[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39945-39948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15830]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-331-802


Certain Frozen Warmwater Shrimp from Ecuador: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 6, 2008, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain frozen warmwater shrimp (shrimp) from 
Ecuador. This review covers 43 producers/exporters of the subject 
merchandise to the United States. The period of review (POR) is 
February 1, 2006, through January 31, 2007. We are rescinding the 
review with respect to one company because this company made no 
shipments of the subject merchandise during the POR.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations for Promarisco S.A., one of 
the producer/exporters selected for individual review. Therefore, the 
final results for Promarisco S.A. differ from the preliminary results. 
We have made no changes to the margin calculation of OceanInvest S.A., 
the other producer/exporter selected for individual review. The final 
weighted-average dumping margins for the reviewed firms are listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: July 11, 2008.

FOR FURTHER INFORMATION CONTACT:  David Goldberger or Gemal Brangman, 
AD/CVD Operations, Office 2, Import Administration-Room 1117, 
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:

Background

    This review covers 43 producers/exporters.\1\ The respondents which 
the Department selected for individual review are OceanInvest, S.A. 
(OceanInvest) and Promarisco, S.A. (Promarisco). The respondents which 
were not selected for individual review are listed in the ``Final 
Results of Review'' section of this notice.
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    \1\ This figure does not include those companies for which the 
Department is rescinding the administrative review. In the notice 
announcing the preliminary results, this figure was incorrectly 
reported as 45 companies.
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    On March 6, 2008, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on shrimp from Ecuador. See Certain Frozen Warmwater Shrimp 
from Ecuador: Preliminary Results and Preliminary Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 12115 (March 6, 2008) 
(Preliminary Results). We invited parties to comment on those 
preliminary results. In April 2008, we received case briefs from the 
petitioner (the Ad Hoc Shrimp Trade Action Committee), the Louisiana 
Shrimp Alliance (an interested party in the proceeding), OceanInvest, 
and Promarisco, and rebuttal briefs from the petitioner, OceanInvest, 
and Promarisco.
    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the 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 order, regardless of definitions in the Harmonized Tariff 
Schedule of the United States (HTSUS), 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

[[Page 39946]]

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 (HTSUS 
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp 
and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 5) dried 
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTSUS 
subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) 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 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 HTSUS 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 HTSUS 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.

Period of Review

    The POR is February 1, 2006, through January 31, 2007.

Partial Rescission of Review

    As discussed in the Preliminary Results, the Department received a 
no-shipment response from Exportadora del Oceano Pacifico OCEANPAC 
(Oceanpac) for which there appeared to be U.S. customs entries of 
subject merchandise. We requested data on the relevant entries from 
U.S. Customs and Border Protection (CBP) and determined that the 
entries were not reportable transactions for Oceanpac. See Memorandum 
to the File entitled ``Reconciliation of Respondent No Shipment 
Statements to CBP Data,'' dated February 6, 2008. Under these 
circumstances, we determine that Oceanpac satisfies the requirement 
under 19 CFR 351.213(d)(3) that it did not have ``entries, exports, or 
sales of the subject merchandise,'' and, consistent with the 
Department's practice, we are rescinding the review with respect to 
Oceanpac. See, e.g., Certain Steel Concrete Reinforcing Bars From 
Turkey; Final Results, Rescission of Antidumping Duty Administrative 
Review in Part, and Determination to Revoke in Part, 70 FR 67665, 67666 
(November 8, 2005).

Cost of Production

    As discussed in the Preliminary Results, we conducted a review to 
determine whether OceanInvest and Promarisco made third country sales 
of the foreign like product during the POR at prices below their costs 
of production (COP) within the meaning of section 773(b)(1) of the Act. 
For Promarisco, we performed the cost test for these final results 
following the same methodology as in the Preliminary Results, except as 
discussed in the decision memorandum accompanying this notice (the 
Decision Memo). For OceanInvest, we made no changes to the Preliminary 
Results calculation.
    We found 20 percent or more of each respondent's sales of a given 
product during the reporting period were at prices less than the 
weighted-average COP for this period. Thus, we determined that these 
below-cost sales were made in ``substantial quantities'' within an 
extended period of time and at prices which did not permit the recovery 
of all costs within a reasonable period of time in the normal course of 
trade. See Sections 773(b)(2)(B) - (D) of the Act.
    Therefore, for purposes of these final results, we find that 
OceanInvest and Promarisco made below-cost sales not in the ordinary 
course of trade. Consequently, we disregarded these sales for each 
respondent and used the remaining sales as the basis for determining 
normal value pursuant to section 773(b)(1) of the Act.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review, and to which we have responded, are listed in 
the Appendix to this notice and addressed in the Decision Memo, which 
is adopted by this notice. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum, which is on file in the Central Records 
Unit, room 1117, of the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/ frn/. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations for Promarisco. These 
changes are discussed in the relevant sections of the Decision Memo. We 
have made no changes to the margin calculations for OceanInvest.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period February 1, 2006, through January 31, 2007:

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
OceanInvest, S.A............................................        0.64
Promarisco, S.A.............................................    0.46 (de
                                                                minimis)
------------------------------------------------------------------------

Review-Specific Average Rate Applicable to the Following Companies:\3\
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    \3\ This rate is based on the weighted average of the margins 
calculated for those companies selected for individual review, 
excluding de minimis margins or margins based entirely on adverse 
facts available (AFA).

