[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Pages 70997-71005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26976]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Frozen and Canned Warmwater Shrimp From the People's Republic 
of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: December 8, 2004.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, 
Office IX, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3208.

Final Determination

    We determine that certain frozen and canned warmwater shrimp from 
the People's Republic of China (``PRC'') is being, or is likely to be, 
sold in the United States at less than fair value (``LTFV'') as 
provided in section 735 of Tariff Act of 1930, as amended (``the 
Act''). The estimated margins of sales at LTFV are shown in the ``Final 
Determination Margins'' section of this notice.
SUMMARY: On July 16, 2004, the Department of Commerce published its 
preliminary determination of sales at LTFV, partial affirmative 
preliminary determination of critical circumstances and postponement of 
the final determination in the antidumping investigation of certain 
frozen and canned warmwater shrimp from the PRC. On September 1, 2004, 
the Department of Commerce published an

[[Page 70998]]

amended preliminary determination of sales at less than fair value 
(``LTFV'').
    During the investigation, the Department examined sales information 
from four shrimp processors that were selected as Mandatory 
Respondents.\1\ In addition, fifty-three companies requested separate 
rates and we refer to them, collectively, as the Section A 
Respondents.\2\ We invited interested parties to comment on our 
preliminary determination and amended preliminary determination. Based 
on our analysis of the comments we received, we have made changes to 
our calculations for the four Mandatory Respondents. As a result of 
those changes, the rate assigned to companies which received a separate 
rate has also changed.
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    \1\ Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific 
(H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific 
Aquatic Products (Zhanjiang) Co., Ltd., and Allied Pacific Aquatic 
Products (Zhongshan) Co., Ltd. (collectively, ``Allied''), Yelin 
Entprise Co. Hong Kong (``HK Yelin'') and its suppliers, Shantou 
Yelin Frozen Seafood Co., Ltd., Yangjiang City Yelin Hoi Tat Quick 
Frozen Seafood Co., Ltd., and Fuqing Yahua Aquatic Food Co., Ltd. 
(collectively, ``Yelin''), Shantou Red Garden Foodstuff Co., Ltd. 
(``Red Garden'') and Zhanjiang Guolian Aquatic Products Co., Ltd. 
(``Zhanjiang Guolian'').
    \2\ Asian Seafoods (Zhanjiang) Co., Ltd. (``Asian Seafoods''); 
Beihai Zhengwu Industry Co., Ltd. (``Beihai Zhengwu''); Chaoyang 
Qiaofeng Group Co., Ltd. (``Shantou/Chaoyang Qiaofeng'' (Group) Co., 
Ltd.) (``Shantou/Chaoyang Qiaofeng''); Chenghai Nichi Lan Food Co., 
Ltd.; Dalian FTZ Sea-Rich International Trading Co., Ltd. (``Dalian 
FTZ Sea-Rich''); Dongri Aquatic Products Freezing Plants (``Dongri 
Aquatic''); Fuqing Dongwei Aquatic Products Industry Co., Ltd. 
(``Fuqing Dongwei''); Fuqing Longwei Aquatic Foodstuff Co., Ltd. 
(Longwei Aquatic Foodstuff Co., Ltd.) (``Fuqing Longwei''); Gallant 
Ocean (Liangiang) Co., Ltd. (``Gallant Ocean''); Hainan Fruit 
Vegetable Food Allocation Co., Ltd. (``Hainan Fruit Vegetable 
Food''); Hainan Golden Spring Foods Co., Ltd./Hainan Brich Aquatic 
Products Co., Ltd. (``Hainan Golden''); Jinfu Trading Co., Ltd. 
(``Jinfu Trading''); Kaifeng Ocean Sky Industry Co., Ltd. 
(``Kaifeng''); Leizhou Zhulian Frozen Food Co., Ltd. (``Leizhou 
Zhulian''); Meizhou Aquatic Products Quick-Frozen Industry Co., 
Ltd./Shengping Shantou (``Meizhou''); Pingyang Xinye Aquatic 
Products Co., Ltd. (``Pingyang Xinye''); Savvy Seafood Inc. 
(``Savvy''); Shanghai Linghai Fisheries Economic & Trading Co., Ltd. 
(``Shanghai Linghai''); Shanghai Taoen International Trading Co., 
Ltd. (``Shanghai Taoen''); Shantou Freezing Aquatic Product Food 
Stuffs Co. (``Shantou Freezing''); Shantou Jinhang Aquatic Industry 
Co., Ltd. (``Shantou Jinhang''); Shantou Jinyuan District Mingfeng 
Quick-Frozen Factory (``Mingfeng''); Shantou Ocean Freezing Industry 
& Trade General Corporation (``Shantou Ocean''); Shantou Ruiyuan 
Industry Co., Ltd. (``Shantou Ruiyuan''); Shantou Sez Xu Hao 
Fastness Freeze Aquatic Factory Co., Ltd. (``Shantou Sez Xuhao''); 
Shantou Shengping Oceanstar Business Co., Ltd. (``Shantou Shengping 
Oceanstar''); Shantou Wanya Food Factory Co., Ltd. (``Shantou 
Wanya''); Shantou Yuexing Enterprise Company (``Shantou Yuexing''); 
Taizhou Zhonghuan Industrial Co., Ltd. (``Taizhou Zhonghuan''); 
Xuwen Hailang Breeding Co., Ltd. (``Xuwen Hailang''); Yantai Wei-
Cheng Food Co., Ltd. (``Yantai Wei-Cheng''); Zhangjiang Bobogo Ocean 
Co., Ltd. (``Zhanjiang Bobogo''); Zhangjiang Newpro Food Co., Ltd. 
(``Zhanjiang Newpro''); Zhanjiang Evergreen Aquatic Product Science 
and Technology Co., Ltd. (``Zhanjiang Evergreen''); Zhanjiang Go-
Harvest Aquatic Products Co. Ltd. (``Zhanjiang Go-harvest''); 
Zhanjiang Runhai Foods Co., Ltd. (``Zhanjiang Runhai''); Zhanjiang 
Universal Seafood Corp. (``Zhanjiang Universal''); Zhejiang Cereals, 
Oils & Foodstuffs Import & Export Co., Ltd. (``Zhejiang Cereals''); 
Zhejiang Daishan Baofa Aquatic Product Co., Ltd. (``Daishan''); 
Zhejiang Evernew Seafood Corp., Ltd. (``Zhejiang Evernew''); 
Zhejiang Taizhou Lingyang Aquatic Products Co, Ltd. (``Lingyang''); 
Zhejiang Zhenglong Foodstuffs Co., Ltd. (``Zhejiang Zhenlong''); 
Zhoushan Cereals, Oils & Foodstuffs Import & Export Co., Ltd. 
(``Zhoushan Cereals''); Zhoushan Diciyuan Aquatic Products Co., Ltd. 
(``Zhoushan Diciyuan''); Zhoushan Haichang Food Co., Ltd. 
(``Zhoushan Haichang''); Zhoushan Huading Seafood Co., Ltd. 
(``Zhoushan Huading''); Zhoushan Industrial Co., Ltd. (``Zhoushan 
Industrial''); Zhoushan Lizhou Fishery Co., Ltd. (``Zhoushan 
Lizhou''); Zhoushan Putuo Huafa Sea Products Co., Ltd. (``Zhoushan 
Putuo''); Zhoushan Xifeng Aquatic Co., Ltd. (``Zhoushan Xifeng''); 
Zhoushan Zhenyang Developing Co., Ltd. (``Zhoushan Zhenyang''); and 
ZJ CNF Sea Products Engineering Ltd./CNF Zhangjiang (Tong Lian) 
(``ZJ CNF Sea Products'').
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Case History

