[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27299-27300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11704]



[[Page 27299]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-533-840, A-570-893, A-549-822]


Certain Frozen Warmwater Shrimp from Brazil, India, the People's 
Republic of China and Thailand: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 4, 2010, the Department of Commerce (the 
Department) initiated sunset reviews of the antidumping duty orders on 
certain frozen warmwater shrimp from Brazil, India, the People's 
Republic of China (PRC), and Thailand, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). The Department has 
conducted expedited (120-day) sunset reviews for these orders pursuant 
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, 
the Department finds that revocation of the antidumping duty orders 
would be likely to lead to continuation or recurrence of dumping.

FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION: Kate Johnson, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4929.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2005, the Department published the antidumping duty 
orders on certain frozen warmwater shrimp from Brazil, India, the PRC, 
and Thailand. See Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Frozen 
Warmwater Shrimp from Brazil, 70 FR 5143 (February 1, 2005); Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 
FR 5147 (February 1, 2005); 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); and Notice of Amended Final Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order: Certain Frozen 
Warmwater Shrimp from Thailand, 70 FR 5145 (February 1, 2005).
    On January 4, 2010, the Department published the notice of 
initiation of the sunset reviews of the antidumping duty orders on 
certain frozen warmwater shrimp from Brazil, India, the PRC, and 
Thailand, pursuant to section 751(c) of the Act. See Initiation of 
Five-year (``Sunset'') Review, 75 FR 103 (January 4, 2010) (Notice of 
Initiation).\1\
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    \1\ The Notice of Initiation also announced the initiation of 
the sunset review of the antidumping duty order on certain frozen 
warmwater shrimp from the Socialist Republic of Vietnam. However, 
the results of that sunset review will be discussed within a 
separate Federal Register notice in the context of a full sunset 
review in that case.
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    The Department received a notice of intent to participate from the 
Ad Hoc Shrimp Trade Action Committee (petitioner) and the American 
Shrimp Processors Association (ASPA) within the deadline specified in 
19 CFR 351.218(d)(1)(i). The petitioner claimed interested party status 
under section 771(9)(C) of the Act stating that its individual members 
are each producers in the United States of a domestic like product. 
ASPA claimed interested party status under section 771(9)(E) of the Act 
stating that it is a trade association, the majority of whose members 
are producers and/or processors of a domestic like product in the 
United States.
    The Department received complete substantive responses to the 
Notice of Initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
substantive responses from respondent interested parties with respect 
to the orders on certain frozen warmwater shrimp from Brazil, the PRC, 
or Thailand, nor was a hearing requested. We received a substantive 
response from the Seafood Exporters Association of India (SEAI), which 
is a trade association whose membership consists of Indian producers 
and exporters of the subject merchandise, within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i). On February 12, 2010, ASPA 
submitted rebuttal comments to SEAI's substantive response. We 
determined that SEAI's substantive response was not adequate because it 
failed to provide the volume and value of its members' exports of 
subject merchandise to the United States for several specific time 
periods enumerated by 19 CFR 351.218(d)(3)(iii)(B-E). See the March 2, 
2010, memorandum entitled ``Adequacy Determination in Antidumping Duty 
Sunset Review of Certain Frozen Warmwater Shrimp from India.'' On March 
4, 2010, SEAI requested that the Department reconsider its adequacy 
finding. On March 30, 2010, we notified SEAI that we continued to find 
that its substantive response was inadequate. As a result, pursuant to 
19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited 
(120-day) sunset reviews of the antidumping duty orders on certain 
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand.

Scope of the Orders

    The products covered by the orders include 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 
orders, 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 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 orders. 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 orders.
    Excluded from the orders are: 1) breaded shrimp and prawns (HTSUS 
subheading 1605.20.10.20); 2) shrimp and prawns generally classified in 
the

[[Page 27300]]

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 the orders 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 orders is 
dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Certain Frozen Warmwater Shrimp from Brazil, 
India, the People's Republic of China, and Thailand'' from John M. 
Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration (Decision Memo), which is 
hereby adopted by, and issued concurrently with, this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these reviews 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. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
certain frozen warmwater shrimp from Brazil, India, the PRC, and 
Thailand would be likely to lead to continuation or recurrence of 
dumping at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
                                                            Brazil
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Netuno Alimentos S.A./Maricultura Netuno S.A./                      7.94
 Netuno USA, Inc. (collectively, Netuno)*...........
Central de Industrializacao de Distribuicao de                      4.97
 Alimentos Ltda./Cia. Exportadora de Produtos do Mar
 (Produmar).........................................
Norte Pesca.........................................               67.80
All-Others Rate.....................................                7.05
*Netuno is the successor-in-interest to Empresa de
 Armazenagem Frigorifica Ltda./Maricultura Netuno
 S.A.India..........................................
Devi Sea Foods Ltd..................................                4.94
Hindustan Lever Ltd.................................               15.36
Nekkanti Seafoods Ltd...............................                9.71
All-Others Rate.....................................         10.17PRC\3\
Allied Pacific Group................................               80.19
Hilltop International**.............................               82.27
Shantou Red Garden Foodstuff Co., Ltd...............               27.89
PRC-Wide Rate.......................................              112.81
Separate Rate.......................................               53.68
**Hilltop International is the successor-in-interest
 to Yelin Enterprise Hong Kong.Thailand\4\..........
The Union Frozen Products Co., Ltd..................                5.34
All-Others Rate.....................................                5.34
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\3\ Zhanjiang Guolian Aquatic Products Co., Ltd. was excluded from the
  antidumping duty order because it was found to have a de minimis
  margin in the less-than-fair-value (LTFV) investigation.
\4\ The LTFV margins for Thailand were amended as a result of
  Implementation of the Findings of the WTO Panel in United States-
  Antidumping Measure on Shrimp From Thailand: Notice of Determination
  Under Section 129 of the Uruguay Round Agreements Act and Partial
  Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp
  From Thailand, 74 FR 5638, 5639 (January 30, 2009). The Rubicon Group,
  comprised of Andaman Seafood Co., Ltd., Wales & Co. Universe Limited,
  Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods Co., Ltd.,
  Intersia Foods Co., Ltd. (formerly Y2K Frozen Foods Co., Ltd.),
  Phatthana Seafood Co., Ltd., Phatthana Frozen Food Co., Ltd., Thailand
  Fishery Cold Storage Public Co., Ltd., Thai International Seafood Co.,
  Ltd., S.C.C. Frozen Seafood Co., Ltd., Sea Wealth Frozen Food Co.,
  Ltd., and Thai I-Mei Frozen Foods Co., Ltd. were revoked from the
  antidumping duty order effective January 16, 2009, also as a result of
  this determination. See also Certain Frozen Warmwater Shrimp From
  Thailand: Final Results of Antidumping Duty Changed Circumstances
  Review and Notice of Revocation in Part, 74 FR 52452 (October 13,
  2009).

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: May 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-11704 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-DS-S