Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders, 23972-23973 [2011-10427]
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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices
international competitiveness of specific
domestic industries and their abilities to
meet defense program needs. The
information collected from voluntary
surveys will be used to assist small- and
medium-sized firms in defense
transition and in gaining access to
advanced technologies and
manufacturing processes available from
Federal laboratories. The goal is to
improve regions of the country
adversely affected by cutbacks in
defense spending and military base
closures.
II. Method of Collection
Submitted electronically.
III. Data
OMB Control Number: 0694–0083.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
2,400.
Estimated Time Per Response: 1 hour.
Estimated Total Annual Burden
Hours: 2,400.
Estimated Total Annual Cost to
Public: $0.
srobinson on DSKHWCL6B1PROD with NOTICES
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
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collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
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or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: April 26, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–10419 Filed 4–28–11; 8:45 am]
BILLING CODE 3510–33–P
VerDate Mar<15>2010
17:39 Apr 28, 2011
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revoked. See Certain Frozen Warmwater
Shrimp from Brazil, India, the People’s
International Trade Administration
Republic of China, and Thailand: Final
[A–351–838, A–533–840, A–570–893, A–549– Results of the Expedited Sunset Reviews
of the Antidumping Duty Orders, 75 FR
822, A–552–802]
27299 (May 14, 2010). With respect to
Vietnam, the Department conducted a
Certain Frozen Warmwater Shrimp
full sunset review of the antidumping
From Brazil, India, the People’s
duty order and also found that
Republic of China, Thailand, and the
revocation of the antidumping duty
Socialist Republic of Vietnam:
order would be likely to lead to
Continuation of Antidumping Duty
continuation or recurrence of dumping
Orders
and notified the ITC of the magnitude of
AGENCY: Import Administration,
the margins likely to prevail if the order
International Trade Administration,
were to be revoked. See Certain Frozen
Department of Commerce.
Warmwater Shrimp From the Socialist
SUMMARY: As a result of the
Republic of Vietnam: Final Results of
determinations by the Department of
the First Five-year ‘‘Sunset’’ Review of
Commerce (the Department) and the
the Antidumping Duty Order, 75 FR
International Trade Commission (ITC)
75965 (December 7, 2010).
that revocation of the antidumping duty
Prior to the completion of the sunset
orders on certain frozen warmwater
reviews by the Department, on April 14,
shrimp (shrimp) from Brazil, India, the
2010, the United States Court of
People’s Republic of China (PRC),
International Trade (CIT) sustained the
Thailand, and the Socialist Republic of
remand redetermination issued by the
Vietnam (Vietnam) would be likely to
Department pursuant to the CIT’s
lead to continuation or recurrence of
remand order, which found that dusted
dumping and of material injury to an
shrimp should be included within the
industry in the United States within a
scope of the antidumping duty
reasonably foreseeable time, the
investigations of certain frozen
Department is publishing notice of the
warmwater shrimp from Brazil,
continuation of these antidumping duty Ecuador, India, the PRC, Thailand, and
orders.
Vietnam.1 On September 2, 2010, the
DATES: Effective Date: April 29, 2011.
Department published in the Federal
FOR FURTHER INFORMATION CONTACT: Kate Register the amended final
Johnson or David Goldberger, AD/CVD
determinations of certain frozen
Operations, Import Administration,
warmwater shrimp from Brazil, India,
International Trade Administration,
the PRC, Thailand, and Vietnam.2
U.S. Department of Commerce, 14th
On April 5, 2011, the ITC published
Street and Constitution Avenue, NW.,
its determination pursuant to section
Washington, DC 20230; telephone: (202) 751(c) of the Act, that revocation of the
482–4929 or (202) 482–4136,
antidumping duty orders on shrimp
respectively.
from Brazil, India, the PRC, Thailand,
and Vietnam would be likely to lead to
SUPPLEMENTARY INFORMATION:
continuation or recurrence of material
Background
injury to an industry in the United
On January 4, 2010, the Department
States within a reasonably foreseeable
initiated and the ITC instituted sunset
time. See Frozen Warmwater Shrimp
reviews of the antidumping duty orders From Brazil, China, India, Thailand,
on shrimp from Brazil, India, the PRC,
and Vietnam, 76 FR 18782 (April 5,
Thailand, and Vietnam, pursuant to
2011). The ITC also found the domestic
section 751(c) of the Tariff Act of 1930,
like product to include dusted shrimp.
as amended (the Act). See Initiation of
See id. at footnote 22. On April 18,
Five-Year (‘‘Sunset’’) Review, 75 FR 103
2011, the Department amended the
(January 4, 2010), and Frozen
antidumping duty orders to include
Warmwater Shrimp From Brazil, China, dusted shrimp within the scope of the
India, Thailand, and Vietnam, 75 FR
orders.3
1078 (January 8, 2010).
1 See Ad Hoc Shrimp Trade Action Committee v.
The Department conducted expedited
sunset reviews of the antidumping duty United States, 703 F. Supp. 2d 1330 (CIT 2010).
2 See Certain Frozen Warmwater Shrimp From
orders from Brazil, India, the PRC, and
Brazil, India, the People’s Republic of China,
Thailand. As a result of its reviews, the
Thailand, and the Socialist Republic of Vietnam:
Department found that revocation of the Notice of Amended Final Determinations of Sales
at Less Than Fair Value Pursuant to Court Decision,
antidumping duty orders would be
75 FR 53947 (September 2, 2010).
likely to lead to continuation or
3 Certain Frozen Warmwater Shrimp from Brazil,
recurrence of dumping and notified the
India, the People’s Republic of China, Thailand,
ITC of the magnitude of the margins
and the Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final
likely to prevail were the orders to be
DEPARTMENT OF COMMERCE
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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices
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,4
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
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
Court Decision, signed April 18, 2011 (to be
published).
