[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47617-47619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18368]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 8, 2021, the Department of Commerce (Commerce) 
published the initiation and preliminary results of a changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain frozen warmwater shrimp (shrimp) from the Socialist Republic of 
Vietnam (Vietnam). For these final results, Commerce continues to find 
that Camimex Group Joint Stock Company is the successor-in-interest 
(SII) to Camau Frozen Seafood Processing Import Export Corporation, in 
the context of the AD order on shrimp from Vietnam.

DATES: Applicable August 26, 2021.

[[Page 47618]]


FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Samuel Glickstein, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905 
or (202) 482-5307, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2021, Camimex Group Joint Stock Company requested that, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct a CCR 
of the Order \1\ to confirm that Camimex Group Joint Stock Company is 
the SII to Camau Frozen Seafood Processing Import Export Corporation 
and, accordingly, to assign it the cash deposit rate of its 
predecessor.\2\ In its request, Camimex Group Joint Stock Company 
stated that it undertook a legal name change from Camau Frozen Seafood 
Processing Import Export Corporation, but the company is, otherwise, 
unchanged.\3\
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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 the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (Order).
    \2\ See Camimex Group Joint Stock Company's Letter, ``Request 
for Changed Circumstances Review,'' dated June 3, 2021. Camimex 
Group Joint Stock Company also requested that Commerce conduct an 
expedited initiation and preliminary results of the CCR, pursuant to 
19 CFR 351.221(c)(3)(ii).
    \3\ Id. at 4-10.
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    On July 8, 2021, Commerce initiated a CCR and preliminarily 
determined that Camimex Group Joint Stock Company is the SII to Camau 
Frozen Seafood Processing Import Export Corporation.\4\ In the CCR 
Initiation and Prelim, we provided all interested parties with an 
opportunity to comment.\5\ However, we received no comments.
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    \4\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 86 FR 36091 (July 8, 
2021) (CCR Initiation and Prelim).
    \5\ See CCR Initiation and Prelim, 86 FR at 36092.
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Scope of the Order

    The merchandise subject to the Order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 
0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 
0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 
1605.21.10.30, and 1605.29.10.10.\6\ Although the HTSUS numbers are 
provided for convenience and for customs purposes, the written product 
description, provided in the Appendix, remains dispositive.
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    \6\ On July 6, 2021, Commerce revised the HTS subheadings within 
the scope of the Order based on a request received from U.S. Customs 
and Border Protection (CBP). See Memorandum, ``Request from Customs 
and Border Protection to Update the ACE AD Case Reference File,'' 
dated July 6, 2021 (ACCESS Barcode 4139823-01).
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Final Results of Changed Circumstances Review

    For the reasons stated in the CCR Initiation and Prelim, Commerce 
continues to find that Camimex Group Joint Stock Company is the SII to 
Camau Frozen Seafood Processing Import Export Corporation. As a result 
of this determination and consistent with established practice, we find 
that Camimex Group Joint Stock Company should receive the cash deposit 
rate previously assigned to Camau Frozen Seafood Processing Import 
Export Corporation. Consequently, we will instruct CBP to suspend 
liquidation of all shipments of subject merchandise exported by Camimex 
Group Joint Stock Company, and entered or withdrawn from warehouse, for 
consumption on or after the publication date of this notice in the 
Federal Register at the cash deposit rate in effect for Camau Frozen 
Seafood Processing Import Export Corporation. This cash deposit 
requirement shall remain in effect until further notice.

Notification to Interested Parties

    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Act, and 19 CFR 351.216(e), 351.221(b), and 
351.221(c)(3).

    Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--Scope of the Order

    The scope of the order includes certain frozen warmwater shrimp 
and prawns, whether wildcaught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\7\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \7\ ``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, white-leg 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, 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) 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: 0306.17.0004, 0306.17.0005, 
0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 
0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 
0306.17.0041, 0306.17.0042, 1605.21.10.30, and 1605.29.10.10. These 
HTS subheadings are provided for convenience

[[Page 47619]]

and for customs purposes only and are not dispositive, but rather 
the written description of the scope of this order is 
dispositive.\8\
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    \8\ On April 26, 2011, Commerce amended the 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 (USITC) determination, which found the domestic 
like product to include dusted shrimp. 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 23277 (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.

[FR Doc. 2021-18368 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P