Certain Frozen Warmwater Shrimp From the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Final Results of Expedited Third Sunset Review of Antidumping Duty Orders, 54453-54455 [2022-19125]

Download as PDF Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices COMMISSION ON CIVIL RIGHTS COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Wyoming Advisory Committee; Correction Notice of Public Meeting of the Illinois Advisory Committee; Correction AGENCY: Commission on Civil Rights. Notice; revision to meeting link & meeting ID. AGENCY: Commission on Civil Rights. ACTION: Notice; revision to meeting link & meeting ID. SUMMARY: The Commission on Civil Rights published a notice in the Federal Register on Wednesday, August 10, 2022, concerning a meeting of the Wyoming Advisory Committee. The meeting link and meeting ID have since been updated. FOR FURTHER INFORMATION CONTACT: ACTION: SUMMARY: FOR FURTHER INFORMATION CONTACT: Kayla Fajota, 434–515–2395, kfajota@ usccr.gov. Correction: In the Federal Register on Wednesday, August 10, 2022, in FR Document Number 2022–17165, on page 48620, third column, correct the meeting link to: https://tinyurl.com/ 5fytusya; correct the meeting ID to: 161 696 6905; correct the phone number to: (833) 435–1820. Dated: August 30, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. The Commission on Civil Rights published a notice in the Federal Register on Monday, July 11, 2022, concerning a meeting of the Illinois Advisory Committee. The meeting link and meeting ID have since been updated. Ana Fortes, 312–353–8311, afortes@ usccr.gov. Correction: In the Federal Register on Monday, July 11, 2022, in FR Document Number 2022–14624, on page 41108, first column, correct the meeting link to: https://tinyurl.com/26uwpb3p; correct the meeting ID to: 161 627 6808; correct the phone number to: (833) 435–1820. Dated: August 30, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–19072 Filed 9–2–22; 8:45 am] BILLING CODE 6335–01–P [FR Doc. 2022–19070 Filed 9–2–22; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the New York Advisory Committee; Correction AGENCY: Commission on Civil Rights. Notice; revision to meeting link & meeting ID. ACTION: The Commission on Civil Rights published a notice in the Federal Register on Friday, July 22, 2022, concerning a meeting of the New York Advisory Committee. The meeting link and meeting ID have since been updated. SUMMARY: Ana Fortes, 312–353–8311, afortes@ usccr.gov. Correction: In the Federal Register on Friday, July 22, 2022, in FR Document Number 2022–15638, on page 43784, first column, correct the meeting link to: https://tinyurl.com/tep964rz; correct the meeting ID to: 161 982 8516; correct the phone number to: (833) 435–1820. jspears on DSK121TN23PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Dated: August 30, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–19069 Filed 9–2–22; 8:45 am] BILLING CODE 6335–01–P VerDate Sep<11>2014 20:04 Sep 02, 2022 Jkt 256001 [A–570–893, A–533–840, A–549–822, A–552– 802] Certain Frozen Warmwater Shrimp From the People’s Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Final Results of Expedited Third Sunset Review of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these sunset reviews, the U.S. Department of Commerce (Commerce) 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. DATES: Applicable September 6, 2022. FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1058. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 54453 Background On May 2, 2022, Commerce published the notice of initiation of the third sunset review of the AD orders on certain frozen warmwater shrimp from the People’s Republic of China (China), India, Thailand, and the Socialist Republic of Vietnam (Vietnam) 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 In May 2022, the Ad Hoc Shrimp Trade Action Committee (AHSTAC) and the American Shrimp Processors Association (ASPA) (collectively, the domestic interested parties) notified Commerce of their intent to participate within the 15-day period specified in 19 CFR 351.218(d)(1). The domestic interested parties claimed interested party status under sections 771(9)(C) and (E) of the Act as producers of domestic like product and a trade association, the majority of whose members are producers and/or processors of a domestic like product, in the United States, respectively. On May 27 and June 2, 2022, Commerce received complete substantive responses to the Notice of Initiation with respect to the Orders from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i).3 Commerce 1 See 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 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 Thailand, 70 FR 5145 (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 the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (collectively, Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617 (May 2, 2022) (Notice of Initiation). 