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 1, 5152-5156 [E5-372]
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
Scope of the 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, shellon 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 investigation, 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
investigation. 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
investigation.
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; (7) canned warmwater shrimp
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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and prawns (HTS subheading
1605.20.10.40); (8) certain dusted
shrimp; and (9) 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
investigation 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 investigation is dispositive.
Continuation of Suspension of
Liquidation
Pursuant to 735(c)(1)(B) of the Act, we
will instruct CBP to suspend liquidation
of all entries of certain frozen
warmwater shrimp and prawns from the
PRC (except merchandise produced and
exported by Zhanjiang Guolian because
this company has a de minimis margin)
entered, or withdrawn from warehouse,
for consumption on or after July 16,
2004, the date of publication of the
Preliminary Determination. CBP shall
continue to require a cash deposit or the
posting of a bond equal to the estimated
amount by which the normal value
exceeds the U.S. price as shown above.
These instructions suspending
liquidation will remain in effect until
further notice.
With regard to canned warmwater
shrimp and prawns, CBP shall
discontinue suspension of liquidation of
all shipments of this merchandise
entered, or withdrawn from warehouse,
for consumption on or after July 16,
2004. All estimated antidumping duties
deposited on entries of the canned
warmwater shrimp and prawns from the
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PRC shall be refunded and the bonds or
other security released at the time of
liquidation.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211.
January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–371 Filed 1–31–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
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 1
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 1, 2004.
FOR FURTHER INFORMATION CONTACT: Alex
Villanueva, AD/CVD Operations, Office
9, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3208.
AGENCY:
Amendment to the Final Determination
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended, (‘‘the Act’’) on December 8,
2004, the Department of Commerce
(‘‘the Department’’) published its final
determination of sales at less than fair
value (‘‘LTFV’’) in the investigation of
certain frozen and canned warmwater
shrimp from the Socialist Republic of
Vietnam (‘‘Vietnam’’). See Notice of
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) (‘‘Final
Determination’’). See Final
Determination and corresponding
‘‘Issues and Decision Memorandum’’
1 On January 21, 2005, the International Trade
Commission (‘‘ITC’’) notified the Department of its
final determination that two domestic like products
exist for the merchandise covered by the
Department’s investigation: (i) Certain non-canned
warmwater shrimp and prawns, and (ii) canned
warmwater shrimp and prawns. The ITC
determined that there is no injury regarding imports
of canned warmwater shrimp and prawns from
Vietnam, therefore, canned warmwater shrimp and
prawns will not be covered by the antidumping
order.
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
dated November 29, 2004; see also
Memorandum from Nicole Bankhead,
Case Analyst, through Alex Villanueva,
Program Manager, to James Doyle,
Office Director, Antidumping Duty
Investigation of Certain Frozen and
Canned Warmwater Shrimp from the
Socialist Republic of Vietnam: Final
Determination Separate Rates
Memorandum for Section A
Respondents, dated November 29, 2004
(‘‘Final Separate Rates Memo’’).
Between December 7, 2004, and
December 13, 2004, the following
parties filed timely allegations that the
Department made various ministerial
errors in the Final Determination. On
December 7, 2004, five Section A
Respondents, Truc An Company (‘‘Truc
An’’), Hai Thuan Export Seaproducts
Processing Co., Ltd. (‘‘Hai Thuan’’), Nha
Trang Fisheries Co., Ltd. (‘‘Nha Trang
Fisheries’’), Ngoc Sinh Seafoods (‘‘Ngoc
Sinh’’), and Phuong Nam Co., Ltd.
(‘‘Phuong Nam’’), which had been
denied a separate rate by the
Department in the Final Determination,
filed timely requests pursuant to 19 CFR
351.224(e)(1) and (2) requesting that the
Department correct alleged ministerial
errors in the Final Determination. Also
on December 7, 2004, the VASEP
Shrimp Committee filed ministerial
errors regarding additional names to
provide in the Department’s instructions
to the U.S. Customs and Border
Protection (‘‘CBP’’) to be issued after the
final determination. Camau Frozen
Seafood Processing Import Export
Corporation (‘‘Camimex’’), Minh Phu
Seafood Corporation (‘‘Min Phu’’) and
Minh Hai Joint Stock Seafoods
Processing Company (‘‘Seaprodex Minh
Hai’’), hereinafter collectively referred
to as ‘‘the Mandatory Respondents,’’
also filed timely allegations that the
Department made ministerial errors in
the Final Determination. The Ad Hoc
Shrimp Trade Action Committee,
Versaggi Shrimp Corporation and Indian
Ridge Shrimp Company, hereinafter
referred to collectively as ‘‘Petitioners,’’
filed timely allegations that the
Department made ministerial errors in
the Final Determination.
