Certain Frozen Warmwater Shrimp From India: Notice of Rescission of Antidumping Duty Changed Circumstances Review, 51756-51757 [2010-20897]

Download as PDF 51756 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Notice of Rescission of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 23, 2010. SUMMARY: On March 22, 2010, the Department of Commerce (the Department) initiated a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from India to determine whether R.D.R. Exports (RDR) is the successor-in-interest company to Jaya Satya Marine Exports Pvt. Ltd. (Jaya Satya). See Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty ChangedCircumstances Review, 75 FR 13492 (Mar. 22, 2010) (Initiation). On July 30, 2010, RDR withdrew its request for a changed circumstances review. The Department is now rescinding this changed circumstances antidumping duty administrative review. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse; AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6345. SUPPLEMENTARY INFORMATION: AGENCY: erowe on DSK5CLS3C1PROD with NOTICES Background On February 1, 2005, the Department published in the Federal Register an antidumping duty order on certain frozen warmwater shrimp from India. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147 (Feb. 1, 2005). On January 25, 2010, RDR requested that the Department conduct an expedited changed circumstances review under 19 CFR 351.221(c)(3)(iii) to determine whether it is the successorin-interest to Jaya Satya for purposes of determining antidumping liability. On March 22, 2010, the Department initiated a changed circumstances review but did not expedite the review, as requested by RDR, because we required additional information regarding the factual statements forming the basis of RDR’s changed VerDate Mar<15>2010 15:31 Aug 20, 2010 Jkt 220001 circumstances review request. See Initiation, 75 FR at 13493. In April, June, and July 2010, we requested further information and documentation from RDR to substantiate its claim to be the successor-in-interest to Jaya Satya. RDR submitted additional information in response to the first two of these requests in May and June 2010. On July 30, 2010, before the deadline for submitting its response to the third additional information request, RDR withdrew its request for a changed circumstances review. 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, shellon 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 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), 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. 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 ten 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 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. Rescission of Changed Circumstances Review Although it does not specifically reference changed circumstances reviews, section 351.213(d)(1) of the Department’s regulations provides that the Department will rescind an administrative review if the party requesting the review withdraws its request within ninety days of the date of publication of the notice of initiation of the requested review. The Department’s practice has been to apply this ninety-day deadline to changed circumstances review rescission requests. See, e.g., Certain Softwood Lumber Products from Canada: Notice E:\FR\FM\23AUN1.SGM 23AUN1 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices of Rescission of Antidumping Duty Changed Circumstances Review, 71 FR 16120 (Mar. 30, 2006). However, 19 CFR 351.213(d)(1) also provides that the Department may extend the ninety day time limit for withdrawing the request for an administrative review if we determine that it is reasonable to do so. In this case, RDR withdrew its request for a changed circumstances review on July 30, 2010, which is beyond ninety days of the date of initiation. However, we note that no interested party, including the petitioner, has objected to RDR’s withdrawal request. Additionally, the Department has not expended significant resources conducting this review. Therefore, we determine that it is reasonable to extend the ninety day time limit in this instance. Consequently, the Department has accepted RDR’s withdrawal request in this case as timely and is now rescinding this antidumping duty changed circumstances review. U.S. Customs and Border Protection will continue to suspend entries of subject merchandise at the appropriate cash deposit rate for all entries of certain frozen warmwater shrimp from India. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with 19 CFR 351.213(d)(4) and sections 751(b) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: August 17, 2010. Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. FTZ 167 currently consists of two ‘‘sites’’ totaling 4,001 acres in the Green Bay area. The current update does not alter the physical boundaries that have previously been approved, but instead involves an administrative renumbering that separates certain non-contiguous sites for record-keeping purposes. Under this revision, the site list for FTZ 167 will be as follows: Site 1 (60 acres)—located at South Point Road and Airport Road adjacent to Austin Straubel Airport in Ashwaubenon, Brown County; Site 2 (289 acres)— Oshkosh Southwest Development Park located west of Oakwood Road, north of State Highway 91, east of Clairville Road and south of 20th Avenue in the City of Oshkosh and Town of Algoma, Winnebago County; Site 3 (1,654 acres)—Austin Straubel Airport located in Ashwaubenon and Hobart, Brown County; Site 4 (650 acres)— Ashwaubenon Industrial Park located at Adam Drive and Ridge Road in Ashwaubenon and Hobart, Brown County; Site 5 (20 acres)—Seven Generations Corporation (Oneida Tribe Economic Development) facility located west of Packerland Drive, north of Partnership Drive, east of Commodity Lane and south of Glory Road in Ashwaubenon, Brown County; Site 6 (162 acres)—Oneida Industrial Park located at the intersection of East Adam Drive and Short Road in Ashwaubenon, Brown County; Site 7 (10 acres)—the SJ Spanbaurer (Fox Valley Technical College) facility bounded by West 20th Avenue to the north, Oregon Street to the east, West 23rd Avenue to the south and Minnesota Street to the west, in the City of Oshkosh, Winnebago County; and, Site 8 (1,318 acres)—Wittman Regional Airport located in the City of Oshkosh and the Townships of Algoma and Nekimi, Winnebago County. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: August 17, 2010. Andrew McGilvray, Executive Secretary. [FR Doc. 2010–20897 Filed 8–20–10; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2010–20899 Filed 8–20–10; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE erowe on DSK5CLS3C1PROD with NOTICES Foreign-Trade Zones Board Foreign-Trade Zone 167—Green Bay, WI; Site Renumbering Notice Foreign-Trade Zone 167 was approved by the FTZ Board on August 23, 1990 (Board Order 483, 55 FR 35916, 9/4/1990), and expanded on August 4, 2005 (Board Order 1407, 70 FR 48537– 48538, 8/18/2005). VerDate Mar<15>2010 15:31 Aug 20, 2010 Jkt 220001 ACTION: 51757 Addition to the Procurement List. This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities. DATES: Effective Date: September 23, 2010. SUMMARY: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Addition On 7/9/2010 (75 FR 39497–39499), the Committee for Purchase From People Who Are Blind or Severely Disabled published a notice of proposed addition to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agency to provide a service and impact of the addition on the current or most recent contractors, the Committee has determined that the service listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will provide the service to the Government. 2. The action will result in authorizing small entities to provide the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the service proposed for addition to the Procurement List. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED End of Certification Procurement List Addition Service Service Type/Location: Operations and Maintenance Service, Federal Aviation Administration, William J. Hughes Technical Center (Center-wide), Atlantic Committee for Purchase From People Who Are Blind or Severely Disabled. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Accordingly, the following service is added to the Procurement List: E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51756-51757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20897]



