[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74684-74685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30233]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 6, 2010, the Department of Commerce (the
Department) initiated a changed circumstances review and published a
notice of preliminary results of changed circumstances review of the
antidumping duty order on certain frozen warmwater shrimp (shrimp) from
Thailand. See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater
Shrimp from Thailand, 75 FR 61702 (Oct. 6, 2010) (Initiation and
Preliminary Results). In that notice, we preliminarily determined that
A Foods 1991 Co., Limited (A Foods) is the successor-in-interest to May
Ao Company Limited (May Ao) for purposes of determining antidumping
duty cash deposits and liabilities. No interested party submitted
comments on, or requested a public hearing to discuss, the Initiation
and Preliminary Results. For these final results, the Department
continues to find that A Foods is the successor-in-interest to May Ao.
DATES: Effective Date: December 1, 2010.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone (202) 482-3874.
SUPPLEMENTARY INFORMATION:
[[Page 74685]]
Background
On September 1, 2010, A Foods requested that the Department conduct
an expedited changed circumstances review under 19 CFR
351.221(c)(3)(iii) to confirm that A Foods is the successor-in-interest
to May Ao for purposes of determining antidumping duty cash deposits
and liabilities. On October 6, 2010, the Department initiated this
changed circumstances review and published the notice of preliminary
results, determining that A Foods is the successor-in-interest to May
Ao. See Initiation and Preliminary Results, 75 FR at 61704. In the
Initiation and Preliminary Results, we provided all interested parties
with an opportunity to comment or request a public hearing regarding
our finding that A Foods is the successor-in-interest to May Ao. We
received no comments or requests for a public hearing from interested
parties within the time period set forth in the Initiation and
Preliminary Results.
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,\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 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), 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 (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 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 Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, the Department continues to find that A Foods is the
successor-in-interest to May Ao. As a result of this determination, we
find that A Foods should receive the cash deposit rate previously
assigned to May Ao in the most recently completed review of the
antidumping duty order on shrimp from Thailand. See, e.g., Final
Results of Antidumping Duty Changed Circumstances Review: Certain
Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 74 FR 41681,
41682 (Aug. 18, 2009). Consequently, the Department will instruct U.S.
Customs and Border Protection to suspend liquidation of all shipments
of subject merchandise produced/exported by A Foods and entered, or
withdrawn from warehouse, for consumption on or after the publication
date of this notice in the Federal Register at 2.61 percent, which is
the current antidumping duty cash-deposit rate for May Ao. See Certain
Frozen Warmwater Shrimp from Thailand: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 75 FR 54847
(Sept. 9, 2010). This cash deposit requirement shall remain in effect
until further notice.
We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and
351.221(c)(3).
Dated: November 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-30233 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-DS-P