[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1883-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00396]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

ACTION: Notice; correction.

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SUMMARY: In the Federal Register of July 5, 2023, the U.S. Department 
of Commerce (Commerce) published a notice of continuation 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). This notice contained an 
incorrect scope of the orders.

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:

Correction

    In the Federal Register of July 5, 2023, in FR Doc 2023-14181, on 
page 42915 in the first and second columns, correct the scope of the 
orders to state: ``The scope of the orders includes 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,\1\ deveined or not deveined, cooked or 
raw, or otherwise processed in frozen form.
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    \1\ ``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 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, 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).

[[Page 1884]]

    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 scope are: (1) breaded shrimp and prawns (HTSUS 
subheading 1605.20.1020); (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 0306.23.0020 and 0306.23.0040); (4) shrimp 
and prawns in prepared meals (HTSUS subheading 1605.20.0510); (5) dried 
shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; \2\ (7) canned 
warmwater shrimp and prawns (HTSUS subheading 1605.20.1040); 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 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.
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    \2\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope of the AD order on certain frozen 
warmwater shrimp from China.
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    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, 
1605.21.10.30, 1605.29.10.10, 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. These HTSUS subheadings are provided for 
convenience and for customs purposes only; the written description of 
the scope of the orders are dispositive.'' \3\
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    \3\ On April 26, 2011, Commerce amended the orders to include 
dusted shrimp, pursuant to the Court 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 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 Frozen Warmwater 
Shrimp from Brazil, China, India, Thailand, and Vietnam, Inv. Nos. 
731-TA1063, 1064, 1066-1068 (Review), USITC Pub. 4221 (March 2011).
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Background

    On July 5, 2023, Commerce published in the Federal Register the 
continuation of the orders for certain frozen warmwater shrimp from 
China, India, Thailand, and Vietnam.\4\ We inadvertently included the 
wrong scope of the orders.
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    \4\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China, India, Thailand, and the Socialist Republic of 
Vietnam: Continuation of Antidumping Duty Orders, 88 FR 42914 (July 
5, 2023).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(c), 751(d)(2), and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.218(f)(4).

    Dated: January 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00396 Filed 1-10-24; 8:45 am]
BILLING CODE 3510-DS-P