Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders (India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam) and Revocation of Antidumping Duty Order (Brazil), 25242-25244 [2017-11323]
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25242
Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
administrative review of the
antidumping duty order on welded line
pipe from Turkey for the period May 22,
2015, through November 30, 2016.
DATES:
Effective June 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3693,
respectively.
Background
mstockstill on DSK30JT082PROD with NOTICES
On December 1, 2016, the Department
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on welded line
pipe from Turkey for the period May 22,
2015, through November 30, 2016.1 In
December 2016 and January 2017, the
Department received timely requests, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
to conduct an administrative review of
this antidumping duty order from
Maverick Tube Corporation (Maverick),
Stupp Corporation, a division of Stupp
Bros., Inc. (Stupp Corp.), and American
Cast Iron Pipe Company (ACIPCO)
(collectively, the petitioners), and from
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. and Borusan Istikbal Ticaret
(collectively, Borusan).2 Based upon
these requests, on February 13, 2017, in
accordance with section 751(a) of the
Act, the Department published in the
Federal Register a notice of initiation
listing nineteen companies for which
the Department received timely requests
for review.3 On March 3 and May 9,
2017, Borusan and the petitioners,
respectively, withdrew all requests for
an administrative review.4
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 86694
(December 1, 2016).
2 See Letters from Maverick and from Stupp Corp.
and ACIPCO to the Department, ‘‘Welded Line Pipe
from the Republic of Turkey: Request for
Administrative Review,’’ dated December 30, 2016;
see also Letter from Borusan to the Department,
‘‘Welded Line Pipe from Turkey, Case No. A–489–
822: Request for Administrative Review,’’ dated
January 3, 2017.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017).
4 See Letter from Borusan to the Department,
‘‘Welded Line Pipe from Turkey, Case No. A–489–
822: Withdrawal of Request for Administrative
Review,’’ dated March 3, 2017; see also Letters from
Maverick and from Stupp Corp. and ACIPCO to the
Department, ‘‘Welded Line Pipe from the Republic
of Turkey: Withdrawal of Request for
Administrative Review,’’ dated May 9, 2017.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. All the
aforementioned withdrawal requests
were timely submitted, and no other
interested party requested an
administrative review of any company.
Therefore, we are rescinding the
administrative review of the
antidumping duty order on welded line
pipe from Turkey covering the period
May 22, 2015, through November 30,
2016.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
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. 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.
This notice is issued and published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
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Dated: May 24, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–11206 Filed 5–31–17; 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, A–552–802]
Certain Frozen Warmwater Shrimp
From Brazil, India, the People’s
Republic of China, Thailand, and the
Socialist Republic of Vietnam:
Continuation of Antidumping Duty
Orders (India, the People’s Republic of
China, Thailand, and the Socialist
Republic of Vietnam) and Revocation
of Antidumping Duty Order (Brazil)
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping (AD)
duty orders on certain frozen
warmwater shrimp (shrimp) from India,
the People’s Republic of China (the
PRC), Thailand, and the Socialist
Republic of Vietnam (Vietnam) would
likely lead to continuation or recurrence
of dumping and material injury to an
industry in the United States, the
Department is publishing a notice of
continuation of the antidumping duty
orders. In addition, as a result of the
ITC’s determination that revocation of
the AD duty order on shrimp from
Brazil is not likely to lead to
continuation or recurrence of material
injury to an industry in the United
States, the Department is revoking the
AD order on shrimp from Brazil.
DATES: AD Revocation (Brazil): Effective
April 29, 2016; AD Continuation (India,
the PRC, Thailand, and Vietnam):
Effective June 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1280.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 1, 2005, the Department
published the AD orders on shrimp
from Brazil, India, the PRC, Thailand,
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
and Vietnam.1 On March 1, 2016, the
Department initiated 2 and the ITC
instituted 3 five-year (‘‘sunset’’) reviews
of the AD Orders on shrimp from Brazil,
India, the PRC, Thailand, and Vietnam,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As
a result of its reviews, the Department
determined that revocation of the AD
orders on shrimp from Brazil, India, the
PRC, Thailand, and Vietnam would
likely lead to continuation or recurrence
of dumping and notified the ITC of the
magnitude of the margins of dumping
likely to prevail were the orders
revoked.4
On May 25, 2017, the ITC published
its determinations, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the AD orders on shrimp
from India, the PRC, Thailand, and
Vietnam would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, but that revocation of the AD order
on shrimp from Brazil would not be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.5
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); Notice of
Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Dutv Order:
Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam, 70 FR 5152
(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).
3 See Frozen Warmwater Shrimp from Brazil,
China, India, Thailand, and Vietnam Institution of
five-year reviews, 81 FR 10659 (March 1, 2016).
4 See 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, 81
FR 44275 (July 7, 2016); see also Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the Second FiveYear Sunset Review of the Antidumping Duty
Order, 81 FR 63469 (September 15, 2016); and
Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final Results of the
Second Five-Year Sunset Review of the
Antidumping Duty Order, 82 FR 8724 (January 30,
2017).
