Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Five-year “Sunset” Review of the Antidumping Duty Order, 75965-75967 [2010-30664]
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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
Dated: November 30, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–30666 Filed 12–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of the First
Five-year ‘‘Sunset’’ Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 4, 2010, the
Department of Commerce (‘‘the
Department’’) published the notice of
initiation of the first sunset review of
the antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). On the basis of the notices
of intent to participate by domestic
interested parties and adequate
substantive responses filed on behalf of
the domestic and respondent interested
parties, the Department conducted a full
sunset review of the antidumping duty
order pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.218(e)(2)(i). As a
result of this sunset review, the
Department finds that revocation of the
antidumping duty order would likely
lead to continuation or recurrence of
dumping at the levels listed below in
the section entitled ‘‘Final Results of
Review.’’
AGENCY:
Effective Date: December 7, 2010.
Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: 202–482–4047.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
emcdonald on DSK2BSOYB1PROD with NOTICES
Background
On January 4, 2010, the Department
published in the Federal Register the
notice of initiation of its sunset reviews
of the antidumping duty orders on
certain frozen warmwater shrimp from
Brazil, the People’s Republic of China,
India, Thailand, and Vietnam, in
accordance with section 751(c) of the
Act. See Initiation of Five-Year
VerDate Mar<15>2010
18:39 Dec 06, 2010
Jkt 223001
(‘‘Sunset’’) Review, 75 FR 103 (January 4,
2010) (‘‘Notice of Initiation’’).
The Department received notices of
intent to participate from domestic
interested parties, the Ad Hoc Shrimp
Trade Action Committee (‘‘AHSTAC’’),
and the American Shrimp Processors
Association (‘‘ASPA’’), within the 15-day
deadline specified in 19 CFR
351.218(d)(1)(i). The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act, as manufacturers of a domesticlike product in the United States.
The Department received substantive
responses to the Notice of Initiation
from respondent interested parties
(collectively ‘‘Vietnamese Respondents’’)
and domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). On February 12, 2010,
Vietnamese Respondents and ASPA
filed rebuttal comments to parties’
substantive responses.
19 CFR 351.218(e)(1)(ii)(A) provides
that the Secretary normally will
conclude that respondent interested
parties have provided adequate
response to a notice of initiation where
the Department receives complete
substantive responses from respondent
interested parties accounting on average
for more than 50 percent, by volume, or
value, if appropriate, of the total exports
of the subject merchandise to the United
States over the five calendar years
preceding the year of publication of the
notice of initiation. On March 2, 2010,
the Department determined that
Vietnamese Respondents accounted for
more than 50 percent of exports by
volume of the subject merchandise and,
therefore, submitted an adequate
substantive response to the
Department’s Notice of Initiation. See
Memorandum to James C. Doyle:
Adequacy Determination in
Antidumping Duty Sunset Review of
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam, dated
March 2, 2010. The Department also
determined that domestic interested
parties submitted an adequate response
as at least one domestic interested party
submitted a complete substantive
response. See 19 CRF 351.218(e)(1)(i). In
accordance with 19 CFR
351.218(e)(2)(i), the Department
determined to conduct a full sunset
review of this antidumping duty order.
On May 6, 2010, in accordance with
section 751(c)(5)(B) of the Act, the
Department extended the deadlines for
the preliminary and final results of this
sunset review by 90 days from the
scheduled dates. See Certain Frozen
Warmwater Shrimp from the Socialist
Republic of Vietnam: Extension of Time
Limits for Preliminary and Final Results
PO 00000
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Fmt 4703
Sfmt 4703
75965
of Full Five-year (‘‘Sunset’’) Review of
Antidumping Duty Order, 75 FR 24883
(May 6, 2010).
