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