    The Department of Commerce (``Department'') published its 
preliminary determination in this investigation on June 24, 2004. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value, 
Negative Preliminary Determination of Critical Circumstances and 
Postponement of Final Determination: Certain Frozen and Canned 
Warmwater Shrimp from the People's Republic of China, 69 FR 42654 (July 
16, 2004) (``Preliminary Determination''). On September 1, 2004, the 
Department published an amended preliminary determination. See Notice 
of Amended Preliminary Antidumping Duty Determination of Sales at Less 
Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the 
People's Republic of China, 69 FR 53409 (September 1, 2004) (``Amended 
Preliminary Determination'').
    Since the publication of the Preliminary Determination, the 
following events have occurred. The Department conducted verification 
of the Mandatory Respondents: Allied on August 23, and 25 through 27, 
2004; Red Garden/Shantou Jinyuan District Mingfeng Quick-Frozen Factory 
(``Mingfeng'') (one of Red Garden's suppliers during the POI) on August 
15 through 19, 2004; Yelin on August 27, and August 31 through 
September 2, 2004; and Zhanjiang Guolian on August 16 through 20, 2004; 
and the two Section A Respondents, Meizhou Aquatic Products Quick-
Frozen Industry Co., Ltd. (``Meizhou'') on August 23, 2004, and Shantou 
Ocean Freezing on August 25 through 26, 2004, in the PRC. See the 
``Verification'' Section below for additional information.
    We received comments from the Ad Hoc Shrimp Trade Action Committee, 
Versaggi Shrimp Corporation and Indian Ridge Shrimp Company, 
hereinafter referred to collectively as ``Petitioners'', a number of 
respondents and other interested parties to this investigation that 
addressed issues including: Mandatory Respondent Selection; Section A 
Respondents; Scope; and other issues.
    On October 19, 2004, parties submitted case briefs. On October 26, 
2004, parties submitted rebuttal briefs. On November 5, 2004, the 
Department held a public hearing in accordance with section 
351.310(d)(l) of the Department's regulations. Representatives for the 
Mandatory and Section A Respondents, the Petitioners, the PRC 
government and the PRC Chamber of Commerce were in attendance. On 
November 23, 2004, the Department convened a public hearing on scope 
issues.