5 See Frozen Warmwater Shrimp from Brazil,
China, India, Thailand, and Vietnam;
Determination, 82 FR 24144 (May 25, 2017).
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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
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.
6 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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25243
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.
Continuation of the AD Orders on
Shrimp From India, the PRC, Thailand,
and Vietnam
As a result of the determinations by
the Department and the ITC that
revocation of the AD orders on shrimp
from India, the PRC, Thailand, and
Vietnam would likely lead to a
continuation or a recurrence of dumping
and of material injury to an industry in
the United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
AD orders on Shrimp from India, the
PRC, Thailand, and Vietnam. U.S.
Customs and Border Protection (CBP)
will continue to collect AD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of these orders not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
E:\FR\FM\01JNN1.SGM
01JNN1
25244
Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
Revocation of the AD Order on Shrimp
From Brazil
As a result of the determination by the
ITC that revocation of the AD order on
shrimp from Brazil would not be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department is
revoking the AD order on shrimp from
Brazil. Pursuant to section 751(d)(2) of
the Act and 19 CFR 351.222(i)(2)(i), the
effective date of revocation is April 29,
2016 (i.e., the fifth anniversary of the
date of publication in the Federal
Register of the notice of continuation of
the antidumping duty orders).7
Cash Deposits and Assessment of Duties
on Shrimp From Brazil
The Department will notify CBP, 15
days after publication of this notice, to
terminate the suspension of liquidation
and to discontinue the collection of cash
deposits on entries of shrimp from
Brazil, entered or withdrawn from
warehouse, on or after April 29, 2016.
The Department will further instruct
CBP to refund with interest all cash
deposits on unliquidated entries made
on or after April 29, 2016. Entries of
subject merchandise prior to the
effective date of revocation will
continue to be subject to suspension of
liquidation and AD deposit
requirements and assessments.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
These five-year (sunset) reviews and
notice are in accordance with sections
751(c) and (d)(2), and 777(i) the Act,
and 19 CFR 351.218(f)(4).
mstockstill on DSK30JT082PROD with NOTICES
Dated: May 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–11323 Filed 5–31–17; 8:45 am]
BILLING CODE 3510–DS–P
7 See
Certain Frozen Warmwater Shrimp From
Brazil, India, the People’s Republic of China,
Thailand, and the Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders, 76 FR
23972 (April 29, 2011).
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18:32 May 31, 2017
Jkt 241001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–854]
Supercalendered Paper From Canada:
Amended Final Results of the
Countervailing Duty Expedited Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is amending the Final
Results 1 of the expedited review of the
countervailing duty order on
supercalendered paper from Canada to
correct a ministerial error.
SUMMARY:
DATES:
Effective June 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–0189.
Cash Deposit Instructions
Pursuant to 19 CFR 351.214(k)(3)(iv),
because we determined a
countervailable subsidy rate for Catalyst
that is de minimis, in the final results
of the expedited review we excluded
Catalyst from the countervailing duty
order.5 Because Catalyst’s rate remains
de minimis, we will not issue new
instructions to CBP.
Disclosure
We will disclose the calculations
performed for these amended final
results to interested parties within five
business days of the date of the
publication of this notice in accordance
with 19 CFR 351.224(b)
We are issuing and publishing this
notice in accordance with 19 CFR
351.214(k) and 19 CFR 351.224(e).
Dated: May 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–11204 Filed 5–31–17; 8:45 am]
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
On April 24, 2017, we received a
timely ministerial error allegation from
Catalyst Paper Corporation, Catalyst
Pulp and Paper Sales Inc., Catalyst
Paper (USA) Inc., and their affiliated
companies (collectively Catalyst)
regarding the Department’s final subsidy
rate calculations.2
National Oceanic and Atmospheric
Administration
Ministerial Errors
We analyzed Catalyst’s ministerial
error 3 comments and determined, in
accordance with 19 CFR 351.224(e), that
there was a ministerial error in our
calculation of Catalyst’s net subsidy rate
for the Final Results.4 In accordance
with 19 CFR 351.224(e), we are
amending the net subsidy rate for
Catalyst from 0.94 percent (de minimis)
to 0.93 percent (de minimis).
1 See Supercalendered Paper from Canada: Final
Results of the Countervailing Duty Expedited
Review, 82 FR 18896 (April 24, 2017) (Final
Results), and accompanying Issues and Decision
Memorandum.
2 See letter to the Department, ‘‘Supercalendered
Paper from Canada: Catalyst’s Ministerial Error
Comments’’ (April 24, 2017) (Catalyst Ministerial
Error Allegation).
3 A ‘‘ministerial error’’ is defined by 19 CFR
351.224(f) as an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like,
and any similar type of unintentional error which
the Secretary considers ministerial.’’
4 See ‘‘Expedited Review of the Countervailing
Duty Order on Supercalendered Paper from Canada:
Allegations of Ministerial Errors,’’ May 24, 2017
(Ministerial Error Memorandum).
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Proposed Information Collection;
Comment Request; Alaska Region
Scale and Catch Weighing
Requirements
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 31, 2017.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at pracomments@doc.gov).
