Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Brazil1, 5143-5145 [E5-368]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
Product 24
Flat-rolled coated SAE 1009 steel in
coils with thickness 1.72 mm or more
but not over 1.77 mm; width 7.7 mm or
more but not over 8.3 mm; with a lining
consisting of copper 0.7 to 1.3 percent,
tin 17.5 to 22.5 percent, silicon less than
0.3 percent, nickel less than 0.15
percent, other materials (other than
copper) less than 1 percent, balance
copper.
Final Results of Review and Revocation
of Antidumping Duty Order, In Part
Pursuant to sections 751(d)(1) and
782(h)(2) of the Act, as amended (the
Act), the Department may revoke an
antidumping or countervailing duty
order based on a review under section
751(b) of the Act (i.e., a changed
circumstances review). Section 751(b)(1)
of the Act requires a changed
circumstances review to be conducted
upon receipt of a request which shows
changed circumstances sufficient to
warrant a review.
In this case, based on the information
provided by Taiho, and comments from
U.S. Steel and ISG, the Department
preliminarily found that the continued
relief provided by the order with respect
to the 24 separate products from Japan
is no longer of interest to the domestic
industry. We did not receive any
comments. Therefore, the Department is
revoking the order on CORE from Japan
with regard to the products that meet
the specifications detailed above.
We will instruct U.S. Customs and
Border Protection (CBP) to liquidate
without regard to antidumping duties,
and to refund any estimated
antidumping duties collected on all
unliquidated entries of the 24 separate
products which are not covered by the
final results of an administrative review
or automatic liquidation. The most
recent period for which the Department
has completed an administrative review,
or ordered automatic liquidation, is
August 1, 2002 through July 31, 2003.
Therefore, we will instruct CBP to
liquidate entries entered, or withdrawn
from warehouse, for consumption on or
after August 1, 2003, i.e., after the close
of the last completed review. Any prior
entries are subject to either the final
results of review or automatic
liquidation. We will also instruct CBP to
pay interest on such refunds in
accordance with section 778 of the Act
and 19 CFR 351.222(g)(4).
This changed circumstances
administrative review, partial
revocation of the antidumping duty
order and notice are in accordance with
sections 751(b) and (d) and 782(h) of the
Act and section 351.216(e) and
VerDate jul<14>2003
15:06 Jan 31, 2005
Jkt 205001
351.222(g)(1)(i) of the Department’s
regulations.
Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–374 Filed 1–31–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–351–838)
Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from Brazil1
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
EFFECTIVE DATE: February 1, 2005.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or Rebecca Trainor, 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) 482–4929 or (202) 482–
4007, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Amendment to Final Determination
In accordance with sections 735(a)
and 777(i)(1) of the Tariff Act of 1930,
as amended, (the Act), on December 23,
2004, the Department published its
notice of final determination of sales at
less than fair value (LTFV) in the
investigation of certain frozen and
canned warmwater shrimp from Brazil.
See Notice of Final Determination of
Sales at Less Than Fair Value: Certain
Frozen and Canned Warmwater Shrimp
from Brazil, 69 FR 76910 (Final
Determination). On December 23, 2004,
we received an allegation, timely filed
pursuant to 19 CFR 351.224(c)(2), from
the petitioners (i.e., Ad Hoc Shrimp
Trade Action Committee, Versaggi
Shrimp Corporation, and Indian Ridge
Shrimp Company) that the Department
made a ministerial error with respect to
1 On January 21, 2005, the International Trade
Commission (ITC) notified the Department of
Commerce (the Department) of its final
determination that two domestic like products exist
for the merchandise covered by the Department’s
investigation: 1) certain non-canned warmwater
shrimp and prawns; and 2) canned warmwater
shrimp and prawns. The ITC determined that
imports of canned warmwater shrimp and prawns
from Brazil were negligible; therefore, canned
warmwater shrimp and prawns will not be covered
by the antidumping duty order.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
5143
its exclusion of ‘‘dusted’’ shrimp from
the scope of this investigation. On
December 28, 2004, Eastern Fish
Company, Inc., and Long John Silver’s,
Inc., interested parties in this
investigation, submitted a response to
the petitioners’ December 23, 2004,
ministerial error allegation. In addition,
on December 30, 2004, we received
allegations, timely filed pursuant to 19
CFR 351.224(c)(2), from the petitioners
and the respondents (i.e, Central de
Industrializacao e Distribuicao de
¸˜
¸˜
Alimentos Ltda. (CIDA) and Empresa de
Armazenagem Frigorifica Ltda.
