Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 23277-23279 [2011-10080]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Notices Michigan. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110–343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to conduct committee business and to review proposed projects. DATES: The meeting will be held Thursday May 19, 2011 from 6:30 p.m. to 9:30 p.m. ADDRESSES: The meeting will be held at the Mio Ranger Station, 107 McKinley Road, Mio, Michigan 48647. Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Mio Ranger Station. Please call ahead to (989) 826–3252 to facilitate entry into the building to view comments. FOR FURTHER INFORMATION CONTACT: Steven Goldman, Designated Federal Official or Carrie Scott, Natural Resource Planner, Huron-Manistee National Forests, Mio Ranger Station, 107 McKinley Road, Mio, MI 48647; (989) 826–3252. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. Requests for reasonable accomodation for access to the facility or procedings may be made by contacting the person listed For Further Information. SUPPLEMENTARY INFORMATION: The following business will be conducted: (1) Introductions and review of previous meeting; (2) Approve Huron Manistee RAC operating guidelines; (3) Develop and approve rating criteria for Title II projects; (4) Review of Title II project proposals; and (5) Public comment. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by May 18, 2011 to be scheduled on the agenda. VerDate Mar<15>2010 16:09 Apr 25, 2011 Jkt 223001 Written comments and requests for time for oral comments must be sent to Huron Manistee RAC, c/o Mio Ranger Station, 107 McKinley Road, Mio Michigan 48647 or by e-mail to cnscott@fs.fed.us or via facsimile to (989) 826–6073. Dated: April 20, 2011. Steven A. Goldman, Designated Federal Official. 23277 of the rules and regulations of the Commission and FACA. Dated in Washington, DC, April 19, 2011. Peter Minarik, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2011–10000 Filed 4–25–11; 8:45 am] BILLING CODE 6335–01–P [FR Doc. 2011–9994 Filed 4–25–11; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3410–11–P International Trade Administration COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Alaska Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a planning meeting of the Alaska Advisory Committee (Committee) to the Commission will be held on Tuesday, May 17, 2011 at the Loussac Library, 3600 Denali Street, Anchorage, Alaska, 99503. The meeting is scheduled to begin at 2:30 p.m. and adjourn at approximately 5 p.m. The purpose of the meeting is to plan a future civil rights project. Members of the public are entitled to submit written comments. The comments must be received in the Western Regional Office of the Commission by June 17, 2011. The address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Persons wishing to e-mail their comments, or to present their comments verbally at the meeting, or who desire additional information should contact Angelica Trevino, Office Manager, Western Regional Office, at (213) 894–3437, (or for hearing impaired TDD 913–551–1414), or by e-mail to atrevino@usccr.gov. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Western Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, https://www.usccr.gov, or to contact the Western Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 [A–351–838, A–533–840, A–570–893, A–549– 822, A–552–802] Certain Frozen Warmwater Shrimp From Brazil, India, the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 26, 2011. SUMMARY: On April 14, 2010, the U.S. Court of International Trade (‘‘CIT’’) sustained the remand redetermination 1 issued by the Department of Commerce (‘‘Department’’) pursuant to the CIT’s remand order involving the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People’s Republic of China (‘‘PRC’’), Thailand, and the Socialist Republic of Vietnam (‘‘Vietnam’’).2 On March 30, 2011, the U.S. International Trade Commission (‘‘ITC’’) notified the Department of its final determinations in the five-year (sunset) reviews concerning the antidumping duty orders on frozen warmwater shrimp from Brazil, the PRC, India, Thailand, and Vietnam, in which it found that revocation of these orders would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time to a U.S. industry. The ITC also found the domestic like product to include dusted shrimp. See id. at footnote 22. In light of the CIT’s final decision and the ITC’s sunset determination, the Department is now issuing amended antidumping duty orders that include dusted shrimp within the scope of the orders. FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew AGENCY: 1 See Final Results of Redetermination Pursuant to Court Remand, Court No. 05–00192 (October 29, 2009) (‘‘Final Redetermination’’), found at