[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 23972-23973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10427]


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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: 
Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on certain frozen 
warmwater shrimp (shrimp) from Brazil, India, the People's Republic of 
China (PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam) 
would be likely to lead to continuation or recurrence of dumping and of 
material injury to an industry in the United States within a reasonably 
foreseeable time, the Department is publishing notice of the 
continuation of these antidumping duty orders.

DATES: Effective Date: April 29, 2011.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or David Goldberger, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4929 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2010, the Department initiated and the ITC instituted 
sunset reviews of the antidumping duty orders on shrimp from Brazil, 
India, the PRC, Thailand, and Vietnam, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). See Initiation of Five-
Year (``Sunset'') Review, 75 FR 103 (January 4, 2010), and Frozen 
Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam, 75 
FR 1078 (January 8, 2010).
    The Department conducted expedited sunset reviews of the 
antidumping duty orders from Brazil, India, the PRC, and Thailand. As a 
result of its reviews, the Department found that revocation of the 
antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the orders to be revoked. See 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, 75 FR 27299 (May 14, 2010). With respect 
to Vietnam, the Department conducted a full sunset review of the 
antidumping duty order and also found that revocation of the 
antidumping duty order would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail if the order were to be revoked. See Certain 
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Five-year ``Sunset'' Review of the Antidumping 
Duty Order, 75 FR 75965 (December 7, 2010).
    Prior to the completion of the sunset reviews by the Department, on 
April 14, 2010, the United States Court of International Trade (CIT) 
sustained the remand redetermination issued by the Department pursuant 
to the CIT's remand order, which found that dusted shrimp should be 
included within the scope of the antidumping duty investigations of 
certain frozen warmwater shrimp from Brazil, Ecuador, India, the PRC, 
Thailand, and Vietnam.\1\ On September 2, 2010, the Department 
published in the Federal Register the amended final determinations of 
certain frozen warmwater shrimp from Brazil, India, the PRC, Thailand, 
and Vietnam.\2\
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    \1\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
703 F. Supp. 2d 1330 (CIT 2010).
    \2\ 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).
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    On April 5, 2011, the ITC published its determination pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam 
would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. See Frozen Warmwater Shrimp From Brazil, China, 
India, Thailand, and Vietnam, 76 FR 18782 (April 5, 2011). The ITC also 
found the domestic like product to include dusted shrimp. See id. at 
footnote 22. On April 18, 2011, the Department amended the antidumping 
duty orders to include dusted shrimp within the scope of the orders.\3\
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    \3\ 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, signed April 18, 2011 (to be published).

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[[Page 23973]]

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,\4\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \4\ ``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 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; \5\ (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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    \5\ 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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty orders would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on shrimp from Brazil, India, the PRC, Thailand, and 
Vietnam.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of these orders will be the date 
of publication in the Federal Register of this notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year reviews of these orders not later than 
March 2016.
    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 777(i)(1) of the Act.

    Date: April 22, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10427 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-DS-P