Certain Frozen Warmwater Shrimp from the People's Republic of China: Notice of Final Results of Changed Circumstances Review, 33447-33449 [E7-11709]

Download as PDF Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices jlentini on PROD1PC65 with NOTICES written authorization for such an export. In addition, Durrani was also found guilty on one count of conspiracy. Durrani was sentenced to 150 months imprisonment followed by three years of supervised released. Section 11(h) of the Export Administration Act of 1979, as amended (currently codified at 50 U.S.C. app. 2401–2420 (2000)) (‘‘Act’’) 1 and § 766.25 of the Export Administration Regulations 2 (‘‘Regulations’’) provide, in pertinent part, that ‘‘[t]he Director of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny export privileges of any person who has been convicted of a violation of * * * Section 38 of the Arms Export Control Act,’’ for a period not to exceed 10 years from the date of conviction. 15 CFR 766.25(a) and (d). In addition, § 750.8 of the Regulations states that BIS’s Office of Exporter Services may revoke any BIS licenses previously issued in which the person had an interest at the time of his conviction. I have received notice of Durrani’s conviction for violating the AECA, and have provided notice and an opportunity for Durrani to make a written submission to the Bureau of Industry and Security as provided in § 766.25 of the Regulations. Having received no submission from Durrani, I, following consultations with the Office of Export Enforcement, including its Director, have decided to deny Durrani’s export privileges under the Regulations for a period of ten years from the date of Durrani’s conviction. Accordingly, it is hereby Ordered: I. Until June 5, 2015, Arif Ali Durrani, Registration #09027–014, Victorville Medium I, Federal Correctional Institute, P.O. Box 5300, Adelanto, CA 92301, and when acting for or on behalf of Durrani, his representatives, assigns, agents, or employees, (collectively referred to hereinafter as the ‘‘Denied Person’’) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: 1 Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by the Notice of August 3, 2006 (71 FR 44551, August 7, 2006), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (‘‘IEEPA’’). 2 The Regulations are currently codified at 15 CFR parts 730–774 (2007). VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. II. No person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in section 766.203 of the Regulations, any other person, firm, corporation, or business organization related to ARIF Ali Durrani by affiliation, ownership, control, or PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 33447 position of responsibility in the conduct of trade or related services may also be made subject to the provisions or this Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until June 5, 2015. VI. In accordance with Part 756 of the Regulations, Durrani may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to Durrani. This Order shall be published in the Federal Register. Dated: June 9, 2007. Eileen M. Albanese, Director, Office of Exporter Services. [FR Doc. 07–2981 Filed 6–15–07; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Final Results of Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that Hilltop International (‘‘Hilltop’’) is the successor–in-interest to Yelin Enterprise Co. Hong Kong (‘‘Yelin’’). As a result, Hilltop should receive the same antidumping duty treatment with respect to certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’) as Yelin, as of the date of publication of this notice in the Federal Register. EFFECTIVE DATE: June 18, 2007. FOR FURTHER INFORMATION CONTACT: Erin Begnal or Scot Fullerton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–1442 or 202–482–1386, respectively. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\18JNN1.SGM 18JNN1 33448 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices jlentini on PROD1PC65 with NOTICES Background The antidumping duty order for certain frozen warmwater shrimp from the PRC was published on February 1, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People’s Republic of China, 70 FR 5149 (February 1, 2005) (‘‘PRC Shrimp Order’’). As part of the antidumping duty order on certain frozen warmwater shrimp from the PRC, Yelin received a separate rate of 82.27 percent. Id. at 70 FR at 5151. Moreover, as part of the preliminary results of the first administrative review, Yelin preliminarily received a separate rate of 0.00 percent. See Certain Frozen Warmwater Shrimp From the People’s Republic of China: Preliminary Results and Partial Rescission of the 2004/2006 Administrative Review and Preliminary Intent To Rescind 2004/2006 New Shipper Review, 72 FR 10645 (March 9, 2007). On March 16, 2007, Yelin filed a submission requesting that the Department conduct a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from the PRC to confirm that Hilltop is the successor– in-interest to Yelin.1 In its submission, Yelin provided information on the events leading to the transition from Yelin to Hilltop. Yelin also provided documentation relating to the change in name to Hilltop and documentation relating to the share transfer from Yelin, to its partners, to Hilltop, to carry on the business of Yelin. In addition, Yelin provided documentation relating to the ownership structure and management, organizational structure, customer base, accounting processes, supplier relationships, products, and pricing. As part of its March 16, 2007, submission, Yelin also requested that the Department conduct an expedited changed circumstances review. On May 2, 2007, the Department published the initiation and preliminary results of this changed circumstances review and preliminarily determined that Hilltop is the successor–in-interest to Yelin. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, 72 FR 24273 (May 2, 2007) (‘‘Preliminary Results’’). 1 See Letter from Yelin, to the Department, regarding Request for Expedited Changed Circumstances Determination, Certain Frozen and Canned Warmwater Shrimp from China (Case No. A-570-848) (March 16, 2007) (‘‘Yelin’s CCR Request’’). VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 As a result, the Department preliminarily determined that Hilltop should receive the same antidumping duty treatment with respect to certain frozen warmwater shrimp from the PRC as Yelin. In the Preliminary Results, we stated that interested parties could request a hearing or submit case briefs and/or written comments to the Department no later than 30 days after publication of the Preliminary Results notice in the Federal Register, and submit rebuttal briefs, limited to the issues raised in the case briefs, five days subsequent to the due date of the case briefs. See Preliminary Results, 72 FR at 24275. However, we did not receive any hearing requests or comments on the Preliminary Results. Scope of Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether 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. The frozen warmwater shrimp and prawn products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTS’’), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild– caught warmwater species include, but are not limited to, white–leg 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 2 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 investigation. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this investigation. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell–on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) Lee Kum Kee’s shrimp sauce; (7) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (8) certain dusted shrimp; and (9) certain battered shrimp. Dusted shrimp is a shrimp–based product: (1) That is produced from fresh (or thawed–from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non–shrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to individually quick frozen (‘‘IQF’’) freezing immediately after application of the dusting layer. Battered shrimp is a shrimp–based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par–fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive. Final Results of Changed Circumstances Review Based on the information provided by Hilltop/Yelin, and the fact that the Department did not receive any comments during the comment period following the preliminary results of this changed circumstances review, the E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices Department hereby determines that Hilltop is the successor–in-interest to Yelin for antidumping duty cash deposit purposes. Instructions to U.S. Customs and Border Protection The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all shipments of the subject merchandise produced and exported by Hilltop entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice and apply a cash deposit rate of 82.27 percent (i.e., Yelin’s cash deposit rate). See PRC Shrimp Order at 70 FR at 5151. This deposit rate shall remain in effect until publication of the final results of the ongoing 2004/2006 administrative review, in which Yelin is a participant. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.306 of the Department’s regulations. 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 sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Tariff Act of 1930, as amended, and section 351.216(e) of the Department’s regulations. Dated: June 11, 2007. Joseph A. Spetrini, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E7–11709 Filed 6–15–07; 8:45 am] BILLING CODE 3510–DS–S strategic planning, education and extension, science and technology programs, and other matters as described below: DATES: The announced meeting is scheduled for: Tuesday, June 26, 2007. ADDRESSES: Conference Call. Public access is denied however the call will occur at SSMC Bldg 3, Room #11716, 1315 East-West Highway, Silver Spring, MD. FOR FURTHER INFORMATION CONTACT: Mr. Joseph Brown, National Sea Grant College Program, National Oceanic and Atmospheric Administration, 1315 EastWest Highway, Room 11717, Silver Spring, Maryland 20910, (301)734– 1088. SUPPLEMENTARY INFORMATION: The Panel, which consists of a balanced representation from academia, industry, state government and citizens groups, was established in 1976 by Section 209 of the Sea Grant Improvement Act (Pub. L. 94–461, 33 U.S.C. 1128). The Panel advises the Secretary of Commerce and the Director of the National Sea Grant College Program with respect to operations under the Act, and such other matters as the Secretary refers to them for review and advice. The agenda for the meeting is as follows: Tuesday, June 26, 2007—2 to 3:30 p.m. Agenda I. New Jersey Sea Grant Special Review Team Update II. Review Logistics for Annual Fall Meeting This meeting is closed to the public based upon Sunshine Act, 5 U.S.C. 552b(c)(6). Dated: June 13, 2007. Terry Bevels, Deputy Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. E7–11696 Filed 6–15–07; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–KA–P National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE National Sea Grant Review Panel National Oceanic and Atmospheric Administration National Oceanic and Atmospheric Administration, Department of Commerce. ACTION: Notice of public meeting. jlentini on PROD1PC65 with NOTICES AGENCY: [Docket Number: 070327071–7070–01] Draft Revision of the NOAA Five-Year Research Plan SUMMARY: This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Review Panel. The meeting will have two main purposes. Panel members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of availability and request for public comment. AGENCY: SUMMARY: NOAA publishes this notice to announce the availability of the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 33449 revised draft NOAA 5-Year Research Plan for public comment. The Research Plan is revised to update it for 2007– 2011. DATES: Comments on this draft document must be submitted by 5 p.m. EDT on July 18, 2007. ADDRESSES: The draft NOAA 5-Year Research Plan will be available on the NOAA Research Council Web site at https://www.nrc.noaa.gov/plans.html. The public is encouraged to submit comments electronically to noaa.review.5year@noaa.gov. For individuals who do not have access to a computer, comments may be submitted in writing to: NOAA Research Council, c/o Mr. Derek Parks, Silver Spring Metro Center Bldg. 3, Room 11335, R/PPE, 1315 East-West Highway, Silver Spring, Maryland 20910. FOR FURTHER INFORMATION CONTACT: Mr. Derek Parks, Silver Spring Metro Center Bldg. 3, Room 11335, R/PPE, 1315 EastWest Highway, Silver Spring, Maryland 20910. (Phone: 301–734–1186, Fax: 301–713–0158, e-mail: Derek.Parks@noaa.gov), during normal business hours of 9 a.m. to 5 p.m. Eastern Time, Monday through Friday, or visit the NOAA Research Council Web site at: https://www.nrc.noaa.gov. SUPPLEMENTARY INFORMATION: NOAA is publishing this notice to announce the availability of the draft NOAA 5-Year Research Plan Draft for public comment. The NOAA Research Council is seeking public comment from all interested parties. The NOAA 5-Year Research Plan Draft is being issued for comment only and is not intended for interim use. Suggested changes will be incorporated where appropriate, and the final document will be posted on the NOAA Research Council Web site. The NOAA 5-Year Research Plan is being revised by the NOAA Research Council to update the original NOAA 5Year Research Plan, published in January 2005. The revisions reflect the evolution of NOAA’s research activities and priorities since the document’s original publication. The draft NOAA 5Year Research Plan is consistent with the NOAA Strategic Plan and the NOAA 20-Year Research Vision. The draft NOAA 5-Year Research Plan frames research in NOAA within the context of societal needs and by establishing overarching research questions encompassing critical environmental challenges facing the United States today and in the future. This plan explicitly states priority research areas for the short term and the milestones by which NOAA intends to measure progress within these areas. Significant changes in this revision of E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33447-33449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11709]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp from the People's Republic of 
China: Notice of Final Results of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that Hilltop International (``Hilltop'') is the successor-in-interest 
to Yelin Enterprise Co. Hong Kong (``Yelin''). As a result, Hilltop 
should receive the same antidumping duty treatment with respect to 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC'') as Yelin, as of the date of publication of this notice in the 
Federal Register.