3 See AHSTAC’s Letters, ‘‘Third Sunset Review of the Antidumping Duty Order on Frozen Warmwater Shrimp from the People’s Republic of China: Substantive Response to Notice of Initiation’’; ‘‘Third Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from India: Substantive Response to Notice of Initiation’’; ‘‘Third Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from Thailand: Substantive Response to Notice of Initiation’’; and ‘‘Third Sunset Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Substantive Response to Notice of Initiation,’’ each dated May 27, 2022; see also ASPA’s Letters, ‘‘Third Five-Year (‘Sunset’) Review of Antidumping Order on Frozen Warmwater Shrimp from China: ASPA’s Substantive Response to Notice of Initiation’’; ‘‘Third Five-Year (‘Sunset’) Review of Antidumping Duty Order on Frozen Warmwater Shrimp from India: ASPA’s Substantive E:\FR\FM\06SEN1.SGM Continued 06SEN1 54454 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset reviews of the Orders. Scope of the Orders The scope of the Orders is certain frozen warmwater shrimp from China, India, Thailand, and Vietnam. For a complete description of the scope of the Orders, see the appendix to this notice. Analysis of Comments Received A complete discussion of all issues raised in these sunset reviews is provided in the accompanying Issues and Decision Memorandum.4 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Orders would likely lead to a continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weightedaverage margins up to 112.81 percent for China, up to 110.90 percent for India, up to 5.34 percent for Thailand, and up to 25.76 percent for Vietnam. jspears on DSK121TN23PROD with NOTICES Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to Response to Notice of Initiation’’; ‘‘Third Five-Year (‘Sunset’) Review of Antidumping Order on Frozen Warmwater Shrimp from Thailand: ASPA’s Substantive Response to Notice of Initiation’’; and ‘‘Third Five-Year Review of the Antidumping Duty Order on Frozen Warmwater Shrimp from Vietnam: ASPA’s Substantive Response to Notice of Initiation,’’ each dated June 2, 2022. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the People’s Republic of China, India, Thailand, and the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice. VerDate Sep<11>2014 20:04 Sep 02, 2022 Jkt 256001 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing the results in accordance with sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218. Dated: August 30, 2022. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix—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,5 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 5 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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) Lee Kum Kee’s shrimp sauce; 6 (7) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); and (8) certain battered shrimp. Battered shrimp is a shrimpbased product: (1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the nonshrimp content of the end product constituting between four and ten percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. On February 1, 2005, Commerce excluded canned warmwater shrimp and prawns from the scope of the Orders pertaining to India, China, Thailand, and Vietnam to reflect the International Trade Commission’s (ITC’s) determination that a domestic industry in the United States was not materially injured or threatened with material injury by reason of imports of canned warmwater shrimp and prawns from India, China, Thailand, or Vietnam.7 On January 23, 2007, Commerce issued amended Orders clarifying that only frozen warmwater shrimp and prawns are subject to the Orders.8 On July 1, 2009, Commerce filed the Final Results of Redetermination Pursuant to Court Remand with the Court of International Trade in which Commerce determined that ‘‘dusted’’ shrimp is included within the scope of the investigations.9 6 The specific exclusion for Lee Kum Kee’s shrimp sauce applies only to the scope of the China Order. 7 See 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 Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 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 the Socialist Republic of Vietnam, 70 FR 5149 (February 1, 2005). 8 See Certain Frozen Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the People’s Republic of China and the Socialist Republic of Vietnam; Amended Orders, 72 FR 2857 (January 23, 2007). 