Notice of Initiation of New Shipper Antidumping Duty Review: Certain Frozen Warmwater Shrimp from Ecuador, 57562-57563 [05-19684]
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57562
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices
required by 19 CFR 351.214(b)(2)(iii)(B),
Dongbao also certified that its export
activities were not controlled by the
central government of the PRC.
In addition to the certifications
described above, the exporter submitted
documentation establishing the
following: (1) the date on which it first
shipped fresh garlic for export to the
United States and the date on which the
fresh garlic was first entered, or
withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment and the volume of subsequent
shipments; and (3) the date of its first
sale to an unaffiliated customer in the
United States.
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), we are
initiating this new shipper review for
shipments of fresh garlic from the PRC
grown and exported by Dongbao.
The POR is November 1, 2004,
through April 30, 2005. See 19 CFR
351.214(g)(1)(i)(B). We intend to issue
preliminary results of these reviews no
later than 180 days from the date of
initiation, and final results of these
reviews no later than 270 days from the
date of initiation. See section
751(a)(2)(B)(iv) of the Act.
Because Dongbao has certified that it
grew and exported the fresh garlic on
which it based its request for a new
shipper review, we will instruct U.S.
Customs and Border Protection (CBP) to
allow, at the option of the importer, the
posting of a bond or security in lieu of
a cash deposit for each entry of fresh
garlic both grown and exported by
Dongbao until the completion of the
new shipper review, pursuant to section
751(a)(2)(B)(iii) of the Act. Interested
parties that need access to proprietary
information in this new shipper review
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: September 23, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–19685 Filed 9–30–05; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
17:26 Sep 30, 2005
Jkt 205001
DEPARTMENT OF COMMERCE
International Trade Administration
(A–331–802)
Notice of Initiation of New Shipper
Antidumping Duty Review: Certain
Frozen Warmwater Shrimp from
Ecuador
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Initiation of New Shipper
Antidumping Duty Review.
AGENCY:
SUMMARY: The Department of Commerce
(the Department) has received a request
for a new shipper review of the
antidumping duty order on certain
frozen warmwater shrimp from Ecuador
published on February 1, 2005 (70 FR
5156). In accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.214(d), we are initiating an
antidumping new shipper review of
Studmark, S.A. (Studmark).
EFFECTIVE DATE: October 3, 2005.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Gemal Brangman,
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) 482–4136 or (202) 482–
3773, respectively;
SUPPLEMENTARY INFORMATION: The
Department received a timely request
from Studmark, in accordance with 19
CFR 351.214(c), for a new shipper
review of the antidumping duty order
on certain frozen warmwater shrimp
from Ecuador. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from Ecuador, 70 FR 5156
(February 1, 2005).
Pursuant to 19 CFR 351.214(b),
Studmark certified that it is both an
exporter and producer of the subject
merchandise, that it did not export
subject merchandise to the United
States during the period of the
investigation (POI) (October 1, 2002,
through September 30, 2003), and that
it was not affiliated with any exporter or
producer who exported the subject
merchandise to the United States during
the POI. Studmark also submitted
documentation establishing the date on
which the subject merchandise was first
entered for consumption, the volume
shipped, and the date of its first sale to
an unaffiliated customer in the United
States.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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,1
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.
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 subheading 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.
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
E:\FR\FM\03OCN1.SGM
03OCN1
57563
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices
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.
liquidation of any unliquidated entries
of the subject merchandise from
Studmark and allow, at the option of the
importer, the posting, until completion
of the review, of a bond or security in
lieu of a cash deposit for each entry of
the merchandise exported by Studmark
in accordance with 19 CFR 351.214(e).
Because Studmark certified that it both
produces and exports the subject
merchandise, the sale of which is the
basis for this new shipper review
request, we will permit the bonding
privilege only for those entries of
subject merchandise for which
Studmark is both the producer and the
exporter.
Interested parties may submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in
accordance with section 751(a) of the
Act and 19 CFR 351.214(d).
Initiation of Review
In accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214(d), we are initiating a new
shipper review of the antidumping duty
order on certain frozen warmwater
shrimp from Ecuador produced and
exported by Studmark. Because we are
initiating this new shipper review in the
month immediately following the first
semianniversary month, this review
covers the period from August 4, 2004,
through July 31, 2005, in accordance
with 19 CFR 351.214(g)(ii)(B). We
intend to issue the preliminary results
of this review no later than 180 days
after the date on which this review is
initiated, and the final results within 90
days after the date on which we issue
the preliminary results. See section
751(a)(2)(B)(iv) of the Act.
We will instruct the U.S. Customs and
Border Protection to suspend
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an In–
Quota Rate of Duty
Dated: September 26, 2005.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 05–19684 Filed 9–30–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of
Commerce, in consultation with the
Secretary of Agriculture, has prepared
its quarterly update to the annual list of
foreign government subsidies on articles
of cheese subject to an in–quota rate of
duty during the period April 1, 2005,
through June 31, 2005. We are
publishing the current listing of those
subsidies that we have determined exist.
