Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China and Thailand: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders, 44275-44277 [2016-16053]
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
Margin
(percent)
Producer and/or exporter
Sundwiger Messingwerke GmbH
& Co. KG .................................
22.61
Assessment Rates
Upon issuance of the final results of
this administrative review, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries, in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212. The Department intends
to issue assessment instructions to CBP
15 days after publication of the final
results of this review.
srobinson on DSK5SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for respondents noted above
will be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 7.30
percent, the all-others rate determined
in the less than fair value investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
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 and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
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Jkt 238001
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
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 APO in accordance
with 19 CFR 351.305(a)(3), 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,
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–16137 Filed 7–6–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–838, A–533–840, A–570–893, A–549–
822]
Certain Frozen Warmwater Shrimp
From Brazil, India, the People’s
Republic of China and Thailand: Final
Results of the Expedited Second
Sunset Reviews of the Antidumping
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: As a result of these sunset
reviews, the Department of Commerce
(the Department) finds that revocation
of the antidumping duty (AD) orders
would be likely to lead to continuation
or recurrence of dumping at the
dumping margins identified in the
‘‘Final Results of Reviews’’ section of
this notice.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson, AD/CVD Operations, Office II,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4929.
SUPPLEMENTARY INFORMATION:
AGENCY:
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44275
Background
On March 1, 2016, the Department
published the notice of initiation of the
sunset reviews of the AD Orders 1 on
certain frozen warmwater shrimp from
Brazil, India, the People’s Republic of
China (PRC), and Thailand, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 On March 8,
2016, and March 16, 2016, respectively,
the Ad Hoc Shrimp Trade Action
Committee (AHSTAC (petitioner in the
underlying investigation)) and the
American Shrimp Processors
Association (ASPA) notified the
Department of their intent to participate
within the 15-day period specified in 19
CFR 351.218(d)(1)(i).3 AHSTAC claimed
interested party status under section
771(9)(C) of the Act stating that its
individual members are each producers
in the United States of a domestic like
product. ASPA claimed interested party
status under section 771(9)(E) of the Act
stating that it is a trade association, the
majority of whose members are
producers and/or processors of a
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from Brazil, 70 FR 5143 (February 1, 2005); Notice
of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order:
Certain Frozen Warmwater Shrimp from India, 70
FR 5147 (February 1, 2005); Notice of Amended
Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp From the People’s Republic of
China, 70 FR 5149 (February 1, 2005); and Notice
of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order:
Certain Frozen Warmwater Shrimp from Thailand,
70 FR 5145 (February 1, 2005) (collectively,
Orders).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
FR 10578 (March 1, 2016) (Notice of Initiation). The
Notice of Initiation also announced the initiation of
the sunset review of the antidumping duty order on
certain frozen warmwater shrimp from the Socialist
Republic of Vietnam. However, the results of that
sunset review will be discussed within a separate
Federal Register notice in the context of a full
sunset review in that case.
3 See AHSTAC March 8, 2016, submission
‘‘Second Sunset Review of the Antidumping Duty
Orders on Certain Frozen Warmwater Shrimp from
Brazil, India, Thailand, the People’s Republic of
China and the Socialist Republic of Vietnam: Entry
of Appearance, Notice of Intent to Participate in
Review and APO Application.’’ See also ASPA
March 16, 2016, submissions ‘‘Second Sunset
Review of the Antidumping Order on Frozen
Warmwater Shrimp from Brazil (A–351–838):
Notice of Intent to Participate of the American
Shrimp Processors Association,’’ ‘‘Second Sunset
Review of the Antidumping Order on Frozen
Warmwater Shrimp from India (A–533–840): Notice
of Intent to Participate of the American Shrimp
Processors Association,’’ ‘‘Second Sunset Review of
the Antidumping Order on Frozen Warmwater
Shrimp from the People’s Republic of China (A–
570–893): Notice of Intent to Participate of the
American Shrimp Processors Association,’’ and
‘‘Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from Thailand (A–
549–822): Notice of Intent to Participate of the
American Shrimp Processors Association.’’
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
domestic like product in the United
States.