(EMPAF)) that the Department also
made ministerial errors in the final
margin calculations. On January 5 and
10, 2005, we received submissions
containing rebuttal comments from the
petitioners with respect to the
ministerial error allegations made by
EMPAF and CIDA, respectively.
After analyzing the submissions filed
by CIDA, EMPAF, the petitioners, and
the other interested parties, we have
determined, in accordance with 19 CFR
351.224(e), that we made the following
ministerial errors in our calculations
performed for the final determination:
Æ We inadvertently failed to convert
third country variable costs to the same
unit of measure as U.S. variable costs
before calculating the difference–inmerchandise adjustment for CIDA.
Æ We inadvertently used incorrect
programming to convert normal values
to the same unit of measure as the
United States price which resulted in an
incomplete conversion of normal value
for CIDA.
Æ We inadvertently used an incorrect
dataset (CEPTOT) in the final margin
program for EMPAF that was not
created by the comparison market
program.
Æ We inadvertently allocated the entire
amount of the unreconciled difference
between the financial statements and
the submitted cost to the cost of fresh
shrimp for EMPAF.
Correcting these errors results in
revised margins for CIDA and EMPAF.
In addition, we have revised the
calculation of the ‘‘all others’’ rate
accordingly.
For a detailed discussion of the
ministerial errors alleged by the
petitioners and the respondents, as well
as the Department’s analysis, see the
January 24, 2005, memorandum to Louis
Apple from the Team entitled
‘‘Ministerial Error Allegations in the
Final Determination of the Antidumping
Duty Investigation of Certain Frozen
Warmwater Shrimp from Brazil.’’
Therefore, in accordance with 19 CFR
351.224(e), we are amending the final
determination of sales at LTFV in the
E:\FR\FM\01FEN1.SGM
01FEN1
5144
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
antidumping duty investigation of
certain frozen warmwater shrimp from
Brazil. The revised weighted–average
dumping margins are in the
‘‘Antidumping Duty Order’’ section,
below.
Antidumping Duty Order
In accordance with section 735(a) of
the Act, the Department made its final
determination that certain frozen and
canned warmwater shrimp from Brazil
is being, or is likely to be, sold in the
United States at LTFV. See Final
Determination. On January 21, 2005, the
ITC notified the Department of its final
determination pursuant to section
735(b)(1)(A)(I) of the Act that an
industry in the United States is
materially injured by reason of LTFV
imports of subject merchandise from
Brazil. In its final determination,
however, the ITC determined that two
domestic like products exist for the
merchandise covered by the
Department’s investigation: 1) certain
non–canned warmwater shrimp and
prawns; and 2) canned warmwater
shrimp and prawns. The ITC
determined pursuant to section
735(b)(1)(B) of the Act that imports of
canned warmwater shrimp from Brazil
are negligible. Therefore, the ITC’s
affirmative determination of material
injury covered all non–canned
warmwater shrimp and prawns other
than those specifically excluded in the
‘‘Scope of Order’’ section, below.
Accordingly, the scope of the
antidumping duty investigation has
been amended as described above to
reflect the ITC’s distinction between
certain non–canned warmwater shrimp
and prawns and canned warmwater
shrimp and prawns. Specifically,
canned warmwater shrimp and prawns
are excluded from the scope of the
order.