Mandatory Respondents

    On July 16, 2004, the following companies submitted sales 
reconciliation documentation: Zhangjian Guolian; Yelin\3\; Allied; and 
Red Garden. On July 27, 2004, the Department sent the 4th supplemental 
questionnaires addressing certain deficiencies in Section C and D 
responses to: Allied, Zhanjiang Guolian, Red Garden and Yelin.
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    \3\ Yelin Enterprise Co. Hong Kong, a Hong Kong exporter of 
subject merchandise and its wholly or partially owned subsidiaries, 
Shantou Yelin Frozen Seafood Co. (Shantou, China), Yangjiang City 
Yelin Hoi Tat Quick Frozen Seafood Co., Ltd. (Hailing, China), and 
Fuqing Yihua Aquatic Food Co., Ltd. (Fujing China), Chinese 
producers and/or resellers of merchandise subject to this 
investigation, and Ocean Duke Corporation, the U.S. importing and 
resale affiliate of HK Yelin (collectively referred to as ``Yelin,'' 
unless otherwise identified).
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    On July 28, 2004, the Department granted Zhanjiang Guolian's 
request for an extension to submit surrogate value data with an 
extension until August 4, 2004. On July 29, 2004, the Department 
documented the submission of new information by Allied. See Memorandum 
to the File from Julia Hancock Regarding the Submission of New 
Information (July 29, 2004).
    On August 2, 2004, the Department received and granted an extension 
request from Red Garden for submitting its supplemental questionnaire 
response. On August 3, 2004, the Department received and granted an 
extension request from Zhanjiang Guolian for responding to the 
Department's supplemental questionnaire. On August 3, 2004, the 
Department received the 4th supplemental questionnaire response from 
Allied and the Department also received Yelin's response to the

[[Page 70999]]

Department's 2nd supplemental Section A questionnaire.
    On August 4, 2004, the Department received Meizhou's request for an 
extension of the deadline to respond to the Department's request for 
submission of a sales reconciliation package. The Department granted 
this request on August 6, 2004. The Department also received Zhanjiang 
Guolian's response to the Department's 4th supplemental questionnaire 
dated July 27, 2004.
    On August 9, 2004, the Department received Yelin's supplemental 
information prior to verification and Meizhou's sales reconciliation 
information. The Department also sent verification outlines to 
Zhanjiang Guolian, Allied, Meizhou, Shantou Ocean, and Red Garden and 
its suppliers, Mingfeng and Shantou Longfeng Foodstuff Co., Ltd. 
(``Longfeng'').
    On August 11, 2004, the Department received Petitioners' pre-
verification comments regarding Red Garden and Zhanjiang Guolian. On 
August 12, 2004, the Department received Allied's, Yelin's and Red 
Garden's supplemental questionnaire responses.
    On August 16, 2004, the Department received Yelin's 3rd 
supplemental questionnaire response, Red Garden's and Zhanjiang 
Guolian's pre-verification corrections and a notice of intent to 
participate in the hearing from Petitioners. On August 17, 2004, the 
Department received Petitioners' pre-verification comments regarding 
Meizhou. On August 19, 2004, the Department sent a verification agenda 
outline to Yelin and its suppliers. On August 20, 2004, the Department 
received Petitioners' pre-verification comments regarding Yelin.
    On August 26, 2004, the Department received a letter from Yelin 
requesting that their August 9, 2004 submission be removed from the 
record. On August 31, 2004, the Department received corrections to 
Allied's pre-verification corrections and revisions to Yelin's August 
9, 2004 submission. On September 7, 2004, the Department received 
revised exhibits from Yelin to its August 9, 2004 submission.
    On September 8, 2004, the Department received Zhanjiang Guolian's, 
Allied's, Yelin's Red Garden's and Petitioners' surrogate value data, 
as well as additional surrogate information from the Mandatory 
Respondents. On September 15, 2004, the Department received 
Petitioners' comments on Yelin's September 7, 2004 submission. On 
September 16, 2004, the Department removed Yelin's September 7, 2004 
submission from the record.
    On September 20, 2004, the Department received Zhanjiang Guolian's, 
Allied's and Yelin's additional factual information. On September 20, 
2004, the Department received Petitioners' factual information rebuttal 
to the respondents' data as well as a request for an extension of the 
briefing schedule. On September 22, 2004, the Department released 
verification reports for Meizhou, Red Garden, Mingfeng, and Shantou 
Ocean. On September 24, 2004, the Department released the verification 
reports for Allied and Zhanjiang Guolian. On October 12, 2004, the 
Department released Yelin's verification report.
    On November 8, 2004, the Department sent letters to Zhanjiang 
Guolian, Allied and Yelin concerning the verifications of those 
companies. On November 23, 2004, Petitioners submitted comments on Red 
Garden's November 19, 2004 response, arguing that Red Garden submitted 
more than minor corrections.