On March 29 and 31, 2016,
respectively, the Department received
complete substantive responses to the
Notice of Initiation from AHSTAC 4 and
from ASPA 5 (collectively, domestic
interested parties) within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i). We received no
substantive responses from respondent
interested parties with respect to the
orders on certain frozen warmwater
shrimp from Brazil, India, the PRC, or
Thailand, nor was a hearing requested.
As a result, pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted expedited (120-day) sunset
reviews of the AD Orders on certain
frozen warmwater shrimp from Brazil,
India, the PRC, and Thailand.
srobinson on DSK5SPTVN1PROD with NOTICES
Scope of the Orders
The products covered by the Orders
include certain frozen warmwater
shrimp and prawns whether wildcaught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or
head-off, shell-on or peeled, tail-on or
tail-off,6 deveined or not deveined,
cooked or raw, or otherwise processed
in frozen form.
The frozen warmwater shrimp and
prawn products included in the Orders,
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
4 See AHSTAC March 29, 2016, submission
‘‘Second Sunset Review of the Antidumping Duty
Orders on Certain Frozen Warmwater Shrimp from
Brazil, India, Thailand, the People’s Republic of
China and the Socialist Republic of Vietnam:
Substantive Response to Notice of Initiation.’’
5 See ASPA March 31, 2016, submissions
‘‘Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from Brazil (A–351–
838): Substantive Response to Notice of Initiation,’’
‘‘Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from India (A–533–
840): Substantive Response to Notice of Initiation,’’
‘‘Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from the People’s
Republic of China (A–570–893): Substantive
Response to Notice of Initiation,’’ and ‘‘Second
Sunset Review of the Antidumping Order on Frozen
Warmwater Shrimp from Thailand (A–549–822):
Substantive Response to Notice of Initiation.’’
6 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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Jkt 238001
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 Orders.
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 the orders.
Excluded from the Orders 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 dusted
shrimp; and (8) certain battered shrimp.
Dusted 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 IQF freezing
immediately after application of the
dusting layer. Battered shrimp is a
shrimp-based product that, when dusted
in accordance with the definition of
dusting above, is coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
The products covered by the Orders
are currently classified under the
following HTSUS 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
HTSUS subheadings are provided for
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convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
the orders is dispositive. The Issues and
Decision Memorandum, which is hereby
adopted by this notice, provides a full
description of the scope of the Orders.7
Analysis of Comments Received
A complete discussion of all issues
raised in these reviews is provided in
the accompanying Issues and Decision
Memorandum. The issues discussed in
the Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of dumping and the
magnitude of the margins likely to
prevail if the Orders were revoked. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, the
Department determines that revocation
of the AD Orders on certain frozen
warmwater shrimp from Brazil, India,
the PRC, and Thailand would be likely
to lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average margins up
to 67.80 percent for Brazil, up to 110.90
percent for India, up to 112.81 percent
for the PRC, and up to 5.34 percent for
Thailand.
Notification Regarding Administrative
Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
7 See the Department’s memorandum from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Expedited Second Sunset
Reviews of the Antidumping Duty Orders on
Certain Frozen Warmwater Shrimp from Brazil,
India, the People’s Republic of China, and
Thailand,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–16053 Filed 7–6–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–042]
Stainless Steel Sheet and Strip From
the People’s Republic of China:
Postponement of Preliminary
Determination of Antidumping Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: July 7, 2016.
Toni
Page at (202) 482–1398 or Lingjun Wang
at (202) 482–2316, AD/CVD Operations,
Enforcement and Compliance, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK5SPTVN1PROD with NOTICES
Background
On March 3, 2016, the Department of
Commerce (Department) initiated an
antidumping duty (AD) investigation of
imports of stainless steel sheet and strip
from the People’s Republic of China.1
The notice of initiation stated that, in
accordance with section 733(b)(1)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.205(b)(1), we
would issue our preliminary
determination no later than 140 days
after the date of initiation, unless
postponed. Currently, the preliminary
determination is due no later than July
21, 2016.
Postponement of Preliminary
Determinations
Dated: June 30, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–16134 Filed 7–6–16; 8:45 am]
1 See Stainless Steel Sheet and Strip From the
People’s Republic of China: Initiation of Less Than
Fair Value Investigations, 81 FR 12711 (March 10,
2016).