Additionally, on December 7, 2004,
Red Chamber on behalf of Phuong Nam
filed timely allegations that the
Department made ministerial errors in
the Final Determination. However,
because Red Chamber submitted new
information in its error allegation, the
Department sent Red Chamber a letter
requesting that it retract the new
information from its December 7, 2004,
filing in accordance with section
351.302(d) of the Department’s
regulations and re-submit it without the
new information on December 13, 2004.
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On December 17, 2004, Red Chamber resubmitted its ministerial error allegation
without the new information.
On December 13, 2004, Petitioners
filed comments rebutting the Section A
Respondents’ and Mandatory
Respondents’ ministerial error
allegations. The Mandatory
Respondents also submitted comments
on December 13, 2004, rebutting
Petitioners’ ministerial error allegations.
On December 16, 2004, Eastern Fish
Company, Inc. (‘‘Eastern Fish’’), an
importer of frozen shrimp and
interested party in these investigations,
and Long John Silver’s, Inc. (‘‘LJS’’), a
purchaser of shrimp imported by
Eastern Fish filed reply comments
rebutting Petitioners’ ministerial error
allegations. On December 17, 2004,
Petitioners filed a letter requesting the
Department to reject Eastern Fish and
LJS’s untimely filing. On December 21,
2004, Eastern Fish and LJS filed
additional reply comments to
Petitioners’ ministerial error allegations.
Eastern Fish and LJS’s December 16,
2004, and the December 21, 2004,
submissions were rejected as replies to
comments ‘‘must be filed within five
days after the date on which the
comments were filed with the
Secretary.’’ See Section 351.224(c)(3) of
the Department’s regulations. See Letter
from Alex Villanueva, Program
Manager, China/NME Unit, Office IX to
Eastern Fish and LJS Regarding
Ministerial Error Allegation Rebuttal
Comments, dated January 26, 2005.
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Department considers
ministerial. See 19 CFR 351.224(f).
After analyzing all interested party
comments and rebuttals, we have
determined, in accordance with 19 CFR
351.224(e), that we made ministerial
errors in our calculations performed for
the final determination. For a detailed
discussion of these ministerial errors, as
well as the Department’s analysis, see
Antidumping Duty Investigation of
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam:
Analysis of Allegations of Ministerial
Error from the Mandatory Respondents
and Section A Respondents, dated
January 26, 2005. Additionally, in the
Final Determination, we determined
that several companies qualified for a
separate-rate. The margin we calculated
in the Final Determination for these
companies was 4.38 percent. Because
the rates of the selected mandatory
respondents have changed since the
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5153
Final Determination, we have
recalculated the rate for Section A
respondents. The rate is 4.57 percent.
See Memorandum to the File from Paul
Walker, Amended Calculation of
Section A Rate, dated January 26, 2005.
Therefore, in accordance with 19 CFR
351.224(e), we are amending the final
determination of sales at LTFV in the
antidumping duty investigation of
certain frozen warmwater shrimp from
Vietnam. 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
Vietnam is being, or is likely to be, sold
in the United States at LTFV as
provided in section 735 of the Act. 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
Vietnam. In its final determination,
however, the ITC determined that two
domestic like products exist for the
merchandise covered by the
Department’s investigation: (i) Certain
non-canned warmwater shrimp and
prawns, as defined below, and (ii)
canned warmwater shrimp and prawns.
The ITC determined pursuant to section
735(b)(1) that a domestic industry in the
United States is not materially injured
or threatened with material injury by
reason of imports of canned warmwater
shrimp and prawns from Vietnam.
Therefore, the ITC’s affirmative
determination of material injury covered
all certain non-canned warmwater
shrimp and prawns other than those
specifically excluded under the ‘‘Scope
of the Order’’ section below.
Accordingly, the scope of the
antidumping duty order has been
amended as described below to reflect
the ITC’s distinction between canned
warmwater shrimp and prawns and
certain non-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
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
21, 1999). However, because the
Mandatory Respondents did not export
or sell canned warmwater shrimp and
prawns to the United States during the
POI, no recalculation of the
antidumping margins is warranted, and
therefore we are not amending the final
determination calculations to exclude
any sales of canned warmwater shrimp
and prawn products.
In accordance with section 736(a)(1)
of the Act, the Department will direct
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 of the
merchandise for all relevant entries of
certain frozen warmwater shrimp from
Vietnam. These antidumping duties will
be assessed on all unliquidated entries
of certain frozen warmwater shrimp
from Vietnam entered, or withdrawn
from the warehouse, for consumption
on or after July 16, 2004, the date on
which the Department published its
Notice of Preliminary Determination of
Sales at Less Than Fair Value, Negative
Preliminary Determination of Critical
Circumstances and Postponement of
Final Determination: Certain Frozen
and Canned Warmwater Shrimp from
the Socialist Republic of Vietnam
(‘‘Preliminary Determination’’) 69 FR
42672 (July 16, 2004).
