Notice of Final Results of Antidumping Duty Changed-Circumstances Review: Frozen Warmwater Shrimp from Vietnam, 49889-49890 [2010-20245]

Download as PDF Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Notices Extension of Time Limits for Final Results of Review DEPARTMENT OF COMMERCE International Trade Administration sroberts on DSKD5P82C1PROD with NOTICES Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results of the review of an antidumping duty order within 120 days after the date on which the preliminary results are published in the Federal Register. If it is not practicable to complete the review within this time period, the Department may extend that 120-day period to 180 days. The Department finds that it is not practicable to complete the final results of this review within the current time frame, as it requires additional time to properly analyze the arguments submitted by the interested parties in their case and rebuttal briefs, and on the surrogate labor value data the Department placed on the record for comment by the parties.1 Furthermore, the Department requested additional information on August 9, 2010, on the surrogate value for labor due to a recent finding that the wage rate reported by the International Labor Organization for Honduras, which is part of our aggregate surrogate value for labor, was inaccurate. See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review, dated July 30, 2010, and accompanying Issues and Decision Memorandum at Comment 9. As a result, the Department requires additional time to solicit comments from interested parties on this issue, and to properly analyze the arguments submitted. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time limit for completion of the final results of this review until October 12, 2010, which is the next business day after 180 days after the date on which the notice of the preliminary results was published in the Federal Register. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 9, 2010. Edward Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–20189 Filed 8–13–10; 8:45 am] BILLING CODE 3510–DS–S 1 See Memorandum to the File from Team Leader, entitled, ‘‘Data on Labor Wage,’’ dated July 14, 2010. VerDate Mar<15>2010 18:51 Aug 13, 2010 Jkt 220001 [A–552–802] Notice of Final Results of Antidumping Duty Changed–Circumstances Review: Frozen Warmwater Shrimp from Vietnam Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 30, 2010, the Department of Commerce (‘‘the Department’’) published a notice of initiation and the preliminary results of its changed–circumstances review of the antidumping duty order on frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’) in which it preliminarily determined that Phuong Nam Foodstuff Corp. is the successor–in-interest to Phuong Nam Co., Ltd., and that as such, Phuong Nam Foodstuff Corp is the successor–ininterest to Phuong Nam Co., Ltd. with respect to entries of subject merchandise. We gave interested parties the opportunity to comment on our preliminary results. We received no comments. Therefore, for these final results, the Department is adopting its preliminary determination that Phuong Nam Foodstuff Corp. is the successor– in-interest to Phuong Nam Co., Ltd. EFFECTIVE DATE: August 16, 2010. FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482–1386 or Steven Hampton at (202) 482–0116, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published the antidumping duty order on frozen warmwater shrimp from Vietnam on February 1, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (‘‘VN Shrimp Order’’). Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp. (collectively ‘‘Phuong Nam’’) participated in the third and fourth administrative reviews of the VN Shrimp Order and requested an administrative review, and subsequent revocation, for the fifth administrative review. On May 14, 2010, Phuong Nam informed the Department that Phuong PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 49889 Nam Co., Ltd., had changed its name to Phuong Nam Foodstuff Corp. and petitioned the Department to conduct a changed–circumstances review to confirm that Phuong Nam Foodstuff Corp. is the successor–in-interest to Phuong Nam Co., Ltd., for purposes of determining antidumping duties as a result of the VN Shrimp Order.1 Upon review of the information submitted by Phuong Nam, the Department determined that an expedited review was practicable and, on June 30, 2010, issued a combined notice of initiation and preliminary results. See Frozen Warmwater Shrimp From Vietnam: Initiation and Preliminary Results of Changed– Circumstances Review, 75 FR 37757 (June 30, 2010) (‘‘Preliminary Results’’). In its Preliminary Results, the Department provided all interested parties with an opportunity to comment or request a public hearing regarding the Department’s finding that Phuong Nam Foodstuff Corp. is the successor–ininterest to Phuong Nam Co., Ltd. We did not receive any comments or any requests for a public hearing. Scope of the Order The scope of this 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,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 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), 1 Phuong Nam claims that this name change was required to achieve the company’s goal of listing the company on the Ho Chi Minh City Stock Exchange. 2 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\16AUN1.SGM 16AUN1 sroberts on DSKD5P82C1PROD with NOTICES 49890 Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Notices 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 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 this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTUS 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 (HTUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTUS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTUS 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 individual quick freezing (‘‘IQF’’) 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 pan–fried. The products covered by this 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 this order is dispositive. VerDate Mar<15>2010 18:51 Aug 13, 2010 Jkt 220001 Final Results of Changed– Circumstances Review For the reasons stated in the Preliminary Results and because we received no comments to the contrary, the Department continues to find that Phuong Nam Foodstuff Corp. is the successor–in-interest to Phuong Nam Co., Ltd. Consequently, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to apply the cash– deposit rate in effect for Phuong Nam Co., Ltd., to all entries of the subject merchandise from Phuong Nam Foodstuff Corp. that were entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this changed–circumstances review. See Granular Polytetrafluoroethylene Resin from Italy: Final Results of Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 2003). This determination and this notice are in accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.216. Dated: August 9, 2010. Ronald K. Lorentzen, Deputy Assistant Sectary for Import Administration. [FR Doc. 2010–20245 Filed 8–13–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY19 Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) and Coastal Pelagic Species Advisory Subpanel (CPSAS) will hold a joint meeting by telephone conference that is open to the public. DATES: The telephone conference will be held Thursday, September 2, from 10 a.m. to 11:30 a.m. or when business for the day is completed. ADDRESSES: A public listening station will be available at the following location: Pacific Fishery Management Council, Small Conference Room, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384, 503–820–2280. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, Oregon 97220–1384. FOR FURTHER INFORMATION CONTACT: Kerry Griffin, Staff Officer; telephone: 503–820–2280. SUPPLEMENTARY INFORMATION: The primary purpose of the work session is to review and discuss two draft terms of reference (TOR) for new coastal pelagic species (CPS) survey methodologies and for the upcoming Stock Assessment Review process. The CPSAS and CPSMT are not scheduled to meet during the September Council meeting, and may therefore develop written statements on these documents to the Pacific Fishery Management Council for consideration at its September meeting. Although non-emergency issues not contained in the meeting agenda may come before the CPSMT and CPSAS for discussion, those issues may not be the subject of formal action during this meeting. CPSMT and CPSAS action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the CPSMT’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at 503–820–2280 at least five days prior to the meeting date. Dated: August 11, 2010 Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–20146 Filed 8–13–10; 8:45 am] BILLING CODE 3510–22–S SUMMARY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of Economic Analysis Advisory Committee Bureau of Economic Analysis. Notice of public meeting. AGENCY: ACTION: Pursuant to the Federal Advisory Committee Act (Pub. L. 92– 463 as amended by Pub. L. 94–409, Pub. L. 96–523, Pub. L. 97–375 and Pub. L. 105–153), we are announcing a meeting of the Bureau of Economic Analysis Advisory Committee. The meeting will SUMMARY: E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 49889-49890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20245]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Notice of Final Results of Antidumping Duty Changed-Circumstances 
Review: Frozen Warmwater Shrimp from Vietnam