Section A Respondents

    On July 19, 2004, the following companies submitted new factual 
information regarding their separate rates claim: Shantou Yuexing; 
Zhanjiang Go-Harvest, Shantou/Chaoyang Qiaofeng, Zhanjiang Runhai, 
Fuqing Longwei, Shantou Jinhang; Zhanjiang Evergreen; and Fuqing 
Dongwei. On July 21, 2004, the Department sent out second supplemental 
Section A questionnaires to the following respondents: Shantou Ocean, 
Beihai Zhengwu, Zhoushan Lizhou, Zhoushan Cereals, Zhanjiang Bobogo, 
Yantai Wei-Cheng, Shantou/Chaoyang Qiaofeng, Dongri Aquatic, Shantou 
Yuexing, Zhanjiang Newpro, Zhoushan Huading, Pingyang Xinye and Xuwen 
Hailang.
    On July 26, 2004, the Department received a request for an 
extension of time to answer the Department's 2nd supplemental Section A 
questionnaire from Beihai Zhengwu. On July 28, 2004, the Department 
received extension requests from GDLSK Respondents.\4\
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    \4\ Allied and Yelin (collectively ``GDLSK Respondents'').
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    On August 2, 2004, the Department sent 2nd supplemental Section A 
questionnaires to the following companies: Shantou Ocean, Shantou/
Chaoyang Qiaofeng, Xuwen Hailang, and the Department sent and received 
2nd supplemental Section A questionnaire responses the same day from 
Dongri Aquatic, Shantou Freezing, Zhanjiang Newpro and Shantou Yuexing. 
On August 4, 2004, the Department received 2nd supplemental Section A 
responses from Zhoushan Cereals, Zhoushan Lizhou, Zhoushan Hauding, 
Pingyang Xinye, Yantai Wei-Cheng and Beihai Zhengwu. On August 4, 2004, 
the Department received Zhanjiang Bobogo's 2nd supplemental Section A 
response.
    On September 3, 2004, the Department received case briefs from the 
following exporters who did not receive a separate rate in the 
Preliminary Determination: Shantou/Chaoyang Qiaofeng, Fuqing Dongwei, 
Fuqing Longwei, Leizhou Zhulian, Shantou Freezing, Shantou Jinhang, 
Shantou Ruiyuan, Zhanjiang Evergreen, Zhanjiang Go-harvest, and 
Zhanjiang Runhai. On October 18, 2004, the Department received Hainan 
Golden's case brief.
    On October 19, 2004, the Department received case briefs from: 
Jinfu Trading, Zhangjian Guolian, Zhoushan Haichang, Asian Seafoods, 
Shantou Sez Xuhao, Zhejiang Evernew, Zhejiang Zhenglong, Zhoushan 
Industrial, Zhoushan Putuo, Zhoushan Xifeng, Daishan, Zhoushan 
Zhenyang, Yelin, Allied, Lingyang, Kaifeng, Shanghai Linghai, Zhoushan 
Diciyuan, Red Garden, Zhejiang Cereals, Taizhou Zhonghuan and 
Petitioners. On October 26, 2004, the Department received rebuttal 
briefs from Savvy, Zhanjiang Bobogo, Jinfu Trading, Zhangjian Guolian, 
Zhoushan Haichang, Zhejiang Evernew, Zhejiang Zhenglong, Zhoushan 
Industrial, Zhoushan Putuo, Zhoushan Xifeng, Daishan, Zhoushan 
Zhenyang, Yelin, Allied, Lingyang, Kaifeng, Shanghai Linghai, Zhoushan 
Diciyuan, Zhejiang Cereals, Taizhou Zhonghuan, Meizhou, Mingfeng, and 
Longfeng. On November 19, 2004, the Department received Red Garden's 
post-verification response.