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
certain frozen and canned warmwater
shrimp, we extended the four-month
period to no more than six months. See
Preliminary Determination. In this
investigation, the six-month period
beginning on the date of the publication
of the Preliminary Determination ended
on January 12, 2005. Definitive duties
are to begin on the date of publication
of the ITC’s final injury determination.
See Section 737 of the Act. Therefore, in
accordance with section 733(d) of the
Act and our practice, we will instruct
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of certain frozen
and canned warmwater shrimp from
Vietnam entered, or withdrawn from
warehouse, for consumption on or after
January 12, 2005, and before the date of
publication of the ITC ’s final injury
determination in the Federal Register.
Suspension of liquidation will continue
on or after this date.
On or after the date of publication of
the ITC’s notice of final determination
in the Federal Register, CBP will
require, at the same time as importers
would normally deposit estimated
duties on this merchandise, a cash
deposit equal to the estimated weightedaverage antidumping duty margins as
listed below. The ‘‘Vietnam-wide’’ rate
applies to all exporters of subject
merchandise not listed specifically.
Imports of the noted canned warmwater
shrimp and prawns will not be covered
by this order. We determine that the
following percentage weighted-average
margins exist for the POI:
CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM
Weightedaverage
margin
(percent)
Manufacturer/exporter
Mandatory Respondents
Camau Frozen Seafood Processing Import Export Corporation 2 ..........................................................................................................
Kim Anh Company Limited 3 ....................................................................................................................................................................
Minh Phu Seafood Corporation 4 .............................................................................................................................................................
Minh Hai Joint Stock Seafoods Processing Company 5 .........................................................................................................................
Vietnam-Wide Margin ..............................................................................................................................................................................
5.24
25.76
4.38
4.30
25.76
Section A Respondents
Ltd.6
Amanda Foods (Vietnam)
...............................................................................................................................................................
Aquatic Products Trading Company 7 .....................................................................................................................................................
Bac Lieu Fisheries Company Limited 8 ...................................................................................................................................................
Coastal Fisheries Development Corporation 9 ........................................................................................................................................
Cai Doi Vam Seafood Import-Export Company 10 ..................................................................................................................................
Cam Ranh Seafoods Processing Enterprise Company 11 ......................................................................................................................
Can Tho Agriculture and Animal Products Import Export Company 12 ..................................................................................................
Cantho Animal Fisheries Product Processing Export Enterprise 13 ........................................................................................................
C.P. Vietnam Livestock Co. Ltd. .............................................................................................................................................................
Cuu Long Seaproducts Company 14 .......................................................................................................................................................
Danang Seaproducts Import Export Corporation 15 ................................................................................................................................
Hanoi Seaproducts Import Export Corporation 16 ...................................................................................................................................
Investment Commerce Fisheries Corporation 17 .....................................................................................................................................
Kien Giang Sea-Product Import-Export Company 18 ..............................................................................................................................
Minh Hai Export Frozen Seafood Processing Joint-Stock Company 19 ..................................................................................................
Minh Hai Seaproducts Import Export Corporation 20 ..............................................................................................................................
Ngoc Sinh Private Enterprise 21 ..............................................................................................................................................................
Nha Trang Fisheries Joint Stock Company 22 .........................................................................................................................................
Nha Trang Seaproduct Company 23 ........................................................................................................................................................
Pataya Food Industries (Vietnam) Ltd.24 ................................................................................................................................................
Phu Cuong Seafood Processing and Import-Export Company Limited 25 ..............................................................................................
Phuong Nam Co. Ltd.26 ...........................................................................................................................................................................
Sao Ta Foods Joint Stock Company 27 ...................................................................................................................................................
Soc Trang Aquatic Products and General Import Export Company 28 ...................................................................................................
Song Huong ASC Import-Export Company Ltd.29 ..................................................................................................................................
Thuan Phuoc Seafoods and Trading Corporation 30 ...............................................................................................................................
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
5155
CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM—Continued
Weightedaverage
margin
(percent)
Manufacturer/exporter
UTXI Aquatic Products Processing Company 31 .....................................................................................................................................
Viet Foods Co., Ltd.32 .............................................................................................................................................................................
Viet Nhan Company ................................................................................................................................................................................
Viet Hai Seafood Company Ltd.33 ...........................................................................................................................................................
Vinh Loi Import Export Company 34 ........................................................................................................................................................
4.57
4.57
4.57
4.57
4.57
2 Also
known as Camimex and Camau Seafood Factory No. 4.
a separate rate.
4 Also known as Minh Phu Seafood Export-Import Corporation, Minh Phu, Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh Qui, Minh
Phat Seafood Co. Ltd. and Minh Phat.
