Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of the First Five-year “Sunset” Review of the Antidumping Duty Order, 47546-47548 [2010-19448]

Download as PDF 47546 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security Materials Processing Equipment; Technical Advisory Committee; Notice of Partially Closed Meeting The Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet on August 25, 2010, 9 a.m., Room 3884, 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 with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology. 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 §§ 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. Dated: August 3, 2010. Yvette Springer, Committee Liaison Officer. [FR Doc. 2010–19473 Filed 8–5–10; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration AGENDA Open Session [A–552–802] 1. Opening Remarks and Introductions. 2. Presentation of Papers and Comments by the Public. 3. Discussion on Proposals from last and for next Wassenaar Meeting. 4. Report on Proposed Changes to the Export Administration Regulation. 5. Other Business. Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of the First Fiveyear ‘‘Sunset’’ Review of the Antidumping Duty Order sroberts on DSKD5P82C1PROD with NOTICES Closed Session 6. 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 August 18, 2010. 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 email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on July 8, 2010, 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 VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 4, 2010, the Department of Commerce (‘‘the Department’’) published the notice of initiation of the first sunset review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’). On the basis of the notice of intent to participate by domestic interested parties and adequate substantive responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Preliminary Results of Review.’’ AGENCY: EFFECTIVE DATE: August 6, 2010. Jerry Huang, 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: 202–482–4047. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Background On January 4, 2010, the Department published in the Federal Register the notice of initiation of its sunset reviews of the antidumping duty orders on certain frozen warmwater shrimp from Brazil, the People’s Republic of China, India, Thailand, and Vietnam, in accordance with section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Review, 75 FR 103 (January 4, 2010) (‘‘Notice of Initiation’’). The Department received notices of intent to participate from domestic interested parties, the Ad Hoc Shrimp Trade Action Committee (‘‘AHSTAC’’), and the American Shrimp Processors Association (‘‘ASPA’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic– like product in the United States. The Department received substantive responses to the Notice of Initiation from domestic interested parties and respondent interested parties (collectively ‘‘Vietnamese Respondents’’) within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On February 12, 2010, ASPA and Vietnamese Respondents filed rebuttal comments to parties’ substantive responses. On March 2, 2010, the Department determined that Vietnamese Respondents accounted for more than 50 percent of exports by volume of the subject merchandise and, therefore, submitted an adequate substantive response to the Department’s Notice of Initiation. See Memorandum to James C. Doyle: Adequacy Determination in Antidumping Duty Sunset Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, dated March 2, 2010. The Department also determined that domestic interested parties submitted an adequate response as at least one domestic interested party submitted a complete substantive response. See 19 CRF 351.218(e)(1)(i). In accordance with 19 CFR 351.218(e)(2)(i), the Department determined to conduct a full sunset review of this antidumping duty order.As explained in the February 12, 2010, memorandum from the Deputy Assistant Secretary for Import Administration, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of E:\FR\FM\06AUN1.SGM 06AUN1 47547 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices sroberts on DSKD5P82C1PROD with NOTICES the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. On May 6, 2010, in accordance with section 751(c)(5)(B) of the Act, the Department extended the deadlines for the preliminary and final results of this sunset review by 90 days from the scheduled dates. See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Extension of Time Limits for Preliminary and Final Results of Full Five-year (‘‘Sunset’’) Review of Antidumping Duty Order, 75 FR 24883 (May 6, 2010). The final results in the full sunset review of this antidumping duty order are scheduled on or before November 30, 2010. 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. 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. 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 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 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 this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Preliminary Results of First Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam’’ to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated July 30, 2010 (‘‘Decision Memo’’), which is hereby PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the antidumping duty order were revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room 1117 of the main Commerce Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http:// ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memo are identical in content. Preliminary Results of Review The Department preliminarily determines that revocation of the antidumping duty order on certain frozen warmwater shrimp from Vietnam is likely to lead to continuation or recurrence of dumping at the following weighted–average margins: Certain Frozen Warmwater Shrimp from Vietnam Manufacturer/Exporter Bac Lieu Fisheries Joint Stock Company ......... Bim Seafood Joint Stock Company ......... C.P. Vietnam Livestock Corporation ............... Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco Vietname’’) ................ Cadovimex Seafood Import–Export and Processing Joint Stock Company (‘‘Cadovimex -Vietnam’’) ........................ Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corporation’’) aka Camranh Seafoods ................... Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’) ............ Cam Ranh Seafoods Processing Enterprise PTE (‘‘Cam Ranh Seafoods’’) ................ Coastal Fishery Development Corporation (‘‘Cofidec’’) ................. Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) .................... E:\FR\FM\06AUN1.SGM 06AUN1 Weighted–Average Margin (Percent) 4.57% 4.57% 4.57% 4.57% 4.57% 4.57% 5.24% 4.57% 4.57% 4.57% 47548 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices Manufacturer/Exporter Weighted–Average Margin (Percent) sroberts on DSKD5P82C1PROD with NOTICES Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) (and its affiliate Tho Quang Seafood Processing & Export Company) .. Grobest & I–Mei Industry (Vietnam) Co., Ltd. Investment Commerce Fisheries Corporation (‘‘Incomfish’’) ............. Minh Hai Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Jostoco’’) Minh Hai Joint–Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) .......................... Minh Phu Seafood Corp. (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively ‘‘Minh Phu Group’’) ... Ngoc Sinh Private Enterprise ...................... Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) .. Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) ...... Phu Cuong Seafood Processing & Import– Export Co., Ltd. ......... Phuong Nam Co., Ltd. .. Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’) ............. Soc Trang Seafood Joint Stock Company (‘‘Stapimex’’) .............. Thuan Phuoc Seafoods and Trading Corporation (and its affiliates Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory) ..... UTXI Aquatic Products Processing Corporation ............................ Viet Foods Co., Ltd. ..... Viet Hai Seafood Co., Ltd. aka Viet Nam Fish–One Co., Ltd. .... Vinh Loi Import Export Company (‘‘VIMEX’’) Vietnam–Wide Entity .... 4.57% 4.57% 4.57% 4.57% 4.30% notice. Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed no later than 5 days after the time limit for filing the case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if requested, will be held two days after rebuttal briefs are due, unless the Department alters the date, in accordance with 19 CFR 351.310(d)(1). The Department intends to issue a notice of final results of this first sunset review, which will include the results of its analysis of issues raised in any such briefs, no later than November 30, 2010. This five-year (‘‘sunset’’) review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: July 30, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–19448 Filed 8–5–10; 8:45 am] BILLING CODE 3510–DS–S 4.38% DEPARTMENT OF COMMERCE 4.57% Bureau of Industry and Security 4.57% President’s Export Council Subcommittee on Export Administration; Notice of Recruitment of Private-Sector Members 4.57% The President’s Export Council Subcommittee on Export 4.57% Administration (PECSEA) advises the 4.57% U.S. Government on matters and issues pertinent to implementation of the provisions of the Export Administration 4.57% Act and the Export Administration Regulations, as amended, and related 4.57% statutes and regulations. These issues relate to U.S. export controls as mandated by law for national security, foreign policy, non-proliferation, and short supply reasons. The PECSEA draws on the expertise of its members to provide advice and make 4.57% recommendations on ways to minimize the possible adverse impact export controls may have on U.S. industry. The 4.57% PECSEA provides the Government with 4.57% direct input from representatives of the broad range of industries that are directly affected by export controls. 4.57% The PECSEA is composed of high4.57% level industry and Government 25.76% members representing diverse points of view on the concerns of the business Any interested party may request a community. PECSEA industry hearing within 30 days of publication of representatives are selected from firms this notice in accordance with 19 CFR producing a broad range of goods, 351.310(c). Consistent with 19 CFR software, and technologies presently 351.309(c)(1)(i), interested parties may controlled for national security, foreign submit case briefs no later than 30 days policy, non-proliferation, and short after the date of publication of this supply reasons or that are proposed for VerDate Mar<15>2010 16:35 Aug 05, 2010 SUMMARY: Jkt 220001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 such controls, balanced to the extent possible among large and small firms. PECSEA members are appointed by the Secretary of Commerce and serve at the Secretary’s discretion. The membership reflects the Department’s commitment to attaining balance and diversity. PECSEA members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members can be permitted access to relevant classified information needed in formulating recommendations to the President and the U.S. Government. The PECSEA meets 4 to 6 times per year. Members of the Subcommittee will not be compensated for their services. The PECSEA is seeking private-sector members with senior export control expertise and direct experience in one or more of the following industries: Machine tools, semiconductors, commercial communication satellites, high performance computers, telecommunications, aircraft, pharmaceuticals, and chemicals. To Apply: Please send a short biographical sketch to Ms. Yvette Springer at Yspringer@bis.doc.gov. For more information, please contact Ms. Springer on 202–482–2813. Deadline: This request will be open for 30 days from the date of publication in the Federal Register. Dated: August 2, 2010. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2010–19472 Filed 8–5–10; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration A–428–602 Brass Sheet and Strip from Germany: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On April 27, 2010, the U.S. Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on brass sheet and strip from Germany. The review covers one producer/exporter of brass sheet and strip from Germany, Wieland–Werke AG. Based on a withdrawal of the request for review from Wieland–Werke AG, the respondent and German manufacturer of brass sheet and strip, we are now AGENCY: E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47546-47548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19448]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Five-year ``Sunset'' Review 
of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 4, 2010, the Department of Commerce (``the 
Department'') published the notice of initiation of the first sunset 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam''). On the basis of 
the notice of intent to participate by domestic interested parties and 
adequate substantive responses filed on behalf of the domestic and 
respondent interested parties, the Department is conducting a full 
sunset review of the antidumping duty order pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 
351.218(e)(2)(i). As a result of this sunset review, the Department 
preliminarily finds that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the levels 
listed below in the section entitled ``Preliminary Results of Review.''

