Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of the Second New Shipper Review, 24796-24798 [E9-12152]
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24796
Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
VII. Recommended Order
[REDACTED SECTION]
[REDACTED SECTION]
The Recommended Decision and
Order is being referred to the Under
Secretary for review and final action. As
provided by Section 766.17(b)(2) of the
EAR, the recommended decision and
order is being served by express mail.
Because the Under Secretary must
review the decision in a short time
frame, all papers filed with the Under
Secretary in response to the
recommended decision and order must
be sent by personal delivery, facsimile,
express mail, or other overnight carrier
as provided in Section 766.22(a) of the
EAR. Submissions by the parties must
be filed with the Under Secretary for
Export Administration, Bureau of
Industry and Security, U.S. Department
of Commerce, Room H–3898, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230, within 12 days
from the date of issuance of this
Recommended Decision and Order.
Thereafter, the parties have eight days
from receipt of any response(s) in which
to submit replies.
Within 30 days after receipt of this
Recommended Decision and Order, the
Under Secretary shall issue a written
order, affirming, modifying or vacating
the recommended decision and order.
See 15 CFR 766.22(c).
PLEASE TAKE NOTE THAT
Respondent has one year from the date
of entry of this Order to file a petition
to vacate this default order. 15 CFR
766.7(b).
Administrative Law Judge in Norfolk,
Virginia.
Done and dated April 14, 2009.
Norfolk, VA.
Hon. Michael J. Devine,
Administrative Law Judge, U.S. Coast
Guard.
6. United States Coast Guard
Administrative Law Judges perform
adjudicatory functions for the Bureau of
Industry and Security with approval
from the Office of Personnel
Management pursuant to a
memorandum of understanding between
the Coast Guard and the Bureau of
Industry and Security.
Certificate of Service
I hereby certify that I have served the
foregoing Scheduling Order upon the
following parties (or designated
representatives) at the address indicated
below:
Eric Clark, Attorney-Advisor and Parvin
Huda, Senior Counsel, and Joseph
Jest, Chief of Enforcement and
Litigation, Attorneys for Bureau of
VerDate Nov<24>2008
20:08 May 22, 2009
Jkt 217001
Industry and Security, Office of Chief
Counsel for Industry and Security.
U.S. Department of Commerce, Room
H–3839, 14th Street & Constitution
Avenue, NW., Washington, DC 20230.
Fax: 202–482–0085. Sent by Facsimile
and Federal Express.
Vasko Tomanovic, Counsel for
Respondent, ‘‘Kaminik’’ b.b., 1000
Skopje, Republic of Macedonia. Tel:
389–70–436068. Fax: 41–44–567–
1892. Sent by Facsimile and Federal
Express.
ALJ Docketing Center, Attn: Hearing
Docket Clerk, United States Coast
Guard, 40 South Gay Street, Rm. 412,
Baltimore, MD 21202. Fax: 410–962–
1746. Sent by Facsimile and Federal
Express.
Mr. Iki Malinkovski, Micei
International, Kaminik b.b., 1000
Skopje, Republic of Macedonia. Fax:
011–389–2252–2039. Sent by
Facsimile and Federal Express.
Done and dated April 14, 2009.
Janice L. Parker,
Paralegal Assistant to the
Administrative Law Judge.
Notice to the Parties Regarding
Review by Under Secretary.
Title 15—Commerce and Foreign Trade.
Subtitle B—Regulations Relating to
Commerce and Foreign Trade.
Chapter VII—Bureau of Industry and
Security, Department of Commerce.
Subchapter C—Export Administration
Regulations.
Part 766—Administrative Enforcement
Proceedings.