5 Also known as Seaprodex Minh Hai.
6 Also known as Amanda VN and Amanda.
7 Also known as APT and A.P.T. Co.
8 Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries Co. Ltd., Bac Lieu Fisheries Limited Company and Bac Lieu Fisheries Company Ltd.
9 Also known as COFIDEC.
10 Also known as Cadovimex.
11 Also known as Cam Ranh.
12 Also known as Cataco, Duyen Hai Foodstuffs Processing Factory, Caseafood, Coseafex and Cantho Seafood Export.
13 Also known as Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien Thuy Suc San Xuat Khau Can Tho, CAS, CAS Branch, Cafatex Saigon,
Cafatex Fishery Joint Stock Corporation, Cafatex Corporation and Taydo Seafood Enterprise.
14 Also known as Cuu Long Seapro.
15 Also known as Seaprodex Danang, Tho Quang Seafood Processing and Export Company and Tho Quang.
16 Also known as Seaprodex Hanoi.
17 Also known as INCOMFISH, Investment Commerce Fisheries Corp., INCOMFISH CORP. and INCOMFISH CORPORATION.
18 Also known as KISIMEX, Kien Giang Seaproduct Import & Export Company, Kien Giang Seaproduct Import and Export Company, Kien
Giang Seaproduct Import Export Co., Kien Giang Sea Product Import & Export Co., Kien Giang Sea Product Import and Export Company, Kien
Giang Sea Product Import & Export Company, Kien Giang Sea Product Import & Export Co. and Kien Giang Sea Product Im. & Ex. Co.
19 Also known as Minh Hai Jostoco.
20 Also known as Seaprimexco.
21 Also known as Ngoc Sinh Seafoods, Ngoc Sinh Fisheries, Ngoc Sinh Private Enterprises, Ngoc Sinh Seafoods Processing and Trading Enterprises and Ngoc Sinh.
22 Also known as Nhatrang Fisheries Joint Stock Company, Nha Trang Fisco and Nhatrang Fisco.
23 Also known as Nha Trang Seafoods.
24 Also known as Pataya VN.
25 Also known as Phu Cuong Seafood Processing Import-Export Company Ltd., Phu Cuong Co., Phu Cuong, Phu Cuong Seafood Processing
& Import-Export Co. Ltd., Phu Cuong Seafood Processing, Phu Cuong Co. Ltd. and Phu Cuong Seafood Processing Import & Export Company
Limited.
26 Also known as Phuong Nam Company Limited and Phuong Nam.
27 Also known as Fimex VN, Saota Seafood Factory and Sao Ta Seafood Factory.
28 Also known as STAPIMEX.
29 Also known as Song Huong ASC Joint Stock Company, SOSEAFOOD, ASC, Song Huong Import Export Seafood Joint Stock Company,
Song Huong Import-Export Seafood Joint Stock Company, Song Huong Import Export Seafood Company, Song Huong Seafood Import-Export
Company, Song Huong Seafood Import Export Co., Song Huong Seafood Im-Export Co., SongHuong and Songhuong Joint Stock Company.
30 Also known as Frozen Seafoods Factory No. 32.
31 Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products Processing Company and UT–XI Aquatic Products Processing Company.
32 Also known as Viet Foods, Nam Hai Exports Food Stuff Limited, Nam Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods
Company Limited and Vietfoods Company Limited.
33 Also known as Vietnam FishOne, Vietnam Fish-One Company Co. Ltd., Vietnam Fish-One, Vietnam Fish-One Co. Ltd., Vietnam Fish One
Co. Ltd., Vietnam Fish One Company Limited and Vietnam Fish-One Company Limited.
34 Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi Import Export Company and Vinh Loi Import-Export Company.
3 Not
Scope of the 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, shellon or peeled, tail-on or tail-off,35
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 investigation, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (‘‘HTS’’),
are products which are processed from
35 ‘‘Tails’’ in this context means the tail fan,
which includes the telson and the uropods.
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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),
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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
investigation. 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
investigation.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTS
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
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) 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
investigation 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 investigation is dispositive.
Continuation of Suspension of
Liquidation
Pursuant to 735(c)(1)(B) of the Act, we
will instruct CBP to continue to suspend
liquidation of all entries of certain
frozen warmwater shrimp and prawns
from Vietnam entered, or withdrawn
from warehouse, for consumption on or
after July 16, 2004, the date of
publication of the Preliminary
Determination. CBP shall continue to
require a cash deposit or the posting of
a bond equal to the estimated amount by
which the normal value exceeds the
U.S. price as shown above. These
instructions suspending liquidation will
remain in effect until further notice.
