[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72668-72670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Final Rescission of Antidumping Duty New Shipper Review

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

[[Page 72669]]

SUMMARY: The Department of Commerce (``the Department'') is currently 
conducting a semi-annual 2006 new shipper review of the antidumping 
duty order on certain frozen warmwater shrimp (``shrimp'') from the 
People's Republic of China (``PRC''). We determine that Maoming 
Changxing Foods Co., Ltd. (``Maoming Changxing'') has failed to 
demonstrate its status as a separate entity entitled to a new shipper 
review. Therefore, we have determined that this new shipper review 
should be rescinded.

EFFECTIVE DATE: December 21, 2007.

FOR FURTHER INFORMATION CONTACT: Cindy Lai Robinson, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW, 
Washington, D.C., 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request from Maoming Changxing, in 
accordance with 19 CFR 351.214(c), for a new shipper review of the 
antidumping duty order on shrimp from the PRC. On September 29, 2006, 
the Department initiated an antidumping duty new shipper review 
covering the period February 1, 2006, through July 31, 2006. See 
Certain Frozen Warmwater Shrimp from the People's Republic of China: 
Initiation of New Shipper Review, 71 FR 57469 (September 29, 2006) 
(``Initiation Notice'').
    On July 26, 2007, the Department preliminarily rescinded this new 
shipper review because Maoming Changxing had failed to demonstrate its 
eligibility for a separate rate. See Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Preliminary Notice of Intent to 
Rescind Antidumping Duty New Shipper Review, 72 FR 41058 (July 26, 
2007).
    On August 27, 2007, the Department received case briefs from 
Maoming Changxing and the Ad Hoc Shrimp Trade Action Committee 
(``Petitioners''). The Department received rebuttal briefs on September 
6, 2007, from the same parties.
    On October 12, 2007, the Department extended the time limits for 
the final results of this new shipper review to December 17, 2007. See 
Notice of Extension of the Final Results of Antidumping Duty New 
Shipper Review: Certain Frozen Warmwater Shrimp from the People's 
Republic of China, 72 FR 58055 (October 12, 2007).

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, deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
    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;\1\ and (9) certain battered shrimp.\2\
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    \1\ 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.
    \2\ 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.
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    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.

Period of Review

    The period of review (``POR'') is February 1, 2006, through July 
31, 2006.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the Memorandum to 
the Assistant Secretary: Issues and Decision Memorandum for the Final 
Rescission in the Antidumping Duty New Shipper Review of Certain Frozen 
Warmwater Shrimp from the People's Republic of China, dated October 17, 
2007 (``Issues and Decision Memorandum''), which is hereby adopted by 
this notice. A list of the issues raised, all of which are in the 
Issues and Decision Memorandum, is attached to this notice as Appendix 
I. Parties can find a complete discussion of all issues raised in the 
briefs and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit (CRU), room B-099 of the 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://www.trade.gov/ia/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Rescission of Review

    As discussed in the Issues and Decision Memorandum at Comment 1, 
the Department has determined that Maoming Changxing does not meet the

[[Page 72670]]

requirements for establishing its qualification for a new shipper 
review under section 351.214(a) of the Department's regulations because 
it did not provide the Department with complete, accurate, reliable, 
and verifiable information regarding its ownership and affiliation. 
Because the Department was unable to determine the party's affiliations 
and Maoming Changxing failed to demonstrate that it is separate from 
any entity which shipped during the original period of investigation, 
Maoming Changxing is considered part of the PRC-wide entity. 
Accordingly, we are rescinding this new shipper review. See, e.g., 
Freshwater Crawfish Tail Meat From the People's Republic's of China: 
Rescission of New Shipper Reviews, 72 FR 26782 (May 11, 2007); see also 
Brake Rotors from the People's Republic of China: Rescission of Second 
New Shipper Review and Final Results and Partial Rescission of First 
Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 
1999). As the Department is rescinding this new shipper review, we are 
not calculating a company-specific rate for Maoming Changxing, and 
Maoming Changxing will remain part of the PRC-wide entity.

Changes Since the Preliminary Results

    We have made no changes to our preliminary decision to rescind the 
new shipper review of Maoming Changxing.

Assessment of Antidumping Duties

    A cash deposit of 112.81 percent ad valorem shall be collected for 
any entries produced or exported by Maoming Changxing. The Department 
will issue appropriate assessment instructions directly to CBP after 15 
days from the publication of this notice.\3\
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    \3\ Note that the Department published the final rescission of 
the administrative review for certain frozen warmwater shrimp from 
the PRC covering the period February 1, 2006, through January 21, 
2007. See Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Rescission of the Second Administrative Review, 72 FR 
61858 (November 1, 2007). Maoming Changxing is hereby considered 
part of the PRC-wide entity. The Department will issue liquidation 
instructions for the PRC-wide entity, which includes Maoming 
Changxing, 15 days after the publication of this notice.
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Notification to Interested Parties

    This notice serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This new shipper review and this notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.214(f)(3).

    Dated: December 17, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether to Rescind the Review
Comment 2: The Margin Assigned to Maoming Changxing
[FR Doc. E7-24851 Filed 12-20-07; 8:45 am]
BILLING CODE 3510-DS-S