[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42914-42915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14181]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Frozen Warmwater Shrimp From the People's Republic of 
China, India, Thailand, and the Socialist Republic of Vietnam: 
Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on certain frozen 
warmwater shrimp from the People's Republic of China (China), India, 
Thailand, and the Socialist Republic of Vietnam (Vietnam) would likely 
lead to the continuation or recurrence of dumping, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of these AD orders.

DATES: Applicable June 26, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office 
II, 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 February 1, 2005, Commerce published in the Federal Register the 
AD orders on certain frozen warmwater shrimp from China, India, 
Thailand, and Vietnam.\1\ On May 2, 2022, the ITC instituted,\2\ and 
Commerce initiated,\3\ the third sunset review of the Orders, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, Commerce determined that revocation of the 
Orders would likely lead to the continuation or recurrence of dumping 
and, therefore, notified the ITC of the magnitude of the margins of 
dumping likely to prevail should the Orders be revoked.\4\
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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 Frozen Warmwater Shrimp from China, India, Thailand, and 
Vietnam; Institution of Five-Year Reviews, 87 FR 25665 (May 2, 
2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617 
(May 2, 2022).
    \4\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China, India, Thailand, and the Socialist Republic of 
Vietnam: Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Orders, 87 FR 54453 (September 6, 2022), and 
accompanying Issues and Decision Memorandum.
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    On June 26, 2023, the ITC published its determination, pursuant to 
sections

[[Page 42915]]

751(c) and 752(a) of the Act, that revocation of the Orders would 
likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\5\
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    \5\ See Frozen Warmwater Shrimp from China, India, Thailand, and 
Vietnam; Determination, 88 FR 41417 (June 26 2023) (ITC Final 
Determination).
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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: 0306.17.00.03, 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, 
1605.20.10.10, 1605.20.10.30, 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, and 0306.17.0042. 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.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Orders. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be June 
26, 2023.\7\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \7\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
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 violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: June 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-14181 Filed 7-3-23; 8:45 am]
BILLING CODE 3510-DS-P