VerDate jul<14>2003
15:06 Jan 31, 2005
Jkt 205001
With regard to canned warmwater
shrimp and prawns, CBP shall
discontinue suspension of liquidation of
all shipments of this merchandise
entered, or withdrawn from warehouse,
for consumption on or after July 16,
2004. All estimated antidumping duties
deposited on entries of the canned
warmwater shrimp and prawns from
Vietnam shall be refunded and the
bonds or other security released at the
time of liquidation.
This order is published in accordance
with section 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. E5–372 Filed 1–31–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–331–802)
Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from Ecuador 1
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 1, 2005.
FOR FURTHER INFORMATION CONTACT:
David J. Goldberger or Terre Keaton,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4136, or
(202) 482–1280, 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 (shrimp)
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 Ecuador were negligible; therefore, canned
warmwater shrimp and prawns will not be covered
by the antidumping duty order.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
from Ecuador. See Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Frozen and Canned
Warmwater Shrimp from Ecuador, 69
FR 76913 (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., 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 if 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., Exportadora
de Alimentos S.A. and (Expalsa) and
Promarisco S.A. (Promarisco)) that the
Department also made ministerial errors
in the final margin calculations.
On January 6, 2005, Exporklore S.A.
(Exporklore) submitted rebuttal
comments to the petitioners’ December
30, 2004, ministerial error allegation. On
January 10, 2005, the petitioners
submitted rebuttal comments to
Expalsa’s allegations, and Expalsa
submitted rebuttal comments to the
petitioners’ allegations.
After analyzing Expalsa’s,
Exporklore’s, Promarisco’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 made a ministerial error by using
the wrong packing expense variable for
weight–averaging U.S. packing expenses
in Expalsa’s margin program;
• We made a typographical error in the
computer programming language
intended to exclude substandard
merchandise in Expalsa’s final
determination comparison market and
margin programs;
• We made a ministerial error in
Expalsa’s comparison market program
by incorrectly applying the returned
sales expenses to all Italian sales made
after a certain date, rather than to sales
made only to a specific customer after
that date;
• We made a ministerial error in
revising Expalsa’s raw material costs for
certain shrimp products by applying the
wrong yield factors in our adjustments
for these products, thereby overstating
Expalsa’s raw material costs;
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5152-5156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-372]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
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 \1\
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 1, 2004.
FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3208.
---------------------------------------------------------------------------
\1\ On January 21, 2005, the International Trade Commission
(``ITC'') notified the Department of its final determination that
two domestic like products exist for the merchandise covered by the
Department's investigation: (i) Certain non-canned warmwater shrimp
and prawns, and (ii) canned warmwater shrimp and prawns. The ITC
determined that there is no injury regarding imports of canned
warmwater shrimp and prawns from Vietnam, therefore, canned
warmwater shrimp and prawns will not be covered by the antidumping
order.
---------------------------------------------------------------------------
Amendment to the Final Determination
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended, (``the Act'') on December 8, 2004, the Department
of Commerce (``the Department'') published its final determination of
sales at less than fair value (``LTFV'') in the investigation of
certain frozen and canned warmwater shrimp from the Socialist Republic
of Vietnam (``Vietnam''). See Notice of 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)
(``Final Determination''). See Final Determination and corresponding
``Issues and Decision Memorandum''
[[Page 5153]]
dated November 29, 2004; see also Memorandum from Nicole Bankhead, Case
Analyst, through Alex Villanueva, Program Manager, to James Doyle,
Office Director, Antidumping Duty Investigation of Certain Frozen and
Canned Warmwater Shrimp from the Socialist Republic of Vietnam: Final
Determination Separate Rates Memorandum for Section A Respondents,
dated November 29, 2004 (``Final Separate Rates Memo'').
Between December 7, 2004, and December 13, 2004, the following
parties filed timely allegations that the Department made various
ministerial errors in the Final Determination. On December 7, 2004,
five Section A Respondents, Truc An Company (``Truc An''), Hai Thuan
Export Seaproducts Processing Co., Ltd. (``Hai Thuan''), Nha Trang
Fisheries Co., Ltd. (``Nha Trang Fisheries''), Ngoc Sinh Seafoods
(``Ngoc Sinh''), and Phuong Nam Co., Ltd. (``Phuong Nam''), which had
been denied a separate rate by the Department in the Final
Determination, filed timely requests pursuant to 19 CFR 351.224(e)(1)
and (2) requesting that the Department correct alleged ministerial
errors in the Final Determination. Also on December 7, 2004, the VASEP
Shrimp Committee filed ministerial errors regarding additional names to
provide in the Department's instructions to the U.S. Customs and Border
Protection (``CBP'') to be issued after the final determination. Camau
Frozen Seafood Processing Import Export Corporation (``Camimex''), Minh
Phu Seafood Corporation (``Min Phu'') and Minh Hai Joint Stock Seafoods
Processing Company (``Seaprodex Minh Hai''), hereinafter collectively
referred to as ``the Mandatory Respondents,'' also filed timely
allegations that the Department made ministerial errors in the Final
Determination. The Ad Hoc Shrimp Trade Action Committee, Versaggi
Shrimp Corporation and Indian Ridge Shrimp Company, hereinafter
referred to collectively as ``Petitioners,'' filed timely allegations
that the Department made ministerial errors in the Final Determination.