EFFECTIVE DATE: August 6, 2010.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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: 202-482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2010, the Department published in the Federal 
Register the notice of initiation of its sunset reviews of the 
antidumping duty orders on certain frozen warmwater shrimp from Brazil, 
the People's Republic of China, India, Thailand, and Vietnam, in 
accordance with section 751(c) of the Act. See Initiation of Five-year 
(``Sunset'') Review, 75 FR 103 (January 4, 2010) (``Notice of 
Initiation'').
    The Department received notices of intent to participate from 
domestic interested parties, the Ad Hoc Shrimp Trade Action Committee 
(``AHSTAC''), and the American Shrimp Processors Association 
(``ASPA''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
The domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act, as manufacturers of a domestic-like 
product in the United States.
    The Department received substantive responses to the Notice of 
Initiation from domestic interested parties and respondent interested 
parties (collectively ``Vietnamese Respondents'') within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). On February 12, 2010, 
ASPA and Vietnamese Respondents filed rebuttal comments to parties' 
substantive responses.
    On March 2, 2010, the Department determined that Vietnamese 
Respondents accounted for more than 50 percent of exports by volume of 
the subject merchandise and, therefore, submitted an adequate 
substantive response to the Department's Notice of Initiation. See 
Memorandum to James C. Doyle: Adequacy Determination in Antidumping 
Duty Sunset Review of Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam, dated March 2, 2010. The Department also 
determined that domestic interested parties submitted an adequate 
response as at least one domestic interested party submitted a complete 
substantive response. See 19 CRF 351.218(e)(1)(i). In accordance with 
19 CFR 351.218(e)(2)(i), the Department determined to conduct a full 
sunset review of this antidumping duty order.As explained in the 
February 12, 2010, memorandum from the Deputy Assistant Secretary for 
Import Administration, the Department exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from February 5, through February 12, 2010. See Memorandum to the 
Record from Ronald Lorentzen, DAS for Import Administration, regarding 
``Tolling of Administrative Deadlines As a Result of

[[Page 47547]]

the Government Closure During the Recent Snowstorm,'' dated February 
12, 2010. Thus, all deadlines in this segment of the proceeding have 
been extended by seven days. On May 6, 2010, in accordance with section 
751(c)(5)(B) of the Act, the Department extended the deadlines for the 
preliminary and final results of this sunset review by 90 days from the 
scheduled dates. See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Extension of Time Limits for Preliminary and Final 
Results of Full Five-year (``Sunset'') Review of Antidumping Duty 
Order, 75 FR 24883 (May 6, 2010). The final results in the full sunset 
review of this antidumping duty order are scheduled on or before 
November 30, 2010.