https:// ia.ita.doc.gov/remands/09-69.pdf. 2 See Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (Ct. Int’l Trade 2010) (‘‘Ad Hoc IV’’). E:\FR\FM\26APN1.SGM 26APN1 23278 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–0219 or (202) 482–2312, respectively. SUPPLEMENTARY INFORMATION: Ad Hoc IV arose out of the Department’s final determinations 3 and amended final determinations 4 in the original investigations of certain frozen warmwater shrimp. In Ad Hoc III, the CIT remanded the issue of the Department’s decision to exclude dusted shrimp from the scope of the antidumping duty investigations on certain frozen and canned warmwater shrimp.5 In the Final Redetermination submitted in response to Ad Hoc III, the Department found that dusted shrimp should be included within the scope of the investigations. On April 14, 2010, the CIT affirmed all aspects of the Department’s remand redetermination. 3 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR 76910 (December 23, 2004); Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From Ecuador, 69 FR 76913 (December 23, 2004); Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp From India, 69 FR 76916 (December 23, 2004); Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From the People’s Republic of China, 69 FR 70997 (December 8, 2004); Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp From Thailand, 69 FR 76918 (December 23, 2004); Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From the Socialist Republic of Vietnam, 69 FR 71005 (December 8, 2004). 4 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Brazil, 70 FR 5143 (February 1, 2005); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005); 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 (February 1, 2005); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People’s Republic of China, 70 FR 5149 (February 1, 2005); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 70 FR 5145 (February 1, 2005); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005)(collectively, the ‘‘Shrimp AD Amended Finals and Orders’’). 5 See Ad Hoc Shrimp Trade Action Committee v. United States, 637 F. Supp. 2d 1166 (Ct. Int’l Trade 2009) (‘‘Ad Hoc III’’). VerDate Mar<15>2010 16:09 Apr 25, 2011 Jkt 223001 On September 2, 2010, the Department published in the Federal Register the amended final determinations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the PRC, Thailand, and Vietnam.6 At the time that the Department issued its Second Amended Final Determinations, it did not issue amended antidumping duty orders to include dusted shrimp absent an injury analysis from the ITC. On March 30, 2011, the ITC notified the Department of its final determinations, which addressed the injury analysis with respect to dusted shrimp. See Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam (Investigation Nos. 731–TA–1063, 1064, 1066–1068 (Review), USITC Publication 4221, March 2011 (‘‘ITC Review Final’’). Specifically, the ITC noted that: ‘‘Dusted shrimp,’’ which is now expressly included in the scope definition, was expressly excluded from the scope during the original investigations. In September 2010, Commerce published a notice in the Federal Register amending the scope definition to include ‘‘dusted shrimp’’ pursuant to a court remand. ‘‘Dusted shrimp’’ has not been the subject of any domestic like product arguments in either the original investigations or these reviews. See ITC Review Final at 5–6. In turn, the ITC found that it did not need to make a formal redetermination of its original injury determinations and further stated that ‘‘[b]ecause the scope definition now includes dusted shrimp, and the record provides no basis for treating dusted shrimp as a distinct like product, we define the domestic like product to include dusted shrimp.’’ See id. at footnote 22. As the ITC has found that the domestic like product includes dusted shrimp in its ITC Review Final, the Department is now issuing amended antidumping duty orders. We also note that prior to Ad Hoc IV, the Second Amended Final Determinations, and the ITC Review Final, the Department revoked the antidumping duty order with respect to Ecuador.7 Thus, we are not including 6 See Certain Frozen Warmwater Shrimp From Brazil, India, the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Notice of Amended Final Determinations of Sales at Less Than Fair Value Pursuant to Court Decision, 75 FR 53947 (September 2, 2010) (‘‘Second Amended Final Determinations’’). 7 See Implementation of the Findings of the WTO Panel in United States Antidumping Measure on Shrimp from Ecuador: Notice of Determination Under section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador, 72 FR 48257 (August 23, 2007). