Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Changed Circumstances Review, 30648-30650 [2011-13105]
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30648
Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices
Dated: May 20, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–13005 Filed 5–25–11; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Amended Final Results of
Antidumping Duty Administrative
Review in Accordance With Final Court
Decision
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 26, 2011.
SUMMARY: On February 14, 2011, the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) affirmed the
United States Court of International
Trade (‘‘CIT’’) decision sustaining the
Department of Commerce
(‘‘Department’’) redetermination on
remand of the 2005–2006 administrative
review of freshwater crawfish tail meat
(‘‘crawfish tail meat’’) from the People’s
Republic of China (‘‘PRC’’).1 In this
redetermination the Department applied
total adverse facts available (‘‘AFA’’) and
assigned the respondent, Xuzhou
Jinjiang Foodstuffs Co., Ltd. (‘‘Xuzhou’’),
an AFA rate of 188.52 percent. As there
is now a final and conclusive court
decision, the Department is amending
its final results.
FOR FURTHER INFORMATION CONTACT:
Rebecca Pandolph or Jeffrey Pedersen,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3627 and (202)
482–2769, respectively.
SUPPLEMENTARY INFORMATION: On April
15, 2008, the Department published its
final results of the antidumping duty
administrative review of crawfish tail
meat from the PRC covering the period
September 1, 2005, through August 31,
2006.2 In the 2005–2006 Final Results,
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AGENCY:
1 See Washington International Insurance
Company v. United States, Court No. 08–CV–0156,
United States Court of Appeals for the Federal
Circuit (Fed. Cir. February 14, 2011) (Rule 36
affirmance) ; see also Washington International
Insurance Company v. United States, Court No. 08–
00156, Slip Op. 10–16 (CIT February 9, 2010)
(‘‘Washington Int’l Insurance Co., Slip Op. 10–16’’).
2 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final Results and
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20:04 May 25, 2011
Jkt 223001
the Department found that Xuzhou
failed to report all of its U.S. sales of
subject merchandise and assigned
Xuzhou the highest rate in the
proceeding as total AFA, i.e., the PRCwide rate of 223.01 percent. The surety
to an importer of subject merchandise
from Xuzhou during the 2005–2006
period of review, Washington
International Insurance Company
(‘‘Washington International’’) challenged
the 2005–2006 Final Results and moved
for judgment upon the agency record.
On July 29, 2009, the CIT remanded
the case for the Department to
reconsider whether circumstances
warranted partial or total AFA and for
redetermination of an AFA rate that
more closely reflected Xuzhou’s thencurrent market practices during the
period of review.3
In its remand redetermination, dated
October 26, 2009, the Department
continued to find that total AFA was
warranted because there were such
extensive omissions in the submitted
data that Xuzhou’s information on the
record could not serve as a reasonably
accurate, reliable basis for reaching a
determination. However, the
Department revised the AFA rate for
Xuzhou to 188.52 percent.
On February 9, 2010, the CIT
sustained the Department’s remand
redetermination, affirming both the
application of total AFA and the revised
AFA rate for Xuzhou.4
Consistent with the CAFC decision in
Timken Co. v. United States, 893 F.2d
337 (Fed. Cir. 1990), the Department
published in the Federal Register a
notice of a court decision that is not ‘‘in
harmony’’ with the Department’s final
determination.5 In this notice, the
Department stated that it would amend
the 2005–2006 Final Results upon a
final and conclusive court decision in
this action.
On April 7, 2010, Washington
International filed an appeal of the CIT’s
decision affirming the Department’s
remand results. On February 14, 2011,
the CAFC affirmed the CIT’s decision
under CAFC Rule 36, which allows the
Court to enter judgment of affirmance
without written opinion. The period for
appeal expired on May 16, 2011.
Partial Rescission of the 2005–2006 Antidumping
Duty Administrative Review and Rescission of
2005–2006 New Shipper Reviews, 73 FR 20249
(April 15, 2008) (‘‘2005–2006 Final Results’’).
3 See Washington International Insurance
Company v. United States, Court No. 08–00156,
Slip Op. 09–78 (CIT July 29, 2009).