In cases where the ITC specifically
excludes a product in its final injury
determination, the Department may
exclude that product from its final
margin calculation. See Antidumping
Duty Orders; Certain Stainless Steel
Plate in Coils from Belgium, Canada,
Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May
21, 1999). However, because the
respondents did not export or sell
canned warmwater shrimp and prawns
to the United States during the period
of investigation (POI), no recalculation
of the dumping margins is warranted,
and therefore we are not amending the
final determination calculations to
exclude any sales of canned warmwater
shrimp and prawn products.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
Exporter/Manufacturer
merchandise exceeds the export price or
the constructed export price of the
merchandise for all relevant entries of
certain frozen warmwater shrimp from
Brazil. These antidumping duties will
be assessed on all unliquidated entries
of certain frozen warmwater shrimp
from Brazil entered, or withdrawn from
warehouse, for consumption on or after
August 4, 2004, the date on which the
Department published its Notice of
Preliminary Determination of Sales at
Less that Fair Value and Postponement
of Final Determination: Certain Frozen
and Canned Warmwater Shrimp from
Brazil, 69 FR 47081 (Aug. 4, 2004), or
in the case of EMPAF, on or after
August 30, 2004, the date on which the
Department published its Notice of
Amended Preliminary Determination of
Sales at Less Than Fair Value: Certain
Frozen and Canned Warmwater Shrimp
from Brazil, 69 FR 52860 (August 30,
2004).
On or after the date of publication of
this antidumping duty order in the
Federal Register, CBP will require, at
the same time that importers would
normally deposit estimated duties on
this merchandise, a cash deposit equal
to the estimated weighted–average
dumping margins as listed below. The
‘‘all others’’ rate applies to all exporters
of subject merchandise not listed
specifically. We determine that the
following weighted–average margin
percentages exist for the POI:
Original Final Margin
Empresa de Armazenagem Frigorifica Ltda./Maricultura Netuno S.A. ...............
Central de Industrializacao e Distribuicao de Alimentos Ltda./Cia. Exportadora
¸˜
¸˜
de Produtos do Mar (Produmar) ......................................................................
Norte Pesca, S.A. ................................................................................................
All Others .............................................................................................................
Scope of Order
The scope of this order 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,2
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
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 (HTS), are products which
are processed from warmwater shrimp
and prawns through freezing and which
are sold in any count size.
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate jul<14>2003
15:06 Jan 31, 2005
Jkt 205001
10.70
Frm 00016
Fmt 4703
Sfmt 4703
7.94
9.69
67.80
10.40
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
PO 00000
Amended Final Margin
4.97
67.80
7.05
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 (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
E:\FR\FM\01FEN1.SGM
01FEN1
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
1605.20.05.10); 5) dried shrimp and
prawns; 6) canned warmwater shrimp
and prawns (HTS 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 individually quick frozen (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 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
this order is dispositive.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
CBP to continue to suspend liquidation
of all entries of certain frozen
warmwater shrimp from Brazil. CBP
shall require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart above. CBP shall
discontinue the suspension of
liquidation on canned shrimp products
and refund any cash deposits made or
bonds posted with respect to this
merchandise. These instructions
suspending liquidation will remain in
effect until further notice. This amended
determination and order is issued and
published pursuant to sections 735(d),
736(a) of the Act, and 19 CFR 351.211.
Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–368 Filed 1–31–02; 8:45 am]
BILLING CODE 3510–DS–S
VerDate jul<14>2003
15:06 Jan 31, 2005
Jkt 205001
DEPARTMENT OF COMMERCE
International Trade Administration
(A–549–822)
Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from Thailand1
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 1, 2005.
