[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Page 32498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838]


Certain Frozen Warmwater Shrimp From Brazil: Notice of Rescission 
of Antidumping Duty Administrative Review

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

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/
CVD Operations, Office 2, 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) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2012, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil for the period of review (POR) of February 
1, 2011, through January 31, 2012.\1\ The Department received a timely 
request from the Ad Hoc Shrimp Trade Action Committee (Domestic 
Producers) in accordance with 19 CFR 351.213(b), for an administrative 
review of the antidumping duty order on certain frozen warmwater shrimp 
from Brazil. On April 2, 2012, the Department published a notice of 
initiation of an administrative review of the antidumping duty order on 
certain frozen warmwater shrimp from Brazil with respect to three 
companies.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 77 FR 4990 (February 1, 2012).
    \2\ See Certain Frozen Warmwater Shrimp from Brazil, India and 
Thailand: Notice of Initiation of Antidumping Duty Administrative 
Reviews, 77 FR 19612 (April 2, 2012) (Initiation Notice).
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    The Department stated in its initiation of this review that it 
intended to rely on U.S. Customs and Border Protection (CBP) data to 
select respondents. See Initiation Notice. However, our review of the 
CBP database, with respect to the companies for which reviews were 
requested, showed no entries of certain frozen warmwater shrimp 
originating in Brazil, subject to antidumping duties and countervailing 
duties (AD/CVD), during the POR. See April 4, 2012, Memorandum to the 
File entitled ``Release of POR Entry Data from CBP''. We released the 
results of our CBP data query to the Domestic Producers, the only 
interested party to this segment of the proceeding, and invited them to 
comment on the CBP data and respondent selection. We received no 
comments on the CBP data or respondent selection.
    On April 17, 2012, we sent a ``No Shipments Inquiry'' to CBP to 
confirm that there were no shipments or entries of frozen warmwater 
shrimp from Brazil during the POR from the companies subject to review. 
We received no information from CBP to contradict the results of our 
data query.
    On May 8, 2012, we stated that, because information from CBP 
indicates that there were no entries of shrimp from Brazil during the 
POR from the companies covered by this review, we intend to rescind 
this review. See May 8, 2012, Memorandum to James Maeder, Director, 
Office 2, AD/CVD Operations, entitled ``Intent to Rescind 
Administrative Review.'' We invited parties to comment on our intent to 
rescind this administrative review. We did not receive comments from 
any interested party.
    On May 18, 2012, we clarified for the record that the results of 
our CBP data query showed no entries of certain frozen warmwater shrimp 
from Brazil, subject to AD/CVD duties, during the POR from any company. 
See May 18, 2012, Memo to The File entitled ``Data Query Request for 
Respondent Selection.''

Rescission of Review

    Section 351.213(d)(3) of the Department's regulations stipulates 
that the Secretary may rescind an administrative review if there were 
no entries, exports, or sales of the subject merchandise during the 
POR. As there were no entries, exports, or sales of the subject 
merchandise during the POR, we are rescinding this review of the 
antidumping duty order on certain frozen warmwater shrimp from Brazil 
pursuant to 19 CFR 351.213(d)(3). We intend to issue assessment 
instructions to CBP 15 days after the date of publication of this 
notice of rescission of administrative review.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 23, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-13367 Filed 5-31-12; 8:45 am]
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