4 See Washington Int’l Insurance Co., Slip Op.
10–16.
5 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Notice of Decision of
the Court of nternational Trade Not in Harmony, 75
FR 16427 (April 1, 2010).
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Accordingly, the Department is
amending its 2005–2006 Final Results.
Amended Final Results of Review
Because there is now a final and
conclusive decision in the Court
proceeding, the Department is amending
the final results of the 2005–2006
antidumping duty administrative review
of crawfish tail meat from the PRC to
reflect the revised AFA margin of 188.52
percent for Xuzhou for the period
September 1, 2005, through August 31,
2006.
Assessment
The cash deposit rate for Xuzhou will
continue to be the company-specific rate
established for the company in the
subsequent and most recent period
during which it was reviewed. See
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative and New-Shipper
Reviews, 75 FR 79337 (December 20,
2010). The Department intends to issue
liquidation instructions to U.S. Customs
and Border Protection 15 days after
publication of these amended final
results in the Federal Register.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–13099 Filed 5–25–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final
Results of Antidumping Duty Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that Viet
I-Mei Frozen Foods Co., Ltd. (‘‘Viet IMei’’) is the successor-in-interest to
Grobest & I-Mei Industrial (Vietnam)
Co., Ltd. (‘‘Grobest & I-Mei’’), and should
be accorded the same antidumping duty
treatment as the original company,
Grobest & I-Mei for purposes of the
antidumping duty order on frozen
warmwater shrimp (‘‘shrimp’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).
AGENCY:
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Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices
DATES:
Effective Date: May 26, 2011
Toni
Dach, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 1401 Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1655.
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
On February 1, 2005, the Department
published in the Federal Register the
antidumping duty order for frozen
warmwater shrimp from Vietnam. See
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, 5154–55 (February 1, 2005)
(‘‘Order’’). As a part of the first new
shipper review of shrimp from Vietnam,
Grobest & I-Mei received a separate
antidumping duty cash deposit rate of
zero. See Certain Frozen Warmwater
Shrimp From the Socialist Republic of
Vietnam: Final Results of the First
Antidumping Duty Administrative
Review and First New Shipper Review,
72 FR 52052 (September 12, 2007).
On February 28, 2011, Viet I-Mei
requested that the Department conduct
a changed circumstances review,
claiming that it is the successor-ininterest to Grobest & I-Mei. On April 12,
2011, the Department initiated the
changed circumstances review of
Grobest & I-Mei and preliminarily
determined that Viet I-Mei was the
successor-in-interest to Grobest & I-Mei.
See Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam:
Initiation and Preliminary Results of
Changed Circumstances Review, 76 FR
20318 (April 12, 2011) (‘‘Preliminary
Results’’). In the Preliminary Results, the
Department invited interested parties to
comment. See Preliminary Results. We
received no comments or requests for a
hearing from interested parties.
Scope of the Order
The scope of the order 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,1
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘HTS’’), are products
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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20:04 May 25, 2011
Jkt 223001
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 this order.
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
this order.
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) canned warmwater shrimp
and prawns (HTS subheading
1605.20.10.40); and (7) 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
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30649
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 this order
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
this order is dispositive.
Final Results of Changed
Circumstances Review
For the reasons stated in the
Preliminary Results (which we
incorporate herein by reference), and
because the Department did not receive
any comments on the Preliminary
Results of this review, the Department
continues to find that Viet I-Mei is the
successor-in-interest to Grobest & I-Mei,
for purposes of the antidumping duty
cash-deposit rate. Accordingly, Viet IMei should receive the same
antidumping duty treatment as Grobest
& I-Mei.
Notification
The Department will instruct U.S.
Customs and Border Protection that the
cash deposit determination from this
changed circumstances review will
apply to all shipments of the subject
merchandise produced and exported by
Viet I-Mei Frozen Foods Co., Ltd.
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
changed circumstances review. This
deposit rate shall remain in effect until
further notice.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216.
