[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11527-11529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5875]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Initiation of Changed Circumstances Reviews

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

SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant initiation of five changed 
circumstances reviews of the antidumping duty order on certain frozen 
warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'').

DATES: Effective Date: March 18, 2009.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Jerry Huang, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230; telephone:

[[Page 11528]]

202-482-1386 or 202-482-4047, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order for certain frozen warmwater shrimp from 
Vietnam 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 Socialist Republic of 
Vietnam, 70 FR 5152 (February 1, 2005) (``Order'').\1\ As part of the 
Order, Bac Lieu Fisheries Company Limited (``Bac Lieu Limited''), Cai 
Doi Vam Seafood Import-Export Company (Cadovimex) (``Cadovimex''), Soc 
Trang Aquatic Products and General Import Export Company 
(``STAPIMEX''), Thuan Phuoc Seafoods and Trading Corporation (``Thuan 
Phuoc SOE''), and UTXI Aquatic Products Processing Company (``UTXI'') 
(collectively, ``Original Companies'') each received antidumping duty 
cash deposit rates of 4.57 percent. Id. In the first administrative 
review, the Department initiated a review on each of the Original 
Companies. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Deferral of Administrative Reviews, 71 FR 
17077 (April 5, 2006). However, the reviews of Cadovimex, STAPIMEX, 
Thuan Phuoc SOE, and UTXI were subsequently rescinded. See Certain 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Partial 
Rescission of the First Administrative Review, 71 FR 42628, 42629 (July 
27, 2006). As part of the final results of the first administrative 
review, Bac Lieu Limited received an antidumping duty cash deposit rate 
of 4.57 percent. See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of the First Antidumping Duty 
Administrative Review and First New Shipper Review, 72 FR 52052, 52054 
(September 12, 2007). As part of the final results of the second 
administrative review, in which Cadovimex, STAPIMEX, Thuan Phuoc SOE, 
and UTXI were each reviewed, each of these companies received 
antidumping duty cash deposit rates of 4.57 percent. See Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
73 FR 52273, 52275-52276 (September 9, 2008). Bac Lieu Limited did not 
participate in the second administrative review.
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    \1\ Due to a typographical error, the Order incorrectly lists 
the effective date as February 1, 2004. The actual effective date is 
the date of publication, i.e., February 1, 2005.
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    On January 26, 2009, Soc Trang Seafood Joint Stock Company 
(``STAPIMEX JSC'') filed a submission requesting that the Department 
conduct a changed circumstances review of the antidumping duty order on 
certain frozen warmwater shrimp from Vietnam and requesting that the 
Department find that STAPIMEX JSC is the successor-in-interest to 
STAPIMEX.\2\ On January 27, 2009, UTXI Aquatic Products Processing 
Corporation (``UTXI Corp.'') filed a submission requesting that the 
Department conduct a changed circumstances review of the antidumping 
duty order on certain frozen warmwater shrimp from Vietnam and 
requesting that the Department find that UTXI Corp. is the successor-
in-interest to UTXI.\3\ On February 4, 2009, Cadovimex Seafood Import-
Export and Processing Joint Stock Company (``Cadovimex-Vietnam'') filed 
a submission requesting that the Department conduct a changed 
circumstances review of the antidumping duty order on certain frozen 
warmwater shrimp from Vietnam and requesting that the Department find 
that Cadovimex-Vietnam is the successor-in-interest to Cadovimex.\4\ On 
February 5, 2009, Thuan Phuoc Seafoods and Trading Corporation (``Thuan 
Phuoc JSC'') filed a submission requesting that the Department conduct 
a changed circumstances review of the antidumping duty order on certain 
frozen warmwater shrimp from Vietnam and requesting that the Department 
find that Thuan Phuoc JSC is the successor-in-interest to Thuan Phuoc 
SOE.\5\ On February 6, 2009, Bac Lieu Fisheries Joint Stock Company 
(``Bac Lieu'') filed a submission requesting that the Department 
conduct a changed circumstances review of the antidumping duty order on 
certain frozen warmwater shrimp from Vietnam and requesting that the 
Department find that Bac Lieu is the successor-in-interest to Bac Lieu 
Limited.\6\
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    \2\ See STAPIMEX JSC's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, (Case No. A-552-802) (January 26, 2009).
    \3\ See UTXI Corp.'s submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, (Case No. A-552-802) (January 27, 2009).
    \4\ See Cadovimex-Vietnam's submission to the Department 
regarding Certain Frozen Warmwater Shrimp from Vietnam: Request for 
Changed Circumstances Review, (Case No. A-552-802) (February 4, 
2009).
    \5\ See Thuan Phuoc JSC's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, (Case No. A-552-802) (February 5, 2009).
    \6\ See Bac Lieu's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, (Case No. A-552-802) (February 6, 2009).
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    In their submissions, Bac Lieu, Cadovimex-Vietnam, STAPIMEX JSC, 
Thuan Phuoc JSC, and UTXI Corp. (collectively ``CCR Companies'') each 
provided information regarding the events leading to each company's 
transition from the Original Companies. Additionally, each of the CCR 
Companies provided documentation relating to its change from either an 
SOE to a joint stock company (``JSC'') (i.e., Cadovimex-Vietnam, 
STAPIMEX JSC, and Thuan Phuoc JSC) or from a limited liability company 
to a JSC (i.e., Bac Lieu and UTXI Corp.). In addition, all the CCR 
Companies provided documentation comparing their current ownership 
structures and management, organizational structures, customer bases, 
accounting processes, supplier relationships, and products to those of 
their respective Original Companies. As part of their submissions, the 
CCR Companies requested that the Department conduct expedited reviews.