15 CFR 766.22.
§ 766.22 Review by Under Secretary
(a) Recommended decision. For
proceedings not involving violations
relating to part 760 of the EAR, the
administrative law judge shall
immediately refer the recommended
decision and order to the Under
Secretary. Because of the time limits
provided under the EAA for review by
the Under Secretary, service of the
recommended decision and order on the
parties, all papers filed by the parties in
response, and the final decision of the
Under Secretary must be by personal
delivery, facsimile, express mail or
other overnight carrier. If the Under
Secretary cannot act on a recommended
decision and order for any reason, the
Under Secretary will designate another
Department of Commerce official to
receive and act on the recommendation.
(b) Submissions by parties. Parties
shall have 12 days from the date of
issuance of the recommended decision
and order in which to submit
simultaneous responses. Parties
thereafter shall have eight days from
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receipt of any response(s) in which to
submit replies. Any response or reply
must be received within the time
specified by the Under Secretary.
(c) Final decision. Within 30 days
after receipt of the recommended
decision and order, the Under Secretary
shall issue a written order affirming,
modifying or vacating the recommended
decision and order of the administrative
law judge. If he/she vacates the
recommended decision and order, the
Under Secretary may refer the case back
to the administrative law judge for
further proceedings. Because of the time
limits, the Under Secretary’s review will
ordinarily be limited to the written
record for decision, including the
transcript of any hearing, and any
submissions by the parties concerning
the recommended decision.
(d) Delivery. The final decision and
implementing order shall be served on
the parties and will be publicly
available in accordance with § 766.20 of
this part.
(e) Appeals. The charged party may
appeal the Under Secretary’s written
order within 15 days to the United
States Court of Appeals for the District
of Columbia pursuant to 50 U.S.C. app.
2412(c)(3).
[FR Doc. E9–11885 Filed 5–22–09; 8:45 am]
BILLING CODE M
DEPARTMENT OF COMMERCE
International Trade Administration
A–552–802
Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam:
Final Results of the Second New
Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting a new
shipper review of BIM Seafood Joint
Stock Company (‘‘BIM Seafood’’) and
the antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). 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)
(‘‘Shrimp Order.’’) We preliminarily
found that BIM Seafood did not sell
subject merchandise at less than normal
value (‘‘NV’’) and thus assigned a zero
margin for the period of review
(‘‘POR’’), February 1, 2007, through
January 31, 2008. See Certain Frozen
E:\FR\FM\26MYN1.SGM
26MYN1
24797
Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
Warmwater Shrimp from the Socialist
Republic of Vietnam: Preliminary
Results of the Second New Shipper
Review, 74 FR 4924 (January 28, 2009)
(‘‘Preliminary Results’’). Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for the final
results. The final margin is listed below
in the section entitled, ‘‘Final Results of
the Review.’’
EFFECTIVE DATE: May 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, 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) 482–0219.
SUPPLEMENTARY INFORMATION:
Case History
On January 28, 2009, the Department
published in the Federal Register the
preliminary results of this second new
shipper review. On February 27, 2009,
BIM Seafood filed comments regarding
the Department’s Preliminary Results.
On March 20, 2009, the Department
issued a revised margin analysis
memorandum to the file. See
Memorandum to the File, from Emeka
Chukwudebe, Case Analyst, Office 9,
Import Administration, through Alex
Villanueva, Program Manager, Office 9,
regarding ‘‘New Shipper Review of
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam’’
dated March 20, 2009 (‘‘Revised Margin
Analysis Memo’’). We gave BIM Seafood
an opportunity to comment on the
Revised Margin Analysis Memo. On
March 30, 2009, BIM Seafood filed
comments regarding the Department’s
Revised Margin Analysis Memo. No
other party filed comments and no party
requested a public hearing. On April 15,
2009, the Department extended the time
limit for the completion of the final
results of this new shipper review by 60
days. See Certain Frozen Warmwater
Shrimp From the Socialist Republic of
Vietnam: Extension of Time Limit for
Final Results of the Second New
Shipper Review, 74 FR 17453 (April 15,
2009).
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
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Nov<24>2008
20:08 May 22, 2009
Jkt 217001
raw, or otherwise processed in frozen
form.