Additionally, on December 7, 2004, Red Chamber on behalf of Phuong
Nam filed timely allegations that the Department made ministerial
errors in the Final Determination. However, because Red Chamber
submitted new information in its error allegation, the Department sent
Red Chamber a letter requesting that it retract the new information
from its December 7, 2004, filing in accordance with section 351.302(d)
of the Department's regulations and re-submit it without the new
information on December 13, 2004. On December 17, 2004, Red Chamber re-
submitted its ministerial error allegation without the new information.
On December 13, 2004, Petitioners filed comments rebutting the
Section A Respondents' and Mandatory Respondents' ministerial error
allegations. The Mandatory Respondents also submitted comments on
December 13, 2004, rebutting Petitioners' ministerial error
allegations.
On December 16, 2004, Eastern Fish Company, Inc. (``Eastern
Fish''), an importer of frozen shrimp and interested party in these
investigations, and Long John Silver's, Inc. (``LJS''), a purchaser of
shrimp imported by Eastern Fish filed reply comments rebutting
Petitioners' ministerial error allegations. On December 17, 2004,
Petitioners filed a letter requesting the Department to reject Eastern
Fish and LJS's untimely filing. On December 21, 2004, Eastern Fish and
LJS filed additional reply comments to Petitioners' ministerial error
allegations. Eastern Fish and LJS's December 16, 2004, and the December
21, 2004, submissions were rejected as replies to comments ``must be
filed within five days after the date on which the comments were filed
with the Secretary.'' See Section 351.224(c)(3) of the Department's
regulations. See Letter from Alex Villanueva, Program Manager, China/
NME Unit, Office IX to Eastern Fish and LJS Regarding Ministerial Error
Allegation Rebuttal Comments, dated January 26, 2005.
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Department considers
ministerial. See 19 CFR 351.224(f).
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with 19 CFR 351.224(e), that we made
ministerial errors in our calculations performed for the final
determination. For a detailed discussion of these ministerial errors,
as well as the Department's analysis, see Antidumping Duty
Investigation of Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Analysis of Allegations of Ministerial Error from
the Mandatory Respondents and Section A Respondents, dated January 26,
2005. Additionally, in the Final Determination, we determined that
several companies qualified for a separate-rate. The margin we
calculated in the Final Determination for these companies was 4.38
percent. Because the rates of the selected mandatory respondents have
changed since the Final Determination, we have recalculated the rate
for Section A respondents. The rate is 4.57 percent. See Memorandum to
the File from Paul Walker, Amended Calculation of Section A Rate, dated
January 26, 2005.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination of sales at LTFV in the antidumping duty
investigation of certain frozen warmwater shrimp from Vietnam. 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 Vietnam is being, or is likely to be, sold in the United States at
LTFV as provided in section 735 of the Act. 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 Vietnam. In its final
determination, however, the ITC determined that two domestic like
products exist for the merchandise covered by the Department's
investigation: (i) Certain non-canned warmwater shrimp and prawns, as
defined below, and (ii) canned warmwater shrimp and prawns. The ITC
determined pursuant to section 735(b)(1) that a domestic industry in
the United States is not materially injured or threatened with material
injury by reason of imports of canned warmwater shrimp and prawns from
Vietnam. Therefore, the ITC's affirmative determination of material
injury covered all certain non-canned warmwater shrimp and prawns other
than those specifically excluded under the ``Scope of the Order''
section below. Accordingly, the scope of the antidumping duty order has
been amended as described below to reflect the ITC's distinction
between canned warmwater shrimp and prawns and certain non-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
[[Page 5154]]
21, 1999). However, because the Mandatory Respondents did not export or
sell canned warmwater shrimp and prawns to the United States during the
POI, no recalculation of the antidumping margins is warranted, and
therefore we are not amending the final determination calculations to
exclude any sales of canned warmwater shrimp and prawn products.
In accordance with section 736(a)(1) of the Act, the Department
will direct 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 of the merchandise for all
relevant entries of certain frozen warmwater shrimp from Vietnam. These
antidumping duties will be assessed on all unliquidated entries of
certain frozen warmwater shrimp from Vietnam entered, or withdrawn from
the warehouse, for consumption on or after July 16, 2004, the date on
which the Department published its Notice of Preliminary Determination
of Sales at Less Than Fair Value, Negative Preliminary Determination of
Critical Circumstances and Postponement of Final Determination: Certain
Frozen and Canned Warmwater Shrimp from the Socialist Republic of
Vietnam (``Preliminary Determination'') 69 FR 42672 (July 16, 2004).
