[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 75965-75967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results of the First Five-year ``Sunset'' Review of the 
Antidumping Duty Order

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

SUMMARY: On January 4, 2010, the Department of Commerce (``the 
Department'') published the notice of initiation of the first sunset 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam''). On the basis of 
the notices of intent to participate by domestic interested parties and 
adequate substantive responses filed on behalf of the domestic and 
respondent interested parties, the Department conducted a full sunset 
review of the antidumping duty order pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.218(e)(2)(i). As a result of this sunset review, the Department 
finds that revocation of the antidumping duty order would likely lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled ``Final Results of Review.''

DATES: Effective Date: December 7, 2010.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: 202-482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2010, the Department published in the Federal 
Register the notice of initiation of its sunset reviews of the 
antidumping duty orders on certain frozen warmwater shrimp from Brazil, 
the People's Republic of China, India, Thailand, and Vietnam, in 
accordance with section 751(c) of the Act. See Initiation of Five-Year 
(``Sunset'') Review, 75 FR 103 (January 4, 2010) (``Notice of 
Initiation'').
    The Department received notices of intent to participate from 
domestic interested parties, the Ad Hoc Shrimp Trade Action Committee 
(``AHSTAC''), and the American Shrimp Processors Association 
(``ASPA''), within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act, as manufacturers of a 
domestic-like product in the United States.
    The Department received substantive responses to the Notice of 
Initiation from respondent interested parties (collectively 
``Vietnamese Respondents'') and domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). On February 12, 
2010, Vietnamese Respondents and ASPA filed rebuttal comments to 
parties' substantive responses.
    19 CFR 351.218(e)(1)(ii)(A) provides that the Secretary normally 
will conclude that respondent interested parties have provided adequate 
response to a notice of initiation where the Department receives 
complete substantive responses from respondent interested parties 
accounting on average for more than 50 percent, by volume, or value, if 
appropriate, of the total exports of the subject merchandise to the 
United States over the five calendar years preceding the year of 
publication of the notice of initiation. On March 2, 2010, the 
Department determined that Vietnamese Respondents accounted for more 
than 50 percent of exports by volume of the subject merchandise and, 
therefore, submitted an adequate substantive response to the 
Department's Notice of Initiation. See Memorandum to James C. Doyle: 
Adequacy Determination in Antidumping Duty Sunset Review of Certain 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, dated 
March 2, 2010. The Department also determined that domestic interested 
parties submitted an adequate response as at least one domestic 
interested party submitted a complete substantive response. See 19 CRF 
351.218(e)(1)(i). In accordance with 19 CFR 351.218(e)(2)(i), the 
Department determined to conduct a full sunset review of this 
antidumping duty order.
    On May 6, 2010, in accordance with section 751(c)(5)(B) of the Act, 
the Department extended the deadlines for the preliminary and final 
results of this sunset review by 90 days from the scheduled dates. See 
Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Extension of Time Limits for Preliminary and Final Results of Full 
Five-year (``Sunset'') Review of Antidumping Duty Order, 75 FR 24883 
(May 6, 2010).
    The Department published the preliminary results of this sunset 
review on August 6, 2010. See Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of the First Five-
year ``Sunset'' Review of the Antidumping Duty Order, 75 FR 47546 
(August 6, 2010) (``Preliminary Results''). In the Preliminary Results, 
the Department found that revocation of the order would likely result 
in continuation or recurrence of dumping at margins found in the 
original investigation.
    On September 7, 2010, within the deadline specified in 19 CFR 
351.309(c)(1)(i), the Department received a case brief on behalf of 
Vietnamese Respondents. On September 13, 2010, the Department received 
rebuttal briefs on behalf of AHSTAC and ASPA.

Scope of the 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,\1\ deveined or not deveined, cooked or raw, or otherwise 
processed in frozen form.
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    \1\ ``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 notialis), southern 
rough shrimp (Trachypenaeus curvirostris), southern white shrimp 
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white 
shrimp (Penaeus occidentalis),

[[Page 75966]]

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 (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 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.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Final Results of the First 
Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam'' to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, dated November 
30, 2010 (``Decision Memo''), which is hereby adopted by 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 antidumping duty order were revoked. Parties 
can find a complete discussion of all issues raised in this sunset 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Central Records Unit, room 7046 of the main 
Commerce 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/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on certain frozen warmwater shrimp from Vietnam is likely to lead 
to continuation or recurrence of dumping at the following weighted-
average margins:

              Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/Exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint Stock Company.....................         4.57
Bim Seafood Joint Stock Company............................         4.57
C.P. Vietnam Livestock Corporation.........................         4.57
Ca Mau Seafood Joint Stock Company (``Seaprimexco                   4.57
 Vietname'')...............................................
Cadovimex Seafood Import-Export and Processing Joint Stock          4.57
 Company (``Cadovimex-Vietnam'')...........................
Cafatex Fishery Joint Stock Corporation (``Cafatex                  4.57
 Corporation'') aka Camranh Seafoods.......................
Camau Frozen Seafood Processing Import Export Corporation           5.24
 (``CAMIMEX'').............................................
Cam Ranh Seafoods Processing Enterprise PTE (``Cam Ranh             4.57
 Seafoods'')...............................................
Coastal Fishery Development Corporation (``COFIDEC'')......         4.57
Cuulong Seaproducts Company (``Cuulong Seapro'')...........         4.57
Danang Seaproducts Import Export Corporation (``Seaprodex           4.57
 Danang'') (and its affiliate Tho Quang Seafood Processing
 & Export Company).........................................
Grobest & I-Mei Industry (Vietnam) Co., Ltd................         4.57
Investment Commerce Fisheries Corporation (``Incomfish'')..         4.57
Minh Hai Export Frozen Seafood Processing Joint Stock               4.57
 Company (``Minh Hai Jostoco'')............................
Minh Hai Joint-Stock Seafoods Processing Company                    4.30
 (``Seaprodex Minh Hai'')..................................
Minh Phu Seafood Corp. (and its affiliates Minh Qui Seafood         4.38
 Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively
 ``Minh Phu Group'').......................................
Ngoc Sinh Private Enterprise...............................         4.57
Nha Trang Fisheries Joint Stock Company (``Nha Trang                4.57
 Fisco'')..................................................
Nha Trang Seaproduct Company (``Nha Trang Seafoods'')......         4.57
Phu Cuong Seafood Processing & Import-Export Co., Ltd......         4.57
Phuong Nam Co., Ltd........................................         4.57
Sao Ta Foods Joint Stock Company (``FIMEX VN'')............         4.57
Soc Trang Seafood Joint Stock Company (``STAPIMEX'').......         4.57
Thuan Phuoc Seafoods and Trading Corporation (and its               4.57
 affiliates Frozen Seafoods Factory No. 32, Seafoods and
 Foodstuff Factory, and My Son Seafoods Factory)...........
UTXI Aquatic Products Processing Corporation...............         4.57
Viet Foods Co., Ltd........................................         4.57
Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One Co., Ltd..         4.57

[[Page 75967]]

 
Vinh Loi Import Export Company (``VIMEX'').................         4.57
Vietnam-Wide Entity........................................        25.76
------------------------------------------------------------------------

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or 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.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: November 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-30664 Filed 12-6-10; 8:45 am]
BILLING CODE 3510-DS-P