Frozen Warmwater Shrimp from Vietnam: Notice of Final Results of Antidumping Duty Changed Circumstances Reviews, 42050-42051 [E9-20060]
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Foreign-Trade Zone 149—Port
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For further information, contact
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Elizabeth_Whiteman@ita.doc.gov or
(202) 482–0473.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–20034 Filed 8–19–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Frozen Warmwater Shrimp from
Vietnam: Notice of Final Results of
Antidumping Duty Changed
Circumstances Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2009, the
Department of Commerce
(‘‘Department’’) published a notice of
preliminary results of changed
circumstances reviews of the
antidumping duty order on frozen
warmwater shrimp from Vietnam, and
determined that Bac Lieu Fisheries Joint
Stock Company (‘‘Bac Lieu JSC’’),
Cadovimex Seafood Import–Export and
Processing Joint Stock Company
(‘‘Cadovimex Vietnam’’), Soc Trang
Seafood Joint Stock Company
(‘‘STAPIMEX JSC’’), Thuan Phuoc
Seafoods and Trading Corporation
(‘‘Thuan Phuoc JSC’’), and UTXI
Aquatic Products Processing
Corporation (‘‘UTXI Corp.’’)
(collectively, ‘‘Five CCR Requestors’’)
are successors–in-interest, respectively,
to Bac Lieu Fisheries Company Limited
(‘‘Bac Lieu Limited’’), Cai Doi Vam
Seafood Import–Export Company
(‘‘Cadovimex’’), Soc Trang Aquatic
Products and General Import Export
Company (‘‘STAPIMEX’’), Thuan Phuoc
Seafoods and Trading Corporation
(‘‘Thuan Phuoc SOE’’), and UTXI
Aquatic Products Processing Company
(‘‘UTXI’’) (collectively, ‘‘Original
Companies’’), and should be accorded
the same antidumping duty treatment as
their respective Original Companies.
However, the Department preliminarily
found that Can Tho Import Export
Fishery Limited Company (‘‘CAFISH’’)
is not the successor–in-interest to Can
Tho Agricultural and Animal Products
Import Export Company (‘‘CATACO’’)
for purposes of determining the
antidumping duty cash deposit rate.1
For the final results, the Department
continues to find that the Five CCR
1 See Frozen Warmwater Shrimp from Vietnam:
Notice of Preliminary Results of Antidumping Duty
Changed Circumstances Reviews, 74 FR 31698 (July
2, 2009) (‘‘Preliminary Results’’).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Requestors are the successors–ininterest to the respective Original
Companies, and that CAFISH is not the
successor–in-interest to CATACO.
EFFECTIVE DATE: August 20, 2009.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang or Scot T. Fullerton, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone:
202–482–4047 or 202–482–1386,
respectively.
Background
On February 1, 2005, the Department
published in the Federal Register the
antidumping duty order for frozen
warmwater shrimp from 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, 5154–55 (February 1, 2005)
(‘‘Order’’). As part of the Order, Bac
Lieu Limited, Cadovimex, STAPIMEX,
Thuan Phuoc SOE, UTXI, and CATACO
received a separate antidumping duty
cash deposit rate of 4.57 percent. Id.
From January 26, 2009, to February 6,
2009, STAPIMEX JSC, UTXI Corp.,
Cadovimex–Vietnam, Thuan Phuoc JSC,
Bac Lieu JSC, requested that the
Department conduct changed
circumstances reviews, claiming that
the Five CCR Requestors are the
successors–in-interest to the Original
Companies. On March 18, 2009, the
Department initiated changed
circumstances reviews of the Five CCR
Requestors. See Certain Frozen
Warmwater Shrimp from Socialist
Republic of Vietnam: Initiation of
Changed Circumstances Reviews, 74 FR
11527 (March 18, 2009).
On March 13, 2009, CATACO
requested that the Department conduct
a changed circumstances review,
claiming CAFISH is the successor–ininterest to CATACO. On April 14, 2009,
the Department initiated the changed
circumstances review. See Certain
Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Initiation
of Changed Circumstances Review, 74
FR 17156 (April 14, 2009).
On July 2, 2009, the Department
published the preliminary results for the
Five CCR Requestors and CATACO and
invited interested parties to comment.
See Preliminary Results. We received no
comments or requests for a hearing from
interested parties.
