Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Countervailing Duty Determination, 33342-33344 [2013-13237]
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33342
Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The Department recently announced a
refinement to its assessment practice in
NME cases.15 Pursuant to this
refinement in practice, for entries that
were not reported in the U.S. sales
databases submitted by the company
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that the exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.16
subsequent assessment of double
antidumping duties.
Final Results Margin
The Department finds that the
following weighted-average dumping
margin exists:
tkelley on DSK3SPTVN1PROD with NOTICES
• Revised the indirect selling expense
ratio to include additional indirect
selling expenses not substantiated to be
unrelated to the sale of subject
merchandise.12
• Eliminated the facts available plugs
used to calculate ocean freight expense
for Trelleborg Wheel Systems China’s
raw materials purchased in market
economies, and replaced them with the
market-economy purchase prices
inclusive of ocean freight, which were
submitted by Trelleborg Wheel Systems
China after the Preliminary Results.
However, we note that due to a
miscalculation in the prices submitted,
the Department corrected these values
for the final results.13
• Adjusted the domestic inland truck
freight distances for market economy
purchases, per information Trelleborg
Wheel Systems China submitted after
the Preliminary Results.14
Cash Deposit Requirements
Appendix—Issues for Final Results
The following cash deposit
requirements will be effective upon
publication of the final results of this
Weighted- new shipper review for all shipments of
the subject merchandise from Trelleborg
average
Exporter
dumping
Wheel Systems China entered, or
margin
withdrawn from warehouse, for
(percent)
consumption on or after the publication
date, as provided for by section
Trelleborg Wheel Systems
(Xingtai) China, Co. Ltd. .........
0.0 751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by
Trelleborg Wheel Systems China, the
Disclosure
cash deposit rate will be 0.00 percent;
We intend to disclose to parties the
(2) for subject merchandise exported by
calculations performed in this
Trelleborg Wheel Systems China but not
proceeding within five days of the date
manufactured by Trelleborg Wheel
of publication of this notice in
Systems China, the cash deposit rate
accordance with 19 CFR 351.224(b).
will be the PRC-wide rate of 210.48
percent ; and (3) for subject
Assessment
Upon issuance of the final results, the merchandise manufactured by
Trelleborg Wheel Systems China, but
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’) exported by any other party, the cash
deposit rate will be the rate applicable
shall assess, antidumping duties on all
to the exporter. These cash deposit
appropriate entries. The Department
intends to issue assessment instructions requirements, when imposed, shall
remain in effect until further notice.
to CBP 15 days after the date of
publication of the final results of
Notification to Importers
review. Where either the respondent’s
This notice also serves as a final
reminder to importers of their
Certain New Pneumatic Off-the-Road Tires from the
responsibility under 19 CFR
People’s Republic of China: Analysis of the Final
Results Margin Calculation for Trelleborg Wheel
351.402(f)(2) to file a certificate
Systems (Xingtai) China, Co. Ltd. (‘‘TWS China’’),’’
regarding the reimbursement of
dated concurrently with this memorandum (‘‘Final
antidumping duties prior to liquidation
Results Analysis Memo’’), and Memorandum from
of the relevant entries during this POR.
the Department entitled ‘‘New Shipper Review of
Antidumping Duty Order on Certain New
Failure to comply with this requirement
Pneumatic Off-the-Road Tires from the People’s
could result in the Secretary’s
Republic of China: Surrogate Value Memorandum,’’
presumption that reimbursement of the
dated concurrently with this memorandum (‘‘Final
antidumping duties occurred and the
Results Surrogate Value Memo’’).
12 See Issues and Decision Memorandum at
Comment 3; see also Final Results Analysis Memo
at 2–3.
13 See Final Results Analysis Memo at 2–3.
14 See id.
VerDate Mar<15>2010
18:33 Jun 03, 2013
Jkt 229001
15 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
16 See id.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of BPI disclosed under APO
in accordance with 19 CFR 351.305.