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17:23 Jul 06, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
Sections 733(c)(1)(B)(i) and (ii) of the
Act permit the Department to postpone
the time limit for the preliminary
determination if it concludes that the
parties concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of the issues presented, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. Under this section of the
Act, the Department may postpone the
preliminary determination until no later
than 190 days after the date on which
the Department initiated the
investigation.
The Department determines that the
parties involved in this investigation are
cooperating, and that the investigation
is extraordinarily complicated.
Additional time is required to analyze
the questionnaire responses and issue
any appropriate requests for
clarification and additional information.
Therefore, in accordance with section
733(c)(1)(B) of the Act and 19 CFR
351.205(f)(1), the Department is
postponing the time period for the
preliminary determination of this
investigation by 50 days, to September
9, 2016. Pursuant to section 735(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
BILLING CODE 3510–DS–P
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44277
National Oceanic and Atmospheric
Administration
RIN 0648–XE675
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the U.S. Air
Force 86 Fighter Weapons Squadron
Conducting Long Range Strike
Weapon Systems Evaluation Program
at the Pacific Missile Range Facility at
Kauai, Hawaii
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS (hereinafter, ‘‘we’’ or
‘‘our’’) received an application from the
U.S. Department of the Air Force, 86
Fighter Weapons Squadron (86 FWS),
requesting an Incidental Harassment
Authorization (IHA) to take marine
mammals, by harassment, incidental to
a Long Range Strike Weapon Systems
Evaluation Program (LRS WSEP) in the
Barking Sands Underwater Range
Extension (BSURE) area of the Pacific
Missile Range Facility (PMRF) at Kauai,
Hawaii. 86 FWS’s activities are military
readiness activities per the Marine
Mammal Protection Act (MMPA), as
amended by the National Defense
Authorization Act (NDAA) for Fiscal
Year 2004. Pursuant to the MMPA,
NMFS requests comments on its
proposal to issue an IHA to 86 FWS to
incidentally take, by Level A and Level
B harassment, two species of marine
mammals, the dwarf sperm whale
(Kogia sima) and pygmy sperm whale
(Kogia breviceps) during the specified
activity.
SUMMARY:
NMFS must receive comments
and information no later than August 8,
2016.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910. The
email address for providing email
comments is ITP.McCue@noaa.gov.
Please include 0648–XE675 in the
subject line. Comments sent via email,
including all attachments, must not
exceed a 25-megabyte file size. NMFS is
not responsible for comments sent to
addresses other than the one provided
in this notice.
DATES:
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Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44275-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16053]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-838, A-533-840, A-570-893, A-549-822]
Certain Frozen Warmwater Shrimp From Brazil, India, the People's
Republic of China and Thailand: Final Results of the Expedited Second
Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (the Department) finds that revocation of the antidumping duty
(AD) orders would be likely to lead to continuation or recurrence of
dumping at the dumping margins identified in the ``Final Results of
Reviews'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations,
Office II, AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4929.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2016, the Department published the notice of initiation
of the sunset reviews of the AD Orders \1\ on certain frozen warmwater
shrimp from Brazil, India, the People's Republic of China (PRC), and
Thailand, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On March 8, 2016, and March 16, 2016,
respectively, the Ad Hoc Shrimp Trade Action Committee (AHSTAC
(petitioner in the underlying investigation)) and the American Shrimp
Processors Association (ASPA) notified the Department of their intent
to participate within the 15-day period specified in 19 CFR
351.218(d)(1)(i).\3\ AHSTAC claimed interested party status under
section 771(9)(C) of the Act stating that its individual members are
each producers in the United States of a domestic like product. ASPA
claimed interested party status under section 771(9)(E) of the Act
stating that it is a trade association, the majority of whose members
are producers and/or processors of a
[[Page 44276]]
domestic like product in the United States.
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Brazil, 70 FR 5143 (February 1, 2005); Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147
(February 1, 2005); Notice of Amended Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp From the People's Republic of China, 70 FR 5149
(February 1, 2005); and Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp from Thailand, 70 FR 5145 (February 1, 2005)
(collectively, Orders).
\2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 10578
(March 1, 2016) (Notice of Initiation). The Notice of Initiation
also announced the initiation of the sunset review of the
antidumping duty order on certain frozen warmwater shrimp from the
Socialist Republic of Vietnam. However, the results of that sunset
review will be discussed within a separate Federal Register notice
in the context of a full sunset review in that case.