4 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Mar<15>2010
17:39 Apr 28, 2011
Jkt 223001
sauce; 5 (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.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
orders would be likely to lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty orders on shrimp
from Brazil, India, the PRC, Thailand,
and Vietnam.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise.
The effective date of continuation of
these orders will be the date of
publication in the Federal Register of
this notice of Continuation. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
five-year reviews of these orders not
later than March 2016.
5 The
specific exclusion for Lee Kum Kee’s
shrimp sauce applies only to the scope in the PRC
case.
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23973
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 777(i)(1) of the Act.
Date: April 22, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–10427 Filed 4–28–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Notice of
Partial Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 29, 2011.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or George McMahon AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1168 or (202) 482–
1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2010, the Department of
Commerce (‘‘the Department’’) published
a notice of opportunity to request an
administrative review of the
antidumping duty order on certain pasta
from Italy.1 Pursuant to requests from
interested parties, the Department
published in the Federal Register the
notice of initiation of this antidumping
duty administrative review with respect
to the following companies for the
period July 1, 2009, through June 30,
2010: Agritalia S.r.L. (‘‘Agritalia’’),
Domenico Paone fu Erasmo S.p.A.
(‘‘Erasmo’’), Industria Alimentare
Colavita, S.p.A. (‘‘Indalco’’), Labor S.r.L.
(‘‘Labor’’), Molino e Pastificio Tomasello,
S.p.A. (‘‘Tomasello’’), PAM. S.p.A. and
its affiliate, Liguori Pastificio dal 1820
SpA (‘‘PAM’’), P.A.P. SNC Di Pazienza
G.B. & C. (‘‘P.A.P.’’), Premiato Pastificio
Afeltra S.r.L. (‘‘Afeltra’’), Pasta Zara SpA
(‘‘Zara’’), Pastificio Di Martino Gaetano &
F.lli SpA (‘‘Di Martino’’), Pastificio
Fabianelli S.p.A. (‘‘Fabianelli’’),
Pastificio Felicetti SrL (‘‘Felicetti’’),
Pastificio Lucio Garofalo S.p.A.
(‘‘Garofalo’’), Pastificio Riscossa F.lli
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 75 FR 38074
(July 1, 2010).
E:\FR\FM\29APN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 23972-23973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10427]
-----------------------------------------------------------------------
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:
Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping duty orders on certain frozen
warmwater shrimp (shrimp) from Brazil, India, the People's Republic of
China (PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam)
would be likely to lead to continuation or recurrence of dumping and of
material injury to an industry in the United States within a reasonably
foreseeable time, the Department is publishing notice of the
continuation of these antidumping duty orders.
DATES: Effective Date: April 29, 2011.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or David Goldberger, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4929 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2010, the Department initiated and the ITC instituted
sunset reviews of the antidumping duty orders on shrimp from Brazil,
India, the PRC, Thailand, and Vietnam, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act). See Initiation of Five-
Year (``Sunset'') Review, 75 FR 103 (January 4, 2010), and Frozen
Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam, 75
FR 1078 (January 8, 2010).
The Department conducted expedited sunset reviews of the
antidumping duty orders from Brazil, India, the PRC, and Thailand. As a
result of its reviews, the Department found that revocation of the
antidumping duty orders would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the orders to be revoked. See Certain
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of
China, and Thailand: Final Results of the Expedited Sunset Reviews of
the Antidumping Duty Orders, 75 FR 27299 (May 14, 2010). With respect
to Vietnam, the Department conducted a full sunset review of the
antidumping duty order and also found that revocation of the
antidumping duty order would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail if the order were to be revoked. See Certain
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Five-year ``Sunset'' Review of the Antidumping
Duty Order, 75 FR 75965 (December 7, 2010).
Prior to the completion of the sunset reviews by the Department, on
April 14, 2010, the United States Court of International Trade (CIT)
sustained the remand redetermination issued by the Department pursuant
to the CIT's remand order, which found that dusted shrimp should be
included within the scope of the antidumping duty investigations of
certain frozen warmwater shrimp from Brazil, Ecuador, India, the PRC,
Thailand, and Vietnam.\1\ On September 2, 2010, the Department
published in the Federal Register the amended final determinations of
certain frozen warmwater shrimp from Brazil, India, the PRC, Thailand,
and Vietnam.\2\
---------------------------------------------------------------------------
\1\ See Ad Hoc Shrimp Trade Action Committee v. United States,
703 F. Supp. 2d 1330 (CIT 2010).
\2\ 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).
---------------------------------------------------------------------------
On April 5, 2011, the ITC published its determination pursuant to
section 751(c) of the Act, that revocation of the antidumping duty
orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam
would be likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Frozen Warmwater Shrimp From Brazil, China,
India, Thailand, and Vietnam, 76 FR 18782 (April 5, 2011). The ITC also
found the domestic like product to include dusted shrimp. See id. at
footnote 22. On April 18, 2011, the Department amended the antidumping
duty orders to include dusted shrimp within the scope of the orders.\3\
---------------------------------------------------------------------------
\3\ 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, signed April 18, 2011 (to be published).
---------------------------------------------------------------------------
[[Page 23973]]
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,\4\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\4\ ``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 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; \5\ (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.
---------------------------------------------------------------------------
\5\ 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.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty orders would be likely to lead
to continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty orders on shrimp from Brazil, India, the PRC, Thailand, and
Vietnam.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of these orders will be the date
of publication in the Federal Register of this notice of Continuation.
Pursuant to section 751(c)(2) of the Act, the Department intends to
initiate the next five-year reviews of these orders not later than
March 2016.
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 777(i)(1) of the Act.
Date: April 22, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10427 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-DS-P
