Certain Frozen Warmwater Shrimp from Brazil; Partial Rescission of Antidumping Duty Administrative Review, 48616 [E7-16807]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Page 48616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16807]



[[Page 48616]]

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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-838)


Certain Frozen Warmwater Shrimp from Brazil; Partial Rescission 
of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: August 24, 2007.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Katherine Johnson, 
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-
4007 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2007, the Department of Commerce (the Department) 
published in the Federal Register a notice of opportunity to request an 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil for the period February 1, 2006, through 
January 31, 2007. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 72 FR 5007 (February 2, 2007). On February 28, 
2007, the petitioner\1\ and the Louisiana Shrimp Association (LSA), a 
domestic interested party, requested an administrative review for 
numerous Brazilian exporters of subject merchandise in accordance with 
19 CFR 351.213(b)(2)(1).
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    \1\ The petitioner in this proceeding is the Ad Hoc Shrimp Trade 
Action Committee.
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    On March 16, 2007, in accordance with 19 CFR 351.213(d)(1), the 
petitioner withdrew its request for administrative review for SM 
Pescados Industria Comercio E Exportacao Ltda. and Valenca da Bahia 
Maricultura SA.
    On April 6, 2007, the Department initiated an administrative review 
for 40 companies and requested that each provide data on the quantity 
and value (Q&V) of its exports of subject merchandise to the United 
States during the period of review (POR). These companies are listed in 
the Department's notice of initiation. See Notice of Initiation of 
Administrative Reviews of the Antidumping Duty Orders on Certain Frozen 
Warmwater Shrimp from Brazil, Ecuador, India and Thailand, 72 FR 17100 
(April 6, 2007). The Department was unable to locate three of these 
producers/exporters due to incorrect and/or incomplete addresses.
    Between April and July 2007 the Department received Q&V 
questionnaire responses from certain producers/exporters that indicated 
that they had no shipments of subject merchandise to the United States 
during the POR.
    On July 5, 2006, in accordance with 19 CFR 351.213(d)(1), the 
petitioner withdrew its request for review for Empaf - Empresa de 
Armazenagem Firgorifica Ltda. and Maricultura Netuno SA.\2\ Also on 
July 5, 2007, the LSA withdrew its requests for review for Netuno 
Alimentos SA (formerly known as Empaf - Empresa de Armazenagem 
Frigorifica Ltda.), SM Pescados Industria Comercio e Exportacao Ltda., 
and Valenca da Bahia Maricultura SA.
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    \2\ In the original investigation, the Department found that 
Empresa de Armazenagem Frigorifica Ltda. and Maricultura Netuno S.A. 
comprised a single entity. (The company name ``Empaf - Empresa de 
Armazenagem Frigorifica Ltda'' is a variation of the name Empresa de 
Armazenagem Frigorifica Ltda.) See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Certain Frozen and Canned Warmwater Shrimp from 
Brazil, 69 FR 47081, 47084 (August 4, 2004) (unchanged in final 
determination).
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Partial Rescission of Review

    On March 16, 2007, and July 5, 2007, the requests for 
administrative review were withdrawn for three companies, in accordance 
with 19 CFR 351.213(d)(1). These companies are: 1) Netuno Alimentos SA 
(formerly known as Empaf - Empresa de Armazenagem Frigorifica Ltda.); 
2) SM Pescados Industria Comercio e Exportacao Ltda.; and 3) Valenca da 
Bahia Maricultura SA. Section 351.213(d)(1) of the Department's 
regulations requires that the Secretary rescind an administrative 
review if a party requesting a review withdraws the request within 90 
days of the date of publication of the notice of initiation. Therefore, 
because all requests for administrative reviews were timely withdrawn 
for the companies listed above, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this review with regard to these 
companies.
    In addition, in accordance with 19 CFR 351.213(d)(3), we are 
rescinding the review with respect to the following 16 companies 
because these companies submitted Q&V responses stating that they had 
no shipments of subject merchandise during the POR: 1) Artico S.A.; 2) 
Bramex Brasil Mercantil Ltda.; 3) Camanor Produtos Marinhos Ltda.; 4) 
Compex - Industria E Comercio de Pesca E Exportacao Ltda.; 5) Leardini 
Pescados Ltda.; 6) Lusomar Maricultura Ltda.; 7) MM Monteiro Pesca E 
Exportacao Ltda.; 8) Maricultura Rio Grandense Ltda.; 9) Maricultura 
Tropical Ltda.; 10) Mucuripe Pesca Ltda.; 11) Natal Pesca; 12) Norte 
Pesca S/A; 13) Potiguar Alimentos do Mar Ltda.; 14) Potipora 
Aquacultura Ltda.; 15) Sohagro Marina do Nordeste S.A.; and 16) 
Torquato Pontes Pescados S.A. We reviewed U.S. Customs and Border 
Protection data and confirmed that there were no entries of subject 
merchandise from any of these companies. See the Memorandum to The File 
from Kate Johnson entitled, ``Department Intent to Rescind Reviews in 
Part,'' dated July 19, 2007 (Intent to Rescind Memo). No party 
commented on our Intent to Rescind Memo. Consequently, in accordance 
with 19 CFR 351.213(d)(3) and consistent with our practice, we are 
rescinding our review with respect to the companies listed above. See 
e.g., Certain Steel Concrete Reinforcing Bars from Turkey; Final 
Results and Rescission of Antidumping Duty Administrative Review in 
Part, 71 FR 65082, 65083 (November 7, 2006) (Rebar from Turkey).
    Further, the Department was unable to locate accurate addresses for 
the following companies, and thus was unable to serve them with any 
information requests in this case: 1) Cina Cia Nordeste de Aquicultura 
Alimentacao; 2) Guy Vautrin Importacao & Exportacao; and, 3) Marine 
Maricultura do Nordeste SA. See the Intent to Rescind Memo. Therefore, 
in accordance with our practice, we are also rescinding our review with 
respect to these companies. See Rebar from Turkey, 71 FR at 65083.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: August 17, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-16807 Filed 8-23-07; 8:45 am]
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