E:\FR\FM\26MYN1.SGM
26MYN1
30650
Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices
Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–13105 Filed 5–25–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions from the
People’s Republic of China:
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 26, 2011.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (‘‘ITC’’),
the Department is issuing an
antidumping duty order on aluminum
extrusions from the People’s Republic of
China (‘‘PRC’’). On May 13, 2010, the
ITC notified the Department of its
affirmative determination of material
injury by reason of imports of certain
aluminum extrusions from the PRC, and
its negative determination of material
injury, threat of material injury, or that
the establishment of an industry is not
materially retarded by reason of imports
of finished heats sinks from the PRC.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Eugene Degnan, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4474 or (202) 482–
0414, respectively.
SUPPLEMENTARY INFORMATION: In
accordance with sections 735(d) and
777(i)(1) of the Tariff Act of 1930, as
amended (‘‘Act’’), the Department
published the final determination of
sales at less than fair value in the
antidumping investigation of aluminum
extrusions from the PRC. See Aluminum
Extrusions From the People’s Republic
of China: Final Determination of Sales
at Less Than Fair Value, 76 FR 18524
(April 4, 2011) (‘‘Final Determination’’);
see also Aluminum Extrusions From the
People’s Republic of China: Notice of
Correction to the Final Determination of
Sales at Less Than Fair Value, 76 FR
20627 (April 13, 2011).
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Revision of Scope
On April 4, 2011, the Department
published its affirmative final
VerDate Mar<15>2010
20:04 May 25, 2011
Jkt 223001
determination in the investigation. See
Final Determination. On May 13, 2011,
the ITC notified the Department of its
affirmative finding of injury with
respect to imports of certain aluminum
extrusions from the PRC and its negative
injury finding with respect to imports of
finished heat sinks from the PRC. See
Aluminum Extrusions from China
(Investigation No. 731–TA–1177 (Final),
USITC Publication 4229 (May 2011)).
Therefore, the Department is revising
the scope of the subject merchandise
stated in the Final Determination to
exclude finished heat sinks from the
scope of the order. In its instructions to
the investigation questionnaire, the ITC
described heat sinks as a subset of
aluminum extrusions typically used in
electronic equipment as a thermal
controlling tool and stated that they are
usually referred to as (1) heat sink
blanks, (2) fabricated heat sinks, or (3)
finished heat sinks.1 Heat sink blanks
are the full length aluminum extrusions
used to produce finished heat sinks.
These are generally the pre-fabricated,
pre-tested inputs in the production of
heat sinks (post any stretching or aging
processes applied). Fabricated heat
sinks are generally understood to be any
heat sink blank that has been cut-tolength, precision machined, and or
otherwise fabricated to the end product
specifications, but not yet tested,
assembled onto other materials, or
packaged. Finished heat sinks differ
from fabricated heat sinks in that they
have been fully, albeit not necessarily
individually, tested and assured to
comply with the required thermal
performance end-use specifications.
Only finished heat sinks are excluded
from the scope of the order.2 See Scope
of the Order, below.
Scope of the Order
The merchandise covered by the order
is aluminum extrusions which are
shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).
Specifically, the subject merchandise
1 See INSTRUCTION BOOKLET: GENERAL
INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION
QUESTIONNAIRES Aluminum Extrusions from
China Inv. Nos. 701–TA–475 and 731–TA–1177
(Final) at 6–7, located at: https://www.usitc.gov/
trade_remedy/731_ad_701_cvd/investigations/
2010/aluminum_extrusions/final/PDF/
_Instructions_US.pdf.
2 See id.
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Sfmt 4703
made from aluminum alloy with an
Aluminum Association series
designation commencing with the
number 1 contains not less than 99
percent aluminum by weight. The
subject merchandise made from
aluminum alloy with an Aluminum
Association series designation
commencing with the number 3
contains manganese as the major
alloying element, with manganese
accounting for not more than 3.0
percent of total materials by weight. The
subject merchandise is made from an
aluminum alloy with an Aluminum
Association series designation
commencing with the number 6
contains magnesium and silicon as the
major alloying elements, with
magnesium accounting for at least 0.1
percent but not more than 2.0 percent of
total materials by weight, and silicon
accounting for at least 0.1 percent but
not more than 3.0 percent of total
materials by weight. The subject
aluminum extrusions are properly
identified by a four-digit alloy series
without either a decimal point or
leading letter. Illustrative examples from
among the approximately 160 registered
alloys that may characterize the subject
merchandise are as follows: 1350, 3003,
and 6060.