The Department published the
preliminary results of this sunset review
on August 6, 2010. See Certain Frozen
Warmwater Shrimp from the Socialist
Republic of Vietnam: Preliminary
Results of the First Five-year ‘‘Sunset’’
Review of the Antidumping Duty Order,
75 FR 47546 (August 6, 2010)
(‘‘Preliminary Results’’). In the
Preliminary Results, the Department
found that revocation of the order
would likely result in continuation or
recurrence of dumping at margins found
in the original investigation.
On September 7, 2010, within the
deadline specified in 19 CFR
351.309(c)(1)(i), the Department
received a case brief on behalf of
Vietnamese Respondents. On September
13, 2010, the Department received
rebuttal briefs on behalf of AHSTAC and
ASPA.
Scope of the Order
The scope of the 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
the 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),
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
E:\FR\FM\07DEN1.SGM
07DEN1
75966
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of the 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 the 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 the 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
the order is dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the Final
Results of the First Sunset Review of the
Antidumping Duty Order on Certain
Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam’’ to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration,
dated November 30, 2010 (‘‘Decision
Memo’’), which is hereby adopted by
this notice. The issues discussed in the
Decision Memo include the likelihood
of continuation or recurrence of
dumping and the magnitude of the
margins likely to prevail if the
antidumping duty order were revoked.
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit, room 7046 of the
main Commerce Department building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision Memo
are identical in content.
Final Results of Review
The Department determines that
revocation of the antidumping duty
order on certain frozen warmwater
shrimp from Vietnam is likely to lead to
continuation or recurrence of dumping
at the following weighted-average
margins:
CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM
Weightedaverage
margin
(percent)
emcdonald on DSK2BSOYB1PROD with NOTICES
Manufacturer/Exporter
Bac Lieu Fisheries Joint Stock Company ...............................................................................................................................................
Bim Seafood Joint Stock Company .........................................................................................................................................................
C.P. Vietnam Livestock Corporation .......................................................................................................................................................
Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco Vietname’’) ......................................................................................................
Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘Cadovimex-Vietnam’’) .....................................................
Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corporation’’) aka Camranh Seafoods ..................................................................
Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’) .....................................................................................
Cam Ranh Seafoods Processing Enterprise PTE (‘‘Cam Ranh Seafoods’’) ..........................................................................................
Coastal Fishery Development Corporation (‘‘COFIDEC’’) .......................................................................................................................
Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) .............................................................................................................................
Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) (and its affiliate Tho Quang Seafood Processing & Export
Company) .............................................................................................................................................................................................
Grobest & I–Mei Industry (Vietnam) Co., Ltd ..........................................................................................................................................
Investment Commerce Fisheries Corporation (‘‘Incomfish’’) ...................................................................................................................
Minh Hai Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Jostoco’’) ...................................................................
Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) ....................................................................................
Minh Phu Seafood Corp. (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively ‘‘Minh Phu
Group’’) .................................................................................................................................................................................................
Ngoc Sinh Private Enterprise ..................................................................................................................................................................
Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) ...........................................................................................................
Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) ...................................................................................................................
Phu Cuong Seafood Processing & Import-Export Co., Ltd .....................................................................................................................
Phuong Nam Co., Ltd ..............................................................................................................................................................................
Sao Ta Foods Joint Stock Company (‘‘FIMEX VN’’) ...............................................................................................................................
Soc Trang Seafood Joint Stock Company (‘‘STAPIMEX’’) .....................................................................................................................
Thuan Phuoc Seafoods and Trading Corporation (and its affiliates Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory) ...................................................................................................................................................
UTXI Aquatic Products Processing Corporation .....................................................................................................................................
Viet Foods Co., Ltd ..................................................................................................................................................................................
Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One Co., Ltd .................................................................................................................
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18:39 Dec 06, 2010
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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
75967
CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM—Continued
Weightedaverage
margin
(percent)
Manufacturer/Exporter
Vinh Loi Import Export Company (‘‘VIMEX’’) ..........................................................................................................................................
Vietnam-Wide Entity ................................................................................................................................................................................
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 APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This five-year (‘‘sunset’’) review and
notice are in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act.