SUMMARY:
5 See Final Results, 82 FR at 18897 (explaining
that only merchandise produced and exported by
Catalyst is excluded from the Order, and that the
exclusion does not apply to merchandise produced
by Catalyst and exported by any other company or
merchandise produced by any other company and
exported by Catalyst).
E:\FR\FM\01JNN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25242-25244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11323]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-838, A-533-840, A-570-893, A-549-822, A-552-802]
Certain Frozen Warmwater Shrimp From Brazil, India, the People's
Republic of China, Thailand, and the Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders (India, the People's Republic
of China, Thailand, and the Socialist Republic of Vietnam) and
Revocation of Antidumping Duty Order (Brazil)
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping (AD) duty orders on certain frozen
warmwater shrimp (shrimp) from India, the People's Republic of China
(the PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam)
would likely lead to continuation or recurrence of dumping and material
injury to an industry in the United States, the Department is
publishing a notice of continuation of the antidumping duty orders. In
addition, as a result of the ITC's determination that revocation of the
AD duty order on shrimp from Brazil is not likely to lead to
continuation or recurrence of material injury to an industry in the
United States, the Department is revoking the AD order on shrimp from
Brazil.
DATES: AD Revocation (Brazil): Effective April 29, 2016; AD
Continuation (India, the PRC, Thailand, and Vietnam): Effective June 1,
2017.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-1280.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published the AD orders on
shrimp from Brazil, India, the PRC, Thailand,
[[Page 25243]]
and Vietnam.\1\ On March 1, 2016, the Department initiated \2\ and the
ITC instituted \3\ five-year (``sunset'') reviews of the AD Orders on
shrimp from Brazil, India, the PRC, Thailand, and Vietnam, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, the Department determined that revocation of the
AD orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam
would likely lead to continuation or recurrence of dumping and notified
the ITC of the magnitude of the margins of dumping likely to prevail
were the orders revoked.\4\
---------------------------------------------------------------------------
\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); Notice of Amended Final Determination of Sales
at Less Than Fair Value and Antidumping Dutv Order: Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152
(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).
\3\ See Frozen Warmwater Shrimp from Brazil, China, India,
Thailand, and Vietnam Institution of five-year reviews, 81 FR 10659
(March 1, 2016).
\4\ See 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, 81
FR 44275 (July 7, 2016); see also Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Preliminary Results of the
Second Five-Year Sunset Review of the Antidumping Duty Order, 81 FR
63469 (September 15, 2016); and Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Final Results of the Second Five-
Year Sunset Review of the Antidumping Duty Order, 82 FR 8724
(January 30, 2017).
---------------------------------------------------------------------------
On May 25, 2017, the ITC published its determinations, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the AD orders
on shrimp from India, the PRC, Thailand, and Vietnam would likely lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, but that revocation
of the AD order on shrimp from Brazil would not be likely to lead to
continuation or recurrence of material injury within a reasonably
foreseeable time.\5\
---------------------------------------------------------------------------
\5\ See Frozen Warmwater Shrimp from Brazil, China, India,
Thailand, and Vietnam; Determination, 82 FR 24144 (May 25, 2017).
---------------------------------------------------------------------------
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.
Continuation of the AD Orders on Shrimp From India, the PRC, Thailand,
and Vietnam
As a result of the determinations by the Department and the ITC
that revocation of the AD orders on shrimp from India, the PRC,
Thailand, and Vietnam would likely lead to a continuation or a
recurrence of dumping and of material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, the Department
hereby orders the continuation of the AD orders on Shrimp from India,
the PRC, Thailand, and Vietnam. U.S. Customs and Border Protection
(CBP) will continue to collect AD cash deposits at the rates in effect
at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the orders will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, the Department intends to
initiate the next five-year review of these orders not later than 30
days prior to the fifth anniversary of the effective date of
continuation.
[[Page 25244]]
Revocation of the AD Order on Shrimp From Brazil
As a result of the determination by the ITC that revocation of the
AD order on shrimp from Brazil would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, the Department
is revoking the AD order on shrimp from Brazil. Pursuant to section
751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of
revocation is April 29, 2016 (i.e., the fifth anniversary of the date
of publication in the Federal Register of the notice of continuation of
the antidumping duty orders).\7\
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\7\ See Certain Frozen Warmwater Shrimp From Brazil, India, the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam: Continuation of Antidumping Duty Orders, 76 FR 23972 (April
29, 2011).
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Cash Deposits and Assessment of Duties on Shrimp From Brazil
The Department will notify CBP, 15 days after publication of this
notice, to terminate the suspension of liquidation and to discontinue
the collection of cash deposits on entries of shrimp from Brazil,
entered or withdrawn from warehouse, on or after April 29, 2016. The
Department will further instruct CBP to refund with interest all cash
deposits on unliquidated entries made on or after April 29, 2016.
Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
AD deposit requirements and assessments.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
These five-year (sunset) reviews and notice are in accordance with
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR
351.218(f)(4).
Dated: May 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017-11323 Filed 5-31-17; 8:45 am]
BILLING CODE 3510-DS-P
