[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20358-20360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8110]


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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 Antidumping Duty New Shipper Review

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

SUMMARY: On January 9, 2012, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the new shipper review of the antidumping duty order on 
certain frozen warmwater shrimp (``shrimp'') from the Socialist 
Republic of Vietnam (``Vietnam'').\1\ We gave interested parties an 
opportunity to comment on the Preliminary Results. None were submitted. 
As a result, these final results do not differ from the Preliminary 
Results. The final dumping margin for Thong Thuan Company Limited, and 
its subsidiary company, Thong Thuan Seafood Company Limited 
(collectively, ``Thong Thuan'') for the period of review (``POR'') 
February 1, 2010, through January 31, 2011, is listed in the ``Final 
Results of Review'' section below.
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    \1\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty New 
Shipper Review, 77 FR 1053 (January 9, 2012) (``Preliminary 
Results'').

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DATES: Effective Date: April 4, 2012.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4031.

[[Page 20359]]


SUPPLEMENTARY INFORMATION:

Background

    As noted above, on January 9, 2012, the Department published the 
Preliminary Results of the administrative review of shrimp from 
Vietnam. The Department did not receive comments from interested 
parties on the Preliminary Results.

Changes Since the Preliminary Results

    We have not made any changes to the Preliminary Results.

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,\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 
scope of the 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 the 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 the 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) Lee Kum Kee's shrimp sauce \3\; (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.
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    \3\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope in the People's Republic of China case.
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    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 the 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 the order is 
dispositive.\4\
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    \4\ On April 26, 2011, the Department amended the antidumping 
duty order to include dusted shrimp, pursuant to the U.S. Court of 
International Trade (``CIT'') decision in Ad Hoc Shrimp Trade Action 
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the 
U.S. International Trade Commission determination, which found the 
domestic like product to include dusted shrimp. Because the 
amendment of the antidumping duty order occurred after this POR, 
dusted shrimp continue to be excluded in this review. See 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, 76 
FR 23227 (April 26, 2011); see also Ad Hoc Shrimp Trade Action 
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and 
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and 
Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), 
USITC Publication 4221, March 2011.
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Final Results of Review

    The dumping margin for the POR is as follows:

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                  Manufacturer/Exporter                       Margin
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Thong Thuan Company Limited and its subsidiary company,            0.00%
 Thong Thuan Seafood Company Limited....................
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Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirement will be effective upon 
publication of the final results of this NSR for all shipments of 
subject merchandise produced and exported from Thong Thuan entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2)(C) of the Act: (1) For 
subject merchandise produced and exported by Thong Thuan, the cash 
deposit rate will be the rate established in the final results of this 
NSR. If the cash deposit rate calculated in the final results is zero 
or de minimis, no cash deposit will be required for the specific 
producer-exporter combination listed above; (2) for subject merchandise 
exported by Thong Thuan but not manufactured by Thong Thuan, the cash 
deposit rate will continue to be the Vietnam-wide rate (i.e., 25.76 
percent); and (3) for subject merchandise manufactured by Thong Thuan, 
but exported by any other party, the cash deposit rate will be the 
Vietnam-wide rate (i.e., 25.76 percent).

[[Page 20360]]

The cash deposit requirement, when imposed, shall remain in effect 
until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. 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 violation subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-8110 Filed 4-3-12; 8:45 am]
BILLING CODE 3510-DS-P