Notice of Final Results of New Shipper Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp From Ecuador, 54977-54978 [06-7790]

Download as PDF Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–331–802] Notice of Final Results of New Shipper Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp From Ecuador Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On April 26, 2006, the Department of Commerce (the Department) published the preliminary results of its new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador. The review covers the entries of Studmark, S.A. (Studmark) for the period of review (POR) August 4, 2004, through July 31, 2005. Based on the Department’s analysis of the issues, these final results have changed from the preliminary results. The final results are listed in the section below entitled ‘‘Final Results of Review.’’ DATES: Effective Date: September 20, 2006. AGENCY: FOR FURTHER INFORMATION CONTACT: David J. 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: Background On June 16, 2006, the Department published in the Federal Register the preliminary results of this new shipper review and invited interested parties to comment on those results.1 The Department received a request for a hearing and a case brief from Studmark on July 12 and July 31, 2006, respectively. A public hearing was held on August 16, 2006. Scope of the Order jlentini on PROD1PC65 with NOTICES 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 1 See Notice of Preliminary Results of New Shipper Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from Ecuador, 71 FR 34888 (June 16, 2006) (Preliminary Results). 2 ‘‘Tails’’ in this context menas the tail fan, which includes the telson and the uropods. VerDate Aug<31>2005 17:40 Sep 19, 2006 Jkt 205001 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. 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 54977 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 classifiable 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. Analysis of Comments Received All issues raised in the case brief by Studmark are addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the New Shipper Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from Ecuador’’ from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration (Decision Memorandum), dated concurrently with and is hereby adopted by this notice. A list of the issues which Studmark raised and to which we have responded, all of which are addressed in the Decision Memorandum, is attached to this notice as an Appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Decision Memorandum, which is on file in the Central Records Unit, room B–099 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Fair Value Comparisons We calculated export price (EP) and normal value based on the same methodology used in the preliminary results, except as follows: We made no adjustment to EP for foreign inland freight expense instead of making such an adjustment based on the facts otherwise available as we did in the preliminary results. E:\FR\FM\20SEN1.SGM 20SEN1 54978 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices rates applicable to any other companies under this antidumping duty order. As a result of our review, we This notice also serves as a final determine that the following weightedreminder to importers of their average percentage margin exists for the responsibility under section 351.402(f) period August 4, 2004, through July 31, of the Department’s regulations to file a 2005: certificate regarding the reimbursement of antidumping and countervailing Margin duties prior to liquidation of the Manufacturer/exporter (percent) relevant entries during this review Studmark, S.A. ........................... 9.20 period. Failure to comply with this requirement could result in the Secretary’s presumption that Assessment reimbursement of antidumping and The Department shall determine, and countervailing duties occurred, and in the U.S. Customs and Border Protection the subsequent assessment of (CBP) shall assess, antidumping duties antidumping duties increased by the on all appropriate entries. In accordance amount of antidumping and/or with section 351.212(b)(1) of the countervailing duties reimbursed. Department’s regulations, we have This notice also is the only reminder calculated importer-specific assessment to parties subject to administrative rates by dividing the dumping margin protective order (APO) of their found on the subject merchandise responsibility concerning the return/ examined by the entered value of such destruction or conversion to judicial merchandise. Where the importerprotective order of proprietary specific assessment rate is above de information disclosed under APO in minimis we will instruct CBP to assess accordance with section 351.305(a)(3) of antidumping duties on that importer’s the Department’s regulations. Failure to entries of subject merchandise. The comply is a violation of the APO. Department will issue appropriate This determination is issued and assessment instructions directly to CBP published in accordance with sections within 15 days of publication of these 751(a) and 777(i)(1) of the Act. final results of review. Dated: September 13, 2006. Final Results of Review jlentini on PROD1PC65 with NOTICES Cash Deposit Requirements The following cash deposit rates shall be required for merchandise subject to the order entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results for this new shipper review, as provided for by section 751(a)(1) and 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for Studmark (i.e., for subject merchandise both manufactured and exported by Studmark) will be 9.20 percent; (2) the cash deposit rate for exporters who received a rate in a prior segment of the proceeding will continue to be the rate assigned in that segment of the proceeding; (3) the cash deposit rate for entries of subject merchandise exported by Studmark but not manufactured by Studmark will continue to be the ‘‘All Others’’ rate (i.e., 3.58 percent) or the rate applicable to the manufacturer, if so established; and (4) if neither the exporter nor the producer is a firm covered in this review or a prior segment of the proceeding, the cash deposit rate will be 3.58 percent, the ‘‘All Others’’ rate established in the LTFV investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. There are no changes to the VerDate Aug<31>2005 17:40 Sep 19, 2006 Jkt 205001 David M. Spooner, Assistant Secretary for Import Administration. Appendix—List of Comments in the Issues and Decision Memorandum Comment 1: Whether a Particular Market Situation Exists In the Home Market Comment 2: Application of Facts Otherwise Available for Inland Freight Expenses Comment 3: Period for Calculating G&A Expenses [FR Doc. 06–7790 Filed 9–19–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE. International Trade Administration A–570–893 Certain Frozen Warmwater Shrimp from the People’s Republic of China: Extension of Time Limit for Final Results of the 2004/2005 Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 20, 2006. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2243. Background On June 27, 2006, the Department of Commerce (‘‘the Department’’) issued the preliminary results of this new shipper review. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 71 FR 38368 (July 6, 2006) (‘‘Preliminary Results’’). Extension of Time Limits for Final Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the final results of a new shipper review to 150 days if it determines that the case is extraordinarily complicated. See section 751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(i)(2). In order to allow parties additional time to submit comments regarding the Department’s Preliminary Results, the Department extended the deadline for the submission of case and rebuttal briefs by 48 days. As a result of the extensions and the extraordinarily complicated issues raised in this review segment, including surrogate valuation and bona fides issues, it is not practicable to complete this new shipper review within the current time limit. Accordingly, the Department is extending the time limit for the completion of the final results by 60 days untilNovember 24, 2006, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 13, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 06–7795 Filed 09–19–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 54977-54978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7790]