Timely notification of return or
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 determination is issued and
published in accordance with sections
751(a)(2)(B) and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Issue 1: Whether to Rescind the Review for
non- Bona Fide sale
Issue 2: Whether to change the surrogate
country from Indonesia to Thailand
Issue 3: Whether to revise the indirect selling
expense ratio
Issue 4: Whether to continue to deny scrap
tire and steel wire offsets
[FR Doc. 2013–13215 Filed 6–3–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–815]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Preliminary Countervailing
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
frozen warmwater shrimp (frozen
shrimp) from the Socialist Republic of
Vietnam (Vietnam). The period of
investigation is January 1, 2011, through
December 31, 2011. Pursuant to section
705(a)(1) of the Tariff Act of 1930, as
amended (the Act), the final
determination will be issued 75 days
after the date that the Department makes
this preliminary determination.
DATES: Effective Date: June 4, 2013.
FOR FURTHER INFORMATION CONTACT:
Dustin Ross or Michael Romani,
AD/CVD Operations, Import
AGENCY:
E:\FR\FM\04JNN1.SGM
04JNN1
Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0747 and (202)
482–0198, respectively.
SUPPLEMENTARY INFORMATION:
Preliminary Determination and
Suspension of Liquidation
We preliminarily determine the
countervailable subsidy rates to be:
Subsidy
rate
(percent)
Company
Scope of the Investigation
The products covered by this
investigation are 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, deveined
or not deveined, cooked or raw, or
otherwise processed in frozen form,
regardless of size. For a complete
description of the scope of the
investigation, see Appendix 1 to this
notice.
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Act. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.1
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is
available to all parties in the Central
Records Unit, Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individually
investigated producer/exporter of the
subject merchandise. For companies not
individually investigated, we have
calculated an average rate as described
in the Preliminary Decision
Memorandum.
tkelley on DSK3SPTVN1PROD with NOTICES
1 See
Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Import
Administration regarding ‘‘Decision Memorandum
for the Preliminary Determination in the
Countervailing Duty Investigation of Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam,’’ dated concurrently with this notice
(Preliminary Decision Memorandum).
VerDate Mar<15>2010
18:33 Jun 03, 2013
Jkt 229001
Minh Qui Seafoods Co. Ltd ........
Nha Trang Seaproduct Company
All Others ....................................
5.08
7.05
6.07
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of frozen shrimp from Vietnam
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of this notice
in the Federal Register, and to require
a cash deposit for such entries of
merchandise in the amounts indicated
above.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of announcement of its public
announcement.2 Interested parties may
submit case and rebuttal briefs. For a
schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision
Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix 1
Scope of the Investigation
The products covered by this investigation
are 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,3 deveined or not
deveined, cooked or raw, or otherwise
processed in frozen form, regardless of size.
The frozen warmwater shrimp and prawn
products included in the scope, 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
2 See
19 CFR 351.224(b).
in this context means the tail fan, which
includes the telson and the uropods.
3 ‘‘Tails’’
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
33343
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. 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.
Excluded from the scope are: (1) Breaded
shrimp and prawns; (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; (4) shrimp and prawns in prepared
meals; (5) dried shrimp and prawns; (6)
canned warmwater shrimp and prawns; and
(7) certain ‘‘battered shrimp’’ (see below).
‘‘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 included in the scope of this
investigation 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 is dispositive.
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Application of Countervailing Duty Law to
Imports from the Vietnam
5. Subsidies Valuation
E:\FR\FM\04JNN1.SGM
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33344
Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices
6. Analysis of Programs
7. Calculation of the All Others Rate
8. ITC Notification
9. Disclosure and Public Comment
10. Verification
[FR Doc. 2013–13237 Filed 6–3–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–854]
Certain Frozen Warmwater Shrimp
From India: Preliminary Countervailing
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
frozen warmwater shrimp (frozen
shrimp) from India. The period of
investigation is April 1, 2011, through
March 31, 2012. Pursuant to section
705(a)(1) of the Tariff Act of 1930, as
amended (the Act), the final
determination will be issued 75 days
after the date that the Department makes
this preliminary determination.
DATES: Effective Date: June 4, 2013.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Shane Subler, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0410 and (202)
482–0189, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Investigation
The products covered by this
investigation are 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, deveined
or not deveined, cooked or raw, or
otherwise processed in frozen form,
regardless of size. For a complete
description of the scope of the
investigation, see Appendix 1 to this
notice.
Methodology
The Department is conducting this
countervailing duty investigation in
accordance with section 701 of the Act.