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 (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
PO 00000
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Sfmt 4703
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. 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.
Analysis of Comments Received
All issues raised in the comments by
BIM Seafood are addressed in the
concurrent Issues and Decision
Memorandum (‘‘Issues and Decision
Memo’’), which is hereby adopted by
this notice. A list of the issues which
BIM Seafood raised and to which we
respond in the Issues and Decision
Memo is attached to this notice as an
Appendix. The Issues and Decision
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Main Commerce Building,
Room 1117, and is accessible on the
Web at https://www.trade.gov/ia. The
paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of information
and comments received regarding our
Preliminary Results and Revised Margin
Analysis Memo, we have made
revisions to the margin calculations for
BIM Seafood. For all changes to the
calculations, see the Issues and Decision
Memo at Comment 1 and 2.
Final Results of the Review
The Department has determined that
the final dumping margin for the POR
is:
CERTAIN FROZEN WARMWATER
SHRIMP FROM VIETNAM
Manufacturer/Exporter
BIM Seafood .................
E:\FR\FM\26MYN1.SGM
26MYN1
Weighted–Average
Margin (Percent)
0.00
24798
Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to 19 CFR
351.212(b)(1), we will calculate
importer–specific (or customer) ad
valorem duty assessment rates based on
the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review if any importer–specific
assessment rate calculated in the final
results of this review is above de
minimis.
Cash–Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of the
new shipper review for all shipments of
subject merchandise by BIM Seafood,
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (‘‘Act’’): (1) for subject
merchandise produced and exported by
BIM Seafood, the cash deposit rate will
be zero; (2) for subject merchandise
exported by BIM Seafood, but not
manufactured by BIM Seafood, the cash
deposit rate will continue to be the
Vietnam–wide rate of 25.76 percent; and
(3) for subject merchandise
manufactured by BIM Seafood, but
exported by any party other than BIM
Seafood, the cash deposit rate will be
the rate applicable to the exporter.
These cash deposit requirements will
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
VerDate Nov<24>2008
20:08 May 22, 2009
Jkt 217001
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: May 18, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix - Issues and Decision
Memorandum
Comment 1: International Freight
Comment 2: Raw Shrimp Count–Size
Conversion
[FR Doc. E9–12152 Filed 5–22–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1620]
Grant of Authority for Subzone Status;
Grafil, Inc. (Carbon Fiber), Sacramento,
CA
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Sacramento-Yolo Port
District, grantee of FTZ 143, has made
application to the Board for authority to
establish special-purpose subzone status
PO 00000
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Fmt 4703
Sfmt 4703
at the carbon fiber manufacturing plant
of Grafil, Inc., located in Sacramento,
California (FTZ Docket 37–2007, filed 8/
14/2007);
Whereas, notice inviting public
comment has been given in the Federal
Register (72 FR 48612, 8/24/07); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied,
and that approval of the application
would be in the public interest, if
approval were subject to the condition
listed below;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacture of
carbon fiber at the Grafil, Inc., facilities,
located in Sacramento, California
(Subzone 143D), as described in the
application and Federal Register notice,
subject to the FTZ Act and the Board’s
regulations, including Section 400.28,
and also subject to the condition that
approval is for an initial period of five
years, subject to extension upon review.
Signed at Washington, DC, this 7th day of
May 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–12129 Filed 5–22–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Hydrographic Services Review Panel;
Membership Solicitation
AGENCY: National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of membership
solicitation for Hydrographic Services
Review Panel.