Scope Comments by Interested Parties

    On July 16, 2004, the Department received a scope exclusion request 
on behalf of Xian-Ning Seafood Co. Ltd. (``Xian-Ning'') asking the 
Department to determine whether shrimp scampi is outside the scope of 
the antidumping investigation. On August 2, 2004, the Department 
received scope comments from Eastern Fish/Long John Silver (``Eastern 
Fish/LJS''). On September 24, 2004, the Department received Lee Kum 
Kee's request to determine whether shrimp sauce is outside the scope of 
this investigation. The Department scheduled a scope hearing for 
November 8, 2004, but postponed the hearing until November 23, 2004. On 
October 20, 2004, the Department received case briefs regarding dusted 
shrimp from Eastern Fish/LJS and Xian-Ning and also received a notice 
of intent from them to participate in the hearing. On October 25, 2004, 
the Department received a rebuttal brief from Eastern

[[Page 71000]]

Fish/LJS. On November 2, 2004, the Department received a letter from 
the American Breaded Shrimp Processors Association (``ABSPA'') 
objecting to the decision to cancel the hearing on scope issues. On 
November 4, 2004, the Department also sent a letter to ABSPA notifying 
them that they did not submit any case or rebuttal briefs in the scope 
issues and that they could not make any presentations in the scope 
hearing because they did not submit any case or rebuttal briefs. On 
November 18, 2004, Department officials met with Petitioners on the 
appropriate surrogate values for raw shrimp and whether or not to 
exclude dusted and battered shrimp from the scope of the investigations 
involving all of the countries in the shrimp investigations (Brazil, 
Ecuador, India, Thailand, PRC and Vietnam). On November 22, 2004, 
Department of Commerce officials met with representatives of Xian-Ning, 
to discuss their scope exclusion request for shrimp scampi.

Analysis of Comments Received

    The issue of separate rates raised in the case and rebuttal briefs 
by parties in this investigation are addressed in the Final Separate 
Rates Memorandum, dated November 29, 2004 (``Final Separate Rates 
Memorandum''), which is hereby adopted by this notice. The various 
scope issues are discussed in the ``Scope Comments'' section of this 
notice and the separate scope memoranda referenced in that section. All 
other issues raised in the case and rebuttal briefs by parties in this 
investigation are addressed in the Issues and Decision Memorandum, 
dated November 29, 2004, which is hereby adopted by this notice 
(``Decision Memorandum''). A list of the issues which parties raised 
and to which we respond in the Decision Memorandum is attached to this 
notice as an Appendix. The Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Main Commerce 
Building, Room B-099, and is accessible on the Web at http://ia.ita.doc.gov/. The paper copy and electronic version of the 
memorandum are identical in content.

Scope Comments

    On November 29, 2004, the Department made a scope determination 
with respect to Lee Kum Kee's shrimp sauce. See Memorandum from Edward 
C. Yang, Vietnam/NME Unit Coordinator, Import Administration to Barbara 
E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, Antidumping Investigation on Certain Frozen and Canned 
Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the Socialist 
Republic of Vietnam and the Socialist Republic of Vietnam: Scope 
Clarification on Lee Kum Kee's Shrimp Sauce (``Shrimp Sauce Scope 
Memo''), dated November 29, 2004. Based on the information presented by 
interested parties, the Department determines that Lee Kum Kee's shrimp 
sauce is excluded from the scope of this investigation. See Shrimp 
Sauce Scope Memo at 8.
    On November 29, 2004, the Department made a scope determination 
with respect to shrimp scampi. See Memorandum from Edward C. Yang, 
Vietnam/NME Unit Coordinator, Import Administration to Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
Antidumping Investigation on Certain Frozen and Canned Warmwater Shrimp 
from Brazil, Ecuador, India, Thailand, the Socialist Republic of 
Vietnam and the Socialist Republic of Vietnam: Scope Clarification on 
Shrimp Scampi (``Shrimp Scampi Scope Memo''), dated November 29, 2004. 
Based on the information presented by interested parties, the 
Department determines that shrimp scampi is included in the scope of 
this investigation. See Shrimp Scampi Scope Memo at 8.
    Additionally, on November 29, 2004, the Department made a scope 
determination with respect to dusted shrimp and battered shrimp. See 
Memorandum from Edward C. Yang, Vietnam/NME Unit Coordinator, Import 
Administration to Barbara E. Tillman, Acting Deputy Assistant Secretary 
for Import Administration, Antidumping Investigation on Certain Frozen 
and Canned Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the 
Socialist Republic of Vietnam and the Socialist Republic of Vietnam: 
Scope Clarification on Dusted Shrimp and Battered Shrimp (``Dusted/
Battered Scope Memo2''), dated November 29, 2004. Based on the 
information presented by interested parties, the Department determines 
that (1) certain dusted shrimp, produced from fresh (or thawed-from-
frozen) and peeled shrimp to which a ``dusting'' layer of rice or wheat 
flour of at least 95 percent purity has been applied so that the entire 
surface of the shrimp flesh is thoroughly and evenly coated with the 
flour and the non-shrimp content of the end product constitutes between 
4 to 10 percent of the product's total weight after being dusted, but 
prior to being frozen and is subjected to individually quick frozen 
freezing immediately after application of the dusting layer; and (2) 
battered shrimp, when dusted in accordance with the definition of 
dusting, coated with a wet viscous layer containing egg and/or milk, 
and par-fried are excluded from the scope of this investigation. See 
Dusted/Battered Scope Memo at 28.