\3\ See AHSTAC March 8, 2016, submission ``Second Sunset Review
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp
from Brazil, India, Thailand, the People's Republic of China and the
Socialist Republic of Vietnam: Entry of Appearance, Notice of Intent
to Participate in Review and APO Application.'' See also ASPA March
16, 2016, submissions ``Second Sunset Review of the Antidumping
Order on Frozen Warmwater Shrimp from Brazil (A-351-838): Notice of
Intent to Participate of the American Shrimp Processors
Association,'' ``Second Sunset Review of the Antidumping Order on
Frozen Warmwater Shrimp from India (A-533-840): Notice of Intent to
Participate of the American Shrimp Processors Association,''
``Second Sunset Review of the Antidumping Order on Frozen Warmwater
Shrimp from the People's Republic of China (A-570-893): Notice of
Intent to Participate of the American Shrimp Processors
Association,'' and ``Second Sunset Review of the Antidumping Order
on Frozen Warmwater Shrimp from Thailand (A-549-822): Notice of
Intent to Participate of the American Shrimp Processors
Association.''
---------------------------------------------------------------------------
On March 29 and 31, 2016, respectively, the Department received
complete substantive responses to the Notice of Initiation from AHSTAC
\4\ and from ASPA \5\ (collectively, domestic interested parties)
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from respondent interested parties
with respect to the orders on certain frozen warmwater shrimp from
Brazil, India, the PRC, or Thailand, nor was a hearing requested. As a
result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department
conducted expedited (120-day) sunset reviews of the AD Orders on
certain frozen warmwater shrimp from Brazil, India, the PRC, and
Thailand.
---------------------------------------------------------------------------
\4\ See AHSTAC March 29, 2016, submission ``Second Sunset Review
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp
from Brazil, India, Thailand, the People's Republic of China and the
Socialist Republic of Vietnam: Substantive Response to Notice of
Initiation.''
\5\ See ASPA March 31, 2016, submissions ``Second Sunset Review
of the Antidumping Order on Frozen Warmwater Shrimp from Brazil (A-
351-838): Substantive Response to Notice of Initiation,'' ``Second
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp
from India (A-533-840): Substantive Response to Notice of
Initiation,'' ``Second Sunset Review of the Antidumping Order on
Frozen Warmwater Shrimp from the People's Republic of China (A-570-
893): Substantive Response to Notice of Initiation,'' and ``Second
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp
from Thailand (A-549-822): Substantive Response to Notice of
Initiation.''
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Scope of the Orders
The products covered by the Orders include 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,\6\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\6\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
Orders, 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 the Orders. 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 the orders.
Excluded from the Orders 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 dusted shrimp; and (8)
certain battered shrimp. Dusted 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 IQF freezing immediately
after application of the dusting layer. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of
dusting above, is coated with a wet viscous layer containing egg and/or
milk, and par-fried.
The products covered by the Orders are currently classified under
the following HTSUS 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 HTSUS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of the orders is
dispositive. The Issues and Decision Memorandum, which is hereby
adopted by this notice, provides a full description of the scope of the
Orders.\7\
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\7\ See the Department's memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Expedited
Second Sunset Reviews of the Antidumping Duty Orders on Certain
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of
China, and Thailand,'' dated concurrently with this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in these reviews is
provided in the accompanying Issues and Decision Memorandum. The issues
discussed in the Issues and Decision Memorandum include the likelihood
of continuation or recurrence of dumping and the magnitude of the
margins likely to prevail if the Orders were revoked. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
the Department determines that revocation of the AD Orders on certain
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand would
be likely to lead to continuation or recurrence of dumping, and that
the magnitude of the dumping margins likely to prevail would be
weighted-average margins up to 67.80 percent for Brazil, up to 110.90
percent for India, up to 112.81 percent for the PRC, and up to 5.34
percent for Thailand.
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the
[[Page 44277]]
return or destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. Timely notification of the return or
destruction of APO materials or conversion to judicial protective
orders is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16053 Filed 7-6-16; 8:45 am]
BILLING CODE 3510-DS-P