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Ecuador in these amended antidumping duty orders pursuant to court decision. Inclusion in the Amended Antidumping Duty Orders As we now find that dusted shrimp is within the scope of the orders, we have included revised scope language below. We note that the original shrimp investigations also included canned warmwater shrimp. However, given that the ITC did not find injury with respect to canned warmwater shrimp in its original investigation and that the subsequent Shrimp AD Amended Finals and Orders did not include canned warmwater shrimp, we are similarly not including any reference to canned warmwater shrimp in the revised scope language. While the Department finds that dusted shrimp are no longer excluded from the scope of the orders, it has retained the five-step definition of the dusting process, as dusting is a necessary precursor for producing battered shrimp, which remains outside the scope. Scope of the Orders The scope of the orders includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,8 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 these orders, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTS’’), 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 8 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\26APN1.SGM 26APN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Notices 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 these orders. In addition, food preparations (including dusted shrimp), which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of these orders. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) Lee Kum Kee’s shrimp sauce; 9 (7) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and (8) certain battered shrimp. Battered shrimp is a shrimpbased 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 individually quick frozen (‘‘IQF’’) freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by these orders are currently classified under the following HTS 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 HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of these orders is dispositive. 9 The specific exclusion for Lee Kum Kee’s shrimp sauce applies only to the scope in the PRC case. VerDate Mar<15>2010 16:09 Apr 25, 2011 Jkt 223001 Collection of Cash Deposits The Department will instruct U.S. Customs and Border Protection to collect cash deposits on all imports of the subject merchandise (including dusted shrimp) entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice. This notice is issued and published in accordance with sections 735(d), 736(a), and 777(i)(1) of the Act. Dated: April 18, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–10080 Filed 4–25–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Amended Final Results of the First Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 26, 2011. FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0219 or (202) 482– 2312, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 23, 2011, the Department of Commerce (‘‘Department’’) published the final results of the first administrative review of the antidumping duty order on certain steel nails (‘‘steel nails’’) from the People’s Republic of China (‘‘PRC’’).1 Also on March 23, 2011, respondent Stanley 2 filed a timely allegation that the Department made two ministerial errors in the Final Results and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. On March 28, 2011, 1 See Certain Steel Nails From the People’s Republic of China: Final Results of the First Antidumping Duty Administrative Review, 76 FR 16379 (March 23, 2011) (‘‘Final Results’’). 2 The Stanley Works (Langfang) Fastening Systems Co., Ltd., the Stanley Works/Stanley Fastening Systems LP, and an unaffiliated wire drawing subcontractor are collectively referred to as ‘‘Stanley’’ in this administrative review. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 23279 Petitioner 3 submitted comments rebutting one of the errors alleged by Stanley. No other party in this proceeding submitted comments on the Department’s final margin calculations. Based upon our analysis of the comments and allegations of ministerial errors, we have made changes to the margin calculations for Stanley, which in turn will also affect the margin for the separate-rate companies, as it was the only individually-reviewed respondent to receive a calculated rate.4 Scope of the Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot-dipping one or more times), phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this proceeding are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65 and 7317.00.75. Excluded from the scope of this proceeding are roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope of this proceeding are corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this proceeding are fasteners suitable 3 Mid 4 See E:\FR\FM\26APN1.SGM Continent Nail Corporation. Final Results, 76 FR at 16381–16382. 26APN1

