Certain Frozen Warmwater Shrimp from the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review, 72668-72670 [E7-24851]

Download as PDF 72668 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices Asian Longhorn Beetle Project, 3920 N. Rockwell, Chicago, IL. NPA: Habilitative Systems, Inc., Chicago, IL. Contracting Activity: U.S. Department of Agriculture, Animal & Plant Health Inspection Service, Minneapolis, MN. Service Type/Location: Janitorial/ Custodial, Naval and Marine Corps Reserve Center, Eugene, OR. NPA: Unknown. Contracting Activity: Naval Facilities Engineering Command—Everett, Everett, WA Products Cup, Disposable NSN: 7350–00–761–7467—Cup, Disposable, 6 oz. NSN: 7350–00–914–5088—Cup, Disposable, 10 oz. NSN: 7350–00–914–5089—Cup, Disposable, 8 oz. Cup, Disposable (Foam Plastic) NSN: 7350–00–082–5741—Cup, Disposable (Foam Plastic), 8 oz. NSN: 7350–00–145–6126—Cup, Disposable (Foam Plastic), 16 oz. NSN: 7350–00–721–9003—Cup, Disposable (Foam Plastic), 6 oz. NSN: 7350–00–926–1661—Cup, Disposable (Foam Plastic), 10 oz. Kimberly M. Zeich, Service Type/Location: Director, Program Operations. [FR Doc. E7–24850 Filed 12–20–07; 8:45 am] Lid, Plastic (Foam Cup) BILLING CODE 6353–01–P NSN: 7350–01–485–7092—Lid, Plastic (Foam Cup), 6 oz. NSN: 7350–01–485–7093—Lid, Plastic (Foam Cup), 10 oz. NSN: 7350–01–485–7094—Lid, Plastic (Foam Cup), 8 oz. NSN: 7350–01–485–7889—Lid, Plastic (Foam Cup), 16 oz. NPA: The Oklahoma League for the Blind, Oklahoma City, OK. Contracting Activity: General Services Administration, Southwest Supply Center, Fort Worth, TX. Cup, Drinking, Styrofoam NSN: M.R. 537—Cup, Drinking, Styrofoam, 8 oz., 51 ct. NSN: M.R. 539—Cup, Drinking, Styrofoam, 16 oz., 18 ct. NPA: The Oklahoma League for the Blind, Oklahoma City, OK. Contracting Activity: Defense Commissary Agency (DeCA), Fort Lee, VA. Protector and Sleeve Transparencies NSN: 7510–01–483–9754— Transparency Protector, Flip-Frame with Pre-View. NSN: 7510–01–484–0016—Sleeve, Transparency. NSN: 7510–01–484–0019— Transparency Protector, Flip-Frame. mstockstill on PROD1PC66 with NOTICES Transparency, Ink Jet NSN: 7530–01–484–1753 . NPA: Industries of the Blind, Inc., Greensboro, NC. Contracting Activity: General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Services Service Type/Location: Janitorial/ Custodial, U.S. Department of Agriculture, Animal and Plant Health Inspection Service/PPQ, VerDate Aug<31>2005 18:37 Dec 20, 2007 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006–2007 Semiannual New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Julia Hancock, Nicole Bankhead, and Michael Holton, 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) 482–1394, (202) 482–9068, and (202) 482–1324, respectively. AGENCY: Background Frm 00004 Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the ‘‘Act’’), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. See also 19 CFR 351.214 (i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. See 19 CFR 351.214 (i)(2). Extension of Time Limit of Preliminary Results The Department determines that these new shipper reviews involve extraordinarily complicated methodological issues such as potential affiliation issues, the examination of importer information and the evaluation of the bona fide nature of each company’s sales. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for these preliminary results by 30 days, until no later than January 22, 2008.1 The final results continue to be due 90 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Dated: December 13, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–24854 Filed 12–20–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE On April 2, 2007, the Department of Commerce (‘‘the Department’’) published a notice of initiation of new shipper reviews of certain frozen fish fillets from the Socialist Republic of Vietnam (‘‘Vietnam’’) covering the period August 1, 2006, through January 31, 2007. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of New Shipper Reviews, 72 FR 15653 (April 2, 2007). On September 12, 2007, the Department extended the preliminary results of these new shipper reviews by ninety days. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006–2007 Semiannual New Shipper Reviews, 72 FR 52048 (September 12, PO 00000 2007). The preliminary results of these new shipper reviews are currently due no later than December 21, 2007. Fmt 4703 Sfmt 4703 International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: 1 Thirty days from the original deadline is January 20, 2008. However, Department practice dictates that where a deadline falls on a weekend or holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Act, 70 FR 24533 (May 10, 2005). E:\FR\FM\21DEN1.SGM 21DEN1 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices mstockstill on PROD1PC66 with NOTICES SUMMARY: The Department of Commerce (‘‘the Department’’) is currently conducting a semi-annual 2006 new shipper review of the antidumping duty order on certain frozen warmwater shrimp (‘‘shrimp’’) from the People’s Republic of China (‘‘PRC’’). We determine that Maoming Changxing Foods Co., Ltd. (‘‘Maoming Changxing’’) has failed to demonstrate its status as a separate entity entitled to a new shipper review. Therefore, we have determined that this new shipper review should be rescinded. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Cindy Lai Robinson, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, D.C., 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: 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, shellon or peeled, tail-on or tail-off, 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 Background warmwater species include, but are not limited to, white-leg shrimp (Penaeus The Department received a timely vannemei), banana prawn (Penaeus request from Maoming Changxing, in merguiensis), fleshy prawn (Penaeus accordance with 19 CFR 351.214(c), for chinensis), giant river prawn a new shipper review of the antidumping duty order on shrimp from (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted the PRC. On September 29, 2006, the shrimp (Penaeus brasiliensis), southern Department initiated an antidumping brown shrimp (Penaeus subtilis), duty new shipper review covering the southern pink shrimp (Penaeus period February 1, 2006, through July notialis), southern rough shrimp 31, 2006. See Certain Frozen (Trachypenaeus curvirostris), southern Warmwater Shrimp from the People’s white shrimp (Penaeus schmitti), blue Republic of China: Initiation of New shrimp (Penaeus stylirostris), western Shipper Review, 71 FR 57469 white shrimp (Penaeus occidentalis), (September 29, 2006) (‘‘Initiation and Indian white prawn (Penaeus Notice’’). indicus). On July 26, 2007, the Department Frozen shrimp and prawns that are preliminarily rescinded this new packed with marinade, spices or sauce shipper review because Maoming Changxing had failed to demonstrate its are included in the scope of this eligibility for a separate rate. See Certain investigation. In addition, food preparations, which are not ‘‘prepared Frozen Warmwater Shrimp from the People’s Republic of China: Preliminary meals,’’ that contain more than 20 Notice of Intent to Rescind Antidumping percent by weight of shrimp or prawn Duty New Shipper Review, 72 FR 41058 are also included in the scope of this investigation. (July 26, 2007). Excluded from the scope are: (1) On August 27, 2007, the Department Breaded shrimp and prawns ( HTS received case briefs from Maoming subheading 1605.20.10.20); (2) shrimp Changxing and the Ad Hoc Shrimp Trade Action Committee (‘‘Petitioners’’). and prawns generally classified in the The Department received rebuttal briefs Pandalidae family and commonly referred to as coldwater shrimp, in any on September 6, 2007, from the same state of processing; (3) fresh shrimp and parties. prawns whether shell-on or peeled (HTS On October 12, 2007, the Department subheadings 0306.23.00.20 and extended the time limits for the final 0306.23.00.40); (4) shrimp and prawns results of this new shipper review to in prepared meals (HTS subheading December 17, 2007. See Notice of 1605.20.05.10); (5) dried shrimp and Extension of the Final Results of Antidumping Duty New Shipper Review: prawns; (6) Lee Kum Kee’s shrimp Certain Frozen Warmwater Shrimp from sauce; (7) canned warmwater shrimp and prawns (HTS subheading the People’s Republic of China, 72 FR 1605.20.10.40); (8) certain dusted 58055 (October 12, 2007). VerDate Aug<31>2005 18:37 Dec 20, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 72669 shrimp;1 and (9) certain battered shrimp.2 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. Period of Review The period of review (‘‘POR’’) is February 1, 2006, through July 31, 2006. Analysis of Comments Received All issues raised in the briefs are addressed in the Memorandum to the Assistant Secretary: Issues and Decision Memorandum for the Final Rescission in the Antidumping Duty New Shipper Review of Certain Frozen Warmwater Shrimp from the People’s Republic of China, dated October 17, 2007 (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues raised, all of which are in the Issues and Decision Memorandum, is attached to this notice as Appendix I. Parties can find a complete discussion of all issues raised in the briefs and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit (CRU), room B–099 of the Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/ . The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Final Rescission of Review As discussed in the Issues and Decision Memorandum at Comment 1, the Department has determined that Maoming Changxing does not meet the 1 Dusted shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-fromfrozen) 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. 