Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of the Antidumping Duty New Shipper Review, 70362-70363 [06-9463]

Download as PDF 70362 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices Done in Washington, DC, this 29th day of November 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–20516 Filed 12–1–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results of the Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 6, 2006, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’) for Zhanjiang Regal Integrated Marine Resources Co., Ltd. (‘‘Zhanjiang Regal’’). 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’’). We gave interested parties an opportunity to comment on the Preliminary Results. No party submitted a case brief in the instant review and we made no changes to the Preliminary Results. Therefore, we continue to find that Zhanjiang Regal did not sell subject merchandise at less than normal value during the period of review (‘‘POR’’) July 16, 2004, through July 31, 2005. EFFECTIVE DATE: December 4, 2006. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482–2243. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC61 with NOTICES AGENCY: Case History Subsequent to the Preliminary Results, on August 18, 2006, the Department implemented the temporary suspension of the new shipper bonding provision in this review, in accordance with the Pension Protection Act of 2006, Pub. L. No. 109–280, Sec. 1632, 120 Stat. 780 (2006), which was signed into law on August 17, 2006. The legislation VerDate Aug<31>2005 11:51 Dec 01, 2006 Jkt 211001 suspended the ability of a U.S. importer to satisfy the antidumping duty deposit requirements by posting a bond or other security deposit in lieu of a cash deposit with U.S. Customs and Border Protection (CBP) during the period of April 1, 2006 to June 30, 2009. On September 20, 2006, the Department published in the Federal Register a notice extending the deadline for the final results. See 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, 71 FR 54978 (September 20, 2006). On September 22, 2006, we placed additional entry documents on the record in which an importer listed Zhanjiang Regal as the producer of shrimp exported to the United States.1 On September 22, 2006, we issued Zhanjiang Regal a supplemental questionnaire. On September 29, 2006, Zhanjiang Regal submitted its response to this questionnaire. No party submitted case briefs. 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 (including the telson and the uropods), 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 (HTSUS), 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 penaiedae 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), 1 Although these additional entries were not reported during the course of the review, there is nothing on the record demonstrating that Zhanjiang Regal knew or had reason to believe that these additional entries were destined for the United States. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 (HTSUS 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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) Lee Kum Kee’s shrimp sauce; (7) canned warmwater shrimp and prawns (HTSUS 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 ten percent of the product’s total weight after being dusted, but prior to being frozen; (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 HTSUS 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 HTSUS subheadings are provided for convenience and for Customs purposes only and are dispositive, but rather the written description of the scope of this order is dispositive. E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices Final Results of Review We made no changes to the Preliminary Results; thus, we continue to find the following margin exists during the period July 16, 2004, through July 31, 2005: CERTAIN FROZEN WARMWATER SHRIMP FROM THE PRC Exporter/manufacturer Weightedaverage margin (percent) Zhanjiang Regal Integrated Marine Resources Co., Ltd. 0.00 mstockstill on PROD1PC61 with NOTICES Assessment Rates The Department will issue appropriate appraisement instructions directly to U.S. Customs and Border Protection (‘‘CBP’’) for Zhanjiang Regal within 15 days of publication of the final results of this review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these results of the new shipper review for all shipments of subject merchandise from Zhanjiang Regal entered, or withdrawn from warehouse, for consumption on or after the publication date: (1) For subject merchandise manufactured and exported by Zhanjiang Regal, no cash deposit will be required; (2) for subject merchandise exported by Zhanjiang Regal but not manufactured by itself, the cash deposit rate will continue to be the PRC-wide rate, (i.e., 112.81 percent); and (3) for subject merchandise produced by Zhanjiang Regal, but not exported by Zhanjiang Regal, the cash deposit rate will be the rate applicable to the exporters. These requirements will remain in effect until publication of the final results of the next administrative review. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the VerDate Aug<31>2005 11:51 Dec 01, 2006 Jkt 211001 reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This new shipper review and notice are in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h). Dated: November 20, 2006. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. 06–9463 Filed 12–1–06; 8:45 am] BILLING CODE 3510–DS–M DEPARTMENT OF COMMERCE International Trade Administration 70363 Background On July 31, 2006, the Department of Commerce (the Department) received a request from Santiago Comercio Exterior Sociedad Anonima (SANCO) to defer for one year the initiation of the July 1, 2005 through June 30, 2006 administrative review of the antidumping duty order on Individually Quick Frozen (IQF) Red Raspberries from Chile with respect to SANCO in accordance with 19 CFR 351.213(c). The Department received no objections to this request from any party cited in 19 CFR 351.213(c)(1)(ii). On August 30, 2006, the Department published Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 71 FR 51573 (Aug. 30, 2006) (‘‘Initiation Notice’’). In the Initiation Notice, the Department inadvertently included SANCO , despite SANCO’s pending, unopposed request for deferral. We have granted SANCO’s request for deferral. Therefore, we are correcting the Initiation Notice to defer for one year the initiation of the July 1, 2005 through June 30, 2006 administrative review of IQF Red Raspberries with respect to SANCO in accordance with 19 CFR 351.213(c). We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 21, 2006. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E6–20459 Filed 12–01–06; 8:45 am] Billing Code: 3510–DS–S A–337–806 DEPARTMENT OF COMMERCE Certain Individually Quick Frozen Red Raspberries from Chile: Correction to Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part International Trade Administration Import Administration, International Trade Administration, Department of Commerce. AGENCY: EFFECTIVE DATE: December 4, 2006. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Julie H. Santoboni, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–3813 or (202) 482– 4194, respectively. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 A–428–830 Stainless Steel Bar from Germany: Extension of Time Limit for the Preliminary Results of the New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 4, 2006. FOR FURTHER INFORMATION CONTACT: Damian Felton or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 482–0133 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70362-70363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9463]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Final Results of the Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 6, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the new shipper review of the antidumping duty order on certain 
frozen warmwater shrimp from the People's Republic of China (``PRC'') 
for Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Zhanjiang 
Regal''). 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''). 
We gave interested parties an opportunity to comment on the Preliminary 
Results. No party submitted a case brief in the instant review and we 
made no changes to the Preliminary Results. Therefore, we continue to 
find that Zhanjiang Regal did not sell subject merchandise at less than 
normal value during the period of review (``POR'') July 16, 2004, 
through July 31, 2005.