EFFECTIVE DATE: June 18, 2007.

FOR FURTHER INFORMATION CONTACT: Erin Begnal or Scot Fullerton, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW, Washington, DC 20230; telephone: 202-482-1442 or 202-482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 33448]]

Background

    The antidumping duty order for certain frozen warmwater shrimp from 
the PRC was published on February 1, 2005. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the People's Republic of 
China, 70 FR 5149 (February 1, 2005) (``PRC Shrimp Order''). As part of 
the antidumping duty order on certain frozen warmwater shrimp from the 
PRC, Yelin received a separate rate of 82.27 percent. Id. at 70 FR at 
5151. Moreover, as part of the preliminary results of the first 
administrative review, Yelin preliminarily received a separate rate of 
0.00 percent. See Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
2004/2006 Administrative Review and Preliminary Intent To Rescind 2004/
2006 New Shipper Review, 72 FR 10645 (March 9, 2007).
    On March 16, 2007, Yelin filed a submission requesting that the 
Department conduct a changed circumstances review of the antidumping 
duty order on certain frozen warmwater shrimp from the PRC to confirm 
that Hilltop is the successor-in-interest to Yelin.\1\ In its 
submission, Yelin provided information on the events leading to the 
transition from Yelin to Hilltop. Yelin also provided documentation 
relating to the change in name to Hilltop and documentation relating to 
the share transfer from Yelin, to its partners, to Hilltop, to carry on 
the business of Yelin. In addition, Yelin provided documentation 
relating to the ownership structure and management, organizational 
structure, customer base, accounting processes, supplier relationships, 
products, and pricing. As part of its March 16, 2007, submission, Yelin 
also requested that the Department conduct an expedited changed 
circumstances review.
---------------------------------------------------------------------------