[[Page 51756]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Notice of Rescission 
of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES:  Effective Date: August 23, 2010.
SUMMARY: On March 22, 2010, the Department of Commerce (the Department) 
initiated a changed circumstances review of the antidumping duty order 
on certain frozen warmwater shrimp from India to determine whether 
R.D.R. Exports (RDR) is the successor-in-interest company to Jaya Satya 
Marine Exports Pvt. Ltd. (Jaya Satya). See Certain Frozen Warmwater 
Shrimp From India: Initiation of Antidumping Duty Changed-Circumstances 
Review, 75 FR 13492 (Mar. 22, 2010) (Initiation). On July 30, 2010, RDR 
withdrew its request for a changed circumstances review. The Department 
is now rescinding this changed circumstances antidumping duty 
administrative review.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse; AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-6345.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2005, the Department published in the Federal 
Register an antidumping duty order on certain frozen warmwater shrimp 
from India. See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from India, 70 FR 5147 (Feb. 1, 2005).
    On January 25, 2010, RDR requested that the Department conduct an 
expedited changed circumstances review under 19 CFR 351.221(c)(3)(iii) 
to determine whether it is the successor-in-interest to Jaya Satya for 
purposes of determining antidumping liability. On March 22, 2010, the 
Department initiated a changed circumstances review but did not 
expedite the review, as requested by RDR, because we required 
additional information regarding the factual statements forming the 
basis of RDR's changed circumstances review request. See Initiation, 75 
FR at 13493.
    In April, June, and July 2010, we requested further information and 
documentation from RDR to substantiate its claim to be the successor-
in-interest to Jaya Satya. RDR submitted additional information in 
response to the first two of these requests in May and June 2010. On 
July 30, 2010, before the deadline for submitting its response to the 
third additional information request, RDR withdrew its request for a 
changed circumstances review.

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,\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 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), 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 (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 ten 
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 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.

Rescission of Changed Circumstances Review

    Although it does not specifically reference changed circumstances 
reviews, section 351.213(d)(1) of the Department's regulations provides 
that the Department will rescind an administrative review if the party 
requesting the review withdraws its request within ninety days of the 
date of publication of the notice of initiation of the requested 
review. The Department's practice has been to apply this ninety-day 
deadline to changed circumstances review rescission requests. See, 
e.g., Certain Softwood Lumber Products from Canada: Notice

[[Page 51757]]

of Rescission of Antidumping Duty Changed Circumstances Review, 71 FR 
16120 (Mar. 30, 2006). However, 19 CFR 351.213(d)(1) also provides that 
the Department may extend the ninety day time limit for withdrawing the 
request for an administrative review if we determine that it is 
reasonable to do so. In this case, RDR withdrew its request for a 
changed circumstances review on July 30, 2010, which is beyond ninety 
days of the date of initiation. However, we note that no interested 
party, including the petitioner, has objected to RDR's withdrawal 
request. Additionally, the Department has not expended significant 
resources conducting this review. Therefore, we determine that it is 
reasonable to extend the ninety day time limit in this instance. 
Consequently, the Department has accepted RDR's withdrawal request in 
this case as timely and is now rescinding this antidumping duty changed 
circumstances review. U.S. Customs and Border Protection will continue 
to suspend entries of subject merchandise at the appropriate cash 
deposit rate for all entries of certain frozen warmwater shrimp from 
India.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(4) and sections 751(b) and 777(i)(1) of the Tariff Act of 
1930, as amended.

    Dated: August 17, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-20897 Filed 8-20-10; 8:45 am]
BILLING CODE 3510-DS-P