2 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. E:\FR\FM\21DEN1.SGM 21DEN1 72670 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices requirements for establishing its qualification for a new shipper review under section 351.214(a) of the Department’s regulations because it did not provide the Department with complete, accurate, reliable, and verifiable information regarding its ownership and affiliation. Because the Department was unable to determine the party’s affiliations and Maoming Changxing failed to demonstrate that it is separate from any entity which shipped during the original period of investigation, Maoming Changxing is considered part of the PRC-wide entity. Accordingly, we are rescinding this new shipper review. See, e.g., Freshwater Crawfish Tail Meat From the People’s Republic’s of China: Rescission of New Shipper Reviews, 72 FR 26782 (May 11, 2007); see also Brake Rotors from the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). As the Department is rescinding this new shipper review, we are not calculating a company-specific rate for Maoming Changxing, and Maoming Changxing will remain part of the PRCwide entity. could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and in the subsequent assessment of double antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. This new shipper review and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(f)(3). Dated: December 17, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Comment 1: Whether to Rescind the Review Comment 2: The Margin Assigned to Maoming Changxing [FR Doc. E7–24851 Filed 12–20–07; 8:45 am] BILLING CODE 3510–DS–S Changes Since the Preliminary Results We have made no changes to our preliminary decision to rescind the new shipper review of Maoming Changxing. DEPARTMENT OF COMMERCE Assessment of Antidumping Duties [A–570–886] A cash deposit of 112.81 percent ad valorem shall be collected for any entries produced or exported by Maoming Changxing. The Department will issue appropriate assessment instructions directly to CBP after 15 days from the publication of this notice.3 Polyethylene Retail Carrier Bags from the People’s Republic of China: Notice of Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review mstockstill on PROD1PC66 with NOTICES This notice serves as the 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 review period. Failure to comply with this requirement 3 Note that the Department published the final rescission of the administrative review for certain frozen warmwater shrimp from the PRC covering the period February 1, 2006, through January 21, 2007. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Rescission of the Second Administrative Review, 72 FR 61858 (November 1, 2007). Maoming Changxing is hereby considered part of the PRC-wide entity. The Department will issue liquidation instructions for the PRC-wide entity, which includes Maoming Changxing, 15 days after the publication of this notice. 18:37 Dec 20, 2007 Jkt 214001 Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–5831. AGENCY: Notification to Interested Parties VerDate Aug<31>2005 International Trade Administration SUPPLEMENTARY INFORMATION: Background On September 29, 2006, the Department of Commerce (‘‘Department’’) published a notice of initiation of administrative review of the antidumping duty order on polyethylene retail carrier bags from the People’s Republic of China (‘‘PRC’’). See Initiation of Antidumping and PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29, 2006). On September 10, 2007, the Department published the preliminary results. See Polyethylene Retail Carrier Bags from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review, 72 FR 51588 (September 10, 2007). This review covers the period August 1, 2005, through July 31, 2006. The final results are currently due by January 8, 2008. Extension of Time Limit for Final Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results were published. The Act further provides, however, that the Department may extend that 120day period to 180 days after publication of the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results of the administrative review of polyethylene retail carrier bags from the PRC within the 120-day period due to complex issues the parties have raised regarding the factors of production allocation methodology of Rally Plastics Co., Ltd., a mandatory respondent in this administrative review. In accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for completion of the final results of this review by 60 days to 180 days after the date on which the preliminary results were published. Therefore, the final results are now due no later than March 8, 2008. However, as that date falls on a Saturday, the final results will be due no later than the next business day, Monday, March 10, 2008. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act and 19 CFR 351.213(h)(2). Dated: November 29, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–24852 Filed 12–20–07; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72668-72670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24851]


