[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47546-47548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Five-year ``Sunset'' Review 
of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 4, 2010, the Department of Commerce (``the 
Department'') published the notice of initiation of the first sunset 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam''). On the basis of 
the notice of intent to participate by domestic interested parties and 
adequate substantive responses filed on behalf of the domestic and 
respondent interested parties, the Department is conducting a full 
sunset review of the antidumping duty order pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 
351.218(e)(2)(i). As a result of this sunset review, the Department 
preliminarily finds that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the levels 
listed below in the section entitled ``Preliminary Results of Review.''

EFFECTIVE DATE: August 6, 2010.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC, 20230; telephone: 202-482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2010, the Department published in the Federal 
Register the notice of initiation of its sunset reviews of the 
antidumping duty orders on certain frozen warmwater shrimp from Brazil, 
the People's Republic of China, India, Thailand, and Vietnam, in 
accordance with section 751(c) of the Act. See Initiation of Five-year 
(``Sunset'') Review, 75 FR 103 (January 4, 2010) (``Notice of 
Initiation'').
    The Department received notices of intent to participate from 
domestic interested parties, the Ad Hoc Shrimp Trade Action Committee 
(``AHSTAC''), and the American Shrimp Processors Association 
(``ASPA''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
The domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act, as manufacturers of a domestic-like 
product in the United States.
    The Department received substantive responses to the Notice of 
Initiation from domestic interested parties and respondent interested 
parties (collectively ``Vietnamese Respondents'') within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). On February 12, 2010, 
ASPA and Vietnamese Respondents filed rebuttal comments to parties' 
substantive responses.
    On March 2, 2010, the Department determined that Vietnamese 
Respondents accounted for more than 50 percent of exports by volume of 
the subject merchandise and, therefore, submitted an adequate 
substantive response to the Department's Notice of Initiation. See 
Memorandum to James C. Doyle: Adequacy Determination in Antidumping 
Duty Sunset Review of Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam, dated March 2, 2010. The Department also 
determined that domestic interested parties submitted an adequate 
response as at least one domestic interested party submitted a complete 
substantive response. See 19 CRF 351.218(e)(1)(i). In accordance with 
19 CFR 351.218(e)(2)(i), the Department determined to conduct a full 
sunset review of this antidumping duty order.As explained in the 
February 12, 2010, memorandum from the Deputy Assistant Secretary for 
Import Administration, the Department exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from February 5, through February 12, 2010. See Memorandum to the 
Record from Ronald Lorentzen, DAS for Import Administration, regarding 
``Tolling of Administrative Deadlines As a Result of

[[Page 47547]]

the Government Closure During the Recent Snowstorm,'' dated February 
12, 2010. Thus, all deadlines in this segment of the proceeding have 
been extended by seven days. On May 6, 2010, in accordance with section 
751(c)(5)(B) of the Act, the Department extended the deadlines for the 
preliminary and final results of this sunset review by 90 days from the 
scheduled dates. See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Extension of Time Limits for Preliminary and Final 
Results of Full Five-year (``Sunset'') Review of Antidumping Duty 
Order, 75 FR 24883 (May 6, 2010). The final results in the full sunset 
review of this antidumping duty order are scheduled on or before 
November 30, 2010.

Scope of the Order

    The scope of the order 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 order, 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 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 (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 order are currently classified under 
the following HTSUS 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 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 order is 
dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Preliminary Results of First 
Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam'' to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, dated July 30, 
2010 (``Decision Memo''), which is hereby adopted by this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the antidumping duty order were revoked. Parties 
can find a complete discussion of all issues raised in this sunset 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Central Records Unit, room 1117 of the main 
Commerce Department building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on certain frozen warmwater shrimp from Vietnam 
is likely to lead to continuation or recurrence of dumping at the 
following weighted-average margins:
    Certain Frozen Warmwater Shrimp from Vietnam

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint Stock Company..............               4.57%
Bim Seafood Joint Stock Company.....................               4.57%
C.P. Vietnam Livestock Corporation..................               4.57%
Ca Mau Seafood Joint Stock Company (``Seaprimexco                  4.57%
 Vietname'')........................................
Cadovimex Seafood Import-Export and Processing Joint               4.57%
 Stock Company (``Cadovimex -Vietnam'').............
Cafatex Fishery Joint Stock Corporation (``Cafatex                 4.57%
 Corporation'') aka Camranh Seafoods................
Camau Frozen Seafood Processing Import Export                      5.24%
 Corporation (``CAMIMEX'')..........................
Cam Ranh Seafoods Processing Enterprise PTE (``Cam                 4.57%
 Ranh Seafoods'')...................................
Coastal Fishery Development Corporation                            4.57%
 (``Cofidec'')......................................
Cuulong Seaproducts Company (``Cuulong Seapro'')....               4.57%

[[Page 47548]]

 
Danang Seaproducts Import Export Corporation                       4.57%
 (``Seaprodex Danang'') (and its affiliate Tho Quang
 Seafood Processing & Export Company)...............
Grobest & I-Mei Industry (Vietnam) Co., Ltd.........               4.57%
Investment Commerce Fisheries Corporation                          4.57%
 (``Incomfish'')....................................
Minh Hai Export Frozen Seafood Processing Joint                    4.57%
 Stock Company (``Minh Hai Jostoco'')...............
Minh Hai Joint-Stock Seafoods Processing Company                   4.30%
 (``Seaprodex Minh Hai'')...........................
Minh Phu Seafood Corp. (and its affiliates Minh Qui                4.38%
 Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.)
 (collectively ``Minh Phu Group'')..................
Ngoc Sinh Private Enterprise........................               4.57%
Nha Trang Fisheries Joint Stock Company (``Nha Trang               4.57%
 Fisco'')...........................................
Nha Trang Seaproduct Company (``Nha Trang                          4.57%
 Seafoods'')........................................
Phu Cuong Seafood Processing & Import-Export Co.,                  4.57%
 Ltd................................................
Phuong Nam Co., Ltd.................................               4.57%
Sao Ta Foods Joint Stock Company (``Fimex VN'').....               4.57%
Soc Trang Seafood Joint Stock Company (``Stapimex'')               4.57%
Thuan Phuoc Seafoods and Trading Corporation (and                  4.57%
 its affiliates Frozen Seafoods Factory No. 32,
 Seafoods and Foodstuff Factory, and My Son Seafoods
 Factory)...........................................
UTXI Aquatic Products Processing Corporation........               4.57%
Viet Foods Co., Ltd.................................               4.57%
Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One                   4.57%
 Co., Ltd...........................................
Vinh Loi Import Export Company (``VIMEX'')..........               4.57%
Vietnam-Wide Entity.................................              25.76%
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Consistent with 19 CFR 351.309(c)(1)(i), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, which must be limited to issues raised in the 
case briefs, may be filed no later than 5 days after the time limit for 
filing the case briefs, in accordance with 19 CFR 351.309(d)(1). Any 
hearing, if requested, will be held two days after rebuttal briefs are 
due, unless the Department alters the date, in accordance with 19 CFR 
351.310(d)(1). The Department intends to issue a notice of final 
results of this first sunset review, which will include the results of 
its analysis of issues raised in any such briefs, no later than 
November 30, 2010.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: July 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-19448 Filed 8-5-10; 8:45 am]
BILLING CODE 3510-DS-S