[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Notices]
[Pages 23884-23885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8970]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 751-TA-28-29]


Certain Frozen Warmwater Shrimp and Prawns From India and 
Thailand

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of review investigations concerning 
the Commission's affirmative determinations in investigations Nos. 731-
TA-1066-1067 (Final), Certain frozen warmwater shrimp and prawns from 
India and Thailand.

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

SUMMARY: The Commission hereby gives notice that it has instituted 
investigations pursuant to section 751(b) of the Tariff Act of 1930 (19 
U.S.C. 1675(b)) (the Act) to review its determinations in 
investigations Nos. 731-TA-1066-1067 (Final). The purpose of the 
investigations is to determine whether revocation of the antidumping 
duty orders on certain frozen warmwater shrimp and prawns from India 
and Thailand is likely to lead to continuation or recurrence of 
material injury to an industry in the United States. Certain frozen 
warmwater shrimp and prawns from India and Thailand are provided for in 
subheadings 0306.13.00 and 1605.20.10 Harmonized Tariff Schedule of the 
United States.
    For further information concerning the conduct of these 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A, C, D, 
and E (19 CFR part 207).

DATES: Effective May 5, 2005.

FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On December 17, 2004, the Department of Commerce 
determined that imports of certain frozen and canned warmwater shrimp 
and prawns from India and Thailand are being sold in the United States 
at less than fair value (LTFV) within the meaning of section 731 of the 
Act (19 U.S.C. 1673) (69 FR 76916, 76918, December 23, 2004); and on 
January 6, 2005 the Commission determined, pursuant to section 
735(b)(1) of the Act (19 U.S.C. 1673d(b)(1)), that an industry in the 
United States was materially injured by reason of imports of such LTFV 
merchandise. Accordingly, Commerce ordered that antidumping duties be 
imposed on such imports (70 FR 5143, February 1, 2005).
    On January 6, 2005, when the Commission conducted its vote in these 
investigations, it stated that it was concerned about the possible 
impact of the December 26, 2004, tsunami on the shrimp industries of 
India and Thailand. The tsunami occurred prior to the closing of the 
record in these investigations on December 27, 2004. At the time the 
record closed, however, factual information as to any impact of the 
tsunami on the ability of producers in India or Thailand to produce and 
export shrimp was not available. On February 8, 2005, the Commission 
published a Federal Register notice (70 FR 6728) inviting comments from 
the public on whether changed circumstances exist sufficient to warrant 
the institution of changed circumstances reviews of the Commission's 
affirmative determinations concerning certain frozen warmwater shrimp 
and prawns from India and Thailand.
    The Commission received 23 submissions in response to its Federal 
Register notice soliciting comments. Commenters that supported 
institution of changed circumstances reviews include Seafood Exporters 
Association of India, the Ministry of Commerce and Industry of India, 
the Department of Foreign Trade of the Royal Thai

[[Page 23885]]

Government, Sen. John Ensign, and Rep. William M. Thomas. Commenters 
that opposed institution of a changed circumstances review are the Ad 
Hoc Shrimp Action Committee, Versaggi Shrimp Corp., and Indian Ridge 
Shrimp Co., who were petitioners in the original investigations, Sen. 
Trent Lott, Sen. Mary Landrieu, Sen. Jeff Sessions, Sen. Richard 
Shelby, Sen. David Vitter, Rep. Walter B. Jones, Rep. Charlie Melancon, 
the governors of Florida, Georgia, Louisiana, Mississippi, South 
Carolina, and Texas, and Joseph Francis, a commercial fisherman from 
Ruston, Washington. The Alabama House of Representatives submitted a 
resolution it passed opposing institution of a review. The U.S. 
Department of State submitted a factual report on the impact of the 
tsunami on the Thai shrimp industry.
    On April 25, 2005, after reviewing the comments it received in 
response to that request, the Commission determined that it had 
received information which showed changed circumstances sufficient to 
warrant instituting review investigations and that there was good cause 
for instituting such review investigations within two years after 
publication of the orders.
    The Commission has further determined, pursuant to section 201.4(b) 
of the Commission rules, that there is good and sufficient reason in 
these proceedings to waive the provisions of section 207.45(c) of the 
Commission rules stating that changed circumstances review 
investigations be completed within 120 days of publication of the 
notice of institution and, instead, has set a deadline for completion 
of these reviews of October 31, 2005.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the investigations as parties 
must file an entry of appearance with the Secretary to the Commission, 
as provided in section 201.11 of the Commission's rules, no later than 
21 days prior to the hearing date specified in this notice. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants under the APO issued in the investigations, provided that 
the application is made no later than 21 days prior to the hearing date 
specified in this notice. Authorized applicants must represent 
interested parties, as defined by 19 U.S.C. 1677(9), who are parties to 
the investigations. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in these investigations 
will be placed in the nonpublic record on August 31, 2005, and a public 
version will be issued thereafter, pursuant to section 207.22 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with 
these investigations beginning at 9:30 a.m. on September 14, 2005, at 
the U.S. International Trade Commission Building. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before September 8, 2005. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on September 12, 
2005, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is September 7, 2005. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is September 21, 2005; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations on or before September 21, 2005. On October 11, 2005, 
the Commission will make available to parties all information on which 
they have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 14, 2005, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.45 of the Commission's rules.

    By order of the Commission.

    Issued: April 29, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-8970 Filed 5-4-05; 8:45 am]
BILLING CODE 7020-02-P