
Hindustan Lever Ltd.................................                         13.42                         15.36
Nekkanti Seafoods Ltd...............................                          9.71                          9.71
All Others..........................................                          9.45                         10.17
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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 1605.20.05.10); 5) dried 
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS 
subheading1605.20.10.40); 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

[[Page 5149]]

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 classifiable 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 India. CPB 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 section 735(d) and 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. E5-370 Filed 1-31-05; 8:45 am]
BILLING CODE: 3510-DS-S