SUMMARY: This notice responds to the
Hydrographic Services Improvement
Act Amendments of 2002, Public Law
107–372, which requires the Under
Secretary of Commerce for Oceans and
Atmosphere to solicit nominations for
membership on the Hydrographic
Services Review Panel (the Panel). This
advisory committee will advise the
Under Secretary on matters related to
the responsibilities and authorities set
forth in section 303 of the Hydrographic
Services Improvement Act of 1998, and
E:\FR\FM\26MYN1.SGM
26MYN1
]]>Agencies
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24796-24798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12152]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-552-802
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Final Results of the Second New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a
new shipper review of BIM Seafood Joint Stock Company (``BIM Seafood'')
and the antidumping duty order on certain frozen warmwater shrimp from
the Socialist Republic of Vietnam (``Vietnam''). 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) (``Shrimp Order.'') We
preliminarily found that BIM Seafood did not sell subject merchandise
at less than normal value (``NV'') and thus assigned a zero margin for
the period of review (``POR''), February 1, 2007, through January 31,
2008. See Certain Frozen
[[Page 24797]]
Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary
Results of the Second New Shipper Review, 74 FR 4924 (January 28, 2009)
(``Preliminary Results''). Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
the final results. The final margin is listed below in the section
entitled, ``Final Results of the Review.''
EFFECTIVE DATE: May 26, 2009.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, 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) 482-0219.
SUPPLEMENTARY INFORMATION:
Case History
On January 28, 2009, the Department published in the Federal
Register the preliminary results of this second new shipper review. On
February 27, 2009, BIM Seafood filed comments regarding the
Department's Preliminary Results. On March 20, 2009, the Department
issued a revised margin analysis memorandum to the file. See Memorandum
to the File, from Emeka Chukwudebe, Case Analyst, Office 9, Import
Administration, through Alex Villanueva, Program Manager, Office 9,
regarding ``New Shipper Review of Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam'' dated March 20, 2009 (``Revised
Margin Analysis Memo''). We gave BIM Seafood an opportunity to comment
on the Revised Margin Analysis Memo. On March 30, 2009, BIM Seafood
filed comments regarding the Department's Revised Margin Analysis Memo.
No other party filed comments and no party requested a public hearing.
On April 15, 2009, the Department extended the time limit for the
completion of the final results of this new shipper review by 60 days.
See Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Extension of Time Limit for Final Results of the Second New
Shipper Review, 74 FR 17453 (April 15, 2009).
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 (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 individually quick frozen (``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.
Analysis of Comments Received
All issues raised in the comments by BIM Seafood are addressed in
the concurrent Issues and Decision Memorandum (``Issues and Decision
Memo''), which is hereby adopted by this notice. A list of the issues
which BIM Seafood raised and to which we respond in the Issues and
Decision Memo is attached to this notice as an Appendix. The Issues and
Decision Memo is a public document and is on file in the Central
Records Unit (``CRU''), Main Commerce Building, Room 1117, and is
accessible on the Web at https://www.trade.gov/ia. The paper copy and
electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of information and comments received
regarding our Preliminary Results and Revised Margin Analysis Memo, we
have made revisions to the margin calculations for BIM Seafood. For all
changes to the calculations, see the Issues and Decision Memo at
Comment 1 and 2.
Final Results of the Review
The Department has determined that the final dumping margin for the
POR is:
Certain Frozen Warmwater Shrimp from Vietnam
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
BIM Seafood......................................... 0.00
------------------------------------------------------------------------
[[Page 24798]]
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any importer-specific assessment rate calculated in the final results
of this review is above de minimis.
Cash-Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of the new shipper review for all
shipments of subject merchandise by BIM Seafood, entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``Act''): (1) for subject merchandise produced and exported by BIM
Seafood, the cash deposit rate will be zero; (2) for subject
merchandise exported by BIM Seafood, but not manufactured by BIM
Seafood, the cash deposit rate will continue to be the Vietnam-wide
rate of 25.76 percent; and (3) for subject merchandise manufactured by
BIM Seafood, but exported by any party other than BIM Seafood, the cash
deposit rate will be the rate applicable to the exporter. These cash
deposit requirements will remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: May 18, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix - Issues and Decision Memorandum
Comment 1: International Freight
Comment 2: Raw Shrimp Count-Size Conversion
[FR Doc. E9-12152 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-DS-S