EFFECTIVE DATE: October 3, 2005.
FOR FURTHER INFORMATION CONTACT:
Tipten Troidl or Eric Greynolds, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
Commerce, 14th Street and Constitution
Ave., NW, Washington, DC 20230,
telephone: (202) 482–1767 or (202) 482–
6071, respectively.
Section
702 of the Trade Agreements Act of
1979 (as amended) (‘‘the Act’’) requires
the Department of Commerce (‘‘the
Department’’) to determine, in
consultation with the Secretary of
Agriculture, whether any foreign
government is providing a subsidy with
respect to any article of cheese subject
to an in–quota rate of duty, as defined
in section 702(h) of the Act, and to
publish an annual list and quarterly
updates of the type and amount of those
subsidies. We hereby provide the
Department’s quarterly update of
subsidies on articles of cheese that were
imported during the period April 1,
2005, through June 31, 2005.
The Department has developed, in
consultation with the Secretary of
Agriculture, information on subsidies
(as defined in section 702(h) of the Act)
being provided either directly or
indirectly by foreign governments on
articles of cheese subject to an in–quota
rate of duty. The appendix to this notice
lists the country, the subsidy program or
programs, and the gross and net
amounts of each subsidy for which
information is currently available. The
Department will incorporate additional
programs which are found to constitute
subsidies and additional information on
the subsidy programs listed, as the
information is developed.
The Department encourages any
person having information on foreign
government subsidy programs which
benefit articles of cheese subject to an
in–quota rate of duty to submit such
information in writing to the Assistant
Secretary for Import Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
This determination and notice are in
accordance with section 702(a) of the
Act.
SUPPLEMENTARY INFORMATION:
Dated: September 23, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import
Administration.
APPENDIX
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY1
Country
Austria ............................................................
Belgium ..........................................................
VerDate Aug<31>2005
17:26 Sep 30, 2005
Gross2 Subsidy ($/lb)
Program(s)
Jkt 205001
European Union Restitution
Payments
EU Restitution Payments
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Net3 Subsidy ($/lb)
$0.00
$ 0.00
E:\FR\FM\03OCN1.SGM
$ 0.00
$ 0.00
03OCN1
]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57562-57563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19684]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-331-802)
Notice of Initiation of New Shipper Antidumping Duty Review:
Certain Frozen Warmwater Shrimp from Ecuador
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Initiation of New Shipper Antidumping Duty Review.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the Department) has received a
request for a new shipper review of the antidumping duty order on
certain frozen warmwater shrimp from Ecuador published on February 1,
2005 (70 FR 5156). In accordance with section 751(a)(2)(B) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are
initiating an antidumping new shipper review of Studmark, S.A.
(Studmark).
EFFECTIVE DATE: October 3, 2005.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Gemal Brangman,
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-
4136 or (202) 482-3773, respectively;
SUPPLEMENTARY INFORMATION: The Department received a timely request
from Studmark, in accordance with 19 CFR 351.214(c), for a new shipper
review of the antidumping duty order on certain frozen warmwater shrimp
from Ecuador. See Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005).
Pursuant to 19 CFR 351.214(b), Studmark certified that it is both
an exporter and producer of the subject merchandise, that it did not
export subject merchandise to the United States during the period of
the investigation (POI) (October 1, 2002, through September 30, 2003),
and that it was not affiliated with any exporter or producer who
exported the subject merchandise to the United States during the POI.
Studmark also submitted documentation establishing the date on which
the subject merchandise was first entered for consumption, the volume
shipped, and the date of its first sale to an unaffiliated customer in
the United States.
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,\1\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\1\ ``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 subheading 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.
[[Page 57563]]
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.
Initiation of Review
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d), we are initiating a new shipper review of the antidumping
duty order on certain frozen warmwater shrimp from Ecuador produced and
exported by Studmark. Because we are initiating this new shipper review
in the month immediately following the first semianniversary month,
this review covers the period from August 4, 2004, through July 31,
2005, in accordance with 19 CFR 351.214(g)(ii)(B). We intend to issue
the preliminary results of this review no later than 180 days after the
date on which this review is initiated, and the final results within 90
days after the date on which we issue the preliminary results. See
section 751(a)(2)(B)(iv) of the Act.
We will instruct the U.S. Customs and Border Protection to suspend
liquidation of any unliquidated entries of the subject merchandise from
Studmark and allow, at the option of the importer, the posting, until
completion of the review, of a bond or security in lieu of a cash
deposit for each entry of the merchandise exported by Studmark in
accordance with 19 CFR 351.214(e). Because Studmark certified that it
both produces and exports the subject merchandise, the sale of which is
the basis for this new shipper review request, we will permit the
bonding privilege only for those entries of subject merchandise for
which Studmark is both the producer and the exporter.
Interested parties may submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in accordance with section 751(a) of
the Act and 19 CFR 351.214(d).
Dated: September 26, 2005.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 05-19684 Filed 9-30-05; 8:45 am]
BILLING CODE 3510-DS-S
