[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 23972-23973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10427]
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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:
Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping duty orders on certain frozen
warmwater shrimp (shrimp) from Brazil, India, the People's Republic of
China (PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam)
would be likely to lead to continuation or recurrence of dumping and of
material injury to an industry in the United States within a reasonably
foreseeable time, the Department is publishing notice of the
continuation of these antidumping duty orders.
DATES: Effective Date: April 29, 2011.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or David Goldberger, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4929 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2010, the Department initiated and the ITC instituted
sunset reviews of the antidumping duty orders on shrimp from Brazil,
India, the PRC, Thailand, and Vietnam, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act). See Initiation of Five-
Year (``Sunset'') Review, 75 FR 103 (January 4, 2010), and Frozen
Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam, 75
FR 1078 (January 8, 2010).
The Department conducted expedited sunset reviews of the
antidumping duty orders from Brazil, India, the PRC, and Thailand. As a
result of its reviews, the Department found that revocation of the
antidumping duty orders would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the orders to be revoked. See Certain
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of
China, and Thailand: Final Results of the Expedited Sunset Reviews of
the Antidumping Duty Orders, 75 FR 27299 (May 14, 2010). With respect
to Vietnam, the Department conducted a full sunset review of the
antidumping duty order and also found that revocation of the
antidumping duty order would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail if the order were to be revoked. See Certain
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Five-year ``Sunset'' Review of the Antidumping
Duty Order, 75 FR 75965 (December 7, 2010).
Prior to the completion of the sunset reviews by the Department, on
April 14, 2010, the United States Court of International Trade (CIT)
sustained the remand redetermination issued by the Department pursuant
to the CIT's remand order, which found that dusted shrimp should be
included within the scope of the antidumping duty investigations of
certain frozen warmwater shrimp from Brazil, Ecuador, India, the PRC,
Thailand, and Vietnam.\1\ On September 2, 2010, the Department
published in the Federal Register the amended final determinations of
certain frozen warmwater shrimp from Brazil, India, the PRC, Thailand,
and Vietnam.\2\
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\1\ See Ad Hoc Shrimp Trade Action Committee v. United States,
703 F. Supp. 2d 1330 (CIT 2010).
\2\ 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).
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On April 5, 2011, the ITC published its determination pursuant to
section 751(c) of the Act, that revocation of the antidumping duty
orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam
would be likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Frozen Warmwater Shrimp From Brazil, China,
India, Thailand, and Vietnam, 76 FR 18782 (April 5, 2011). The ITC also
found the domestic like product to include dusted shrimp. See id. at
footnote 22. On April 18, 2011, the Department amended the antidumping
duty orders to include dusted shrimp within the scope of the orders.\3\
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\3\ 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, signed April 18, 2011 (to be published).
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[[Page 23973]]
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,\4\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\4\ ``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 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; \5\ (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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\5\ 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.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty orders would be likely to lead
to continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty orders on shrimp from Brazil, India, the PRC, Thailand, and
Vietnam.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of these orders will be the date
of publication in the Federal Register of this notice of Continuation.
Pursuant to section 751(c)(2) of the Act, the Department intends to
initiate the next five-year reviews of these orders not later than
March 2016.
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 777(i)(1) of the Act.
Date: April 22, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10427 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-DS-P