    \1\ See Letter from Yelin, to the Department, regarding Request 
for Expedited Changed Circumstances Determination, Certain Frozen 
and Canned Warmwater Shrimp from China (Case No. A-570-848) (March 
16, 2007) (``Yelin's CCR Request'').
---------------------------------------------------------------------------

    On May 2, 2007, the Department published the initiation and 
preliminary results of this changed circumstances review and 
preliminarily determined that Hilltop is the successor-in-interest to 
Yelin. See Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review, 72 FR 24273 (May 2, 2007) (``Preliminary 
Results''). As a result, the Department preliminarily determined that 
Hilltop should receive the same antidumping duty treatment with respect 
to certain frozen warmwater shrimp from the PRC as Yelin. In the 
Preliminary Results, we stated that interested parties could request a 
hearing or submit case briefs and/or written comments to the Department 
no later than 30 days after publication of the Preliminary Results 
notice in the Federal Register, and submit rebuttal briefs, limited to 
the issues raised in the case briefs, five days subsequent to the due 
date of the case briefs. See Preliminary Results, 72 FR at 24275. 
However, we did not receive any hearing requests or comments on the 
Preliminary Results.

Scope of Order

    The scope of this order includes certain frozen warmwater shrimp 
and prawns, whether 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 means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    The frozen warmwater shrimp and prawn products included in the 
scope of this investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTS''), are products 
which are processed from warmwater shrimp and prawns through freezing 
and which are sold in any count size.
    The products described above may be processed from any species of 
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally 
classified in, but are not limited to, the Penaeidae family. Some 
examples of the farmed and wild-caught warmwater species include, but 
are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn 
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river 
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), 
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp 
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern 
rough shrimp (Trachypenaeus curvirostris), southern white shrimp 
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white 
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus 
indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of this investigation. In addition, 
food preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are also included in the 
scope of this investigation.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
subheading 1605.20.10.20); (2) shrimp and prawns generally classified 
in the Pandalidae family and commonly referred to as coldwater shrimp, 
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned 
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (8) certain 
dusted shrimp; and (9) certain battered shrimp. Dusted shrimp is a 
shrimp-based product: (1) That is produced from fresh (or thawed-from-
frozen) and peeled shrimp; (2) to which a ``dusting'' layer of rice or 
wheat flour of at least 95 percent purity has been applied; (3) with 
the entire surface of the shrimp flesh thoroughly and evenly coated 
with the flour; (4) with the non-shrimp content of the end product 
constituting between four and 10 percent of the product's total weight 
after being dusted, but prior to being frozen; and (5) that is 
subjected to individually quick frozen (``IQF'') freezing immediately 
after application of the dusting layer. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of 
dusting above, is coated with a wet viscous layer containing egg and/or 
milk, and par-fried.
    The products covered by this investigation are currently classified 
under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of this investigation
    is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Hilltop/Yelin, and the fact 
that the Department did not receive any comments during the comment 
period following the preliminary results of this changed circumstances 
review, the

[[Page 33449]]

Department hereby determines that Hilltop is the successor-in-interest 
to Yelin for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Hilltop entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice and apply a cash deposit rate of 82.27 percent (i.e., Yelin's 
cash deposit rate). See PRC Shrimp Order at 70 FR at 5151. This deposit 
rate shall remain in effect until publication of the final results of 
the ongoing 2004/2006 administrative review, in which Yelin is a 
participant.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.306 of the Department's regulations. 
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 sanctionable 
violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Tariff Act of 1930, as amended, and section 351.216(e) of the 
Department's regulations.

    Dated: June 11, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E7-11709 Filed 6-15-07; 8:45 am]
BILLING CODE 3510-DS-S
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