Aluminum extrusions are produced
and imported in a wide variety of
shapes and forms, including, but not
limited to, hollow profiles, other solid
profiles, pipes, tubes, bars, and rods.
Aluminum extrusions that are drawn
subsequent to extrusion (‘‘drawn
aluminum’’) are also included in the
scope.
Aluminum extrusions are produced
and imported with a variety of finishes
(both coatings and surface treatments),
and types of fabrication. The types of
coatings and treatments applied to
subject aluminum extrusions include,
but are not limited to, extrusions that
are mill finished (i.e., without any
coating or further finishing), brushed,
buffed, polished, anodized (including
bright-dip anodized), liquid painted, or
powder coated. Aluminum extrusions
may also be fabricated, i.e., prepared for
assembly. Such operations would
include, but are not limited to,
extrusions that are cut-to-length,
machined, drilled, punched, notched,
bent, stretched, knurled, swedged,
mitered, chamfered, threaded, and spun.
The subject merchandise includes
aluminum extrusions that are finished
(coated, painted, etc.), fabricated, or any
combination thereof.
Subject aluminum extrusions may be
described at the time of importation as
parts for final finished products that are
assembled after importation, including,
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Agencies
[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30648-30650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13105]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined
that Viet I-Mei Frozen Foods Co., Ltd. (``Viet I-Mei'') is the
successor-in-interest to Grobest & I-Mei Industrial (Vietnam) Co., Ltd.
(``Grobest & I-Mei''), and should be accorded the same antidumping duty
treatment as the original company, Grobest & I-Mei for purposes of the
antidumping duty order on frozen warmwater shrimp (``shrimp'') from the
Socialist Republic of Vietnam (``Vietnam'').
[[Page 30649]]
DATES: Effective Date: May 26, 2011
FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1655.
Background
On February 1, 2005, the Department published in the Federal
Register the antidumping duty order for frozen warmwater shrimp from
Vietnam. See 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, 5154-55
(February 1, 2005) (``Order''). As a part of the first new shipper
review of shrimp from Vietnam, Grobest & I-Mei received a separate
antidumping duty cash deposit rate of zero. See Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results
of the First Antidumping Duty Administrative Review and First New
Shipper Review, 72 FR 52052 (September 12, 2007).
On February 28, 2011, Viet I-Mei requested that the Department
conduct a changed circumstances review, claiming that it is the
successor-in-interest to Grobest & I-Mei. On April 12, 2011, the
Department initiated the changed circumstances review of Grobest & I-
Mei and preliminarily determined that Viet I-Mei was the successor-in-
interest to Grobest & I-Mei. See Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Initiation and Preliminary Results of
Changed Circumstances Review, 76 FR 20318 (April 12, 2011)
(``Preliminary Results''). In the Preliminary Results, the Department
invited interested parties to comment. See Preliminary Results. We
received no comments or requests for a hearing from interested parties.
Scope of the Order
The scope of the order 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,\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 this order, 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 this order. 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 this order.
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) canned warmwater shrimp and prawns (HTS
subheading 1605.20.10.40); and (7) 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.
The products covered by this order 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 this order is
dispositive.
Final Results of Changed Circumstances Review
For the reasons stated in the Preliminary Results (which we
incorporate herein by reference), and because the Department did not
receive any comments on the Preliminary Results of this review, the
Department continues to find that Viet I-Mei is the successor-in-
interest to Grobest & I-Mei, for purposes of the antidumping duty cash-
deposit rate. Accordingly, Viet I-Mei should receive the same
antidumping duty treatment as Grobest & I-Mei.
Notification
The Department will instruct U.S. Customs and Border Protection
that the cash deposit determination from this changed circumstances
review will apply to all shipments of the subject merchandise produced
and exported by Viet I-Mei Frozen Foods Co., Ltd. entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this changed circumstances review. This deposit
rate shall remain in effect until further notice.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.
[[Page 30650]]
Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13105 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P