Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review, 20358-20360 [2012-8110]
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20358
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
emcdonald on DSK29S0YB1PROD with NOTICES
valorem assessment rates based on the
ratio of the total amount of the dumping
duties calculated for the examined sales
to the total entered value of those same
sales. See 19 CFR 351.212(b)(1).
However, where the respondent did not
report the entered value for its sales, we
have calculated importer-specific (or
customer-specific) per-unit assessment
rates by aggregating the total amount of
antidumping duties calculated for the
examined sales and dividing this
amount by the total quantity of those
sales.2 We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., at or
above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate, without regard to
antidumping duties, any entries for
which the assessment rate is de
minimis. The Department intends to
issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of these
final results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.3 This clarification applies
to entries of subject merchandise during
the period of review produced by JBF
for which JBF did not know the
merchandise it sold to an intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate non-reviewed
entries at the all-others rate of 4.05
percent from the investigation if there is
no rate for the intermediate
company(ies) involved in the
transaction.4
2 JBF notified CBP in a ‘‘prior disclosure’’ letter
that some entries of subject merchandise were
misidentified as ‘‘free and dutiable’’ entries at the
time of entry. A ‘‘prior disclosure’’ letter is
provided for in CBP’s regulations (19 CFR 162.74).
The letter allows importers to correct mistakes
made during the entry process on their initiative,
thus avoiding possible sanctions or penalties. JBF
has certified that it is working with CBP to ensure
these entries are properly classified, and the
Department is working with CBP to ensure that all
entries, including those misidentified, will be
assessed at the appropriate rate in accordance with
these final results.
3 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
4 See id.; see also Polyethylene Terephthalate
Film, Sheet, and Strip From Brazil, the People’s
Republic of China and the United Arab Emirates:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value for
the United Arab Emirates, 73 FR 66595 (November
10, 2008) (Order).
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15:28 Apr 03, 2012
Jkt 226001
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For the company
covered by this review, the cash deposit
rate will be the rate listed above in the
section ‘‘Final Results of Review’’; (2)
for merchandise exported by producers
or exporters not covered in this review
but covered in a previous segment of
this proceeding, the cash deposit rate
will continue to be the companyspecific rate published in the most
recent final results in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review or in any previous segment of
this proceeding, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
most recent final results in which that
producer participated; and, (4) if neither
the exporter nor the producer is a firm
covered in this review or in any
previous segment of this proceeding, the
cash deposit rate will be 4.05 percent,
the all-others rate established in the less
than fair value investigation.5 These
deposit requirements shall remain in
effect until further notice.
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred, and in the
5 See
PO 00000
Order.
Frm 00006
Fmt 4703
Sfmt 4703
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Zeroing
Comment 2: Deductions from Home Market
Price
[FR Doc. 2012–8108 Filed 4–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the new shipper review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’).1 We gave interested
parties an opportunity to comment on
the Preliminary Results. None were
submitted. As a result, these final
results do not differ from the
Preliminary Results. The final dumping
margin for Thong Thuan Company
Limited, and its subsidiary company,
Thong Thuan Seafood Company
Limited (collectively, ‘‘Thong Thuan’’)
for the period of review (‘‘POR’’)
February 1, 2010, through January 31,
2011, is listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: April 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4031.
AGENCY:
1 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty New Shipper Review, 77 FR
1053 (January 9, 2012) (‘‘Preliminary Results’’).
E:\FR\FM\04APN1.SGM
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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 9, 2012,
the Department published the
Preliminary Results of the
administrative review of shrimp from
Vietnam. The Department did not
receive comments from interested
parties on the Preliminary Results.
Changes Since the Preliminary Results
We have not made any changes to the
Preliminary Results.
emcdonald on DSK29S0YB1PROD with NOTICES
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,2
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
the order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘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 the 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
the order.
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
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 3; (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 the 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 the order is
dispositive.4
3 The specific exclusion for Lee Kum Kee’s
shrimp sauce applies only to the scope in the
People’s Republic of China case.
4 On April 26, 2011, the Department amended the
antidumping duty order to include dusted shrimp,
pursuant to the U.S. Court of International Trade
(‘‘CIT’’) decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330
(CIT 2010) and the U.S. International Trade
Commission determination, which found the
domestic like product to include dusted shrimp.