Agencies

[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23277-23279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-533-840, A-570-893, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China, Thailand, and the Socialist Republic of Vietnam: 
Amended Antidumping Duty Orders in Accordance with Final Court Decision

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

DATES: Effective Date: April 26, 2011.
SUMMARY: On April 14, 2010, the U.S. Court of International Trade 
(``CIT'') sustained the remand redetermination \1\ issued by the 
Department of Commerce (``Department'') pursuant to the CIT's remand 
order involving the antidumping duty investigations of certain frozen 
warmwater shrimp from Brazil, Ecuador, India, the People's Republic of 
China (``PRC''), Thailand, and the Socialist Republic of Vietnam 
(``Vietnam'').\2\ On March 30, 2011, the U.S. International Trade 
Commission (``ITC'') notified the Department of its final 
determinations in the five-year (sunset) reviews concerning the 
antidumping duty orders on frozen warmwater shrimp from Brazil, the 
PRC, India, Thailand, and Vietnam, in which it found that revocation of 
these orders would likely lead to a continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time to a U.S. industry. The ITC also found the domestic 
like product to include dusted shrimp. See id. at footnote 22. In light 
of the CIT's final decision and the ITC's sunset determination, the 
Department is now issuing amended antidumping duty orders that include 
dusted shrimp within the scope of the orders.
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 05-00192 (October 29, 2009) (``Final 
Redetermination''), found at https://ia.ita.doc.gov/remands/09-69.pdf.
    \2\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
703 F. Supp. 2d 1330 (Ct. Int'l Trade 2010) (``Ad Hoc IV'').

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew

[[Page 23278]]

Renkey, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Ave., NW., Washington, DC 20230; telephone: 
---------------------------------------------------------------------------
(202) 482-0219 or (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION: 
    Ad Hoc IV arose out of the Department's final determinations \3\ 
and amended final determinations \4\ in the original investigations of 
certain frozen warmwater shrimp. In Ad Hoc III, the CIT remanded the 
issue of the Department's decision to exclude dusted shrimp from the 
scope of the antidumping duty investigations on certain frozen and 
canned warmwater shrimp.\5\ In the Final Redetermination submitted in 
response to Ad Hoc III, the Department found that dusted shrimp should 
be included within the scope of the investigations. On April 14, 2010, 
the CIT affirmed all aspects of the Department's remand 
redetermination. On September 2, 2010, the Department published in the 
Federal Register the amended final determinations of certain frozen 
warmwater shrimp from Brazil, Ecuador, India, the PRC, Thailand, and 
Vietnam.\6\
---------------------------------------------------------------------------

    \3\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR 
76910 (December 23, 2004); Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp 
From Ecuador, 69 FR 76913 (December 23, 2004); Notice of Final 
Determination of Sales at Less Than Fair Value and Negative Final 
Determination of Critical Circumstances: Certain Frozen and Canned 
Warmwater Shrimp From India, 69 FR 76916 (December 23, 2004); Notice 
of Final Determination of Sales at Less Than Fair Value: Certain 
Frozen and Canned Warmwater Shrimp From the People's Republic of 
China, 69 FR 70997 (December 8, 2004); Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Final Determination of 
Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp 
From Thailand, 69 FR 76918 (December 23, 2004); Final Determination 
of Sales at Less Than Fair Value: Certain Frozen and Canned 
Warmwater Shrimp From the Socialist Republic of Vietnam, 69 FR 71005 
(December 8, 2004).
    \4\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from Brazil, 70 FR 5143 (February 1, 2005); Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order: Certain Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 
(February 1, 2005); 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 (February 1, 2005); Notice 
of Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the 
People's Republic of China, 70 FR 5149 (February 1, 2005); Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Frozen Warmwater Shrimp from 
Thailand, 70 FR 5145 (February 1, 2005); Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the Socialist Republic 
of Vietnam, 70 FR 5152 (February 1, 2005)(collectively, the ``Shrimp 
AD Amended Finals and Orders'').
    \5\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
637 F. Supp. 2d 1166 (Ct. Int'l Trade 2009) (``Ad Hoc III'').
    \6\ See Certain Frozen Warmwater Shrimp From Brazil, India, the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam: Notice of Amended Final Determinations of Sales at Less 
Than Fair Value Pursuant to Court Decision, 75 FR 53947 (September 
2, 2010) (``Second Amended Final Determinations'').
---------------------------------------------------------------------------