Scope of Investigation

    The scope of this investigation includes certain warmwater shrimp 
and prawns, whether frozen or canned, 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 or canned form.
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    \5\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    The frozen or canned warmwater shrimp and prawn products included 
in the scope of the investigations, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), are 
products which are processed from warmwater shrimp and prawns through 
either freezing or canning 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 this investigation. 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 this investigation.
    Excluded from the scope are (1) breaded shrimp and prawns 
(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

[[Page 71001]]

whether shell-on or peeled (0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (1605.20.05.10); and (5) dried 
shrimp and prawns.
    The products covered by this investigation are currently classified 
under the following HTSUS subheading: 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, 1605.20.10.30, and 1605.20.10.40. These HTSUS 
subheadings are provided for convenience and for customs purposes only 
and are not dispositive, but rather the written descriptions of the 
scope of this investigation is dispositive.
    The Department has issued nine decisions regarding the scope of the 
merchandise covered by this investigation: (1) On May 21, 2004, the 
Department declined to expand the scope of this investigation to 
include fresh (never frozen) shrimp; (2) on July 2, 2004, pursuant to a 
request from Ocean Duke, the Department found that its ``Seafood Mix'' 
is excluded from the scope of this investigation; (3) on July 2, 2004, 
the Department found that salad shrimp, sold in counts of 250 pieces or 
higher, are included within the scope of the this investigation; (4) on 
July 2, 2004, the Department found Macrobrachium Rosenbergii and 
organic shrimp included within the scope of this investigation; (5) on 
July 2, 2004, the Department found that peeled shrimp are included 
within the scope of this investigation; (6) on November 29, 2004, the 
Department found that shrimp sauce is excluded from the scope of this 
investigation; (7) on November 29, 2004, the Department found Xian-Ning 
Seafood Co., Ltd.'s scampi shrimp included within the scope of this 
investigation; (8) on November 29, 2004, the Department found certain 
dusted shrimp \6\ are outside the scope of this investigation; and (9) 
on November 29, 2004, the Department found certain battered shrimp \7\ 
are outside the scope of this investigation.
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    \6\ Dusted shrimp is a shrimp-based product that (1) 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) So that the entire surface of the 
shrimp flesh is thoroughly and evenly coated with the flour; and (4) 
The non-shrimp content of the end product constitutes between 4 to 
10 percent of the product's total weight after being dusted, but 
prior to being frozen; and (5) Is subjected to IQF freezing 
immediately after application of the dusting layer. See Memorandum 
from Edward C. Yang, NME Unit Coordinator, Import Administration to 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration Antidumping Investigation on Certain Frozen and 
Canned Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the 
Socialist Republic of Vietnam and the Socialist Republic of Vietnam: 
Scope Clarification on Dusted Shrimp and Battered Shrimp (``Dusted/
Battered Scope Memo2''), dated November 29, 2004.
    \7\ 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.
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Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the Mandatory Respondents and certain Section 
A Respondents for use in our final determination. See the Department's 
verification reports on the record of this investigation in the CRU 
with respect to Allied, Red Garden, Yelin, Zhanjiang Guolian, Shantou 
Ocean, and Meizhou. For all verified companies, we used standard 
verification procedures, including examination of relevant accounting 
and production records, as well as original source documents provided 
by the respondents.

Period of Investigation

    The period of investigation (``POI'') is April 1, 2003, through 
September 30, 2003. This period corresponds to the two most recent 
fiscal quarters prior to the month of the filing of the petition. See 
Section 351.204(b)(1) of the Department's regulations.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
India as the appropriate surrogate country to use in this investigation 
for the following reasons: (1) India is at a level of economic 
development comparable to that of the PRC; (2) Indian manufacturers 
produce comparable merchandise and are significant producers of frozen 
and canned warmwater shrimp; (3) India provides the best opportunity to 
use appropriate, publicly available data to value the factors of 
production. See Preliminary Determination, 69 FR at 42678; and see 
Memorandum from Ron Lorentzen to James Doyle: Antidumping Duty 
Investigation on Certain Frozen and Canned Warmwater Shrimp from the 
People's Republic of China, dated March 10, 2004. We received no 
comments from interested parties concerning our selection of India as 
the surrogate country. For the final determination we have determined 
to continue to use India as the surrogate country and, accordingly, 
have calculated normal value using Indian prices to value the 
respondents' factors of production, when available and appropriate. We 
have obtained and relied upon publicly available information wherever 
possible. For a detailed description of the surrogate values that have 
changed as a result of comments the Department has received, see Final 
Surrogate Value Memorandum (November 29, 2004).

