[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33447-33449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11709]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Notice of Final Results of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that Hilltop International (``Hilltop'') is the successor-in-interest 
to Yelin Enterprise Co. Hong Kong (``Yelin''). As a result, Hilltop 
should receive the same antidumping duty treatment with respect to 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC'') as Yelin, as of the date of publication of this notice in the 
Federal Register.

EFFECTIVE DATE: June 18, 2007.

FOR FURTHER INFORMATION CONTACT: Erin Begnal or Scot Fullerton, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW, Washington, DC 20230; telephone: 202-482-1442 or 202-482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 33448]]

Background

    The antidumping duty 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 5149 (February 1, 2005) (``PRC Shrimp Order''). As part of 
the antidumping duty order on certain frozen warmwater shrimp from the 
PRC, Yelin received a separate rate of 82.27 percent. Id. at 70 FR at 
5151. Moreover, as part of the preliminary results of the first 
administrative review, Yelin preliminarily received a separate rate of 
0.00 percent. See Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
2004/2006 Administrative Review and Preliminary Intent To Rescind 2004/
2006 New Shipper Review, 72 FR 10645 (March 9, 2007).
    On March 16, 2007, Yelin filed a submission requesting that the 
Department conduct a changed circumstances review of the antidumping 
duty order on certain frozen warmwater shrimp from the PRC to confirm 
that Hilltop is the successor-in-interest to Yelin.\1\ In its 
submission, Yelin provided information on the events leading to the 
transition from Yelin to Hilltop. Yelin also provided documentation 
relating to the change in name to Hilltop and documentation relating to 
the share transfer from Yelin, to its partners, to Hilltop, to carry on 
the business of Yelin. In addition, Yelin provided documentation 
relating to the ownership structure and management, organizational 
structure, customer base, accounting processes, supplier relationships, 
products, and pricing. As part of its March 16, 2007, submission, Yelin 
also requested that the Department conduct an expedited changed 
circumstances review.
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    \1\ See Letter from Yelin, to the Department, regarding Request 
for Expedited Changed Circumstances Determination, Certain Frozen 
and Canned Warmwater Shrimp from China (Case No. A-570-848) (March 
16, 2007) (``Yelin's CCR Request'').
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    On May 2, 2007, the Department published the initiation and 
preliminary results of this changed circumstances review and 
preliminarily determined that Hilltop is the successor-in-interest to 
Yelin. See Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review, 72 FR 24273 (May 2, 2007) (``Preliminary 
Results''). As a result, the Department preliminarily determined that 
Hilltop should receive the same antidumping duty treatment with respect 
to certain frozen warmwater shrimp from the PRC as Yelin. In the 
Preliminary Results, we stated that interested parties could request a 
hearing or submit case briefs and/or written comments to the Department 
no later than 30 days after publication of the Preliminary Results 
notice in the Federal Register, and submit rebuttal briefs, limited to 
the issues raised in the case briefs, five days subsequent to the due 
date of the case briefs. See Preliminary Results, 72 FR at 24275. 
However, we did not receive any hearing requests or comments on the 
Preliminary Results.

Scope of Order

    The scope of this order includes certain frozen warmwater shrimp 
and prawns, whether 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 investigation, 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, white-leg 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 investigation. 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 investigation.
    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) Lee Kum Kee's shrimp sauce; (7) canned 
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (8) certain 
dusted shrimp; and (9) 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 investigation 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 investigation
    is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Hilltop/Yelin, and the fact 
that the Department did not receive any comments during the comment 
period following the preliminary results of this changed circumstances 
review, the

[[Page 33449]]

Department hereby determines that Hilltop is the successor-in-interest 
to Yelin for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Hilltop entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice and apply a cash deposit rate of 82.27 percent (i.e., Yelin's 
cash deposit rate). See PRC Shrimp Order at 70 FR at 5151. This deposit 
rate shall remain in effect until publication of the final results of 
the ongoing 2004/2006 administrative review, in which Yelin is a 
participant.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.306 of the Department's regulations. 
Timely written notification of the return/destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Tariff Act of 1930, as amended, and section 351.216(e) of the 
Department's regulations.

    Dated: June 11, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E7-11709 Filed 6-15-07; 8:45 am]
BILLING CODE 3510-DS-S