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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 Rescission of Antidumping Duty New Shipper Review

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

[[Page 72669]]

SUMMARY: The Department of Commerce (``the Department'') is currently 
conducting a semi-annual 2006 new shipper review of the antidumping 
duty order on certain frozen warmwater shrimp (``shrimp'') from the 
People's Republic of China (``PRC''). We determine that Maoming 
Changxing Foods Co., Ltd. (``Maoming Changxing'') has failed to 
demonstrate its status as a separate entity entitled to a new shipper 
review. Therefore, we have determined that this new shipper review 
should be rescinded.

EFFECTIVE DATE: December 21, 2007.

FOR FURTHER INFORMATION CONTACT: Cindy Lai Robinson, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW, 
Washington, D.C., 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request from Maoming Changxing, in 
accordance with 19 CFR 351.214(c), for a new shipper review of the 
antidumping duty order on shrimp from the PRC. On September 29, 2006, 
the Department initiated an antidumping duty new shipper review 
covering the period February 1, 2006, through July 31, 2006. See 
Certain Frozen Warmwater Shrimp from the People's Republic of China: 
Initiation of New Shipper Review, 71 FR 57469 (September 29, 2006) 
(``Initiation Notice'').
    On July 26, 2007, the Department preliminarily rescinded this new 
shipper review because Maoming Changxing had failed to demonstrate its 
eligibility for a separate rate. See Certain Frozen Warmwater Shrimp 
from the People's Republic of China: Preliminary Notice of Intent to 
Rescind Antidumping Duty New Shipper Review, 72 FR 41058 (July 26, 
2007).
    On August 27, 2007, the Department received case briefs from 
Maoming Changxing and the Ad Hoc Shrimp Trade Action Committee 
(``Petitioners''). The Department received rebuttal briefs on September 
6, 2007, from the same parties.
    On October 12, 2007, the Department extended the time limits for 
the final results of this new shipper review to December 17, 2007. See 
Notice of Extension of the Final Results of Antidumping Duty New 
Shipper Review: Certain Frozen Warmwater Shrimp from the People's 
Republic of China, 72 FR 58055 (October 12, 2007).

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, 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 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;\1\ and (9) certain battered shrimp.\2\
---------------------------------------------------------------------------

    \1\ 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.
    \2\ 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.

Period of Review

    The period of review (``POR'') is February 1, 2006, through July 
31, 2006.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the Memorandum to 
the Assistant Secretary: Issues and Decision Memorandum for the Final 
Rescission in the Antidumping Duty New Shipper Review of Certain Frozen 
Warmwater Shrimp from the People's Republic of China, dated October 17, 
2007 (``Issues and Decision Memorandum''), which is hereby adopted by 
this notice. A list of the issues raised, all of which are in the 
Issues and Decision Memorandum, is attached to this notice as Appendix 
I. Parties can find a complete discussion of all issues raised in the 
briefs and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit (CRU), room B-099 of the 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://www.trade.gov/ia/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Rescission of Review

    As discussed in the Issues and Decision Memorandum at Comment 1, 
the Department has determined that Maoming Changxing does not meet the

[[Page 72670]]

requirements for establishing its qualification for a new shipper 
review under section 351.214(a) of the Department's regulations because 
it did not provide the Department with complete, accurate, reliable, 
and verifiable information regarding its ownership and affiliation. 
Because the Department was unable to determine the party's affiliations 
and Maoming Changxing failed to demonstrate that it is separate from 
any entity which shipped during the original period of investigation, 
Maoming Changxing is considered part of the PRC-wide entity. 
Accordingly, we are rescinding this new shipper review. See, e.g., 
Freshwater Crawfish Tail Meat From the People's Republic's of China: 
Rescission of New Shipper Reviews, 72 FR 26782 (May 11, 2007); see also 
Brake Rotors from the People's Republic of China: Rescission of Second 
New Shipper Review and Final Results and Partial Rescission of First 
Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 
1999). As the Department is rescinding this new shipper review, we are 
not calculating a company-specific rate for Maoming Changxing, and 
Maoming Changxing will remain part of the PRC-wide entity.

Changes Since the Preliminary Results

    We have made no changes to our preliminary decision to rescind the 
new shipper review of Maoming Changxing.

Assessment of Antidumping Duties

    A cash deposit of 112.81 percent ad valorem shall be collected for 
any entries produced or exported by Maoming Changxing. The Department 
will issue appropriate assessment instructions directly to CBP after 15 
days from the publication of this notice.\3\
---------------------------------------------------------------------------

    \3\ Note that the Department published the final rescission of 
the administrative review for certain frozen warmwater shrimp from 
the PRC covering the period February 1, 2006, through January 21, 
2007. See Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Rescission of the Second Administrative Review, 72 FR 
61858 (November 1, 2007). Maoming Changxing is hereby considered 
part of the PRC-wide entity. The Department will issue liquidation 
instructions for the PRC-wide entity, which includes Maoming 
Changxing, 15 days after the publication of this notice.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as the 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 review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This new shipper review and this notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.214(f)(3).

    Dated: December 17, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether to Rescind the Review
Comment 2: The Margin Assigned to Maoming Changxing
[FR Doc. E7-24851 Filed 12-20-07; 8:45 am]
BILLING CODE 3510-DS-S