9 See Ad Hoc Shrimp Trade Action Committee, et. al v. United States Court No. 05–00192 Slip Op. 09– 60 (CIT July 1, 2009). E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices The products covered by these Orders are currently classified under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of these Orders is dispositive. [FR Doc. 2022–19125 Filed 9–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–357–826] Scope of the Investigation White Grape Juice Concentrate From Argentina: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of white grape juice concentrate from Argentina. The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable September 6, 2022. Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: Background jspears on DSK121TN23PROD with NOTICES This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On April 20, 2022, Commerce initiated a countervailing duty (CVD) investigation of imports of white grape juice concentrate from Argentina.1 On June 9, 2022, Commerce postponed the preliminary determination until August 29, 2022.2 For a complete description of 1 See White Grape Juice Concentrate from the Republic of Argentina: Initiation of Countervailing Duty Investigation, 87 FR 24945 (April 27, 2022) (Initiation Notice). 2 See White Grape Juice Concentrate from Argentina: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 87 FR 35164 (June 9, 2022). 20:04 Sep 02, 2022 Jkt 256001 The product covered by this investigation is white grape juice concentrate from Argentina. For a complete description of the scope of this investigation, see Appendix I. Scope Comments All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated estimated countervailable subsidy rates for Cepas Argentinas S.A. (Cepas) and for Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda (Fecovita), the two individually-examined exporters/ producers, that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the allothers rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged sales values for the merchandise under consideration.8 In accordance with the Preamble to Commerce’s regulations,4 Commerce set Preliminary Determination aside a period of time in the Initiation Notice for parties to raise issues Commerce preliminarily determines regarding product coverage (i.e., scope).5 that the following estimated net Commerce received no comments from countervailable subsidy rates exist: interested parties concerning the scope Subsidy rate of the concurrent antidumping duty and Company (percent CVD investigations of WGJC from ad valorem) Argentina.6 Methodology FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 the events that followed the initiation of this investigation, see the Preliminary Determination Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. 54455 Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 3 See Memorandum, ‘‘Decision Memorandum for the Affirmative Preliminary Determination in the Countervailing Duty Investigation of White Grape Juice Concentrate from Argentina,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 24946. 6 Although Commerce received comments within this deadline from Delano Growers Grape Products, LLC (the petitioner), these comments did not relate to the scope language published in the Initiation Notice. See Petitioner’s Letter, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties: White Grape Juice Concentrate from Argentina,’’ dated May 24, 2022. 7 See section 771(5)(B) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Cepas Argentinas S.A. 9 ...... Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda 10 ..................... All Others .............................. 3.71 7.16 5.54 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, 8 With two respondents under examination, Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. For a complete analysis of the data, see Memorandum, ‘‘Preliminary Determination of Subsidy Rate for All Others,’’ dated April 29, 2022. 9 As discussed in the Preliminary Decision Memorandum, Commerce has preliminarily found Cepas Argentinas S.A. and San Lamberto Inversiones S.A. to be cross-owned, pursuant to 19 CFR 351.525(b)(6)(vi). 10 Fecovita is also known as ‘‘Fecovita Coop Ltd.’’ See Memorandum, ‘‘Respondent Selection,’’ dated June 3, 2022. E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54453-54455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893, A-533-840, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China, India, Thailand, and the Socialist Republic of Vietnam: Final 
Results of Expedited Third Sunset Review of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of these sunset reviews, the U.S. Department of 
Commerce (Commerce) 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.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-1058.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2022, Commerce published the notice of initiation of the 
third sunset review of the AD orders on certain frozen warmwater shrimp 
from the People's Republic of China (China), India, Thailand, and the 
Socialist Republic of Vietnam (Vietnam) \1\ pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------