Separate Rates

    In the Preliminary Determination and the Amended Preliminary 
Determination the Department found that several companies which 
provided responses to Section A of the antidumping questionnaire were 
eligible for a rate separate from the PRC-wide rate. For the final 
determination, we have determined that additional companies have 
qualified for separate-rate status. See Final Separate Rates 
Memorandum. For a complete listing of all the companies that received a 
separate rate, see the ``Final Determination Margins'' section below.
    As discussed below, the Department applied adverse facts available 
with respect to Meizhou, because we have determined that Meizhou did 
not provide verifiable information to support its request for a 
separate rate. Accordingly, Meizhou has not overcome the presumption 
that it is part of the PRC-wide entity and its entries will be subject 
to the PRC-wide rate.
    The margin we calculated in the Preliminary Determination for the 
companies receiving a separate rate was 49.09 percent. Because the 
rates of the selected Mandatory Respondents have changed since the 
Preliminary Determination and the Amended Preliminary Determination, we 
have recalculated the rate for Section A Respondents that are eligible 
for a separate rate. The rate is 55.23 percent. See Memorandum to the 
File from John D. A. LaRose, Calculation of Section A Rates, dated 
November 29, 2004.

Critical Circumstances

    For this final determination there have been no changes to the 
preliminary affirmative critical circumstances determinations. As such, 
the Department continues to find that critical circumstances exist for 
the following entities: Allied, Yelin, all the Section A Respondents 
granted a separate rate, and the PRC-wide entity. Additionally, for 
this final determination we continue to find that critical 
circumstances do not exist with regard to imports of certain frozen and 
canned warmwater shrimp from the PRC for Zhanjiang Guolian or Red 
Garden. For further details regarding the Department's critical 
circumstances analysis from the Preliminary

[[Page 71002]]

Determination, please see the Memo from Edward C. Yang, Office Director 
to Jeffrey A. May, Deputy Assistant Secretary for Import 
Administration, Regarding the Antidumping Duty Investigation of Certain 
Frozen and Canned Warmwater Shrimp from the People's Republic of 
China--Partial Affirmative Preliminary Determination of Critical 
Circumstances, dated July 2, 2004.
    On October 6, 2004, Lingyang submitted three years of its company-
specific export data for the Department's critical circumstances 
analysis. However, because the Department has determined that Lingyang 
is not entitled to a separate rate and continues to be part of the PRC-
wide entity, we have not considered this data for the final 
determination. See Final Determination for Sales at Less than Fair 
Value Investigation of Certain Frozen and Canned Warmwater Shrimp from 
the People's Republic of China: Section A Respondents Issues Memorandum 
from Julia Hancock, Case Analyst through James C. Doyle, Edward C. Yang 
(``Final Section A Respondent Memo''), dated November 29, 2004 at 
Attachment II.

The PRC-Wide Rate

    Because we begin with the presumption that all companies within a 
non market-economy (``NME'') country are subject to government control 
and because only the companies listed under the ``Final Determination 
Margins'' section below have overcome that presumption, we are applying 
a single antidumping rate--the PRC-wide rate--to all other exporters of 
subject merchandise from the PRC. Such companies did not demonstrate 
entitlement to a separate rate. See, e.g., Final Determination of Sales 
at Less Than Fair Value: Synthetic Indigo from the People's Republic of 
China, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all 
entries of subject merchandise except for entries from the respondents 
which are listed in the ``Final Determination Margins'' section below 
(except as noted). The information used to calculate this PRC-wide rate 
was corroborated independently with some small changes in accordance 
with section 776(c) of the Act. See Memorandum to the File from Alex 
Villanueva, Senior Case Analyst through James C. Doyle, Program Manager 
and Edward C. Yang, Director, NME Unit, Preliminary Determination in 
the Investigation of Certain Frozen and Canned Warmwater Shrimp from 
the People's Republic of China, Corroboration Memorandum 
(``Corroboration Memo''), (July 2, 2004).