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 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 this sunset review are addressed in the 
``Issues and Decision Memorandum for the Preliminary Results of First 
Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam'' to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, dated July 30, 
2010 (``Decision Memo''), which is hereby adopted by this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the antidumping duty order were revoked. Parties 
can find a complete discussion of all issues raised in this sunset 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Central Records Unit, room 1117 of the main 
Commerce Department building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on certain frozen warmwater shrimp from Vietnam 
is likely to lead to continuation or recurrence of dumping at the 
following weighted-average margins:
    Certain Frozen Warmwater Shrimp from Vietnam

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint Stock Company..............               4.57%
Bim Seafood Joint Stock Company.....................               4.57%
C.P. Vietnam Livestock Corporation..................               4.57%
Ca Mau Seafood Joint Stock Company (``Seaprimexco                  4.57%
 Vietname'')........................................
Cadovimex Seafood Import-Export and Processing Joint               4.57%
 Stock Company (``Cadovimex -Vietnam'').............
Cafatex Fishery Joint Stock Corporation (``Cafatex                 4.57%
 Corporation'') aka Camranh Seafoods................
Camau Frozen Seafood Processing Import Export                      5.24%
 Corporation (``CAMIMEX'')..........................
Cam Ranh Seafoods Processing Enterprise PTE (``Cam                 4.57%
 Ranh Seafoods'')...................................
Coastal Fishery Development Corporation                            4.57%
 (``Cofidec'')......................................
Cuulong Seaproducts Company (``Cuulong Seapro'')....               4.57%

[[Page 47548]]

 
Danang Seaproducts Import Export Corporation                       4.57%
 (``Seaprodex Danang'') (and its affiliate Tho Quang
 Seafood Processing & Export Company)...............
Grobest & I-Mei Industry (Vietnam) Co., Ltd.........               4.57%
Investment Commerce Fisheries Corporation                          4.57%
 (``Incomfish'')....................................
Minh Hai Export Frozen Seafood Processing Joint                    4.57%
 Stock Company (``Minh Hai Jostoco'')...............
Minh Hai Joint-Stock Seafoods Processing Company                   4.30%
 (``Seaprodex Minh Hai'')...........................
Minh Phu Seafood Corp. (and its affiliates Minh Qui                4.38%
 Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.)
 (collectively ``Minh Phu Group'')..................
Ngoc Sinh Private Enterprise........................               4.57%
Nha Trang Fisheries Joint Stock Company (``Nha Trang               4.57%
 Fisco'')...........................................
Nha Trang Seaproduct Company (``Nha Trang                          4.57%
 Seafoods'')........................................
Phu Cuong Seafood Processing & Import-Export Co.,                  4.57%
 Ltd................................................
Phuong Nam Co., Ltd.................................               4.57%
Sao Ta Foods Joint Stock Company (``Fimex VN'').....               4.57%
Soc Trang Seafood Joint Stock Company (``Stapimex'')               4.57%
Thuan Phuoc Seafoods and Trading Corporation (and                  4.57%
 its affiliates Frozen Seafoods Factory No. 32,
 Seafoods and Foodstuff Factory, and My Son Seafoods
 Factory)...........................................
UTXI Aquatic Products Processing Corporation........               4.57%
Viet Foods Co., Ltd.................................               4.57%
Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One                   4.57%
 Co., Ltd...........................................
Vinh Loi Import Export Company (``VIMEX'')..........               4.57%
Vietnam-Wide Entity.................................              25.76%
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Consistent with 19 CFR 351.309(c)(1)(i), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, which must be limited to issues raised in the 
case briefs, may be filed no later than 5 days after the time limit for 
filing the case briefs, in accordance with 19 CFR 351.309(d)(1). Any 
hearing, if requested, will be held two days after rebuttal briefs are 
due, unless the Department alters the date, in accordance with 19 CFR 
351.310(d)(1). The Department intends to issue a notice of final 
results of this first sunset review, which will include the results of 
its analysis of issues raised in any such briefs, no later than 
November 30, 2010.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: July 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-19448 Filed 8-5-10; 8:45 am]
BILLING CODE 3510-DS-S