[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23277-23279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10080]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-838, A-533-840, A-570-893, A-549-822, A-552-802]
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 26, 2011.
SUMMARY: On April 14, 2010, the U.S. Court of International Trade
(``CIT'') sustained the remand redetermination \1\ issued by the
Department of Commerce (``Department'') pursuant to the CIT's remand
order involving the antidumping duty investigations of certain frozen
warmwater shrimp from Brazil, Ecuador, India, the People's Republic of
China (``PRC''), Thailand, and the Socialist Republic of Vietnam
(``Vietnam'').\2\ On March 30, 2011, the U.S. International Trade
Commission (``ITC'') notified the Department of its final
determinations in the five-year (sunset) reviews concerning the
antidumping duty orders on frozen warmwater shrimp from Brazil, the
PRC, India, Thailand, and Vietnam, in which it found that revocation of
these orders would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time to a U.S. industry. The ITC also found the domestic
like product to include dusted shrimp. See id. at footnote 22. In light
of the CIT's final decision and the ITC's sunset determination, the
Department is now issuing amended antidumping duty orders that include
dusted shrimp within the scope of the orders.
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 05-00192 (October 29, 2009) (``Final
Redetermination''), found at http://ia.ita.doc.gov/remands/09-69.pdf.
\2\ See Ad Hoc Shrimp Trade Action Committee v. United States,
703 F. Supp. 2d 1330 (Ct. Int'l Trade 2010) (``Ad Hoc IV'').
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew
[[Page 23278]]
Renkey, AD/CVD Operations, Office 9, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Ave., NW., Washington, DC 20230; telephone:
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(202) 482-0219 or (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Ad Hoc IV arose out of the Department's final determinations \3\
and amended final determinations \4\ in the original investigations of
certain frozen warmwater shrimp. In Ad Hoc III, the CIT remanded the
issue of the Department's decision to exclude dusted shrimp from the
scope of the antidumping duty investigations on certain frozen and
canned warmwater shrimp.\5\ In the Final Redetermination submitted in
response to Ad Hoc III, the Department found that dusted shrimp should
be included within the scope of the investigations. On April 14, 2010,
the CIT affirmed all aspects of the Department's remand
redetermination. On September 2, 2010, the Department published in the
Federal Register the amended final determinations of certain frozen
warmwater shrimp from Brazil, Ecuador, India, the PRC, Thailand, and
Vietnam.\6\
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\3\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR
76910 (December 23, 2004); Notice of Final Determination of Sales at
Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp
From Ecuador, 69 FR 76913 (December 23, 2004); Notice of Final
Determination of Sales at Less Than Fair Value and Negative Final
Determination of Critical Circumstances: Certain Frozen and Canned
Warmwater Shrimp From India, 69 FR 76916 (December 23, 2004); Notice
of Final Determination of Sales at Less Than Fair Value: Certain
Frozen and Canned Warmwater Shrimp From the People's Republic of
China, 69 FR 70997 (December 8, 2004); Notice of Final Determination
of Sales at Less Than Fair Value and Negative Final Determination of
Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp
From Thailand, 69 FR 76918 (December 23, 2004); Final Determination
of Sales at Less Than Fair Value: Certain Frozen and Canned
Warmwater Shrimp From the Socialist Republic of Vietnam, 69 FR 71005
(December 8, 2004).
\4\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Brazil, 70 FR 5143 (February 1, 2005); Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp from Ecuador, 70 FR 5156
(February 1, 2005); Notice of Amended Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from India, 70 FR 5147 (February 1, 2005); Notice
of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the
People's Republic of China, 70 FR 5149 (February 1, 2005); Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp from
Thailand, 70 FR 5145 (February 1, 2005); 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)(collectively, the ``Shrimp
AD Amended Finals and Orders'').
