[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30648-30650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13105]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: 
Final Results of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (``Department'') has determined 
that Viet I-Mei Frozen Foods Co., Ltd. (``Viet I-Mei'') is the 
successor-in-interest to Grobest & I-Mei Industrial (Vietnam) Co., Ltd. 
(``Grobest & I-Mei''), and should be accorded the same antidumping duty 
treatment as the original company, Grobest & I-Mei for purposes of the 
antidumping duty order on frozen warmwater shrimp (``shrimp'') from the 
Socialist Republic of Vietnam (``Vietnam'').

[[Page 30649]]


DATES:  Effective Date: May 26, 2011

FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1655.

Background

    On February 1, 2005, the Department published in the Federal 
Register the antidumping duty order for frozen warmwater shrimp from 
Vietnam. 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, 5154-55 
(February 1, 2005) (``Order''). As a part of the first new shipper 
review of shrimp from Vietnam, Grobest & I-Mei received a separate 
antidumping duty cash deposit rate of zero. 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 (September 12, 2007).
    On February 28, 2011, Viet I-Mei requested that the Department 
conduct a changed circumstances review, claiming that it is the 
successor-in-interest to Grobest & I-Mei. On April 12, 2011, the 
Department initiated the changed circumstances review of Grobest & I-
Mei and preliminarily determined that Viet I-Mei was the successor-in-
interest to Grobest & I-Mei. See Frozen Warmwater Shrimp From the 
Socialist Republic of Vietnam: Initiation and Preliminary Results of 
Changed Circumstances Review, 76 FR 20318 (April 12, 2011) 
(``Preliminary Results''). In the Preliminary Results, the Department 
invited interested parties to comment. See Preliminary Results. We 
received no comments or requests for a hearing from interested parties.

Scope of the Order

    The scope of the order 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,\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 this order, 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 this order. 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 this 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); and (7) 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.
    The products covered by this order 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 this order is 
dispositive.

Final Results of Changed Circumstances Review

    For the reasons stated in the Preliminary Results (which we 
incorporate herein by reference), and because the Department did not 
receive any comments on the Preliminary Results of this review, the 
Department continues to find that Viet I-Mei is the successor-in-
interest to Grobest & I-Mei, for purposes of the antidumping duty cash-
deposit rate. Accordingly, Viet I-Mei should receive the same 
antidumping duty treatment as Grobest & I-Mei.

Notification

    The Department will instruct U.S. Customs and Border Protection 
that the cash deposit determination from this changed circumstances 
review will apply to all shipments of the subject merchandise produced 
and exported by Viet I-Mei Frozen Foods Co., Ltd. entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this changed circumstances review. This deposit 
rate shall remain in effect until further notice.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.


[[Page 30650]]


    Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13105 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P