    \1\ See 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 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 Thailand, 70 FR 
5145 (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 the Socialist Republic of Vietnam, 70 
FR 5152 (February 1, 2005) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617 
(May 2, 2022) (Notice of Initiation).
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    In May 2022, the Ad Hoc Shrimp Trade Action Committee (AHSTAC) and 
the American Shrimp Processors Association (ASPA) (collectively, the 
domestic interested parties) notified Commerce of their intent to 
participate within the 15-day period specified in 19 CFR 351.218(d)(1). 
The domestic interested parties claimed interested party status under 
sections 771(9)(C) and (E) of the Act as producers of domestic like 
product and a trade association, the majority of whose members are 
producers and/or processors of a domestic like product, in the United 
States, respectively.
    On May 27 and June 2, 2022, Commerce received complete substantive 
responses to the Notice of Initiation with respect to the Orders from 
the domestic interested parties within the 30-day period specified in 
19 CFR 351.218(d)(3)(i).\3\ Commerce

[[Page 54454]]

received no substantive responses from respondent interested parties. 
As a result, pursuant to section 751(c)(3)(8) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset 
reviews of the Orders.
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    \3\ See AHSTAC's Letters, ``Third Sunset Review of the 
Antidumping Duty Order on Frozen Warmwater Shrimp from the People's 
Republic of China: Substantive Response to Notice of Initiation''; 
``Third Sunset Review of the Antidumping Duty Order on Certain 
Frozen Warmwater Shrimp from India: Substantive Response to Notice 
of Initiation''; ``Third Sunset Review of the Antidumping Duty Order 
on Certain Frozen Warmwater Shrimp from Thailand: Substantive 
Response to Notice of Initiation''; and ``Third Sunset Review of the 
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Substantive Response to Notice of 
Initiation,'' each dated May 27, 2022; see also ASPA's Letters, 
``Third Five-Year (`Sunset') Review of Antidumping Order on Frozen 
Warmwater Shrimp from China: ASPA's Substantive Response to Notice 
of Initiation''; ``Third Five-Year (`Sunset') Review of Antidumping 
Duty Order on Frozen Warmwater Shrimp from India: ASPA's Substantive 
Response to Notice of Initiation''; ``Third Five-Year (`Sunset') 
Review of Antidumping Order on Frozen Warmwater Shrimp from 
Thailand: ASPA's Substantive Response to Notice of Initiation''; and 
``Third Five-Year Review of the Antidumping Duty Order on Frozen 
Warmwater Shrimp from Vietnam: ASPA's Substantive Response to Notice 
of Initiation,'' each dated June 2, 2022.
---------------------------------------------------------------------------

Scope of the Orders

    The scope of the Orders is certain frozen warmwater shrimp from 
China, India, Thailand, and Vietnam. For a complete description of the 
scope of the Orders, see the appendix to this notice.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the accompanying Issues and Decision Memorandum.\4\ The 
issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Expedited Third Sunset Reviews of the Antidumping 
Duty Order on Certain Frozen Warmwater Shrimp from the People's 
Republic of China, India, Thailand, and the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice.
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would likely lead to 
a continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins up 
to 112.81 percent for China, up to 110.90 percent for India, up to 5.34 
percent for Thailand, and up to 25.76 percent for Vietnam.

Notification Regarding Administrative Protective Orders

    This notice 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. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing the results in accordance with 
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.

    Dated: August 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--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,\5\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form.
---------------------------------------------------------------------------

    \5\ ``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) Lee Kum 
Kee's shrimp sauce; \6\ (7) canned warmwater shrimp and prawns 
(HTSUS subheading 1605.20.10.40); and (8) certain battered shrimp. 
Battered shrimp is a shrimp-based product: (1) that is produced from 
fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a 
``dusting'' layer of rice or wheat flour of at least 95 percent 
purity has been applied; (3) with the entire surface of the shrimp 
flesh thoroughly and evenly coated with the flour; (4) with the non-
shrimp content of the end product constituting between four and ten 
percent of the product's total weight after being dusted, but prior 
to being frozen; and (5) that is subjected to IQF freezing 
immediately after application of the dusting layer. When dusted in 
accordance with the definition of dusting above, the battered shrimp 
product is also coated with a wet viscous layer containing egg and/
or milk, and par-fried.
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    \6\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope of the China Order.
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    On February 1, 2005, Commerce excluded canned warmwater shrimp 
and prawns from the scope of the Orders pertaining to India, China, 
Thailand, and Vietnam to reflect the International Trade 
Commission's (ITC's) determination that a domestic industry in the 
United States was not materially injured or threatened with material 
injury by reason of imports of canned warmwater shrimp and prawns 
from India, China, Thailand, or Vietnam.\7\
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    \7\ See 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 
Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 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 the Socialist Republic of Vietnam, 70 
FR 5149 (February 1, 2005).
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    On January 23, 2007, Commerce issued amended Orders clarifying 
that only frozen warmwater shrimp and prawns are subject to the 
Orders.\8\ On July 1, 2009, Commerce filed the Final Results of 
Redetermination Pursuant to Court Remand with the Court of 
International Trade in which Commerce determined that ``dusted'' 
shrimp is included within the scope of the investigations.\9\
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    \8\ See Certain Frozen Warmwater Shrimp from Brazil, Ecuador, 
India, Thailand, the People's Republic of China and the Socialist 
Republic of Vietnam; Amended Orders, 72 FR 2857 (January 23, 2007).
    \9\ See Ad Hoc Shrimp Trade Action Committee, et. al v. United 
States Court No. 05-00192 Slip Op. 09-60 (CIT July 1, 2009).

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[[Page 54455]]

    The products covered by these Orders are currently classified 
under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 
1605.21.10.30, and 1605.29.10.10. These HTSUS subheadings are 
provided for convenience and for customs purposes only and are not 
dispositive, but rather the written description of the scope of 
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these Orders is dispositive.

[FR Doc. 2022-19125 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P

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