Initiation of Five-Year (“Sunset”) Review, 74685-74686 [2010-30237]

Download as PDF Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Background On September 1, 2010, A Foods requested that the Department conduct an expedited changed circumstances review under 19 CFR 351.221(c)(3)(iii) to confirm that A Foods is the successor-in-interest to May Ao for purposes of determining antidumping duty cash deposits and liabilities. On October 6, 2010, the Department initiated this changed circumstances review and published the notice of preliminary results, determining that A Foods is the successor-in-interest to May Ao. See Initiation and Preliminary Results, 75 FR at 61704. In the Initiation and Preliminary Results, we provided all interested parties with an opportunity to comment or request a public hearing regarding our finding that A Foods is the successor-in-interest to May Ao. We received no comments or requests for a public hearing from interested parties within the time period set forth in the Initiation and 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, 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 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. VerDate Mar<15>2010 20:11 Nov 30, 2010 Jkt 223001 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 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 Initiation and Preliminary Results, and because we received no comments from interested parties to the contrary, the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 74685 Department continues to find that A Foods is the successor-in-interest to May Ao. As a result of this determination, we find that A Foods should receive the cash deposit rate previously assigned to May Ao in the most recently completed review of the antidumping duty order on shrimp from Thailand. 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). Consequently, the Department will instruct U.S. Customs and Border Protection to suspend liquidation of all shipments of subject merchandise produced/exported by A Foods and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at 2.61 percent, which is the current antidumping duty cashdeposit rate for May Ao. See Certain Frozen Warmwater Shrimp from Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 75 FR 54847 (Sept. 9, 2010). 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: November 23, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–30233 Filed 11–30–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year review (‘‘Sunset Review’’) of the antidumping duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective Date: December 1, 2010. AGENCY: E:\FR\FM\01DEN1.SGM 01DEN1 74686 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission, at (202) 205–3193. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3 —Policies Regarding the Conduct of Five-Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty orders: 1 DOC case No. ITC case No. Country Product Department contact A–821–801 ............ A–823–801 ............ 731–TA–340–E ..... 731–TA–340–H ..... Russia ................... Ukraine .................. Solid Urea (3rd Review) ........................ Solid Urea (3rd Review) ........................ Dana Mermelstein, (202) 482–1391. Dana Mermelstein, (202) 482–1391. Filing Information jlentini on DSKJ8SOYB1PROD with NOTICES As a courtesy, we are making information related to Sunset proceedings, including copies of the pertinent statute and Department’s regulations, the Department schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department’s Internet Web site at the following address: ‘‘http://ia.ita.doc.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103 (c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The Department’s regulations on submission of proprietary information and eligibility to receive access to 1 The Department was scheduled to initiate the sunset review of the antidumping order on raw pistachios from Iran (A–507–502) in December 2010. However, the recently enacted Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 includes a ban on all U.S. imports from Iran, including pistachios, effective September 29, 2010. See Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, 111 Public Law 195, section 103(b); see also VerDate Mar<15>2010 20:11 Nov 30, 2010 Jkt 223001 business proprietary information under APO can be found at 19 CFR 351.304– 306. Information Required From Interested Parties Domestic interested parties defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b) wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s Iranian Transactions Regulations, 75 FR 59611 (Dept. of Treasury, September 28, 2010). While this import ban remains in effect, 19 U.S.C. 1675(c)(7) provides that the 5-year period from the date of the Department’s prior determination to continue the order in effect is tolled. Accordingly, the Department may not initiate a sunset review of the antidumping order on raw pistachios from Iran until two months after the import ban on pistachios is lifted. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.2 Please consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218 (c). Dated: November 24, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–30237 Filed 11–30–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. AGENCY: ACTION: Notice of decision of panel. 2 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests to extend that five-day deadline based upon a showing of good cause. E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74685-74686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30237]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (``Sunset'') Review

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

SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''), the Department of Commerce (``the 
Department'') is automatically initiating a five-year review (``Sunset 
Review'') of the antidumping duty orders listed below. The 
International Trade Commission (``the Commission'') is publishing 
concurrently with this notice its notice of Institution of Five-Year 
Review which covers the same orders.

