Certain Frozen Warmwater Shrimp from Thailand: Initiation of Antidumping Duty Changed Circumstances Review, 12308-12310 [E9-6438]
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
§§ 10(a)1 and 10(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information, call Yvette
Springer at (202) 482–2813.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Emerging Technology and Research
Advisory Committee; Notice of
Partially Closed Meeting
The Emerging Technology and
Research Advisory Committee (ETRAC)
will meet on April 6, 2009, 1:45 p.m.,
Room 4830, in the Herbert C. Hoover
Building, 14th Street between
Pennsylvania and Constitution
Avenues, NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration on emerging technology
and research activities, including those
related to deemed exports.
Agenda
Open Session
1. Licensing History for Deemed
Exports.
2. Discussion of Methodology Models/
Next Steps.
3. Public Comments.
mstockstill on PROD1PC66 with NOTICES
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
March 30, 2009.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via e-mail.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on March 16, 2009,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 §§ (10)(d)), that the portion
of the meeting dealing with matters the
disclosure of which would be likely to
frustrate significantly implementation of
an agency action as described in 5
U.S.C. 552b(c)(9)(B) shall be exempt
from the provisions relating to public
meetings found in 5 U.S.C. app. 2
VerDate Nov<24>2008
01:06 Mar 24, 2009
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Dated: March 17, 2009.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E9–6345 Filed 3–23–09; 8:45 am]
descriptions in the Final CCR are
correct.
This correction to the Final CCR is
issued and published in accordance
with sections 751(b), (d) and 782(h) of
the Tariff Act of 1930, as amended, and
19 CFR 351.216(e) and 351.222(g).
BILLING CODE 3510–JT–P
Dated: March 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–6338 Filed 3–23–09; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–S
International Trade Administration
A–570–890
DEPARTMENT OF COMMERCE
Notice of Correction to the Final
Results of Changed Circumstances
Review and Determination to Revoke
Order in Part: Wooden Bedroom
Furniture from the People’s Republic
of China
International Trade Administration
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Correction to final results of
changed circumstances review and
determination to revoke order in part.
EFFECTIVE DATE:
February 25, 2009.
Paul
Stolz or Robert Bolling, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone: (202) 482–4474 and (202)
482–3434, respectively.
FOR FURTHER INFORMATION CONTACT:
BACKGROUND:
On February 25, 2009, the Department
of Commerce (the Department)
published in the Federal Register the
final results of changed circumstances
review and determination to revoke
order in part of wooden bedroom
furniture from the People’s Republic of
China (PRC). See Wooden Bedroom
Furniture from the People’s Republic of
China: Final Results of Changed
Circumstances Review and
Determination to Revoke Order in Part,
74 FR 8506 (February 25, 2009) (‘‘Final
CCR’’). The Department has discovered
that the dimensions are incorrectly
listed for item (2) of the exclusion as
identified in the ‘‘Scope of Changed
Circumstances Review’’ of the Final
CCR.
We are correcting the Final CCR to
identify the appropriate dimensions to
item (2) of the scope as follows: (2) have
dimensions within 16 inches to 27
inches in height, 15 inches to 18 inches
in depth, and 21 inches to 30 inches in
width. The remaining scope
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[A–549–822]
Certain Frozen Warmwater Shrimp
from Thailand: Initiation of
Antidumping Duty Changed
Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 24, 2009.
SUMMARY: In February 2009, the
Department of Commerce (the
Department) received from several
producers/exporters of frozen
warmwater shrimp from Thailand a
request to initiate a changed
circumstances review to consider
partially revoking the order with respect
to two companies, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.216(b) and 351.222. In response to
this request, the Department is initiating
a changed circumstances review.
FOR FURTHER INFORMATION CONTACT:
Henry Almond, 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)
482–0049.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department
published in the Federal Register an
antidumping duty order on certain
frozen warmwater shrimp from
Thailand. See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp From Thailand, 70 FR 5145
(Feb. 1, 2005) (Thai Shrimp Order).
On January 30, 2009, the Department
implemented its determination
regarding the offsetting of dumped sales
with non-dumped sales in the
E:\FR\FM\24MRN1.SGM
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
antidumping duty investigation of
certain frozen warmwater shrimp from
Thailand, challenged by Thailand before
the World Trade Organization. See
Implementation of the Findings of the
WTO Panel in United States—
Antidumping Measure on Shrimp From
Thailand: Notice of Determination
Under Section 129 of the Uruguay
Round Agreements Act and Partial
Revocation of the Antidumping Duty
Order on Frozen Warmwater Shrimp
From Thailand, 74 FR 5638 (Jan. 30,
2009) (Section 129 Implementation). As
a result, the Department revoked the
following nine companies, collectively
known as the ‘‘Rubicon Group,’’ from
the Thai Shrimp Order: Andaman
Seafood Co., Ltd., Chanthaburi Frozen
Food Co., Ltd., Chanthaburi Seafoods
Co., Ltd., Intersia Foods Co., Ltd.,
Phatthana Seafood Co., Ltd., S.C.C.