Because the amendment of the antidumping duty
order occurred after this POR, dusted shrimp
continue to be excluded in this review. See 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, 76 FR 23227 (April 26, 2011); see
also Ad Hoc Shrimp Trade Action Committee v.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
20359
Final Results of Review
The dumping margin for the POR is
as follows:
Manufacturer/Exporter
Thong Thuan Company Limited and its subsidiary
company, Thong Thuan
Seafood Company Limited
Margin
0.00%
Assessment
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to 19 CFR
351.212(b)(1), we will calculate
importer-specific (or customer) ad
valorem duty assessment rates based on
the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. In accordance
with 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate, without regard
to antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit
requirement will be effective upon
publication of the final results of this
NSR for all shipments of subject
merchandise produced and exported
from Thong Thuan entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by
Thong Thuan, the cash deposit rate will
be the rate established in the final
results of this NSR. If the cash deposit
rate calculated in the final results is zero
or de minimis, no cash deposit will be
required for the specific producerexporter combination listed above; (2)
for subject merchandise exported by
Thong Thuan but not manufactured by
Thong Thuan, the cash deposit rate will
continue to be the Vietnam-wide rate
(i.e., 25.76 percent); and (3) for subject
merchandise manufactured by Thong
Thuan, but exported by any other party,
the cash deposit rate will be the
Vietnam-wide rate (i.e., 25.76 percent).
United States, 703 F. Supp. 2d 1330 (CIT 2010) and
Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011.
E:\FR\FM\04APN1.SGM
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20360
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
The cash deposit requirement, when
imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
In accordance with 19 CFR
351.305(a)(3), this notice also serves as
a reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
which continues to govern business
proprietary information in this segment
of the proceeding. 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 violation
subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–8110 Filed 4–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
emcdonald on DSK29S0YB1PROD with NOTICES
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before April 24,
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
2012. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 12–008. Applicant:
Stevens Institute of Technology, Castle
Point on Hudson, Hoboken, NJ 07030.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used to study the interfacial
wetting phenomena and develop robust
superhydrophobic surfaces for anticorrosion and anti-icing surfaces. The
experiments will involve the
examination of evaporation,
condensation, and icing of water
droplets on nanostructured surfaces.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: March 8,
2012.
Docket Number: 12–009. Applicant:
Humboldt State University Sponsored
Programs Foundation, 1 Harpst St.,
Arcata, CA 95521. Instrument: Electron
Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: The instrument will be used in
research activities including olfactory
epithelium of amphibians, plant
gravitropism, analyses of high
temperature and high pressure
mineralogy and petrology experiments,
analyses of the microstructures and rock
textures formed in active fault zones,
and the weathering properties of
minerals and formation of soils.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: March 5,
2012.
Docket Number: 12–010. Applicant:
Howard Hughes Medical Institute, 4000
Jones Bridge Rd., Chevy Chase, MD
20815. Instrument: Electron Microscope.
Manufacturer: FEI Company, The
Netherlands. Intended Use: The
instrument will be used for medical
research; the proteins to be studied are
often malfunctioning in diseases such as
diabetes, cancer and heath disease, and
understanding how the proteins are
built can help in understanding what
goes wrong and help to design
pharmaceuticals to correct the problem.
The instrument will also be used to
teach students in the use of electron
microscopy for protein structure
determination. Justification for DutyFree Entry: There are no instruments of
the same general category manufactured
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
in the United States. Application
accepted by Commissioner of Customs:
March 19, 2012.
Docket Number: 12–012. Applicant:
Alliance for Sustainable Energy, 1617
Cole Blvd. Golden, CO 80401–3305.
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used in part as rapid feedback
for synthesis of inorganic solution
fabricated nanocrystals. By allowing a
user to image their sample immediately
following synthesis, the tool will allow
development of new material with
better monodispersity, size and shape
control. The main experiments to be
conducted are imaging at low and high
resolution, with additional capabilities
such as material identification using
EDAX and electron diffraction.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: March 19,
2012.