\5\ See Ad Hoc Shrimp Trade Action Committee v. United States,
637 F. Supp. 2d 1166 (Ct. Int'l Trade 2009) (``Ad Hoc III'').
\6\ See Certain Frozen Warmwater Shrimp From Brazil, India, the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam: Notice of Amended Final Determinations of Sales at Less
Than Fair Value Pursuant to Court Decision, 75 FR 53947 (September
2, 2010) (``Second Amended Final Determinations'').
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At the time that the Department issued its Second Amended Final
Determinations, it did not issue amended antidumping duty orders to
include dusted shrimp absent an injury analysis from the ITC. On March
30, 2011, the ITC notified the Department of its final determinations,
which addressed the injury analysis with respect to dusted shrimp. See
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and
Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review),
USITC Publication 4221, March 2011 (``ITC Review Final'').
Specifically, the ITC noted that:
``Dusted shrimp,'' which is now expressly included in the scope
definition, was expressly excluded from the scope during the
original investigations. In September 2010, Commerce published a
notice in the Federal Register amending the scope definition to
include ``dusted shrimp'' pursuant to a court remand. ``Dusted
shrimp'' has not been the subject of any domestic like product
arguments in either the original investigations or these reviews.
See ITC Review Final at 5-6. In turn, the ITC found that it did not
need to make a formal redetermination of its original injury
determinations and further stated that ``[b]ecause the scope definition
now includes dusted shrimp, and the record provides no basis for
treating dusted shrimp as a distinct like product, we define the
domestic like product to include dusted shrimp.'' See id. at footnote
22. As the ITC has found that the domestic like product includes dusted
shrimp in its ITC Review Final, the Department is now issuing amended
antidumping duty orders.
We also note that prior to Ad Hoc IV, the Second Amended Final
Determinations, and the ITC Review Final, the Department revoked the
antidumping duty order with respect to Ecuador.\7\ Thus, we are not
including Ecuador in these amended antidumping duty orders pursuant to
court decision.
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\7\ See Implementation of the Findings of the WTO Panel in
United States Antidumping Measure on Shrimp from Ecuador: Notice of
Determination Under section 129 of the Uruguay Round Agreements Act
and Revocation of the Antidumping Duty Order on Frozen Warmwater
Shrimp from Ecuador, 72 FR 48257 (August 23, 2007).
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Inclusion in the Amended Antidumping Duty Orders
As we now find that dusted shrimp is within the scope of the
orders, we have included revised scope language below. We note that the
original shrimp investigations also included canned warmwater shrimp.
However, given that the ITC did not find injury with respect to canned
warmwater shrimp in its original investigation and that the subsequent
Shrimp AD Amended Finals and Orders did not include canned warmwater
shrimp, we are similarly not including any reference to canned
warmwater shrimp in the revised scope language. While the Department
finds that dusted shrimp are no longer excluded from the scope of the
orders, it has retained the five-step definition of the dusting
process, as dusting is a necessary precursor for producing battered
shrimp, which remains outside the scope.
Scope of the Orders
The scope of the orders includes certain warmwater shrimp and
prawns, 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,\8\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\8\ ``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 these orders, regardless of definitions in the Harmonized
Tariff Schedule of the United States (``HTS''), 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
[[Page 23279]]
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 these orders. In addition, food
preparations (including dusted shrimp), which are not ``prepared
meals,'' that contain more than 20 percent by weight of shrimp or prawn
are also included in the scope of these orders.
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) Lee Kum Kee's shrimp sauce; \9\ (7) canned
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); 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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\9\ The specific exclusion for Lee Kum Kee's shrimp sauce
applies only to the scope in the PRC case.
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The products covered by these orders 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 these orders is
dispositive.
Collection of Cash Deposits
The Department will instruct U.S. Customs and Border Protection to
collect cash deposits on all imports of the subject merchandise
(including dusted shrimp) entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice.
This notice is issued and published in accordance with sections
735(d), 736(a), and 777(i)(1) of the Act.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10080 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P