[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57562-57563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19684]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-331-802)


Notice of Initiation of New Shipper Antidumping Duty Review: 
Certain Frozen Warmwater Shrimp from Ecuador

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

ACTION: Initiation of New Shipper Antidumping Duty Review.

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SUMMARY: The Department of Commerce (the Department) has received a 
request for a new shipper review of the antidumping duty order on 
certain frozen warmwater shrimp from Ecuador published on February 1, 
2005 (70 FR 5156). In accordance with section 751(a)(2)(B) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are 
initiating an antidumping new shipper review of Studmark, S.A. 
(Studmark).

EFFECTIVE DATE: October 3, 2005.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Gemal Brangman, 
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-
4136 or (202) 482-3773, respectively;

SUPPLEMENTARY INFORMATION: The Department received a timely request 
from Studmark, in accordance with 19 CFR 351.214(c), for a new shipper 
review of the antidumping duty order on certain frozen warmwater shrimp 
from Ecuador. See Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Frozen 
Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005).
    Pursuant to 19 CFR 351.214(b), Studmark certified that it is both 
an exporter and producer of the subject merchandise, that it did not 
export subject merchandise to the United States during the period of 
the investigation (POI) (October 1, 2002, through September 30, 2003), 
and that it was not affiliated with any exporter or producer who 
exported the subject merchandise to the United States during the POI. 
Studmark also submitted documentation establishing the date on which 
the subject merchandise was first entered for consumption, the volume 
shipped, and the date of its first sale to an unaffiliated customer in 
the United States.

Scope of the 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,\1\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \1\ ``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 subheading 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 
subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain 
battered shrimp.

[[Page 57563]]

 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.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d), we are initiating a new shipper review of the antidumping 
duty order on certain frozen warmwater shrimp from Ecuador produced and 
exported by Studmark. Because we are initiating this new shipper review 
in the month immediately following the first semianniversary month, 
this review covers the period from August 4, 2004, through July 31, 
2005, in accordance with 19 CFR 351.214(g)(ii)(B). We intend to issue 
the preliminary results of this review no later than 180 days after the 
date on which this review is initiated, and the final results within 90 
days after the date on which we issue the preliminary results. See 
section 751(a)(2)(B)(iv) of the Act.
    We will instruct the U.S. Customs and Border Protection to suspend 
liquidation of any unliquidated entries of the subject merchandise from 
Studmark and allow, at the option of the importer, the posting, until 
completion of the review, of a bond or security in lieu of a cash 
deposit for each entry of the merchandise exported by Studmark in 
accordance with 19 CFR 351.214(e). Because Studmark certified that it 
both produces and exports the subject merchandise, the sale of which is 
the basis for this new shipper review request, we will permit the 
bonding privilege only for those entries of subject merchandise for 
which Studmark is both the producer and the exporter.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act and 19 CFR 351.214(d).

    Dated: September 26, 2005.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 05-19684 Filed 9-30-05; 8:45 am]
BILLING CODE 3510-DS-S