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of certain frozen and canned warmwater shrimp, we extended
the four-month period to no more than six months. See Preliminary
Determination. In this investigation, the six-month period beginning on
the date of the publication of the Preliminary Determination ended on
January 12, 2005. Definitive duties are to begin on the date of
publication of the ITC's final injury determination. See Section 737 of
the Act. Therefore, in accordance with section 733(d) of the Act and
our practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of certain frozen and canned warmwater shrimp from
Vietnam entered, or withdrawn from warehouse, for consumption on or
after January 12, 2005, and before the date of publication of the ITC
's final injury determination in the Federal Register. Suspension of
liquidation will continue on or after this date.
On or after the date of publication of the ITC's notice of final
determination in the Federal Register, CBP will require, at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margins as listed below. The ``Vietnam-wide'' rate
applies to all exporters of subject merchandise not listed
specifically. Imports of the noted canned warmwater shrimp and prawns
will not be covered by this order. We determine that the following
percentage weighted-average margins exist for the POI:
Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Mandatory Respondents
------------------------------------------------------------------------
Camau Frozen Seafood Processing Import Export Corporation 5.24
\2\.......................................................
Kim Anh Company Limited \3\................................ 25.76
Minh Phu Seafood Corporation \4\........................... 4.38
Minh Hai Joint Stock Seafoods Processing Company \5\....... 4.30
Vietnam-Wide Margin........................................ 25.76
------------------------------------------------------------
Section A Respondents
------------------------------------------------------------------------
Amanda Foods (Vietnam) Ltd.\6\............................. 4.57
Aquatic Products Trading Company \7\....................... 4.57
Bac Lieu Fisheries Company Limited \8\..................... 4.57
Coastal Fisheries Development Corporation \9\.............. 4.57
Cai Doi Vam Seafood Import-Export Company \10\............. 4.57
Cam Ranh Seafoods Processing Enterprise Company \11\....... 4.57
Can Tho Agriculture and Animal Products Import Export 4.57
Company \12\..............................................
Cantho Animal Fisheries Product Processing Export 4.57
Enterprise \13\...........................................
C.P. Vietnam Livestock Co. Ltd............................. 4.57
Cuu Long Seaproducts Company \14\.......................... 4.57
Danang Seaproducts Import Export Corporation \15\.......... 4.57
Hanoi Seaproducts Import Export Corporation \16\........... 4.57
Investment Commerce Fisheries Corporation \17\............. 4.57
Kien Giang Sea-Product Import-Export Company \18\.......... 4.57
Minh Hai Export Frozen Seafood Processing Joint-Stock 4.57
Company \19\..............................................
Minh Hai Seaproducts Import Export Corporation \20\........ 4.57
Ngoc Sinh Private Enterprise \21\.......................... 4.57
Nha Trang Fisheries Joint Stock Company \22\............... 4.57
Nha Trang Seaproduct Company \23\.......................... 4.57
Pataya Food Industries (Vietnam) Ltd.\24\.................. 4.57
Phu Cuong Seafood Processing and Import-Export Company 4.57
Limited \25\..............................................
Phuong Nam Co. Ltd.\26\.................................... 4.57
Sao Ta Foods Joint Stock Company \27\...................... 4.57
Soc Trang Aquatic Products and General Import Export 4.57
Company \28\..............................................
Song Huong ASC Import-Export Company Ltd.\29\.............. 4.57
Thuan Phuoc Seafoods and Trading Corporation \30\.......... 4.57
[[Page 5155]]
UTXI Aquatic Products Processing Company \31\.............. 4.57
Viet Foods Co., Ltd.\32\................................... 4.57
Viet Nhan Company.......................................... 4.57
Viet Hai Seafood Company Ltd.\33\.......................... 4.57
Vinh Loi Import Export Company \34\........................ 4.57
------------------------------------------------------------------------
\2\ Also known as Camimex and Camau Seafood Factory No. 4.
\3\ Not a separate rate.
\4\ Also known as Minh Phu Seafood Export-Import Corporation, Minh Phu,
Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh Qui, Minh Phat
Seafood Co. Ltd. and Minh Phat.
\5\ Also known as Seaprodex Minh Hai.
\6\ Also known as Amanda VN and Amanda.
\7\ Also known as APT and A.P.T. Co.
\8\ Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries
Co. Ltd., Bac Lieu Fisheries Limited Company and Bac Lieu Fisheries
Company Ltd.
\9\ Also known as COFIDEC.
\10\ Also known as Cadovimex.
