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