Notice of Initiation of New Shipper Antidumping Duty Review: Certain Frozen Warmwater Shrimp from Ecuador, 57562-57563 [05-19684]

Download as PDF 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first shipped fresh garlic for export to the United States and the date on which the fresh garlic was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment and the volume of subsequent shipments; and (3) the date of its first sale to an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]


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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