Dated: November 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–30664 Filed 12–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Commerce Spectrum Management
Advisory Committee, Call for
Applications
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice and Call for Applications
to Serve on Advisory Committee.
AGENCY:
The National
Telecommunications and Information
Administration (NTIA) is seeking
applications from persons interested in
serving on the Department of Commerce
Spectrum Management Advisory
Committee (CSMAC) for new two-year
terms. The CSMAC provides advice to
the Assistant Secretary for
Communications and Information and
NTIA Administrator on spectrum policy
matters.
DATES: Nominations must be
postmarked or electronically
transmitted on or before January 10,
2011.
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:39 Dec 06, 2010
Jkt 223001
Persons may submit
applications, with the information
specified below, to Joe Gattuso,
Designated Federal Officer, by e-mail to
spectrumadvisory@ntia.doc.gov; by U.S.
mail or commercial delivery service to
Office of Policy Analysis and
Development, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue, NW., Room 4725, Washington,
DC 20230; or by facsimile transmission
to (202) 482–6173.
FOR FURTHER INFORMATION CONTACT: Joe
Gattuso at (202) 482–0977 or
jgattuso@ntia.doc.gov.
SUPPLEMENTARY INFORMATION: The
CSMAC was first chartered in 2005
under the Federal Advisory Committee
Act (FACA), 5 U.S.C. App. 2, to carry
out the functions of the National
Telecommunications and Information
Administration Act, 47 U.S.C. 904(b).
The Department of Commerce last
renewed the CSMAC’s charter on April
6, 2009. The CSMAC advises the
Assistant Secretary of Commerce for
Communications and Information on a
broad range of issues regarding
spectrum policy. In particular, the
current charter provides that the
CSMAC will provide advice and
recommendations on needed reforms to
domestic spectrum policies and
management in order to: License radio
frequencies in a way that maximizes
their public benefit; keep wireless
networks as open to innovation as
possible; and make wireless services
available to all Americans. The CSMAC
functions solely as an advisory body in
compliance with the Federal Advisory
Committee Act (FACA). Additional
information about the CSMAC and its
activities may be found at https://
www.ntia.doc.gov/advisory/spectrum.
Under the terms of the charter, the
Secretary appoints members of the
CSMAC based on their expertise in
radio spectrum policy and not to
represent any organization or interest.
The members serve on the CSMAC in
the capacity of Special Government
Employee. Members may not receive
compensation or reimbursement for
travel or for per diem expenses.
The Secretary of Commerce appoints
members for two-year terms. There are
ADDRESSES:
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4.57
25.76
currently 25 members, the maximum
permitted by the charter. NTIA seeks
applicants for vacancies that will occur
when the appointments of 18 members
expire on January 13, 2011.
NTIA expects that, starting in 2011,
the CSMAC’s work will focus on how
best to execute the mandate of the
President’s spectrum initiative, and
specifically the ‘‘Plan and Timetable to
Make Available 500 Megahertz of
Spectrum for Wireless Broadband.’’
(Available at https://www.ntia.doc.gov/
reports/2010/
TenYearPlan_11152010.pdf; see also
fact sheet at https://www.ntia.doc.gov/
press/2010/
SpectrumReports_11152010.html.)
Thus, NTIA seeks in particular
applicants with strong technical and
engineering knowledge and experience,
familiarity with commercial or private
wireless technologies and associated
business plans, or expertise with
specific applications of wireless
technologies, such as Smart Grid or
health information technologies. The
Secretary will appoint members such
that the CSMAC is fairly balanced in
terms of the points of view represented
by the members. To achieve this
diversity of viewpoints, the Secretary
appoints members from industry,
academia, not-for-profit organizations,
public advocacy, and civil society with
professional or personal qualifications
or experience that will both contribute
to the CSMAC’s work and achieve
balance. The Secretary will consider
factors including, but not limited to,
educational background, past work or
academic accomplishments, and the
industry sector in which a member is
currently or previously employed. All
appointments are made without
discrimination on the basis of age,
ethnicity, gender, sexual orientation,
disability, or cultural, religious, or
socioeconomic status. Members may
not, however, be federally registered
lobbyists.
