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]

Download as PDF 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of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: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 VerDate Sep<11>2014 17:23 Jul 06, 2016 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: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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.’’ E:\FR\FM\07JYN1.SGM 07JYN1 44276 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. VerDate Sep<11>2014 17:23 Jul 06, 2016 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 http://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 http://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). E:\FR\FM\07JYN1.SGM 07JYN1 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). VerDate Sep<11>2014 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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: E:\FR\FM\07JYN1.SGM 07JYN1

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]


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

    \6\ ``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 
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\
---------------------------------------------------------------------------

    \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 http://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 http://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

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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