Scope of Order

    The scope of the 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,\7\ deveined or not deveined, cooked or raw, or otherwise 
processed in frozen form.
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    \7\ ``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 the 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 shrimp (Penaeus brasiliensis), southern brown shrimp 
(Penaeus subtilis), southern pink shrimp (Penaeus

[[Page 11529]]

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 the 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 the 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 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) canned warmwater shrimp and prawns (HTS 
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 the 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 the order is 
dispositive.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``Act''), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order which shows changed 
circumstances sufficient to warrant a review of the order. The 
Department has determined that the information submitted by the CCR 
Companies demonstrates changed circumstances sufficient to warrant a 
review. See 19 CFR 351.216(d). Additionally, section 751(b)(4) of the 
Act states that the Department shall not conduct a review less than 24 
months after the date of publication of the less-than-fair-value 
determination, in the absence of good cause. As noted above, all the 
CCR Companies filed their requests for changed circumstances reviews 
more than 24 months after the publication of the Order.
    In accordance with the above-referenced regulations, the Department 
is initiating changed circumstances reviews to determine whether the 
CCR Companies are the successors-in-interest to the Original Companies. 
In determining whether one company is the successor to another for 
purposes of applying the antidumping duty law, the Department examines 
a number of factors including, but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Certain Cut-to-Length Carbon Steel Plate 
from Romania: Initiation and Preliminary Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 22847 (May 
3, 2005). While no one or several of these factors will necessarily 
provide a dispositive indication of succession, the Department will 
generally consider one company to be a successor to another company if 
its resulting operation is similar to that of its predecessor. See 
Notice of Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 
4, 2006). Thus, if the evidence demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.
    Due to the complexity and breadth of analysis required for five 
separate changed circumstance reviews, it is not practical to conduct 
expedited changed circumstance reviews. Therefore, we have not issued 
the preliminary results of these changed circumstance reviews at this 
time. The Department will publish in the Federal Register a notice of 
preliminary results of the antidumping duty changed circumstances 
reviews, in accordance with 19 CFR 351.221(b)(4) and 19 CFR 
351.221(c)(3)(i). This notice will set forth the factual and legal 
conclusions upon which our preliminary results are based and a 
description of any action proposed based on those results. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results of the reviews. In accordance 
with 19 CFR 351.216(e), the Department will issue the final results of 
its antidumping duty changed circumstances reviews not later than 270 
days after the date on which the reviews are initiated, or within 45 
days if all parties to the proceeding agree to the outcome of the 
preliminary findings, and will publish these results in the Federal 
Register.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: March 12, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-5875 Filed 3-17-09; 8:45 am]
BILLING CODE 3510-DS-P