Persons may submit applications,
with the information specified below, to
Joe Gattuso, Designated Federal Officer,
by e-mail to
spectrumadvisory@ntia.doc.gov; by U.S.
mail or commercial delivery service to
Office of Policy Analysis and
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 75965-75967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30664]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of the First Five-year ``Sunset'' Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 4, 2010, the Department of Commerce (``the
Department'') published the notice of initiation of the first sunset
review of the antidumping duty order on certain frozen warmwater shrimp
from the Socialist Republic of Vietnam (``Vietnam''). On the basis of
the notices of intent to participate by domestic interested parties and
adequate substantive responses filed on behalf of the domestic and
respondent interested parties, the Department conducted a full sunset
review of the antidumping duty order pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.218(e)(2)(i). As a result of this sunset review, the Department
finds that revocation of the antidumping duty order would likely lead
to continuation or recurrence of dumping at the levels listed below in
the section entitled ``Final Results of Review.''
DATES: Effective Date: December 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: 202-482-4047.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2010, the Department published in the Federal
Register the notice of initiation of its sunset reviews of the
antidumping duty orders on certain frozen warmwater shrimp from Brazil,
the People's Republic of China, India, Thailand, and Vietnam, in
accordance with section 751(c) of the Act. See Initiation of Five-Year
(``Sunset'') Review, 75 FR 103 (January 4, 2010) (``Notice of
Initiation'').
The Department received notices of intent to participate from
domestic interested parties, the Ad Hoc Shrimp Trade Action Committee
(``AHSTAC''), and the American Shrimp Processors Association
(``ASPA''), within the 15-day deadline specified in 19 CFR
351.218(d)(1)(i). The domestic interested parties claimed interested
party status under section 771(9)(C) of the Act, as manufacturers of a
domestic-like product in the United States.
The Department received substantive responses to the Notice of
Initiation from respondent interested parties (collectively
``Vietnamese Respondents'') and domestic interested parties within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i). On February 12,
2010, Vietnamese Respondents and ASPA filed rebuttal comments to
parties' substantive responses.
19 CFR 351.218(e)(1)(ii)(A) provides that the Secretary normally
will conclude that respondent interested parties have provided adequate
response to a notice of initiation where the Department receives
complete substantive responses from respondent interested parties
accounting on average for more than 50 percent, by volume, or value, if
appropriate, of the total exports of the subject merchandise to the
United States over the five calendar years preceding the year of
publication of the notice of initiation. On March 2, 2010, the
Department determined that Vietnamese Respondents accounted for more
than 50 percent of exports by volume of the subject merchandise and,
therefore, submitted an adequate substantive response to the
Department's Notice of Initiation. See Memorandum to James C. Doyle:
Adequacy Determination in Antidumping Duty Sunset Review of Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, dated
March 2, 2010. The Department also determined that domestic interested
parties submitted an adequate response as at least one domestic
interested party submitted a complete substantive response. See 19 CRF
351.218(e)(1)(i). In accordance with 19 CFR 351.218(e)(2)(i), the
Department determined to conduct a full sunset review of this
antidumping duty order.
On May 6, 2010, in accordance with section 751(c)(5)(B) of the Act,
the Department extended the deadlines for the preliminary and final
results of this sunset review by 90 days from the scheduled dates. See
Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam:
Extension of Time Limits for Preliminary and Final Results of Full
Five-year (``Sunset'') Review of Antidumping Duty Order, 75 FR 24883
(May 6, 2010).
The Department published the preliminary results of this sunset
review on August 6, 2010. See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of the First Five-
year ``Sunset'' Review of the Antidumping Duty Order, 75 FR 47546
(August 6, 2010) (``Preliminary Results''). In the Preliminary Results,
the Department found that revocation of the order would likely result
in continuation or recurrence of dumping at margins found in the
original investigation.
