[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54453-54455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893, A-533-840, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China, India, Thailand, and the Socialist Republic of Vietnam: Final 
Results of Expedited Third Sunset Review of Antidumping Duty Orders

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

SUMMARY: As a result of these sunset reviews, the U.S. Department of 
Commerce (Commerce) 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.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-1058.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2022, Commerce published the notice of initiation of the 
third sunset review of the AD orders on certain frozen warmwater shrimp 
from the People's Republic of China (China), India, Thailand, and the 
Socialist Republic of Vietnam (Vietnam) \1\ pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\2\
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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 People's Republic of China, 70 FR 5149 (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 Thailand, 70 FR 
5145 (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 the Socialist Republic of Vietnam, 70 
FR 5152 (February 1, 2005) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617 
(May 2, 2022) (Notice of Initiation).
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    In May 2022, the Ad Hoc Shrimp Trade Action Committee (AHSTAC) and 
the American Shrimp Processors Association (ASPA) (collectively, the 
domestic interested parties) notified Commerce of their intent to 
participate within the 15-day period specified in 19 CFR 351.218(d)(1). 
The domestic interested parties claimed interested party status under 
sections 771(9)(C) and (E) of the Act as producers of domestic like 
product and a trade association, the majority of whose members are 
producers and/or processors of a domestic like product, in the United 
States, respectively.
    On May 27 and June 2, 2022, Commerce received complete substantive 
responses to the Notice of Initiation with respect to the Orders from 
the domestic interested parties within the 30-day period specified in 
19 CFR 351.218(d)(3)(i).\3\ Commerce

[[Page 54454]]

received no substantive responses from respondent interested parties. 
As a result, pursuant to section 751(c)(3)(8) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset 
reviews of the Orders.
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    \3\ See AHSTAC's Letters, ``Third Sunset Review of the 
Antidumping Duty Order on Frozen Warmwater Shrimp from the People's 
Republic of China: Substantive Response to Notice of Initiation''; 
``Third Sunset Review of the Antidumping Duty Order on Certain 
Frozen Warmwater Shrimp from India: Substantive Response to Notice 
of Initiation''; ``Third Sunset Review of the Antidumping Duty Order 
on Certain Frozen Warmwater Shrimp from Thailand: Substantive 
Response to Notice of Initiation''; and ``Third Sunset Review of the 
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Substantive Response to Notice of 
Initiation,'' each dated May 27, 2022; see also ASPA's Letters, 
``Third Five-Year (`Sunset') Review of Antidumping Order on Frozen 
Warmwater Shrimp from China: ASPA's Substantive Response to Notice 
of Initiation''; ``Third Five-Year (`Sunset') Review of Antidumping 
Duty Order on Frozen Warmwater Shrimp from India: ASPA's Substantive 
Response to Notice of Initiation''; ``Third Five-Year (`Sunset') 
Review of Antidumping Order on Frozen Warmwater Shrimp from 
Thailand: ASPA's Substantive Response to Notice of Initiation''; and 
``Third Five-Year Review of the Antidumping Duty Order on Frozen 
Warmwater Shrimp from Vietnam: ASPA's Substantive Response to Notice 
of Initiation,'' each dated June 2, 2022.
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Scope of the Orders

    The scope of the Orders is certain frozen warmwater shrimp from 
China, India, Thailand, and Vietnam. For a complete description of the 
scope of the Orders, see the appendix to this notice.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the accompanying Issues and Decision Memorandum.\4\ The 
issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Expedited Third Sunset Reviews of the Antidumping 
Duty Order on Certain Frozen Warmwater Shrimp from the People's 
Republic of China, India, Thailand, and the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice.
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would likely lead to 
a continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins up 
to 112.81 percent for China, up to 110.90 percent for India, up to 5.34 
percent for Thailand, and up to 25.76 percent for Vietnam.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order 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 order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing the results in accordance with 
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.

    Dated: August 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--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,\5\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form.
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    \5\ ``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) Lee Kum 
Kee's shrimp sauce; \6\ (7) canned warmwater shrimp and prawns 
(HTSUS 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 ten 
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. 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.
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    \6\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope of the China Order.
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    On February 1, 2005, Commerce excluded canned warmwater shrimp 
and prawns from the scope of the Orders pertaining to India, China, 
Thailand, and Vietnam to reflect the International Trade 
Commission's (ITC's) determination that a domestic industry in the 
United States was not materially injured or threatened with material 
injury by reason of imports of canned warmwater shrimp and prawns 
from India, China, Thailand, or Vietnam.\7\
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    \7\ See 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); Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 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 the Socialist Republic of Vietnam, 70 
FR 5149 (February 1, 2005).
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    On January 23, 2007, Commerce issued amended Orders clarifying 
that only frozen warmwater shrimp and prawns are subject to the 
Orders.\8\ On July 1, 2009, Commerce filed the Final Results of 
Redetermination Pursuant to Court Remand with the Court of 
International Trade in which Commerce determined that ``dusted'' 
shrimp is included within the scope of the investigations.\9\
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    \8\ See Certain Frozen Warmwater Shrimp from Brazil, Ecuador, 
India, Thailand, the People's Republic of China and the Socialist 
Republic of Vietnam; Amended Orders, 72 FR 2857 (January 23, 2007).
    \9\ See Ad Hoc Shrimp Trade Action Committee, et. al v. United 
States Court No. 05-00192 Slip Op. 09-60 (CIT July 1, 2009).

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[[Page 54455]]

    The products covered by these Orders are currently classified 
under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 
1605.21.10.30, and 1605.29.10.10. 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 
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these Orders is dispositive.

[FR Doc. 2022-19125 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P