[[Page 54977]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-802]


Notice of Final Results of New Shipper Review of the Antidumping 
Duty Order on Certain Frozen Warmwater Shrimp From Ecuador

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On April 26, 2006, the Department of Commerce (the Department) 
published the preliminary results of its new shipper review of the 
antidumping duty order on certain frozen warmwater shrimp from Ecuador. 
The review covers the entries of Studmark, S.A. (Studmark) for the 
period of review (POR) August 4, 2004, through July 31, 2005. Based on 
the Department's analysis of the issues, these final results have 
changed from the preliminary results. The final results are listed in 
the section below entitled ``Final Results of Review.''

DATES: Effective Date: September 20, 2006.

FOR FURTHER INFORMATION CONTACT: David J. 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:

Background

    On June 16, 2006, the Department published in the Federal Register 
the preliminary results of this new shipper review and invited 
interested parties to comment on those results.\1\ The Department 
received a request for a hearing and a case brief from Studmark on July 
12 and July 31, 2006, respectively. A public hearing was held on August 
16, 2006.
---------------------------------------------------------------------------

    \1\ See Notice of Preliminary Results of New Shipper Review of 
the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from 
Ecuador, 71 FR 34888 (June 16, 2006) (Preliminary Results).
---------------------------------------------------------------------------

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,\2\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \2\ ``Tails'' in this context menas 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. 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 classifiable 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.

Analysis of Comments Received

    All issues raised in the case brief by Studmark are addressed in 
the ``Issues and Decision Memorandum for the Final Results of the New 
Shipper Review of the Antidumping Duty Order on Certain Frozen 
Warmwater Shrimp from Ecuador'' from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration (Decision Memorandum), 
dated concurrently with and is hereby adopted by this notice.
    A list of the issues which Studmark raised and to which we have 
responded, all of which are addressed in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in the Decision Memorandum, which is on file in the 
Central Records Unit, room B-099 of the main Department of Commerce 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Fair Value Comparisons

    We calculated export price (EP) and normal value based on the same 
methodology used in the preliminary results, except as follows:
    We made no adjustment to EP for foreign inland freight expense 
instead of making such an adjustment based on the facts otherwise 
available as we did in the preliminary results.

[[Page 54978]]

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period August 4, 
2004, through July 31, 2005:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Studmark, S.A...............................................        9.20
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with section 351.212(b)(1) of the Department's 
regulations, we have calculated importer-specific assessment rates by 
dividing the dumping margin found on the subject merchandise examined 
by the entered value of such merchandise. Where the importer-specific 
assessment rate is above de minimis we will instruct CBP to assess 
antidumping duties on that importer's entries of subject merchandise. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit rates shall be required for merchandise 
subject to the order entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results for 
this new shipper review, as provided for by section 751(a)(1) and 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for Studmark (i.e., for subject merchandise both 
manufactured and exported by Studmark) will be 9.20 percent; (2) the 
cash deposit rate for exporters who received a rate in a prior segment 
of the proceeding will continue to be the rate assigned in that segment 
of the proceeding; (3) the cash deposit rate for entries of subject 
merchandise exported by Studmark but not manufactured by Studmark will 
continue to be the ``All Others'' rate (i.e., 3.58 percent) or the rate 
applicable to the manufacturer, if so established; and (4) if neither 
the exporter nor the producer is a firm covered in this review or a 
prior segment of the proceeding, the cash deposit rate will be 3.58 
percent, the ``All Others'' rate established in the LTFV investigation. 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review. There are no 
changes to the rates applicable to any other companies under this 
antidumping duty order.
    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping and 
countervailing duties prior to liquidation of the relevant entries 
during this review period. Failure to comply with this requirement 
could result in the Secretary's presumption that reimbursement of 
antidumping and countervailing duties occurred, and in the subsequent 
assessment of antidumping duties increased by the amount of antidumping 
and/or countervailing duties reimbursed.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
section 351.305(a)(3) of the Department's regulations. Failure to 
comply is a violation of the APO.
    This determination is issued and published in accordance with 
sections 751(a) and 777(i)(1) of the Act.

    Dated: September 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix--List of Comments in the Issues and Decision Memorandum

Comment 1: Whether a Particular Market Situation Exists In the Home 
Market
Comment 2: Application of Facts Otherwise Available for Inland 
Freight Expenses
Comment 3: Period for Calculating G&A Expenses

[FR Doc. 06-7790 Filed 9-19-06; 8:45 am]
BILLING CODE 3510-DS-P