[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 49889-49890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20245]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Notice of Final Results of Antidumping Duty Changed-Circumstances
Review: Frozen Warmwater Shrimp from Vietnam
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 30, 2010, the Department of Commerce (``the
Department'') published a notice of initiation and the preliminary
results of its changed-circumstances review of the antidumping duty
order on frozen warmwater shrimp from the Socialist Republic of Vietnam
(``Vietnam'') in which it preliminarily determined that Phuong Nam
Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd.,
and that as such, Phuong Nam Foodstuff Corp is the successor-in-
interest to Phuong Nam Co., Ltd. with respect to entries of subject
merchandise. We gave interested parties the opportunity to comment on
our preliminary results. We received no comments. Therefore, for these
final results, the Department is adopting its preliminary determination
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong
Nam Co., Ltd.
EFFECTIVE DATE: August 16, 2010.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386 or
Steven Hampton at (202) 482-0116, AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on frozen
warmwater shrimp from Vietnam on February 1, 2005. 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 (February 1, 2005) (``VN
Shrimp Order''). Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp.
(collectively ``Phuong Nam'') participated in the third and fourth
administrative reviews of the VN Shrimp Order and requested an
administrative review, and subsequent revocation, for the fifth
administrative review.
On May 14, 2010, Phuong Nam informed the Department that Phuong Nam
Co., Ltd., had changed its name to Phuong Nam Foodstuff Corp. and
petitioned the Department to conduct a changed-circumstances review to
confirm that Phuong Nam Foodstuff Corp. is the successor-in-interest to
Phuong Nam Co., Ltd., for purposes of determining antidumping duties as
a result of the VN Shrimp Order.\1\
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\1\ Phuong Nam claims that this name change was required to
achieve the company's goal of listing the company on the Ho Chi Minh
City Stock Exchange.
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Upon review of the information submitted by Phuong Nam, the
Department determined that an expedited review was practicable and, on
June 30, 2010, issued a combined notice of initiation and preliminary
results. See Frozen Warmwater Shrimp From Vietnam: Initiation and
Preliminary Results of Changed-Circumstances Review, 75 FR 37757 (June
30, 2010) (``Preliminary Results''). In its Preliminary Results, the
Department provided all interested parties with an opportunity to
comment or request a public hearing regarding the Department's finding
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong
Nam Co., Ltd. We did not receive any comments or any requests for a
public hearing.
Scope of the Order
The scope of this 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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\2\ ``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 this 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),
[[Page 49890]]
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 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 this order.
Excluded from the scope are: 1) breaded shrimp and prawns (HTUS
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 (HTUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp
and prawns in prepared meals (HTUS subheading 1605.20.05.10); 5) dried
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTUS
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 individual quick freezing (``IQF'')
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 pan-fried.
The products covered by this 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 this order is
dispositive.
Final Results of Changed-Circumstances Review
For the reasons stated in the Preliminary Results and because we
received no comments to the contrary, the Department continues to find
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong
Nam Co., Ltd. Consequently, the Department will instruct U.S. Customs
and Border Protection (``CBP'') to apply the cash-deposit rate in
effect for Phuong Nam Co., Ltd., to all entries of the subject
merchandise from Phuong Nam Foodstuff Corp. that were entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this changed-circumstances review.
See Granular Polytetrafluoroethylene Resin from Italy: Final Results of
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12,
2003).
This determination and this notice are in accordance with sections
751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.216.
Dated: August 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Sectary for Import Administration.
[FR Doc. 2010-20245 Filed 8-13-10; 8:45 am]
BILLING CODE 3510-DS-S