EFFECTIVE DATE: December 4, 2006.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Case History

    Subsequent to the Preliminary Results, on August 18, 2006, the 
Department implemented the temporary suspension of the new shipper 
bonding provision in this review, in accordance with the Pension 
Protection Act of 2006, Pub. L. No. 109-280, Sec. 1632, 120 Stat. 780 
(2006), which was signed into law on August 17, 2006. The legislation 
suspended the ability of a U.S. importer to satisfy the antidumping 
duty deposit requirements by posting a bond or other security deposit 
in lieu of a cash deposit with U.S. Customs and Border Protection (CBP) 
during the period of April 1, 2006 to June 30, 2009. On September 20, 
2006, the Department published in the Federal Register a notice 
extending the deadline for the final results. See 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, 71 FR 54978 (September 20, 2006). On September 22, 2006, we 
placed additional entry documents on the record in which an importer 
listed Zhanjiang Regal as the producer of shrimp exported to the United 
States.\1\ On September 22, 2006, we issued Zhanjiang Regal a 
supplemental questionnaire. On September 29, 2006, Zhanjiang Regal 
submitted its response to this questionnaire. No party submitted case 
briefs.
---------------------------------------------------------------------------

    \1\ Although these additional entries were not reported during 
the course of the review, there is nothing on the record 
demonstrating that Zhanjiang Regal knew or had reason to believe 
that these additional entries were destined for 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 (including the telson and the uropods), 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 (HTSUS), 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 penaiedae 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 (HTSUS 
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 
(5) dried shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned 
warmwater shrimp and prawns (HTSUS 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 ten percent of the product's 
total weight after being dusted, but prior to being frozen; (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 HTSUS 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 HTSUS subheadings are provided 
for convenience and for Customs purposes only and are dispositive, but 
rather the written description of the scope of this order is 
dispositive.

[[Page 70363]]

Final Results of Review

    We made no changes to the Preliminary Results; thus, we continue to 
find the following margin exists during the period July 16, 2004, 
through July 31, 2005:

              Certain Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              (percent)
------------------------------------------------------------------------
Zhanjiang Regal Integrated Marine Resources Co., Ltd.               0.00
------------------------------------------------------------------------

Assessment Rates

    The Department will issue appropriate appraisement instructions 
directly to U.S. Customs and Border Protection (``CBP'') for Zhanjiang 
Regal within 15 days of publication of the final results of this 
review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these results of the new shipper review for all 
shipments of subject merchandise from Zhanjiang Regal entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date: (1) For subject merchandise manufactured and exported by 
Zhanjiang Regal, no cash deposit will be required; (2) for subject 
merchandise exported by Zhanjiang Regal but not manufactured by itself, 
the cash deposit rate will continue to be the PRC-wide rate, (i.e., 
112.81 percent); and (3) for subject merchandise produced by Zhanjiang 
Regal, but not exported by Zhanjiang Regal, the cash deposit rate will 
be the rate applicable to the exporters. These requirements will remain 
in effect until publication of the final results of the next 
administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This new shipper review and notice are in accordance with sections 
751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h).

    Dated: November 20, 2006.
David M. Spooner,
Assistant Secretary, for Import Administration.
[FR Doc. 06-9463 Filed 12-1-06; 8:45 am]
BILLING CODE 3510-DS-M