Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India, 73619-73620 [2012-29885]

Download as PDF Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices results.6 In addition, the Department finds that it is more consistent with the Assessment Policy Notice not to rescind the review in its entirety but, rather, to complete the review with respect to the respondents, issuing appropriate instructions to CBP based on the final results of the review. See the ‘‘Assessment Rates’’ section of this notice below. B. Duty Absorption On January 30, 2012, Wheatland requested that the Department conduct a duty absorption inquiry with regard to each of the companies for whom an administrative review had been requested. See the Preliminary Decision Memorandum. Because this review was not initiated at the two-year or four-year interval from publication of the antidumping duty order, a duty absorption inquiry is not authorized. See Antidumping Duty Order. tkelley on DSK3SPTVN1PROD with Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than the later of 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.7 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.8 Case and rebuttal briefs should be filed using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).9 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.10 Requests should contain: (1) The party’s name, address and telephone number; 6 See, e.g., Magnesium Metal From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989, 56990 (September 17, 2010). 7 See 19 CFR 351.309(d). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 See 19 CFR 351.303. 10 See 19 CFR 351.310(c). VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. 73619 Dated: November 29, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum No Shipments Claim—PYTCO Duty Absorption [FR Doc. 2012–29646 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department intends to issue appraisement instructions directly to CBP 15 days after the date of publication of the final results of this review. As noted above, the Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See the Assessment Policy Notice. This clarification will apply to POR entries by each respondent company if we continue to make a final determination of no shipments based upon their certifications that they made no POR shipments of subject merchandise for which they had knowledge of U.S. destination. We will instruct CBP to liquidate these entries at the all-others rate established in the less-than-fairvalue investigation (32.62 percent) 11 if there is no rate for the intermediary involved in the transaction. See the Assessment Policy Notice for a full discussion of this clarification. Notification to Importers This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The preliminary results of administrative review and this notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. 11 See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 24, 2012, the Department of Commerce (the Department) published a notice of preliminary results of changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India.1 In that notice, we preliminarily determined that Apex Frozen Foods Private Limited (Apex Frozen) is the successor-in-interest to Apex Exports (Apex) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments on, or requested a public hearing to discuss, the Initiation and Preliminary Results. Therefore, for these final results, the Department continues to find that Apex Frozen is the successor-in-interest to Apex. DATES: Effective Date: December 11, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–3874 or (202) 482– 3693, respectively. SUPPLEMENTARY INFORMATION: Background On September 6, 2012, Apex Frozen requested that the Department conduct 1 See Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India, 77 FR 64953 (Oct. 24, 2012) (Initiation and Preliminary Results). E:\FR\FM\11DEN1.SGM 11DEN1 73620 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices tkelley on DSK3SPTVN1PROD with an expedited changed circumstances review under 19 CFR 351.221(c)(3)(ii) to confirm that it is the successor-ininterest to Apex for purposes of determining antidumping duty cash deposits and liabilities. On October 24, 2012, the Department preliminarily determined that Apex Frozen is the successor-in-interest to Apex. See Initiation and Preliminary Results, 77 FR at 64955. In the Initiation and Preliminary Results, we provided all interested parties with an opportunity to comment or request a public hearing regarding this finding. We received no comments or requests for a public hearing from interested parties within the time period set forth in the Initiation and Preliminary Results. Scope of the Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether 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 this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), 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. 2 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 In addition, food preparations, 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 (HTSUS 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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (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 ten percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to 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 HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. These HTSUS 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 Initiation and Preliminary Results, and because we received no comments from interested parties to the contrary, the Department continues to find that Apex Frozen is the successor-in-interest to Apex. As a result of this determination, we find that Apex Frozen should receive the cash deposit rate previously assigned to Apex in the most recently completed review of the antidumping PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 duty order on shrimp from India.3 Consequently, the Department will instruct U.S. Customs and Border Protection to suspend liquidation of all shipments of subject merchandise produced and/or exported by Apex Frozen and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at 2.51 percent, which is the current cash deposit rate for Apex.4 This cash deposit requirement shall remain in effect until further notice. We are issuing this determination and publishing these final results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.221(c)(3). Dated: December 5, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–29885 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions; Clarification Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Notice. AGENCY: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee) is providing supplementary information to its Notice in the Federal Register of October 26, 2012. SUMMARY: FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Director, Business Operations, 1421 Jefferson Davis Highway, Jefferson Plaza II, Suite 10800, Arlington, VA, Telephone: (703) 603– 2118; FAX 703–603–0655 or email CMTEFedReg@abilityone.gov The Committee’s Notice in the Federal Register of Friday, October 26, 2012 (77 FR 65365–65366), concerning additions to the Procurement List, specified ‘‘Eyewear’’ with coverage for 100% of the requirements for Veterans Integrated SUPPLEMENTARY INFORMATION: 3 See Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review and Final No Shipment Determination, 77 FR 40848, 40850 (July 11, 2012). 4 See, e.g., Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Changed Circumstances Review, 75 FR 52718, 52719 (Aug. 27, 2010). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73619-73620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29885]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Frozen Warmwater Shrimp From India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 24, 2012, the Department of Commerce (the 
Department) published a notice of preliminary results of changed 
circumstances review of the antidumping duty order on certain frozen 
warmwater shrimp (shrimp) from India.\1\ In that notice, we 
preliminarily determined that Apex Frozen Foods Private Limited (Apex 
Frozen) is the successor-in-interest to Apex Exports (Apex) for 
purposes of determining antidumping duty cash deposits and liabilities. 
No interested party submitted comments on, or requested a public 
hearing to discuss, the Initiation and Preliminary Results. Therefore, 
for these final results, the Department continues to find that Apex 
Frozen is the successor-in-interest to Apex.
---------------------------------------------------------------------------