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 30, 2010, the Department of Commerce (``the 
Department'') published a notice of initiation and the preliminary 
results of its changed-circumstances review of the antidumping duty 
order on frozen warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam'') in which it preliminarily determined that Phuong Nam 
Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd., 
and that as such, Phuong Nam Foodstuff Corp is the successor-in-
interest to Phuong Nam Co., Ltd. with respect to entries of subject 
merchandise. We gave interested parties the opportunity to comment on 
our preliminary results. We received no comments. Therefore, for these 
final results, the Department is adopting its preliminary determination 
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong 
Nam Co., Ltd.

EFFECTIVE DATE: August 16, 2010.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386 or 
Steven Hampton at (202) 482-0116, AD/CVD Operations, Office 9, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on frozen 
warmwater shrimp from Vietnam on February 1, 2005. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the 
Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (``VN 
Shrimp Order''). Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp. 
(collectively ``Phuong Nam'') participated in the third and fourth 
administrative reviews of the VN Shrimp Order and requested an 
administrative review, and subsequent revocation, for the fifth 
administrative review.
    On May 14, 2010, Phuong Nam informed the Department that Phuong Nam 
Co., Ltd., had changed its name to Phuong Nam Foodstuff Corp. and 
petitioned the Department to conduct a changed-circumstances review to 
confirm that Phuong Nam Foodstuff Corp. is the successor-in-interest to 
Phuong Nam Co., Ltd., for purposes of determining antidumping duties as 
a result of the VN Shrimp Order.\1\
---------------------------------------------------------------------------

    \1\ Phuong Nam claims that this name change was required to 
achieve the company's goal of listing the company on the Ho Chi Minh 
City Stock Exchange.
---------------------------------------------------------------------------

    Upon review of the information submitted by Phuong Nam, the 
Department determined that an expedited review was practicable and, on 
June 30, 2010, issued a combined notice of initiation and preliminary 
results. See Frozen Warmwater Shrimp From Vietnam: Initiation and 
Preliminary Results of Changed-Circumstances Review, 75 FR 37757 (June 
30, 2010) (``Preliminary Results''). In its Preliminary Results, the 
Department provided all interested parties with an opportunity to 
comment or request a public hearing regarding the Department's finding 
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong 
Nam Co., Ltd. We did not receive any comments or any requests for a 
public hearing.

Scope of the Order

    The scope of this 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,\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 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),

[[Page 49890]]

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 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 this order.
    Excluded from the scope are: 1) breaded shrimp and prawns (HTUS 
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 (HTUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp 
and prawns in prepared meals (HTUS subheading 1605.20.05.10); 5) dried 
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTUS 
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 individual quick freezing (``IQF'') 
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 pan-fried.
    The products covered by this 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 this order is 
dispositive.

Final Results of Changed-Circumstances Review

    For the reasons stated in the Preliminary Results and because we 
received no comments to the contrary, the Department continues to find 
that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong 
Nam Co., Ltd. Consequently, the Department will instruct U.S. Customs 
and Border Protection (``CBP'') to apply the cash-deposit rate in 
effect for Phuong Nam Co., Ltd., to all entries of the subject 
merchandise from Phuong Nam Foodstuff Corp. that were entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed-circumstances review. 
See Granular Polytetrafluoroethylene Resin from Italy: Final Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 
2003).
    This determination and this notice are in accordance with sections 
751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.216.

    Dated: August 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Sectary for Import Administration.
[FR Doc. 2010-20245 Filed 8-13-10; 8:45 am]
BILLING CODE 3510-DS-S