Docket Number: 12–014. Applicant:
California Institute of Technology, 1200
E. California Blvd. Pasadena, CA 91125.
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used to study semiconductors
and heterogeneous catalysts in order to
accelerate the rate of discovery of Earthabundant, robust materials that can
capture and convert the energy of
sunlight into chemical fuels. The
objective is to quantitatively
characterize material morphology,
conductivity and composition, which
will aid in analyzing results from
performance testing via
electrochemistry and other techniques.
The instrument will enable higherprecision nano-micro scale images of
the materials, and it will also allow
elemental analysis and current
mapping. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: March 19,
2012.
Docket Number: 12–015. Applicant:
University of Nebraska-Lincoln, 1700 Y
St., Lincoln, NE 68588. Manufacturer:
FEI Company, Czech Republic. Intended
Use: The instrument will be used for
detailed characterization of surface and
near-surface topography, dimensions,
and elemental composition of chiral
nanostructured hybrid materials, novel
low work function and semiconducting
materials, nanoscale hard magnet
materials, as well as many other metals,
ceramics, and composite materials. The
properties to be studied are magnetic,
electronic, mechanical, optical, and
other properties that are enhanced or
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20358-20360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8110]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2012, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the new shipper review of the antidumping duty order on
certain frozen warmwater shrimp (``shrimp'') from the Socialist
Republic of Vietnam (``Vietnam'').\1\ We gave interested parties an
opportunity to comment on the Preliminary Results. None were submitted.
As a result, these final results do not differ from the Preliminary
Results. The final dumping margin for Thong Thuan Company Limited, and
its subsidiary company, Thong Thuan Seafood Company Limited
(collectively, ``Thong Thuan'') for the period of review (``POR'')
February 1, 2010, through January 31, 2011, is listed in the ``Final
Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty New
Shipper Review, 77 FR 1053 (January 9, 2012) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: April 4, 2012.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4031.
[[Page 20359]]
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 9, 2012, the Department published the
Preliminary Results of the administrative review of shrimp from
Vietnam. The Department did not receive comments from interested
parties on the Preliminary Results.
Changes Since the Preliminary Results
We have not made any changes to the Preliminary Results.
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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of the order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (``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 the 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 the 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) Lee Kum Kee's shrimp sauce \3\; (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.
---------------------------------------------------------------------------
\3\ The specific exclusion for Lee Kum Kee's shrimp sauce
applies only to the scope in the People's Republic of China case.
---------------------------------------------------------------------------
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 the 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 the order is
dispositive.\4\
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\4\ On April 26, 2011, the Department amended the antidumping
duty order to include dusted shrimp, pursuant to the U.S. Court of
International Trade (``CIT'') decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission determination, which found the
domestic like product to include dusted shrimp. Because the
amendment of the antidumping duty order occurred after this POR,
dusted shrimp continue to be excluded in this review. See 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, 76
FR 23227 (April 26, 2011); see also Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and
Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review),
USITC Publication 4221, March 2011.
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Final Results of Review
The dumping margin for the POR is as follows:
------------------------------------------------------------------------
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Thong Thuan Company Limited and its subsidiary company, 0.00%
Thong Thuan Seafood Company Limited....................
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirement will be effective upon
publication of the final results of this NSR for all shipments of
subject merchandise produced and exported from Thong Thuan entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and exported by Thong Thuan, the cash
deposit rate will be the rate established in the final results of this
NSR. If the cash deposit rate calculated in the final results is zero
or de minimis, no cash deposit will be required for the specific
producer-exporter combination listed above; (2) for subject merchandise
exported by Thong Thuan but not manufactured by Thong Thuan, the cash
deposit rate will continue to be the Vietnam-wide rate (i.e., 25.76
percent); and (3) for subject merchandise manufactured by Thong Thuan,
but exported by any other party, the cash deposit rate will be the
Vietnam-wide rate (i.e., 25.76 percent).
[[Page 20360]]
The cash deposit requirement, when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under the APO, which continues to
govern business proprietary information in this segment of the
proceeding. 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 violation subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-8110 Filed 4-3-12; 8:45 am]
BILLING CODE 3510-DS-P
