[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42050-42051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20060]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Frozen Warmwater Shrimp from Vietnam: Notice of Final Results of
Antidumping Duty Changed Circumstances Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2009, the Department of Commerce (``Department'')
published a notice of preliminary results of changed circumstances
reviews of the antidumping duty order on frozen warmwater shrimp from
Vietnam, and determined that Bac Lieu Fisheries Joint Stock Company
(``Bac Lieu JSC''), Cadovimex Seafood Import-Export and Processing
Joint Stock Company (``Cadovimex Vietnam''), Soc Trang Seafood Joint
Stock Company (``STAPIMEX JSC''), Thuan Phuoc Seafoods and Trading
Corporation (``Thuan Phuoc JSC''), and UTXI Aquatic Products Processing
Corporation (``UTXI Corp.'') (collectively, ``Five CCR Requestors'')
are successors-in-interest, respectively, to Bac Lieu Fisheries Company
Limited (``Bac Lieu Limited''), Cai Doi Vam Seafood Import-Export
Company (``Cadovimex''), Soc Trang Aquatic Products and General Import
Export Company (``STAPIMEX''), Thuan Phuoc Seafoods and Trading
Corporation (``Thuan Phuoc SOE''), and UTXI Aquatic Products Processing
Company (``UTXI'') (collectively, ``Original Companies''), and should
be accorded the same antidumping duty treatment as their respective
Original Companies. However, the Department preliminarily found that
Can Tho Import Export Fishery Limited Company (``CAFISH'') is not the
successor-in-interest to Can Tho Agricultural and Animal Products
Import Export Company (``CATACO'') for purposes of determining the
antidumping duty cash deposit rate.\1\ For the final results, the
Department continues to find that the Five CCR Requestors are the
successors-in-interest to the respective Original Companies, and that
CAFISH is not the successor-in-interest to CATACO.
---------------------------------------------------------------------------
\1\ See Frozen Warmwater Shrimp from Vietnam: Notice of
Preliminary Results of Antidumping Duty Changed Circumstances
Reviews, 74 FR 31698 (July 2, 2009) (``Preliminary Results'').
---------------------------------------------------------------------------
EFFECTIVE DATE: August 20, 2009.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone: 202-482-4047 or 202-482-1386,
respectively.
Background
On February 1, 2005, the Department published in the Federal
Register the antidumping duty order for frozen warmwater shrimp from
Vietnam. 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, 5154-55
(February 1, 2005) (``Order''). As part of the Order, Bac Lieu Limited,
Cadovimex, STAPIMEX, Thuan Phuoc SOE, UTXI, and CATACO received a
separate antidumping duty cash deposit rate of 4.57 percent. Id.
From January 26, 2009, to February 6, 2009, STAPIMEX JSC, UTXI
Corp., Cadovimex-Vietnam, Thuan Phuoc JSC, Bac Lieu JSC, requested that
the Department conduct changed circumstances reviews, claiming that the
Five CCR Requestors are the successors-in-interest to the Original
Companies. On March 18, 2009, the Department initiated changed
circumstances reviews of the Five CCR Requestors. See Certain Frozen
Warmwater Shrimp from Socialist Republic of Vietnam: Initiation of
Changed Circumstances Reviews, 74 FR 11527 (March 18, 2009).
On March 13, 2009, CATACO requested that the Department conduct a
changed circumstances review, claiming CAFISH is the successor-in-
interest to CATACO. On April 14, 2009, the Department initiated the
changed circumstances review. See Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Initiation of Changed Circumstances
Review, 74 FR 17156 (April 14, 2009).
On July 2, 2009, the Department published the preliminary results
for the Five CCR Requestors and CATACO and invited interested parties
to comment. See Preliminary Results. We received no comments or
requests for a hearing from interested parties.
Scope of Order
The scope of this order includes certain warmwater shrimp and
prawns,
[[Page 42051]]
whether frozen, wild-caught (ocean harvested) or farm-raised (produced
by aquaculture), head-on or head-off, shell-on or peeled, tail-on or
tail-off,\2\ deveined or not deveined, cooked or raw, or otherwise
processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this investigation, 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 this investigation. 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 this investigation.
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); (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 individually quick frozen
(``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 this investigation are currently classified
under the following HTS 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 HTS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this investigation
is dispositive.
Final Results of Changed Circumstances Reviews
For the reasons stated in the preliminary results, and because the
Department did not receive any comments on the preliminary results of
these reviews, the Department continues to find that the Five CCR
Requestors are the successors-in-interest to the Original Companies,
respectively, and that CAFISH is not the successor-in-interest to
CATACO, for purposes of the antidumping duty cash-deposit rate.\3\
Accordingly, the Five CCR Requestors should receive the same
antidumping duty treatment as the respective Original Companies to
which we found them to be the successor-in-interest. CAFISH remains
subject to the Vietnam-wide entity rate.
---------------------------------------------------------------------------
\3\ On July 21, 2006, Bac Lieu JSC became the successor to Bac
Lieu Limited; on February 1, 2005, Cadovimex Vietnam became the
successor to Cadovimex; on June 1, 2006, STAPIMEX JSC became the
successor to STAPIMEX; on June 29, 2007, Thuan Phuoc JSC became the
successor to Thuan Phuoc SOE; on June 15, 2006, UTXI Corp. became
the successor to UTXI. See Memo to File, from Jerry Huang,
International Trade Compliance Analyst, through Scot T. Fullerton,
Program Manager, AD/CVD Office 9, regarding Analysis Memo for
Preliminary Determination of Antidumping Duty Changed Circumstances
Reviews of Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam (June 25, 2009)
---------------------------------------------------------------------------
Notification
The Department will instruct U.S. Customs and Border Protection
that the cash deposit determination from these changed circumstances
reviews will apply to all shipments of the subject merchandise produced
and exported by the Five CCR Requestors entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of these changed circumstances reviews. This deposit rate
shall remain in effect until publication of the final results of the
next administrative review in which the Five CCR Requestors
participate.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/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.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.
Dated: August 14, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-20060 Filed 8-19-09; 8:45 am]
BILLING CODE 3510-DS-S