[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44275-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16053]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China and Thailand: Final Results of the Expedited Second 
Sunset Reviews of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (the Department) finds that revocation of the antidumping duty 
(AD) orders would be likely to lead to continuation or recurrence of 
dumping at the dumping margins identified in the ``Final Results of 
Reviews'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations, 
Office II, AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4929.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2016, the Department published the notice of initiation 
of the sunset reviews of the AD Orders \1\ on certain frozen warmwater 
shrimp from Brazil, India, the People's Republic of China (PRC), and 
Thailand, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On March 8, 2016, and March 16, 2016, 
respectively, the Ad Hoc Shrimp Trade Action Committee (AHSTAC 
(petitioner in the underlying investigation)) and the American Shrimp 
Processors Association (ASPA) notified the Department of their intent 
to participate within the 15-day period specified in 19 CFR 
351.218(d)(1)(i).\3\ AHSTAC claimed interested party status under 
section 771(9)(C) of the Act stating that its individual members are 
each producers in the United States of a domestic like product. ASPA 
claimed interested party status under section 771(9)(E) of the Act 
stating that it is a trade association, the majority of whose members 
are producers and/or processors of a

[[Page 44276]]

domestic like product in the United States.
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    \1\ 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 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); and 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) 
(collectively, Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 10578 
(March 1, 2016) (Notice of Initiation). The Notice of Initiation 
also announced the initiation of the sunset review of the 
antidumping duty order on certain frozen warmwater shrimp from the 
Socialist Republic of Vietnam. However, the results of that sunset 
review will be discussed within a separate Federal Register notice 
in the context of a full sunset review in that case.
    \3\ See AHSTAC March 8, 2016, submission ``Second Sunset Review 
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp 
from Brazil, India, Thailand, the People's Republic of China and the 
Socialist Republic of Vietnam: Entry of Appearance, Notice of Intent 
to Participate in Review and APO Application.'' See also ASPA March 
16, 2016, submissions ``Second Sunset Review of the Antidumping 
Order on Frozen Warmwater Shrimp from Brazil (A-351-838): Notice of 
Intent to Participate of the American Shrimp Processors 
Association,'' ``Second Sunset Review of the Antidumping Order on 
Frozen Warmwater Shrimp from India (A-533-840): Notice of Intent to 
Participate of the American Shrimp Processors Association,'' 
``Second Sunset Review of the Antidumping Order on Frozen Warmwater 
Shrimp from the People's Republic of China (A-570-893): Notice of 
Intent to Participate of the American Shrimp Processors 
Association,'' and ``Second Sunset Review of the Antidumping Order 
on Frozen Warmwater Shrimp from Thailand (A-549-822): Notice of 
Intent to Participate of the American Shrimp Processors 
Association.''
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    On March 29 and 31, 2016, respectively, the Department received 
complete substantive responses to the Notice of Initiation from AHSTAC 
\4\ and from ASPA \5\ (collectively, domestic interested parties) 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We 
received no substantive responses from respondent interested parties 
with respect to the orders on certain frozen warmwater shrimp from 
Brazil, India, the PRC, or Thailand, nor was a hearing requested. As a 
result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department 
conducted expedited (120-day) sunset reviews of the AD Orders on 
certain frozen warmwater shrimp from Brazil, India, the PRC, and 
Thailand.
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    \4\ See AHSTAC March 29, 2016, submission ``Second Sunset Review 
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp 
from Brazil, India, Thailand, the People's Republic of China and the 
Socialist Republic of Vietnam: Substantive Response to Notice of 
Initiation.''
    \5\ See ASPA March 31, 2016, submissions ``Second Sunset Review 
of the Antidumping Order on Frozen Warmwater Shrimp from Brazil (A-
351-838): Substantive Response to Notice of Initiation,'' ``Second 
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp 
from India (A-533-840): Substantive Response to Notice of 
Initiation,'' ``Second Sunset Review of the Antidumping Order on 
Frozen Warmwater Shrimp from the People's Republic of China (A-570-
893): Substantive Response to Notice of Initiation,'' and ``Second 
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp 
from Thailand (A-549-822): Substantive Response to Notice of 
Initiation.''
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Scope of the Orders

    The products covered by the Orders include certain frozen warmwater 
shrimp and prawns whether wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\6\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \6\ ``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 
Orders, regardless of definitions in the Harmonized Tariff Schedule of 
the United States (HTSUS), 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 Orders. In addition, food 
preparations, 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 orders.
    Excluded from the Orders are: (1) Breaded shrimp and prawns (HTSUS 
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 
(5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns 
(HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) 
certain battered shrimp. Dusted 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 IQF freezing immediately 
after application of the dusting layer. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of 
dusting above, is coated with a wet viscous layer containing egg and/or 
milk, and par-fried.
    The products covered by the Orders are currently classified under 
the following HTSUS 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 HTSUS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of the orders is 
dispositive. The Issues and Decision Memorandum, which is hereby 
adopted by this notice, provides a full description of the scope of the 
Orders.\7\
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    \7\ See the Department's memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Expedited 
Second Sunset Reviews of the Antidumping Duty Orders on Certain 
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of 
China, and Thailand,'' dated concurrently with this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in these reviews is 
provided in the accompanying Issues and Decision Memorandum. The issues 
discussed in the Issues and Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins likely to prevail if the Orders were revoked. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the AD Orders on certain 
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand would 
be likely to lead to continuation or recurrence of dumping, and that 
the magnitude of the dumping margins likely to prevail would be 
weighted-average margins up to 67.80 percent for Brazil, up to 110.90 
percent for India, up to 112.81 percent for the PRC, and up to 5.34 
percent for Thailand.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the

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return or destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective 
orders is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16053 Filed 7-6-16; 8:45 am]
 BILLING CODE 3510-DS-P