DATES: Effective Date: December 1, 2010.

[[Page 74686]]


FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230. For information from the Commission contact Mary Messer, Office 
of Investigations, U.S. International Trade Commission, at (202) 205-
3193.

SUPPLEMENTARY INFORMATION:

Background

    The Department's procedures for the conduct of Sunset Reviews are 
set forth in its Procedures for Conducting Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of Sunset Reviews is set forth in the Department's Policy 
Bulletin 98.3 --Policies Regarding the Conduct of Five-Year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders: 
Policy Bulletin, 63 FR 18871 (April 16, 1998).

Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating the Sunset 
Review of the following antidumping duty orders: \1\
---------------------------------------------------------------------------

    \1\ The Department was scheduled to initiate the sunset review 
of the antidumping order on raw pistachios from Iran (A-507-502) in 
December 2010. However, the recently enacted Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 includes a ban 
on all U.S. imports from Iran, including pistachios, effective 
September 29, 2010. See Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010, 111 Public Law 195, 
section 103(b); see also Iranian Transactions Regulations, 75 FR 
59611 (Dept. of Treasury, September 28, 2010). While this import ban 
remains in effect, 19 U.S.C. 1675(c)(7) provides that the 5-year 
period from the date of the Department's prior determination to 
continue the order in effect is tolled. Accordingly, the Department 
may not initiate a sunset review of the antidumping order on raw 
pistachios from Iran until two months after the import ban on 
pistachios is lifted.

--------------------------------------------------------------------------------------------------------------------------------------------------------
           DOC case No.                  ITC case No.             Country                Product                       Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-821-801.........................  731-TA-340-E.........  Russia...............  Solid Urea (3rd       Dana Mermelstein, (202) 482-1391.
                                                                                   Review).
A-823-801.........................  731-TA-340-H.........  Ukraine..............  Solid Urea (3rd       Dana Mermelstein, (202) 482-1391.
                                                                                   Review).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to Sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's Internet Web site at the 
following address: ``http://ia.ita.doc.gov/sunset/.'' All submissions 
in these Sunset Reviews must be filed in accordance with the 
Department's regulations regarding format, translation, service, and 
certification of documents. These rules can be found at 19 CFR 351.303.
    Pursuant to 19 CFR 351.103 (c), the Department will maintain and 
make available a service list for these proceedings. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact the 
Department in writing within 10 days of the publication of the Notice 
of Initiation.
    Because deadlines in Sunset Reviews can be very short, we urge 
interested parties to apply for access to proprietary information under 
administrative protective order (``APO'') immediately following 
publication in the Federal Register of this notice of initiation by 
filing a notice of intent to participate. The Department's regulations 
on submission of proprietary information and eligibility to receive 
access to business proprietary information under APO can be found at 19 
CFR 351.304-306.

Information Required From Interested Parties

    Domestic interested parties defined in section 771(9)(C), (D), (E), 
(F), and (G) of the Act and 19 CFR 351.102(b) wishing to participate in 
a Sunset Review must respond not later than 15 days after the date of 
publication in the Federal Register of this notice of initiation by 
filing a notice of intent to participate. The required contents of the 
notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with the Department's regulations, if 
we do not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, the Department will 
automatically revoke the order without further review. See 19 CFR 
351.218(d)(1)(iii).
    If we receive an order-specific notice of intent to participate 
from a domestic interested party, the Department's regulations provide 
that all parties wishing to participate in the Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that the Department's information requirements are distinct 
from the Commission's information requirements. Please consult the 
Department's regulations for information regarding the Department's 
conduct of Sunset Reviews.\2\ Please consult the Department's 
regulations at 19 CFR Part 351 for definitions of terms and for other 
general information concerning antidumping and countervailing duty 
proceedings at the Department.
---------------------------------------------------------------------------

    \2\ In comments made on the interim final sunset regulations, a 
number of parties stated that the proposed five-day period for 
rebuttals to substantive responses to a notice of initiation was 
insufficient. This requirement was retained in the final sunset 
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 
351.302(b), however, the Department will consider individual 
requests to extend that five-day deadline based upon a showing of 
good cause.
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    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218 (c).

     Dated: November 24, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-30237 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-DS-P