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