Scope of Order
The scope of this order includes
certain warmwater shrimp and prawns,
E:\FR\FM\20AUN1.SGM
20AUN1
sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices
whether frozen, wild–caught (ocean
harvested) or farm–raised (produced by
aquaculture), head–on or head–off,
shell–on or peeled, tail–on or tail–off,2
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
(‘‘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
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) 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
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Nov<24>2008
16:07 Aug 19, 2009
Jkt 217001
42051
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 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.
CAFISH remains subject to the
Vietnam–wide entity rate.
Final Results of Changed
Circumstances Reviews
Dated: August 14, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
[FR Doc. E9–20060 Filed 8–19–09; 8:45 am]
For the reasons stated in the
preliminary results, and because the
Department did not receive any
comments on the preliminary results of
these reviews, the Department continues
to find that the Five CCR Requestors are
the successors–in-interest to the
Original Companies, respectively, and
that CAFISH is not the successor–ininterest to CATACO, for purposes of the
antidumping duty cash–deposit rate.3
Accordingly, the Five CCR Requestors
should receive the same antidumping
duty treatment as the respective
Original Companies to which we found
them to be the successor–in-interest.
3 On July 21, 2006, Bac Lieu JSC became the
successor to Bac Lieu Limited; on February 1, 2005,
Cadovimex Vietnam became the successor to
Cadovimex; on June 1, 2006, STAPIMEX JSC
became the successor to STAPIMEX; on June 29,
2007, Thuan Phuoc JSC became the successor to
Thuan Phuoc SOE; on June 15, 2006, UTXI Corp.
became the successor to UTXI. See Memo to File,
from Jerry Huang, International Trade Compliance
Analyst, through Scot T. Fullerton, Program
Manager, AD/CVD Office 9, regarding Analysis
Memo for Preliminary Determination of
Antidumping Duty Changed Circumstances
Reviews of Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam (June 25, 2009)
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Notification
The Department will instruct U.S.
Customs and Border Protection that the
cash deposit determination from these
changed circumstances reviews will
apply to all shipments of the subject
merchandise produced and exported by
the Five CCR Requestors entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of these
changed circumstances reviews. This
deposit rate shall remain in effect until
publication of the final results of the
next administrative review in which the
Five CCR Requestors participate.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF97
Marine Mammals; File No. 10137–01
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendment and proposed amendment.
SUMMARY: Notice is hereby given that
the NMFS Pacific Islands Fisheries
Science Center, Marine Mammal
Research Program (MMRP), 2570 Dole
Street, Honolulu, HI 96822–2396
(Responsible Party: Frank Parrish,
Ph.D.), has been issued an amendment
to Permit No. 10137 to conduct research
and enhancement activities on
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[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42050-42051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20060]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Frozen Warmwater Shrimp from Vietnam: Notice of Final Results of
Antidumping Duty Changed Circumstances Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2009, the Department of Commerce (``Department'')
published a notice of preliminary results of changed circumstances
reviews of the antidumping duty order on frozen warmwater shrimp from
Vietnam, and determined that Bac Lieu Fisheries Joint Stock Company
(``Bac Lieu JSC''), Cadovimex Seafood Import-Export and Processing
Joint Stock Company (``Cadovimex Vietnam''), Soc Trang Seafood Joint
Stock Company (``STAPIMEX JSC''), Thuan Phuoc Seafoods and Trading
Corporation (``Thuan Phuoc JSC''), and UTXI Aquatic Products Processing
Corporation (``UTXI Corp.'') (collectively, ``Five CCR Requestors'')
are successors-in-interest, respectively, to Bac Lieu Fisheries Company
Limited (``Bac Lieu Limited''), Cai Doi Vam Seafood Import-Export
Company (``Cadovimex''), Soc Trang Aquatic Products and General Import
Export Company (``STAPIMEX''), Thuan Phuoc Seafoods and Trading
Corporation (``Thuan Phuoc SOE''), and UTXI Aquatic Products Processing
Company (``UTXI'') (collectively, ``Original Companies''), and should
be accorded the same antidumping duty treatment as their respective
Original Companies. However, the Department preliminarily found that
Can Tho Import Export Fishery Limited Company (``CAFISH'') is not the
successor-in-interest to Can Tho Agricultural and Animal Products
Import Export Company (``CATACO'') for purposes of determining the
antidumping duty cash deposit rate.\1\ For the final results, the
Department continues to find that the Five CCR Requestors are the
successors-in-interest to the respective Original Companies, and that
CAFISH is not the successor-in-interest to CATACO.