Frozen Seafood Co., Ltd., Thailand
Fishery Cold Storage Public Co., Ltd.,
Thai International Seafoods Co., Ltd.,
and Wales & Co. Universe Limited. See
Section 129 Implementation, 74 FR at
5639.
On February 5, 2009, the Rubicon
Group requested that the Department
conduct an expedited changed
circumstances review under 19 CFR
351.221(c)(3)(iii) to consider also
revoking from the Thai Shrimp Order
two additional companies (Phatthana
Frozen Food Co., Ltd. (PFF) and Sea
Wealth Frozen Food Co., Ltd. (Sea
Wealth)), both of which became
operational after the less-than-fair-value
(LTFV) investigation. According to the
Rubicon Group, although these two
companies were not included in the
Department’s margin calculations in the
LTFV investigation, the Department has
treated them as part of the Rubicon
Group in subsequent segments of this
proceeding. In this request, the Rubicon
Group additionally contended that any
revocation for PFF and Sea Wealth
should be effective January 16, 2009, the
effective date of the Section 129
Implementation.
On February 12, 2009, we requested
that the Rubicon Group clarify its
request to identify the relevant statutory
provision under which its request fell.
On February 13, 2009, the Rubicon
Group clarified its changed
circumstances review request stating
that it would be appropriate for the
Department to evaluate its request using
either a ‘‘collapsing’’ analysis under 19
CFR 351.401(a) or the Department’s
‘‘successor-in-interest’’ analysis.
On February 18, 2009, we requested
further information from the Rubicon
Group with respect to the following four
factors: Management; production
facilities; supplier relationships; and
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01:06 Mar 24, 2009
Jkt 217001
customer base. On March 13, 2009, the
Rubicon Group submitted the requested
information.
Scope of the 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,1
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 order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), 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, whiteleg 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 order.
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 order.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTSUS
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
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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12309
prawns; (6) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); (7) certain dusted
shrimp; and (8) 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 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 order
are currently classified under the
following HTSUS 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
HTSUS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
this order is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstances review upon
receipt of information concerning, or a
request from an interested party for a
review of, an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. In accordance with 19 CFR
351.216(d), the Department finds there
is sufficient information to warrant
initiating a changed circumstances
review. Therefore, pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed
circumstances review to determine
whether PFF and Sea Wealth should be
revoked from the
Thai Shrimp Order
Although the Rubicon Group has
submitted documentation regarding the
corporate structure of the Rubicon
Group and its constituent companies,
we require additional time to analyze
these submissions. Accordingly, it
would be inappropriate for the
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
Department to expedite this action by
combining the preliminary results of
review with this notice of initiation, as
permitted under 19 CFR
351.221(c)(3)(ii). As a result, the
Department is not issuing preliminary
results for this changed circumstances
review at this time.
The Department will publish in the
Federal Register a notice of preliminary
results of changed circumstances review
in accordance with 19 CFR
351.221(b)(4) and 351.221(c)(3)(i),
which will set forth the Department’s
preliminary factual and legal
conclusions. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results. The Department
will issue its final results of review in
accordance with the time limits set forth
in 19 CFR 351.216(e).
This notice is in accordance with
section 751(b)(1) of the Act.
Dated: March 18, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–6438 Filed 3–23–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904 NAFTA Panel
Reviews; Request for Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
ACTION: Notice of First Request for Panel
Review.
SUMMARY: On March 11, 2009,
ThyssenKrupp Mexinox S.A. de C.V.
and Mexinox USA, Inc. (collectively
‘‘Mexinox’’), filed a First Request for
Panel Review with the United States
Section of the NAFTA Secretariat
pursuant to Article 1904 of the North
American Free Trade Agreement. Panel
Review was requested of the Final
Results of the 2006–2007 Antidumping
Duty Administrative Review, made by
the International Trade Administration,
respecting Stainless Steel Sheet and
Strip in Coils from Mexico. This
determination was published in the
Federal Register (74 FR 6365), on
February 9, 2009. The NAFTA
Secretariat has assigned Case Number
USA–MEX–2009–1904–02 to this
request.
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01:06 Mar 24, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT:
Valerie Dees, United States Secretary,
NAFTA Secretariat, Suite 2061, 14th
and Constitution Avenue, NW.,
Washington, DC 20230, (202) 482–5438.
Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) established a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada, and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686).
A first Request for Panel Review was
filed with the United States Section of
the NAFTA Secretariat, pursuant to
Article 1904 of the Agreement, on
March 11, 2009, requesting a panel
review of the determination and order
described above.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is April 10, 2009);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
April 27, 2009); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
investigating authority, that are set out
in the Complaints filed in panel review
and the procedural and substantive
defenses raised in the panel review.
Dated: March 19, 2009.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. E9–6454 Filed 3–23–09; 8:45 am]
BILLING CODE 3510–GT–P
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation
in Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has received requests
to conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with February
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
The Department also received requests
to revoke one antidumping duty and
one countervailing duty order in part.