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Agrol, S.A..................................................        0.64
Alquimia Marina S.A.........................................        0.64
Comar Cia Ltda..............................................        0.64
Dunci S.A...................................................        0.64
El Rosario S.A..............................................        0.64
Empacadora Bilbo Bilbosa....................................        0.64
Empacadora Del Pacifico S.A.................................        0.64
Empacadora Dufer Cia. Ltda..................................        0.64

[[Page 39947]]

 
Empacadora Gran Mar S.A.(Empagran)..........................        0.64
Empacadora Nacional.........................................        0.64
Empacadora y Exportadora Calvi Cia. Ltda....................        0.64
Emprede.....................................................        0.64
Estar C.A...................................................        0.64
Exporklore, S.A.............................................        0.64
Exportadora Del Oceano Oceanexa C.A.........................        0.64
Gondi S.A...................................................        0.64
Industria Pesquera Santa Priscila S.A.......................        0.64
Inepexa S.A.................................................        0.64
Jorge Luis Benitez Lopez....................................        0.64
Karpicorp S.A...............................................        0.64
Luis Loaiza Alvarez.........................................        0.64
Mardex Cia. Ltda............................................        0.64
Mariscos del Ecuador c. l. Marecuador.......................        0.64
Marines C.A.................................................        0.64
Natural Select S.A..........................................        0.64
Negocios Industriales.......................................        0.64
Novapesca S.A...............................................        0.64
Oceanmundo S.A..............................................        0.64
Oceanpro....................................................        0.64
Operadora y Procesadora de Productos Marinos S.A. (Omarsa)..        0.64
Oyerly S.A..................................................        0.64
Pacfish S.A.................................................        0.64
PCC Congelados & Frescos S.A................................        0.64
Pescazul S.A................................................        0.64
Peslasa S.A.................................................        0.64
Phillips Seafood............................................        0.64
Procesadora del Rio Proriosa S.A............................        0.64
Promarosa Productos.........................................        0.64
Sociedad Nacional de Galapagos C.A. (SONGA).................        0.64
Tolyp S.A...................................................        0.64
Transcity S.A...............................................        0.64
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries.
    Regarding OceanInvest, for those sales where it reported the 
entered value of its U.S. sales, we have calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer. For those sales 
where OceanInvest did not report the entered value of its U.S. sales, 
we have calculated customer-specific per-unit duty assessment rates by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales. To determine whether the duty assessment rates are de minimis, 
in accordance with the requirement set forth in 19 CFR 351.106(c)(2), 
we have calculated importer-specific or customer-specific ad valorem 
ratios based on the estimated entered value.
    Regarding Promarisco, because it reported the entered value of all 
of its U.S. sales, we have calculated an importer-specific ad valorem 
duty assessment rate based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer. We have 
calculated a single importer-specific assessment rate for Promarisco, 
consistent with our practice in the final results of the 2004 - 2006 
administrative review (see Certain Frozen Warmwater Shrimp from 
Ecuador: Final Results of Antidumping Duty Administrative Review, 72 FR 
52070 (September 12, 2007)). See also Ball Bearings and Parts Thereof 
from France, Germany, Italy, Japan, and Singapore: Final Results of the 
Antidumping Administrative Reviews, Rescission of Administrative Review 
in part, and Determination Not to Revoke Order in Part, 68 FR 35623 
(June 16, 2003), and accompanying Issues and Decision Memorandum at 
Comment 9B; and Notice of Final Results of Antidumping Duty 
Administrative Review and Notice of Final Results of Antidumping Duty 
Changed Circumstances Review: Certain Softwood Lumber Products From 
Canada, 69 FR 75921 (December 20, 2004), and accompanying Issues and 
Decision Memorandum at Comment 13.
    For the responsive companies which were not selected for individual 
review, we have calculated an assessment rate based on the weighted 
average of the margin rates calculated for the companies selected for 
individual review excluding any which are de minimis or determined 
entirely on AFA.
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is de 
minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. This 
clarification will also apply to POR entries of subject merchandise 
produced by companies for which we are rescinding the review based on 
certifications of no shipments, because these companies certified that 
they made no POR shipments of subject merchandise for which they had 
knowledge of U.S. destination. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate established in 
the LTFV investigation if there is no rate for the intermediary 
involved in the transaction. See Assessment Policy Notice for a full 
discussion of this clarification.

Discontinuation of Cash Deposit Requirements

    On August 15, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the Uruguay Round Agreements Act (URAA), the U.S. Trade 
Representative, after consulting with the Department and Congress, 
directed the Department to implement its determination to revoke the 
antidumping duty order on certain frozen warmwater shrimp from Ecuador. 
See Final Results of the Section 129 Determination of Certain Frozen 
Warmwater Shrimp from Ecuador, 72 FR 48257 (August 23, 2007). 
Accordingly, the antidumping duty order on certain frozen warmwater 
shrimp from Ecuador was revoked effective August 15, 2007. As a result, 
we have instructed CBP to discontinue collection of cash deposits of 
antidumping duties on entries of the subject merchandise.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), 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 the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of

[[Page 39948]]

their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of return/destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

General Comments:

Comment 1: ``Zeroing'' Methodology in Administrative Reviews
Comment 2: Selection of Mandatory Respondents

Company-Specific Comments:

Promarisco
Comment 3: Adjustment to Promarisco's Net Financial Expense Ratio
Comment 4: Use of Entry Date for Determining Promarisco's POR Sales
OceanInvest
Comment 5: Cost Reporting for Certain Value-Added Products
Comment 6: Acceptance of Billing Adjustment for Certain Third-Country 
Sales
Comment 7: Bonus Payment Adjustment Applicable to U.S. Sales
[FR Doc. E8-15830 Filed 7-10-08; 8:45 am]
BILLING CODE 3510-DS-S