[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23277-23279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-533-840, A-570-893, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China, Thailand, and the Socialist Republic of Vietnam: 
Amended Antidumping Duty Orders in Accordance with Final Court Decision

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

DATES: Effective Date: April 26, 2011.
SUMMARY: On April 14, 2010, the U.S. Court of International Trade 
(``CIT'') sustained the remand redetermination \1\ issued by the 
Department of Commerce (``Department'') pursuant to the CIT's remand 
order involving the antidumping duty investigations of certain frozen 
warmwater shrimp from Brazil, Ecuador, India, the People's Republic of 
China (``PRC''), Thailand, and the Socialist Republic of Vietnam 
(``Vietnam'').\2\ On March 30, 2011, the U.S. International Trade 
Commission (``ITC'') notified the Department of its final 
determinations in the five-year (sunset) reviews concerning the 
antidumping duty orders on frozen warmwater shrimp from Brazil, the 
PRC, India, Thailand, and Vietnam, in which it found that revocation of 
these orders would likely lead to a continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time to a U.S. industry. The ITC also found the domestic 
like product to include dusted shrimp. See id. at footnote 22. In light 
of the CIT's final decision and the ITC's sunset determination, the 
Department is now issuing amended antidumping duty orders that include 
dusted shrimp within the scope of the orders.
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 05-00192 (October 29, 2009) (``Final 
Redetermination''), found at http://ia.ita.doc.gov/remands/09-69.pdf.
    \2\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
703 F. Supp. 2d 1330 (Ct. Int'l Trade 2010) (``Ad Hoc IV'').

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew

[[Page 23278]]

Renkey, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Ave., NW., Washington, DC 20230; telephone: 
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(202) 482-0219 or (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION: 
    Ad Hoc IV arose out of the Department's final determinations \3\ 
and amended final determinations \4\ in the original investigations of 
certain frozen warmwater shrimp. In Ad Hoc III, the CIT remanded the 
issue of the Department's decision to exclude dusted shrimp from the 
scope of the antidumping duty investigations on certain frozen and 
canned warmwater shrimp.\5\ In the Final Redetermination submitted in 
response to Ad Hoc III, the Department found that dusted shrimp should 
be included within the scope of the investigations. On April 14, 2010, 
the CIT affirmed all aspects of the Department's remand 
redetermination. On September 2, 2010, the Department published in the 
Federal Register the amended final determinations of certain frozen 
warmwater shrimp from Brazil, Ecuador, India, the PRC, Thailand, and 
Vietnam.\6\
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    \3\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR 
76910 (December 23, 2004); Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp 
From Ecuador, 69 FR 76913 (December 23, 2004); Notice of Final 
Determination of Sales at Less Than Fair Value and Negative Final 
Determination of Critical Circumstances: Certain Frozen and Canned 
Warmwater Shrimp From India, 69 FR 76916 (December 23, 2004); Notice 
of Final Determination of Sales at Less Than Fair Value: Certain 
Frozen and Canned Warmwater Shrimp From the People's Republic of 
China, 69 FR 70997 (December 8, 2004); Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Final Determination of 
Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp 
From Thailand, 69 FR 76918 (December 23, 2004); Final Determination 
of Sales at Less Than Fair Value: Certain Frozen and Canned 
Warmwater Shrimp From the Socialist Republic of Vietnam, 69 FR 71005 
(December 8, 2004).
    \4\ 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 Ecuador, 70 FR 5156 
(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); 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); 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)(collectively, the ``Shrimp 
AD Amended Finals and Orders'').
    \5\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
637 F. Supp. 2d 1166 (Ct. Int'l Trade 2009) (``Ad Hoc III'').
    \6\ See Certain Frozen Warmwater Shrimp From Brazil, India, the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam: Notice of Amended Final Determinations of Sales at Less 
Than Fair Value Pursuant to Court Decision, 75 FR 53947 (September 
2, 2010) (``Second Amended Final Determinations'').
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    At the time that the Department issued its Second Amended Final 
Determinations, it did not issue amended antidumping duty orders to 
include dusted shrimp absent an injury analysis from the ITC. On March 
30, 2011, the ITC notified the Department of its final determinations, 
which addressed the injury analysis with respect to dusted shrimp. See 
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and 
Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), 
USITC Publication 4221, March 2011 (``ITC Review Final''). 
Specifically, the ITC noted that:

    ``Dusted shrimp,'' which is now expressly included in the scope 
definition, was expressly excluded from the scope during the 
original investigations. In September 2010, Commerce published a 
notice in the Federal Register amending the scope definition to 
include ``dusted shrimp'' pursuant to a court remand. ``Dusted 
shrimp'' has not been the subject of any domestic like product 
arguments in either the original investigations or these reviews.

See ITC Review Final at 5-6. In turn, the ITC found that it did not 
need to make a formal redetermination of its original injury 
determinations and further stated that ``[b]ecause the scope definition 
now includes dusted shrimp, and the record provides no basis for 
treating dusted shrimp as a distinct like product, we define the 
domestic like product to include dusted shrimp.'' See id. at footnote 
22. As the ITC has found that the domestic like product includes dusted 
shrimp in its ITC Review Final, the Department is now issuing amended 
antidumping duty orders.
    We also note that prior to Ad Hoc IV, the Second Amended Final 
Determinations, and the ITC Review Final, the Department revoked the 
antidumping duty order with respect to Ecuador.\7\ Thus, we are not 
including Ecuador in these amended antidumping duty orders pursuant to 
court decision.
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    \7\ See Implementation of the Findings of the WTO Panel in 
United States Antidumping Measure on Shrimp from Ecuador: Notice of 
Determination Under section 129 of the Uruguay Round Agreements Act 
and Revocation of the Antidumping Duty Order on Frozen Warmwater 
Shrimp from Ecuador, 72 FR 48257 (August 23, 2007).
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Inclusion in the Amended Antidumping Duty Orders

    As we now find that dusted shrimp is within the scope of the 
orders, we have included revised scope language below. We note that the 
original shrimp investigations also included canned warmwater shrimp. 
However, given that the ITC did not find injury with respect to canned 
warmwater shrimp in its original investigation and that the subsequent 
Shrimp AD Amended Finals and Orders did not include canned warmwater 
shrimp, we are similarly not including any reference to canned 
warmwater shrimp in the revised scope language. While the Department 
finds that dusted shrimp are no longer excluded from the scope of the 
orders, it has retained the five-step definition of the dusting 
process, as dusting is a necessary precursor for producing battered 
shrimp, which remains outside the scope.

Scope of the Orders

    The scope of the orders includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\8\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \8\ ``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 these orders, 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, 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

[[Page 23279]]

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 these orders. In addition, food 
preparations (including dusted shrimp), which are not ``prepared 
meals,'' that contain more than 20 percent by weight of shrimp or prawn 
are also included in the scope of these orders.
    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; \9\ (7) canned 
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and (8) 
certain battered shrimp. Battered 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. 
When dusted in accordance with the definition of dusting above, the 
battered shrimp product is also coated with a wet viscous layer 
containing egg and/or milk, and par-fried.
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    \9\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope in the PRC case.
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    The products covered by these orders 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 these orders is 
dispositive.

Collection of Cash Deposits

    The Department will instruct U.S. Customs and Border Protection to 
collect cash deposits on all imports of the subject merchandise 
(including dusted shrimp) entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice.
    This notice is issued and published in accordance with sections 
735(d), 736(a), and 777(i)(1) of the Act.

    Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10080 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P