---------------------------------------------------------------------------
\1\ See Frozen Warmwater Shrimp from Vietnam: Notice of
Preliminary Results of Antidumping Duty Changed Circumstances
Reviews, 74 FR 31698 (July 2, 2009) (``Preliminary Results'').
---------------------------------------------------------------------------
EFFECTIVE DATE: August 20, 2009.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone: 202-482-4047 or 202-482-1386,
respectively.
Background
On February 1, 2005, the Department published in the Federal
Register the antidumping duty order for frozen warmwater shrimp from
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, 5154-55
(February 1, 2005) (``Order''). As part of the Order, Bac Lieu Limited,
Cadovimex, STAPIMEX, Thuan Phuoc SOE, UTXI, and CATACO received a
separate antidumping duty cash deposit rate of 4.57 percent. Id.
From January 26, 2009, to February 6, 2009, STAPIMEX JSC, UTXI
Corp., Cadovimex-Vietnam, Thuan Phuoc JSC, Bac Lieu JSC, requested that
the Department conduct changed circumstances reviews, claiming that the
Five CCR Requestors are the successors-in-interest to the Original
Companies. On March 18, 2009, the Department initiated changed
circumstances reviews of the Five CCR Requestors. See Certain Frozen
Warmwater Shrimp from Socialist Republic of Vietnam: Initiation of
Changed Circumstances Reviews, 74 FR 11527 (March 18, 2009).
On March 13, 2009, CATACO requested that the Department conduct a
changed circumstances review, claiming CAFISH is the successor-in-
interest to CATACO. On April 14, 2009, the Department initiated the
changed circumstances review. See Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Initiation of Changed Circumstances
Review, 74 FR 17156 (April 14, 2009).
On July 2, 2009, the Department published the preliminary results
for the Five CCR Requestors and CATACO and invited interested parties
to comment. See Preliminary Results. We received no comments or
requests for a hearing from interested parties.
Scope of Order
The scope of this order includes certain warmwater shrimp and
prawns,
[[Page 42051]]
whether frozen, wild-caught (ocean harvested) or farm-raised (produced
by aquaculture), head-on or head-off, shell-on or peeled, tail-on or
tail-off,\2\ deveined or not deveined, cooked or raw, or otherwise
processed in frozen form.
---------------------------------------------------------------------------
\2\ ``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 investigation, 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 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) 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 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 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.
Final Results of Changed Circumstances Reviews
For the reasons stated in the preliminary results, and because the
Department did not receive any comments on the preliminary results of
these reviews, the Department continues to find that the Five CCR
Requestors are the successors-in-interest to the Original Companies,
respectively, and that CAFISH is not the successor-in-interest to
CATACO, for purposes of the antidumping duty cash-deposit rate.\3\
Accordingly, the Five CCR Requestors should receive the same
antidumping duty treatment as the respective Original Companies to
which we found them to be the successor-in-interest. CAFISH remains
subject to the Vietnam-wide entity rate.
---------------------------------------------------------------------------
\3\ On July 21, 2006, Bac Lieu JSC became the successor to Bac
Lieu Limited; on February 1, 2005, Cadovimex Vietnam became the
successor to Cadovimex; on June 1, 2006, STAPIMEX JSC became the
successor to STAPIMEX; on June 29, 2007, Thuan Phuoc JSC became the
successor to Thuan Phuoc SOE; on June 15, 2006, UTXI Corp. became
the successor to UTXI. See Memo to File, from Jerry Huang,
International Trade Compliance Analyst, through Scot T. Fullerton,
Program Manager, AD/CVD Office 9, regarding Analysis Memo for
Preliminary Determination of Antidumping Duty Changed Circumstances
Reviews of Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam (June 25, 2009)
---------------------------------------------------------------------------
Notification
The Department will instruct U.S. Customs and Border Protection
that the cash deposit determination from these changed circumstances
reviews will apply to all shipments of the subject merchandise produced
and exported by the Five CCR Requestors entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of these changed circumstances reviews. This deposit rate
shall remain in effect until publication of the final results of the
next administrative review in which the Five CCR Requestors
participate.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.
Dated: August 14, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-20060 Filed 8-19-09; 8:45 am]
BILLING CODE 3510-DS-S