On September 7, 2010, within the deadline specified in 19 CFR
351.309(c)(1)(i), the Department received a case brief on behalf of
Vietnamese Respondents. On September 13, 2010, the Department received
rebuttal briefs on behalf of AHSTAC and ASPA.
Scope of the Order
The scope of the 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 the 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),
[[Page 75966]]
and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of the 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 the 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 the 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 the order is
dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
``Issues and Decision Memorandum for the Final Results of the First
Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam'' to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, dated November
30, 2010 (``Decision Memo''), which is hereby adopted by this notice.
The issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the antidumping duty order were revoked. Parties
can find a complete discussion of all issues raised in this sunset
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit, room 7046 of the main
Commerce Department building. In addition, a complete version of the
Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memo are identical in content.
Final Results of Review
The Department determines that revocation of the antidumping duty
order on certain frozen warmwater shrimp from Vietnam is likely to lead
to continuation or recurrence of dumping at the following weighted-
average margins:
Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint Stock Company..................... 4.57
Bim Seafood Joint Stock Company............................ 4.57
C.P. Vietnam Livestock Corporation......................... 4.57
Ca Mau Seafood Joint Stock Company (``Seaprimexco 4.57
Vietname'')...............................................
Cadovimex Seafood Import-Export and Processing Joint Stock 4.57
Company (``Cadovimex-Vietnam'')...........................
Cafatex Fishery Joint Stock Corporation (``Cafatex 4.57
Corporation'') aka Camranh Seafoods.......................
Camau Frozen Seafood Processing Import Export Corporation 5.24
(``CAMIMEX'').............................................
Cam Ranh Seafoods Processing Enterprise PTE (``Cam Ranh 4.57
Seafoods'')...............................................
Coastal Fishery Development Corporation (``COFIDEC'')...... 4.57
Cuulong Seaproducts Company (``Cuulong Seapro'')........... 4.57
Danang Seaproducts Import Export Corporation (``Seaprodex 4.57
Danang'') (and its affiliate Tho Quang Seafood Processing
& Export Company).........................................
Grobest & I-Mei Industry (Vietnam) Co., Ltd................ 4.57
Investment Commerce Fisheries Corporation (``Incomfish'').. 4.57
Minh Hai Export Frozen Seafood Processing Joint Stock 4.57
Company (``Minh Hai Jostoco'')............................
Minh Hai Joint-Stock Seafoods Processing Company 4.30
(``Seaprodex Minh Hai'')..................................
Minh Phu Seafood Corp. (and its affiliates Minh Qui Seafood 4.38
Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively
``Minh Phu Group'').......................................
Ngoc Sinh Private Enterprise............................... 4.57
Nha Trang Fisheries Joint Stock Company (``Nha Trang 4.57
Fisco'')..................................................
Nha Trang Seaproduct Company (``Nha Trang Seafoods'')...... 4.57
Phu Cuong Seafood Processing & Import-Export Co., Ltd...... 4.57
Phuong Nam Co., Ltd........................................ 4.57
Sao Ta Foods Joint Stock Company (``FIMEX VN'')............ 4.57
Soc Trang Seafood Joint Stock Company (``STAPIMEX'')....... 4.57
Thuan Phuoc Seafoods and Trading Corporation (and its 4.57
affiliates Frozen Seafoods Factory No. 32, Seafoods and
Foodstuff Factory, and My Son Seafoods Factory)...........
UTXI Aquatic Products Processing Corporation............... 4.57
Viet Foods Co., Ltd........................................ 4.57
Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One Co., Ltd.. 4.57
[[Page 75967]]
Vinh Loi Import Export Company (``VIMEX'')................. 4.57
Vietnam-Wide Entity........................................ 25.76
------------------------------------------------------------------------
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
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: November 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-30664 Filed 12-6-10; 8:45 am]
BILLING CODE 3510-DS-P
