Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review, 20358-20360 [2012-8110]

Download as PDF 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). VerDate Mar<15>2010 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 04APN1 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 04APN1 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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