FOR FURTHER INFORMATION CONTACT: Irina
Itkin or Alice Gibbons, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0656 or (202) 482–
0498, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Amendment to Final Determination
In accordance with sections 735(a)
and 777(i)(1) of the Tariff Act of 1930,
as amended, (the Act), on December 23,
2004, the Department published its
notice of final determination of sales at
less than fair value (LTFV) in the
investigation of certain frozen and
canned warmwater shrimp from
Thailand. See 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 (Dec. 23, 2004)
(Final Determination). On December 23,
2004, we received an allegation, timely
filed pursuant to 19 CFR 351.224(c)(2),
from the petitioners (i.e., the Ad Hoc
Shrimp Trade Action Committee,
Versaggi Shrimp Corporation, and
Indian Ridge Shrimp Company) that the
Department made a ministerial error
with respect to its exclusion of ‘‘dusted’’
shrimp from the scope of this
investigation. On December 28, 2004,
Eastern Fish Company, Inc., and Long
John Silver’s, Inc., interested parties in
this investigation, submitted a response
to the petitioners’ December 23, 2004,
ministerial error allegation. In addition,
1 On January 21, 2005, the International Trade
Commission (ITC) notified the Department of
Commerce (the Department) of its final
determination that two domestic like products exist
for the merchandise covered by the Department’s
investigation: 1) certain non-canned warmwater
shrimp and prawns; and 2) canned warmwater
shrimp and prawns. The ITC determined that there
is no injury or threat thereof to the U.S. domestic
industry regarding imports of canned warmwater
shrimp and prawns from Thailand; therefore,
canned warmwater shrimp and prawns will not be
covered by the antidumping duty order.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
5145
on December 30, 2004, we received
allegations, timely filed pursuant to 19
CFR 351.224(c)(2), from the petitioners
and the respondents (i.e., Andaman
Seafood Co., Ltd., Chanthaburi Seafoods
Co., Ltd., and Thailand Fishery Cold
Storage Public Co., Ltd. (collectively,
the Rubicon Group); Thai I–Mei Frozen
Foods Co., Ltd. (Thai I–Mei); and the
Union Frozen Products Co., Ltd. (UFP))
that the Department also made
ministerial errors in the final margin
calculations. On January 6, 2004, we
received submissions containing
rebuttal comments from the petitioners,
the Rubicon Group, and UFP.
After analyzing the Rubicon Group’s,
Thai I–Mei’s, UFP’s, and the petitioners’
submissions, we have determined, in
accordance with 19 CFR 351.224(e), that
we made the following ministerial
errors in our calculations performed for
the final determination:
• We unintentionally calculated more
than one cost for the same control
number (CONNUM) for the Rubicon
Group in several instances;
• We inadvertently compared Thai
baht–denominated commission
expenses to those denominated in U.S.
dollars for Thai I–Mei;
• We incorrectly applied weighted–
average costs to merchandise for which
the CONNUM was revised in the final
determination, rather than using the
actual verified costs for certain sales for
Thai I–Mei. In correcting this error, we
discovered that Thai I–Mei failed to
report costs for certain of these re–coded
products. Therefore, we based the costs
for these products on facts available. As
facts available, we used the average total
cost of manufacturing of all CONNUMs;
• We recalculated the weighted–average
selling expenses and constructed value
profit rate for Thai I–Mei using the
revised figures for the Rubicon Group
and UFP; and
• We revised the calculation of general
and administrative and interest
expenses for UFP to exclude packaging
costs (i.e., reported in the field PACK).
Correcting these errors results in
revised margins for the Rubicon Group
and Thai I–Mei. In addition, we have
revised the calculation of the ‘‘all
others’’ rate accordingly.
For a detailed discussion of the
ministerial errors alleged by the
petitioners and respondents, as well as
the Department’s analysis, see the
January 24, 2005, memorandum to Louis
Apple from the Team entitled
‘‘Ministerial Error Allegations in the
Final Determination of the Antidumping
Duty Investigation on Certain Frozen
Warmwater Shrimp from Thailand.’’