DATES: Effective Date: March 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b)(2004), for administrative
reviews of various antidumping and
countervailing duty orders and findings
with February anniversary dates. With
respect to the antidumping duty orders
on Frozen Warmwater Shrimp from
Brazil, India, Thailand, the People’s
Republic of China and the Socialist
Republic of Vietnam, the initiation of
the antidumping duty administrative
review for these cases will be published
in a separate initiation notice. The
Department also received timely
requests to revoke in part the
antidumping duty order on Stainless
Steel Bars from India with respect to
one exporter and the countervailing
duty order on Certain Cut-to-Length
Carbon Quality Steel Plate from the
Republic of Korea with respect to one
exporter.
Notice of No Sales
Under 19 CFR 351.213(d)(3), the
Department may rescind a review where
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]]>Agencies
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12308-12310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6438]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp from Thailand: Initiation of
Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 24, 2009.
SUMMARY: In February 2009, the Department of Commerce (the Department)
received from several producers/exporters of frozen warmwater shrimp
from Thailand a request to initiate a changed circumstances review to
consider partially revoking the order with respect to two companies,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(b) and 351.222. In response to this
request, the Department is initiating a changed circumstances review.
FOR FURTHER INFORMATION CONTACT: Henry Almond, 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) 482-0049.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published in the Federal
Register an antidumping duty order on certain frozen warmwater shrimp
from Thailand. See Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp From Thailand, 70 FR 5145 (Feb. 1, 2005) (Thai Shrimp
Order).
On January 30, 2009, the Department implemented its determination
regarding the offsetting of dumped sales with non-dumped sales in the
[[Page 12309]]
antidumping duty investigation of certain frozen warmwater shrimp from
Thailand, challenged by Thailand before the World Trade Organization.
See Implementation of the Findings of the WTO Panel in United States--
Antidumping Measure on Shrimp From Thailand: Notice of Determination
Under Section 129 of the Uruguay Round Agreements Act and Partial
Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp
From Thailand, 74 FR 5638 (Jan. 30, 2009) (Section 129 Implementation).
As a result, the Department revoked the following nine companies,
collectively known as the ``Rubicon Group,'' from the Thai Shrimp
Order: Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd.,
Chanthaburi Seafoods Co., Ltd., Intersia Foods Co., Ltd., Phatthana
Seafood Co., Ltd., S.C.C. Frozen Seafood Co., Ltd., Thailand Fishery
Cold Storage Public Co., Ltd., Thai International Seafoods Co., Ltd.,
and Wales & Co. Universe Limited. See Section 129 Implementation, 74 FR
at 5639.
On February 5, 2009, the Rubicon Group requested that the
Department conduct an expedited changed circumstances review under 19
CFR 351.221(c)(3)(iii) to consider also revoking from the Thai Shrimp
Order two additional companies (Phatthana Frozen Food Co., Ltd. (PFF)
and Sea Wealth Frozen Food Co., Ltd. (Sea Wealth)), both of which
became operational after the less-than-fair-value (LTFV) investigation.
According to the Rubicon Group, although these two companies were not
included in the Department's margin calculations in the LTFV
investigation, the Department has treated them as part of the Rubicon
Group in subsequent segments of this proceeding. In this request, the
Rubicon Group additionally contended that any revocation for PFF and
Sea Wealth should be effective January 16, 2009, the effective date of
the Section 129 Implementation.
On February 12, 2009, we requested that the Rubicon Group clarify
its request to identify the relevant statutory provision under which
its request fell. On February 13, 2009, the Rubicon Group clarified its
changed circumstances review request stating that it would be
appropriate for the Department to evaluate its request using either a
``collapsing'' analysis under 19 CFR 351.401(a) or the Department's
``successor-in-interest'' analysis.
On February 18, 2009, we requested further information from the
Rubicon Group with respect to the following four factors: Management;
production facilities; supplier relationships; and customer base. On
March 13, 2009, the Rubicon Group submitted the requested information.
Scope of the 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,\1\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\1\ ``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 order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), 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, whiteleg 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 order. 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 order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTSUS
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10);
(5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8)
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 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 order are currently classified under
the following HTSUS 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 HTSUS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this order is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, an
antidumping duty order which shows changed circumstances sufficient to
warrant a review of the order. In accordance with 19 CFR 351.216(d),
the Department finds there is sufficient information to warrant
initiating a changed circumstances review. Therefore, pursuant to
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a
changed circumstances review to determine whether PFF and Sea Wealth
should be revoked from the
Thai Shrimp Order
Although the Rubicon Group has submitted documentation regarding
the corporate structure of the Rubicon Group and its constituent
companies, we require additional time to analyze these submissions.
Accordingly, it would be inappropriate for the
[[Page 12310]]
Department to expedite this action by combining the preliminary results
of review with this notice of initiation, as permitted under 19 CFR
351.221(c)(3)(ii). As a result, the Department is not issuing
preliminary results for this changed circumstances review at this time.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances review in accordance with
19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the
Department's preliminary factual and legal conclusions. Pursuant to 19
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results. The Department will issue its final
results of review in accordance with the time limits set forth in 19
CFR 351.216(e).
This notice is in accordance with section 751(b)(1) of the Act.
Dated: March 18, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-6438 Filed 3-23-09; 8:45 am]
BILLING CODE 3510-DS-P
