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]
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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
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16:35 Aug 05, 2010
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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:
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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
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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.
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16:35 Aug 05, 2010
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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
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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 https://
ia.ita.doc.gov/frn/. 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
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16:35 Aug 05, 2010
SUMMARY:
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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
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]]>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 https://ia.ita.doc.gov/frn/. 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