Therefore, in accordance with 19 CFR
351.224(e), we are amending the final
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5143-5145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-368]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-351-838)
Notice of Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from
Brazil\1\
---------------------------------------------------------------------------
\1\ On January 21, 2005, the International Trade Commission
(ITC) notified the Department of Commerce (the Department) of its
final determination that two domestic like products exist for the
merchandise covered by the Department's investigation: 1) certain
non-canned warmwater shrimp and prawns; and 2) canned warmwater
shrimp and prawns. The ITC determined that imports of canned
warmwater shrimp and prawns from Brazil were negligible; therefore,
canned warmwater shrimp and prawns will not be covered by the
antidumping duty order.
---------------------------------------------------------------------------
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
EFFECTIVE DATE: February 1, 2005.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, 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-
4929 or (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Amendment to Final Determination
In accordance with sections 735(a) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on December 23, 2004, the Department
published its notice of final determination of sales at less than fair
value (LTFV) in the investigation of certain frozen and canned
warmwater shrimp from Brazil. See Notice of Final Determination of
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater
Shrimp from Brazil, 69 FR 76910 (Final Determination). On December 23,
2004, we received an allegation, timely filed pursuant to 19 CFR
351.224(c)(2), from the petitioners (i.e., Ad Hoc Shrimp Trade Action
Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp
Company) that the Department made a ministerial error with respect to
its exclusion of ``dusted'' shrimp from the scope of this
investigation. On December 28, 2004, Eastern Fish Company, Inc., and
Long John Silver's, Inc., interested parties in this investigation,
submitted a response to the petitioners' December 23, 2004, ministerial
error allegation. In addition, on December 30, 2004, we received
allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the
petitioners and the respondents (i.e, Central de
Industrializa[ccedil][atilde]o e Distribui[ccedil][atilde]o de
Alimentos Ltda. (CIDA) and Empresa de Armazenagem Frigorifica Ltda.
(EMPAF)) that the Department also made ministerial errors in the final
margin calculations. On January 5 and 10, 2005, we received submissions
containing rebuttal comments from the petitioners with respect to the
ministerial error allegations made by EMPAF and CIDA, respectively.
After analyzing the submissions filed by CIDA, EMPAF, the
petitioners, and the other interested parties, we have determined, in
accordance with 19 CFR 351.224(e), that we made the following
ministerial errors in our calculations performed for the final
determination:
[cir] We inadvertently failed to convert third country variable costs
to the same unit of measure as U.S. variable costs before calculating
the difference-in-merchandise adjustment for CIDA.
[cir] We inadvertently used incorrect programming to convert normal
values to the same unit of measure as the United States price which
resulted in an incomplete conversion of normal value for CIDA.
[cir] We inadvertently used an incorrect dataset (CEPTOT) in the final
margin program for EMPAF that was not created by the comparison market
program.
[cir] We inadvertently allocated the entire amount of the unreconciled
difference between the financial statements and the submitted cost to
the cost of fresh shrimp for EMPAF.
Correcting these errors results in revised margins for CIDA and
EMPAF. In addition, we have revised the calculation of the ``all
others'' rate accordingly.
For a detailed discussion of the ministerial errors alleged by the
petitioners and the respondents, as well as the Department's analysis,
see the January 24, 2005, memorandum to Louis Apple from the Team
entitled ``Ministerial Error Allegations in the Final Determination of
the Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp
from Brazil.''
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination of sales at LTFV in the
[[Page 5144]]
antidumping duty investigation of certain frozen warmwater shrimp from
Brazil. The revised weighted-average dumping margins are in the
``Antidumping Duty Order'' section, below.
