Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Changed Circumstances Review, 52718-52719 [2010-21418]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52718-52719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21418]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Final Results of 
Antidumping Duty Changed Circumstances Review

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


DATES: Effective Date: August 27, 2010.
SUMMARY: On July 28, 2010, the Department of Commerce (the Department) 
published a notice of preliminary results of changed circumstances 
review of the antidumping duty order on certain frozen warmwater shrimp 
(shrimp) from India. See Certain Frozen Warmwater Shrimp From India: 
Final Results of Antidumping Duty Changed Circumstances Review, 75 FR 
44229 (July 28, 2010) (Preliminary Results). In that notice, we 
preliminarily determined that Srikanth International (Srikanth) is the 
successor-in-interest to NGR Aqua International (NGR) for purposes of 
determining antidumping liability. No interested party submitted 
comments on, or requested a public hearing to discuss, the Preliminary 
Results. Therefore, for these final results, the Department continues 
to find that Srikanth is the successor-in-interest to NGR.

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 3, 2010, Srikanth 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 NGR for purposes of determining antidumping liability. On April 1, 
2010, the Department initiated a changed circumstances review but did 
not expedite the review, as requested by Srikanth, because questions 
remained regarding the completeness of the factual statements forming 
the basis of Srikanth's changed circumstances review request. See 
Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping 
Duty Changed Circumstances Review, 75 FR 16436 (Apr. 1, 2010).
    On April 19 and June 3, 2010, we requested further information and 
documentation from Srikanth to substantiate its claim to be the 
successor-in-interest to NGR. Srikanth submitted this information on 
May 6 and June 17, 2010, respectively. On July 28, 2010, the Department 
preliminarily determined that Srikanth is the successor-in-interest to 
NGR for purposes of determining antidumping liability. See Preliminary 
Results, 75 FR at 44230. In the Preliminary Results, we provided all 
interested parties with an opportunity to comment or request a public 
hearing regarding our finding that Srikanth is the successor-in-
interest to NGR. We received no comments or requests for a public 
hearing from interested parties within the time period set forth in the 
Preliminary Results.

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.
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    \1\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    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

[[Page 52719]]

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 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 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 from interested parties to the contrary, the 
Department continues to find that Srikanth is the successor-in-interest 
to NGR. As a result of this determination, we find that Srikanth should 
receive the cash deposit rate previously assigned to NGR in the most 
recently completed review of the antidumping duty order on shrimp from 
India. See Certain Frozen Warmwater Shrimp From India: Final Results of 
Antidumping Duty Administrative Review, Partial Rescission of Review, 
and Notice of Revocation of Order in Part, 75 FR 41813, 41816 (Jul. 19, 
2010). Consequently, the Department will instruct U.S. Customs and 
Border Protection to suspend liquidation of all shipments of subject 
merchandise produced and exported by Srikanth and entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice in the Federal Register at 2.67 percent, which is the 
current cash deposit rate for NGR. See, e.g., Final Results of 
Antidumping Duty Changed Circumstances Review: Certain Circular Welded 
Non-Alloy Steel Pipe and Tube From Mexico, 74 FR 41681, 41682 (Aug., 
18, 2009). This cash deposit requirement shall remain in effect until 
further notice.
    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 
351.221(c)(3).

    Dated: August 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21418 Filed 8-26-10; 8:45 am]
BILLING CODE 3510-DS-P