Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Changed Circumstances Review, 17156-17158 [E9-7436]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17156-17158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7436]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Initiation of Changed Circumstances Review

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

SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam'').

DATES: Effective Date: April 14, 2009.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Jerry Huang, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230; telephone: 202-482-1386 or 202-482-4047, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order for certain frozen warmwater shrimp from 
Vietnam was published on February 1, 2005. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam, 70 FR 5152 (February 1, 2005) (``Order''). As part of the 
Order, Can Tho Agricultural and Animal Products Import Export Company 
(``CATACO''), received an antidumping duty cash deposit rate of 4.57 
percent. Id. In the first administrative review, the Department 
initiated a review on CATACO. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Deferral of 
Administrative Reviews, 71 FR 17077 (April 5, 2006). However, the 
review of CATACO was subsequently rescinded. See Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Partial 
Rescission of the First Administrative Review, 71 FR 42628, 42629 (July 
27, 2006). As part of the final results of the second administrative 
review, in which CATACO was reviewed, the company received an 
antidumping duty cash deposit rate of 4.57 percent. See Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
73 FR 52273, 52275-52276 (September 9, 2008).
    On March 13, 2009, CATACO filed a submission requesting that the 
Department conduct a changed circumstances review of the antidumping 
duty order on certain frozen warmwater shrimp from Vietnam and 
requesting that the Department find that Can Tho Import Export Fishery 
Limited Company (``CAFISH'') is the successor-in-interest to CATACO's 
shrimp processing operations. See CATACO's submission to the Department 
regarding Certain Frozen Warmwater Shrimp from Vietnam: Request for 
Changed Circumstances Review, (Case No. A-552-802) (March 13, 2009).
    In its submission, CATACO provided information regarding the events 
leading to the spin-off of its shrimp processing operations as CAFISH. 
Additionally, CATACO provided documentation relating to its change in 
corporate structure from a state owned enterprise to a separate joint 
stock company, Cantho Import-Export Seafood Joint Stock Company 
(``CASEAMEX''), which was later again spun off into CAFISH. In 
addition, CATACO provided documentation comparing CAFISH's current 
management, facility and equipment, supplier relationships, and 
customer base to that of the original CATACO. As part of its 
submission, CATACO requested that the Department conduct an expedited 
review.

[[Page 17157]]

Scope of the Order

    The scope of the 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 the 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 the 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 the order.
    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) canned warmwater shrimp and prawns (HTS 
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 the 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 the order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``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. The 
Department has determined that the information submitted by CATACO 
demonstrates changed circumstances sufficient to warrant a review. See 
19 CFR 351.216(d). Additionally, section 751(b)(4) of the Act states 
that the Department shall not conduct a review less than 24 months 
after the date of publication of the less-than-fair-value 
determination, in the absence of good cause. As noted above, CATACO 
filed its request for a changed circumstances review more than 24 
months after the publication of the Order.
    In accordance with the above-referenced regulations, the Department 
is initiating a changed circumstances review to determine whether 
CAFISH is the successor-in-interest to CATACO. In determining whether 
one company is the successor to another for purposes of applying the 
antidumping duty law, the Department examines a number of factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See, e.g., Certain Cut-to-Length Carbon Steel Plate from Romania: 
Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, 70 FR 22847 (May 3, 2005). While no one or 
several of these factors will necessarily provide a dispositive 
indication of succession, the Department will generally consider one 
company to be a successor to another company if its resulting operation 
is similar to that of its predecessor. See Notice of Initiation of 
Antidumping Duty Changed Circumstances Review: Certain Forged Stainless 
Steel Flanges from India, 71 FR 327 (January 4, 2006). Thus, if the 
evidence demonstrates that, with respect to the production and sale of 
the subject merchandise, the new company operates as the same business 
entity as the prior company, the Department will assign the new company 
the cash deposit rate of its predecessor.
    Due to the complexity and breadth of analysis required for this and 
five other concurrent changed circumstances reviews, it is not 
practical to conduct an expedited changed circumstances review. 
Therefore, we have not issued the preliminary results of this changed 
circumstances review at this time. The Department will publish in the 
Federal Register a notice of preliminary results of the antidumping 
duty changed circumstances review, in accordance with 19 CFR 
351.221(b)(4) and 19 CFR 351.221(c)(3)(i). This notice will set forth 
the factual and legal conclusions upon which our preliminary results 
are based and a description of any action proposed based on those 
results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will 
have an opportunity to comment on the preliminary results of the 
review. In accordance with 19 CFR 351.216(e), the Department will issue 
the final results of its antidumping duty changed circumstances review 
not later than 270 days after the date on which this review is 
initiated, or within 45 days if all parties to the proceeding agree to 
the outcome of the preliminary findings, and will publish these results 
in the Federal Register.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3).


[[Page 17158]]


    Dated: March 27, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-7436 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-DS-M