[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58679-58680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Initiation of New Shipper Review

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

EFFECTIVE DATES: October 7, 2005.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on certain frozen warmwater shrimp from the People's Republic of China 
(``PRC''), received before August 31, 2005,\1\ meets

[[Page 58680]]

the statutory and regulatory requirements for initiation. The period of 
review (``POR'') of this new shipper review is July 16, 2004, through 
July 31, 2005.
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    \1\ The Order for certain frozen warmwater shrimp from the PRC 
was published on February 1, 2005. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the People's Republic of 
China, 70 FR 05149 (February 1, 2005) (``PRC Shrimp Order''). 
Therefore, a request for a new shipper review based on the semi-
annual anniversary month, August, was due to the Department by the 
final day of August 2005. See 19 CFR 351.214(d)(1).

FOR FURTHER INFORMATION CONTACT: Paul Walker at (202) 482-0413, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
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Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on certain frozen 
warmwater shrimp from the PRC was published on February 1, 2005. See 
PRC Shrimp Order. On August 26, 2005, we received a new shipper review 
request from Zhanjiang Regal Integrated Marine resources Co., Ltd. 
(``Regal''). On September 16, 2005, we requested that Regal correct 
certain filing deficiencies. See the Department's letter dated 
September 16, 2005. On September 20, 2005, Regal resubmitted their new 
shipper request. Regal certified that they are both the producer and 
exporter of the subject merchandise upon which the request for a new 
shipper review is based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff act of 1930 
(``the Act'') and 19 CFR 351.214(b)(2)(i), Regal certified that it did 
not export frozen warmwater shrimp to the United States during the 
period of investigation (``POI''). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Regal 
certified that, since the initiation of the investigation, it has never 
been affiliated with any exporter or producer who exported frozen 
warmwater shrimp to the United States during the POI, including those 
not individually examined during the investigation. As required by 19 
CFR 351.214(b)(2)(iii)(B), Regal also certified that their export 
activities were not controlled by the central government of the PRC.
    In addition to the certifications described above, Regal submitted 
documentation establishing the following: (1) The date on which they 
first shipped frozen warmwater shrimp for export to the United States 
and the date on which the frozen warmwater shrimp was first entered, or 
withdrawn from warehouse, for consumption; (2) the volume of their 
first shipment,\2\ and (3) the date of their first sale to an 
unaffiliated customer in the United States.
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    \2\ Regal made no subsequent shipments to the United States, 
which the Department confirmed with U.S. Customs and Border 
Protection.
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    The Department conducted customs database queries to confirm the 
Regal's shipment of subject merchandise had entered the United States 
for consumption and had been suspended for antidumping duties.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that the requested submitted by Regal meets the 
threshold requirements for initiation of a new shipper review for 
shipments of frozen warmwater shrimp from the PRC produced and exported 
by Regal.
    The POR is July 16, 2004, through July 21, 2005, See 19 CFR 
351.214(g)(1)(i)(B). We intend to issue preliminary results of this 
review no later than 180 days from the date of initiation, and final 
results of this review no later than 270 days from the date of 
initiation. See section 751(a)(2)(B)(iv) of the Act.
    Because Regal has certified that they produced and exported the 
frozen warmwater shrimp on which they based their request for a new 
shipper review, we will instruct U.S.Customs and Border Protection to 
allow, at the option of the importer, the posting of a bond or security 
in lieu of cash deposit from each entry of frozen warmwater shrimp that 
was both produced and exported by Regal until the completion of a new 
shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act.
    Interested parties that need access to proprietary information in 
this new shipper review should 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)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 30, 2005.
Barbara E. Tillman,
Acting Assistance Secretary for Import Administration.
[FR Doc. 05-20286 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-05-M