For a full description of the
methodology underlying our
preliminary conclusions, see the
VerDate Mar<15>2010
18:33 Jun 03, 2013
Jkt 229001
Preliminary Decision Memorandum.1
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is
available to all parties in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a countervailing duty rate for each
individually investigated producer/
exporter of the subject merchandise. For
companies not individually
investigated, we calculated an average
rate as described in the Preliminary
Decision Memorandum.
Preliminary Determination and
Suspension of Liquidation
We preliminarily determine the
countervailable subsidy rates to be:
Devi Fisheries Limited ..........
Devi Seafoods Ltd ................
All Others ..............................
10.41
11.32
10.87
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of frozen shrimp from
India that are entered, or withdrawn
from warehouse, for consumption on or
after the date of the publication of this
notice in the Federal Register, and to
require a cash deposit for such entries.
As discussed in the Preliminary
Decision Memorandum, we are
preliminarily adjusting the cash deposit
rates to account for program-wide
changes described under 19 CFR
351.526.2 Therefore, we are directing
CBP to require a cash deposit for entries
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Import
Administration, regarding ‘‘Decision Memorandum
for the Preliminary Determination in the
Countervailing Duty Investigation of Certain Frozen
Warmwater Shrimp from India,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
2 See Preliminary Decision Memorandum at 13
and 23.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Company
Cash deposit
rate
(percent)
Devi Fisheries Limited ..........
Devi Seafoods Ltd ................
All Others ..............................
6.10
5.72
5.91
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of announcement of its public
announcement.3 Interested parties may
submit case and rebuttal briefs. For a
schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision
Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix 1
Subsidy rate
(percent)
Company
of subject merchandise in the amounts
indicated below.
Scope of the Investigation
The products covered by this investigation
are 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,4 deveined or not
deveined, cooked or raw, or otherwise
processed in frozen form, regardless of size.
The frozen warmwater shrimp and prawn
products included in the scope, 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
3 See
19 CFR 351.224(b).
in this context means the tail fan, which
includes the telson and the uropods.
4 ‘‘Tails’’
E:\FR\FM\04JNN1.SGM
04JNN1
]]>Agencies
[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33342-33344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13237]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-815]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Preliminary Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain frozen warmwater shrimp (frozen
shrimp) from the Socialist Republic of Vietnam (Vietnam). The period of
investigation is January 1, 2011, through December 31, 2011. Pursuant
to section 705(a)(1) of the Tariff Act of 1930, as amended (the Act),
the final determination will be issued 75 days after the date that the
Department makes this preliminary determination.
DATES: Effective Date: June 4, 2013.
FOR FURTHER INFORMATION CONTACT: Dustin Ross or Michael Romani, AD/CVD
Operations, Import
[[Page 33343]]
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0747 and (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are 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, deveined or not deveined, cooked or raw,
or otherwise processed in frozen form, regardless of size. For a
complete description of the scope of the investigation, see Appendix 1
to this notice.
Methodology
The Department is conducting this countervailing duty (CVD)
investigation in accordance with section 701 of the Act. For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.\1\ The Preliminary Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at https://iaaccess.trade.gov, and is available to all
parties in the Central Records Unit, Room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration regarding ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam,''
dated concurrently with this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. For companies not individually
investigated, we have calculated an average rate as described in the
Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Minh Qui Seafoods Co. Ltd................................... 5.08
Nha Trang Seaproduct Company................................ 7.05
All Others.................................................. 6.07
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of frozen shrimp from Vietnam that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of announcement of its public
announcement.\2\ Interested parties may submit case and rebuttal
briefs. For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix 1
Scope of the Investigation
The products covered by this investigation are 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,\3\ deveined or not
deveined, cooked or raw, or otherwise processed in frozen form,
regardless of size.
---------------------------------------------------------------------------
\3\ ``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, 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. 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.
Excluded from the scope are: (1) Breaded shrimp and prawns; (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;
(4) shrimp and prawns in prepared meals; (5) dried shrimp and
prawns; (6) canned warmwater shrimp and prawns; and (7) certain
``battered shrimp'' (see below).
``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 included in the scope of this investigation 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 is dispositive.
Appendix 2
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Application of Countervailing Duty Law to Imports from the
Vietnam
5. Subsidies Valuation
[[Page 33344]]
6. Analysis of Programs
7. Calculation of the All Others Rate
8. ITC Notification
9. Disclosure and Public Comment
10. Verification
[FR Doc. 2013-13237 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P