\11\ Also known as Cam Ranh.
\12\ Also known as Cataco, Duyen Hai Foodstuffs Processing Factory,
Caseafood, Coseafex and Cantho Seafood Export.
\13\ Also known as Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien Thuy Suc
San Xuat Khau Can Tho, CAS, CAS Branch, Cafatex Saigon, Cafatex
Fishery Joint Stock Corporation, Cafatex Corporation and Taydo Seafood
Enterprise.
\14\ Also known as Cuu Long Seapro.
\15\ Also known as Seaprodex Danang, Tho Quang Seafood Processing and
Export Company and Tho Quang.
\16\ Also known as Seaprodex Hanoi.
\17\ Also known as INCOMFISH, Investment Commerce Fisheries Corp.,
INCOMFISH CORP. and INCOMFISH CORPORATION.
\18\ Also known as KISIMEX, Kien Giang Seaproduct Import & Export
Company, Kien Giang Seaproduct Import and Export Company, Kien Giang
Seaproduct Import Export Co., Kien Giang Sea Product Import & Export
Co., Kien Giang Sea Product Import and Export Company, Kien Giang Sea
Product Import & Export Company, Kien Giang Sea Product Import &
Export Co. and Kien Giang Sea Product Im. & Ex. Co.
\19\ Also known as Minh Hai Jostoco.
\20\ Also known as Seaprimexco.
\21\ Also known as Ngoc Sinh Seafoods, Ngoc Sinh Fisheries, Ngoc Sinh
Private Enterprises, Ngoc Sinh Seafoods Processing and Trading
Enterprises and Ngoc Sinh.
\22\ Also known as Nhatrang Fisheries Joint Stock Company, Nha Trang
Fisco and Nhatrang Fisco.
\23\ Also known as Nha Trang Seafoods.
\24\ Also known as Pataya VN.
\25\ Also known as Phu Cuong Seafood Processing Import-Export Company
Ltd., Phu Cuong Co., Phu Cuong, Phu Cuong Seafood Processing & Import-
Export Co. Ltd., Phu Cuong Seafood Processing, Phu Cuong Co. Ltd. and
Phu Cuong Seafood Processing Import & Export Company Limited.
\26\ Also known as Phuong Nam Company Limited and Phuong Nam.
\27\ Also known as Fimex VN, Saota Seafood Factory and Sao Ta Seafood
Factory.
\28\ Also known as STAPIMEX.
\29\ Also known as Song Huong ASC Joint Stock Company, SOSEAFOOD, ASC,
Song Huong Import Export Seafood Joint Stock Company, Song Huong
Import-Export Seafood Joint Stock Company, Song Huong Import Export
Seafood Company, Song Huong Seafood Import-Export Company, Song Huong
Seafood Import Export Co., Song Huong Seafood Im-Export Co., SongHuong
and Songhuong Joint Stock Company.
\30\ Also known as Frozen Seafoods Factory No. 32.
\31\ Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products
Processing Company and UT-XI Aquatic Products Processing Company.
\32\ Also known as Viet Foods, Nam Hai Exports Food Stuff Limited, Nam
Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods
Company Limited and Vietfoods Company Limited.
\33\ Also known as Vietnam FishOne, Vietnam Fish-One Company Co. Ltd.,
Vietnam Fish-One, Vietnam Fish-One Co. Ltd., Vietnam Fish One Co.
Ltd., Vietnam Fish One Company Limited and Vietnam Fish-One Company
Limited.
\34\ Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi
Import Export Company and Vinh Loi Import-Export Company.
Scope of the 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,\35\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\35\ ``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 investigation, 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 investigation. 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 investigation.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTS
[[Page 5156]]
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) 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 investigation 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 investigation
is dispositive.
Continuation of Suspension of Liquidation
Pursuant to 735(c)(1)(B) of the Act, we will instruct CBP to
continue to suspend liquidation of all entries of certain frozen
warmwater shrimp and prawns from Vietnam entered, or withdrawn from
warehouse, for consumption on or after July 16, 2004, the date of
publication of the Preliminary Determination. CBP shall continue to
require a cash deposit or the posting of a bond equal to the estimated
amount by which the normal value exceeds the U.S. price as shown above.
These instructions suspending liquidation will remain in effect until
further notice.
With regard to canned warmwater shrimp and prawns, CBP shall
discontinue suspension of liquidation of all shipments of this
merchandise entered, or withdrawn from warehouse, for consumption on or
after July 16, 2004. All estimated antidumping duties deposited on
entries of the canned warmwater shrimp and prawns from Vietnam shall be
refunded and the bonds or other security released at the time of
liquidation.
This order is published in accordance with section 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. E5-372 Filed 1-31-05; 8:45 am]
BILLING CODE 3510-DS-P