    At the time that the Department issued its Second Amended Final 
Determinations, it did not issue amended antidumping duty orders to 
include dusted shrimp absent an injury analysis from the ITC. On March 
30, 2011, the ITC notified the Department of its final determinations, 
which addressed the injury analysis with respect to dusted shrimp. See 
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and 
Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), 
USITC Publication 4221, March 2011 (``ITC Review Final''). 
Specifically, the ITC noted that:

    ``Dusted shrimp,'' which is now expressly included in the scope 
definition, was expressly excluded from the scope during the 
original investigations. In September 2010, Commerce published a 
notice in the Federal Register amending the scope definition to 
include ``dusted shrimp'' pursuant to a court remand. ``Dusted 
shrimp'' has not been the subject of any domestic like product 
arguments in either the original investigations or these reviews.

See ITC Review Final at 5-6. In turn, the ITC found that it did not 
need to make a formal redetermination of its original injury 
determinations and further stated that ``[b]ecause the scope definition 
now includes dusted shrimp, and the record provides no basis for 
treating dusted shrimp as a distinct like product, we define the 
domestic like product to include dusted shrimp.'' See id. at footnote 
22. As the ITC has found that the domestic like product includes dusted 
shrimp in its ITC Review Final, the Department is now issuing amended 
antidumping duty orders.
    We also note that prior to Ad Hoc IV, the Second Amended Final 
Determinations, and the ITC Review Final, the Department revoked the 
antidumping duty order with respect to Ecuador.\7\ Thus, we are not 
including Ecuador in these amended antidumping duty orders pursuant to 
court decision.
---------------------------------------------------------------------------

    \7\ See Implementation of the Findings of the WTO Panel in 
United States Antidumping Measure on Shrimp from Ecuador: Notice of 
Determination Under section 129 of the Uruguay Round Agreements Act 
and Revocation of the Antidumping Duty Order on Frozen Warmwater 
Shrimp from Ecuador, 72 FR 48257 (August 23, 2007).
---------------------------------------------------------------------------

Inclusion in the Amended Antidumping Duty Orders

    As we now find that dusted shrimp is within the scope of the 
orders, we have included revised scope language below. We note that the 
original shrimp investigations also included canned warmwater shrimp. 
However, given that the ITC did not find injury with respect to canned 
warmwater shrimp in its original investigation and that the subsequent 
Shrimp AD Amended Finals and Orders did not include canned warmwater 
shrimp, we are similarly not including any reference to canned 
warmwater shrimp in the revised scope language. While the Department 
finds that dusted shrimp are no longer excluded from the scope of the 
orders, it has retained the five-step definition of the dusting 
process, as dusting is a necessary precursor for producing battered 
shrimp, which remains outside the scope.

Scope of the Orders

    The scope of the orders includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\8\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \8\ ``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 these orders, regardless of definitions in the Harmonized 
Tariff Schedule of the United States (``HTS''), 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

[[Page 23279]]

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 these orders. In addition, food 
preparations (including dusted shrimp), which are not ``prepared 
meals,'' that contain more than 20 percent by weight of shrimp or prawn 
are also included in the scope of these orders.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; \9\ (7) canned 
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and (8) 
certain battered shrimp. Battered 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 individually quick frozen 
(``IQF'') freezing immediately after application of the dusting layer. 
When dusted in accordance with the definition of dusting above, the 
battered shrimp product is also coated with a wet viscous layer 
containing egg and/or milk, and par-fried.
---------------------------------------------------------------------------

    \9\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope in the PRC case.
---------------------------------------------------------------------------

    The products covered by these orders are currently classified under 
the following HTS 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 HTS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of these orders is 
dispositive.

Collection of Cash Deposits

    The Department will instruct U.S. Customs and Border Protection to 
collect cash deposits on all imports of the subject merchandise 
(including dusted shrimp) entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice.
    This notice is issued and published in accordance with sections 
735(d), 736(a), and 777(i)(1) of the Act.

    Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10080 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P

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