    \1\ See Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp From India, 77 FR 64953 (Oct. 24, 2012) (Initiation 
and Preliminary Results).

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DATES: Effective Date: December 11, 2012.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3874 
or (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2012, Apex Frozen requested that the Department 
conduct

[[Page 73620]]

an expedited changed circumstances review under 19 CFR 
351.221(c)(3)(ii) to confirm that it is the successor-in-interest to 
Apex for purposes of determining antidumping duty cash deposits and 
liabilities.
    On October 24, 2012, the Department preliminarily determined that 
Apex Frozen is the successor-in-interest to Apex. See Initiation and 
Preliminary Results, 77 FR at 64955. In the Initiation and Preliminary 
Results, we provided all interested parties with an opportunity to 
comment or request a public hearing regarding this finding. We received 
no comments or requests for a public hearing from interested parties 
within the time period set forth in the Initiation and Preliminary 
Results.

Scope of the Order

    The scope of this order includes certain frozen warmwater shrimp 
and prawns, whether 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 this order, regardless of definitions in the Harmonized Tariff 
Schedule of the United States (HTSUS), 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, 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 (HTSUS 
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 
(5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns 
(HTSUS subheading 1605.20.10.40); (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 ten percent of the product's 
total weight after being dusted, but prior to being frozen; and (5) 
that is subjected to 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 HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 
1605.21.10.30, and 1605.29.10.10. These HTSUS 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 Initiation and Preliminary Results, 
and because we received no comments from interested parties to the 
contrary, the Department continues to find that Apex Frozen is the 
successor-in-interest to Apex. As a result of this determination, we 
find that Apex Frozen should receive the cash deposit rate previously 
assigned to Apex in the most recently completed review of the 
antidumping duty order on shrimp from India.\3\ Consequently, the 
Department will instruct U.S. Customs and Border Protection to suspend 
liquidation of all shipments of subject merchandise produced and/or 
exported by Apex Frozen and entered, or withdrawn from warehouse, for 
consumption on or after the publication date of this notice in the 
Federal Register at 2.51 percent, which is the current cash deposit 
rate for Apex.\4\ This cash deposit requirement shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \3\ See Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Administrative Review and Final No 
Shipment Determination, 77 FR 40848, 40850 (July 11, 2012).
    \4\ See, e.g., Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Changed Circumstances Review, 75 FR 
52718, 52719 (Aug. 27, 2010).
---------------------------------------------------------------------------

    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 
351.221(c)(3).

    Dated: December 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-29885 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P