Antidumping Duty Order
In accordance with section 735(a) of the Act, the Department made
its final determination that certain frozen and canned warmwater shrimp
from Brazil is being, or is likely to be, sold in the United States at
LTFV. See Final Determination. On January 21, 2005, the ITC notified
the Department of its final determination pursuant to section
735(b)(1)(A)(I) of the Act that an industry in the United States is
materially injured by reason of LTFV imports of subject merchandise
from Brazil. In its final determination, however, the ITC determined
that two domestic like products exist for the merchandise covered by
the Department's investigation: 1) certain non-canned warmwater shrimp
and prawns; and 2) canned warmwater shrimp and prawns. The ITC
determined pursuant to section 735(b)(1)(B) of the Act that imports of
canned warmwater shrimp from Brazil are negligible. Therefore, the
ITC's affirmative determination of material injury covered all non-
canned warmwater shrimp and prawns other than those specifically
excluded in the ``Scope of Order'' section, below. Accordingly, the
scope of the antidumping duty investigation has been amended as
described above to reflect the ITC's distinction between certain non-
canned warmwater shrimp and prawns and canned warmwater shrimp and
prawns. Specifically, canned warmwater shrimp and prawns are excluded
from the scope of the order.
In cases where the ITC specifically excludes a product in its final
injury determination, the Department may exclude that product from its
final margin calculation. See Antidumping Duty Orders; Certain
Stainless Steel Plate in Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21,
1999). However, because the respondents did not export or sell canned
warmwater shrimp and prawns to the United States during the period of
investigation (POI), no recalculation of the dumping margins is
warranted, and therefore we are not amending the final determination
calculations to exclude any sales of canned warmwater shrimp and prawn
products.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price or the constructed export price of the
merchandise for all relevant entries of certain frozen warmwater shrimp
from Brazil. These antidumping duties will be assessed on all
unliquidated entries of certain frozen warmwater shrimp from Brazil
entered, or withdrawn from warehouse, for consumption on or after
August 4, 2004, the date on which the Department published its Notice
of Preliminary Determination of Sales at Less that Fair Value and
Postponement of Final Determination: Certain Frozen and Canned
Warmwater Shrimp from Brazil, 69 FR 47081 (Aug. 4, 2004), or in the
case of EMPAF, on or after August 30, 2004, the date on which the
Department published its Notice of Amended Preliminary Determination of
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater
Shrimp from Brazil, 69 FR 52860 (August 30, 2004).
On or after the date of publication of this antidumping duty order
in the Federal Register, CBP will require, at the same time that
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the estimated weighted-average dumping margins
as listed below. The ``all others'' rate applies to all exporters of
subject merchandise not listed specifically. We determine that the
following weighted-average margin percentages exist for the POI:
----------------------------------------------------------------------------------------------------------------
Exporter/Manufacturer Original Final Margin Amended Final Margin
----------------------------------------------------------------------------------------------------------------
Empresa de Armazenagem Frigorifica Ltda./Maricultura 10.70 7.94
Netuno S.A.........................................
Central de Industrializa[ccedil][atilde]o e 9.69 4.97
Distribui[ccedil][atilde]o de Alimentos Ltda./Cia.
Exportadora de Produtos do Mar (Produmar)..........
Norte Pesca, S.A.................................... 67.80 67.80
All Others.......................................... 10.40 7.05
----------------------------------------------------------------------------------------------------------------
Scope of Order
The scope of this order 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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
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 (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 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 (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
[[Page 5145]]
1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp
and prawns (HTS 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
individually quick frozen (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 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 this order is
dispositive.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing CBP to continue to suspend liquidation of all entries of
certain frozen warmwater shrimp from Brazil. CBP shall require a cash
deposit equal to the estimated amount by which the normal value exceeds
the U.S. price as indicated in the chart above. CBP shall discontinue
the suspension of liquidation on canned shrimp products and refund any
cash deposits made or bonds posted with respect to this merchandise.
These instructions suspending liquidation will remain in effect until
further notice. This amended determination and order is issued and
published pursuant to sections 735(d), 736(a) of the Act, and 19 CFR
351.211.
Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-368 Filed 1-31-02; 8:45 am]
BILLING CODE 3510-DS-S
