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]

Download as PDF 23972 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 clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques 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 Jkt 223001 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 srobinson on DSKHWCL6B1PROD with NOTICES 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 29APN1

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]


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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: 
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