Facts Available

Red Garden's Partial Adverse Facts Available

    For the final determination, the Department is applying partial 
facts available to Red Garden regarding a portion of its sales produced 
by Meizhou because it failed to provide the factors of production 
(``FOP'') data that the Department had requested, in accordance with 
section 776(a)(2)(A) of the Act.
    Section 776(a)(2) of the Act provides that if an interested party: 
(A) Withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    In its August 5, 2004 submission and subsequent rebuttal brief, Red 
Garden chronicled its various attempts to obtain FOP information from 
Meizhou pertaining to its purchases of subject merchandise during the 
POI. However, at the Department's verification of Meizhou, the current 
ownership provided an inconsistent account of Red Garden's attempt to 
obtain this information from what Red Garden had previously reported to 
the Department. See Red Garden's August 5, 2004 Supplemental 
Questionnaire Response at Exhibit 1. On the basis of these inconsistent 
accounts of Red Garden's efforts, we find that Red Garden withheld 
information that had been requested by the Department and provided 
unverifiable information.
    Furthermore, in accordance with section 776(b) of the Act, the 
Department found that Red Garden failed to cooperate to the best of its 
ability to comply with the Department's request for information, and, 
therefore, finds an adverse inference is warranted in determining the 
facts otherwise available.
    During the time period that Meizhou completed its own responses, 
company officials had access to the records needed by Red Garden. See 
Memorandum from John D.A. LaRose to Alex Villanueva, Acting Program 
Manager, regarding Verification of Sales and Factors of Production for 
Meizhou Aquatic Shantou Ocean Freezing Antidumping Duty Investigation 
of Certain Canned and Frozen Warmwater Shrimp from the People's 
Republic of China, (September 22, 2004). Thus, we find that Red Garden, 
despite its information to the contrary, by not contacting current 
ownership of Meizhou, or the ownership that was in place when Red 
Garden was responding to the Department's questionnaires, did not act 
to the best of its ability to obtain the FOP information from Meizhou. 
The Department determines that partial adverse facts is warranted for 
the portion of Red Garden's sales produced by Meizhou. Therefore, we 
are applying the PRC-wide rate to all of these sales by Red Garden 
during the POI.

Yelin's Partial Facts Available

    For the final determination, the Department is applying partial 
facts available for Yelin's purchases of STPP used in the processing 
stage of subject merchandise production in accordance with sections 
776(a)(1) and 776(a)(2)(D) of the Act.
    When calculating its STPP usage, Yelin incorrectly allocated STPP 
usage over the shrimp input factor. See Memorandum from John D.A. 
LaRose to Alex Villanueva, Acting Program Manager, regarding 
Verification of Sales and Factors of Production for Yelin Enterprise 
Co. Hong Kong, Antidumping Duty Investigation of Certain Canned and 
Frozen Warmwater Shrimp from the People's Republic of China (``Yelin 
Verification Report''), dated October 12, 2004 at 22. It is inaccurate 
for Yelin to allocate this consumption over the shrimp input because it 
misrepresents the actual usage of STPP. In order for the Department to 
calculate the most accurate dumping margin for Yelin, normal value 
should be calculated using all of Yelin's FOPs during the POI. Because 
the STPP usage was not reported correctly, the reported usage by Yelin 
was not verifiable. At verification, the Department further explored 
the issue by requesting Yelin's purchase records for STPP. Yelin's 
audited financial records did not reflect STPP purchases. Id. 
Therefore, the Department determines that Yelin was unable to support 
its reported STPP usage rates.
    In accordance with section 776(a)(2)(D) of the Act, the Department 
may determine that facts available apply due to the Department's 
inability to verify information provided by an interested party. 
Because Yelin was unable to support its purchases and usage of STPP, 
the Department is applying partial facts available for Yelin's factor 
usage for STPP. As facts available, the Department has calculated the 
factor usage ratio for STPP by taking the highest monthly volume figure 
of

[[Page 71003]]

STPP, multiplying that figure by six (for the six months in the POI) 
and dividing that by production of total finished product during the 
POI.
    In addition, the Department is applying partial facts available 
regarding Yelin's sales of its by-product offset to normal value in the 
final determination. The Department at verification determined that 
Yelin's audited financial records did not reflect any by-product sales. 
See Yelin Verification Report at 22. In order for the Department to 
properly offset Yelin's normal value for its by-products sales, the 
Department would need evidence that Yelin actually sold the by-products 
during the POI. At verification, Yelin provided unofficial information 
regarding its by-product sales which could not be reconciled to its 
audited financial statements. In accordance with section 776(a)(2)(D) 
of the Act, because the Department was unable to verify information 
provided by Yelin, the Department is not making an adjustment to normal 
value for by-product sales.

Zhanjiang Guolian's Partial Facts Available

    For the final determination, the Department is applying partial 
facts available regarding Zhanjiang Guolian's unreported consumption of 
diesel fuel. See Memorandum from Irene Gorelik to Alex Villanueva, 
Acting Program Manager, regarding Verification of Sales and Factors of 
Production for Zhanjiang Guolian Aquatic Products Co., Ltd. Antidumping 
Duty Investigation of Certain Canned and Frozen Warmwater Shrimp from 
the People's Republic of China, dated September 24, 2004. The 
Department learned during verification that this particular factor is 
used at an integral stage of Zhanjiang Guolian's farming and processing 
operations. Therefore, the Department finds that diesel fuel is a 
significant expense related to transport of the primary input and must 
be included in the FOP database. In accordance with section 776(a)(1) 
of the Act, the Department may use the facts available if necessary 
information is not available on the record.
    In its case brief submitted on October 19, 2004, Zhanjiang Guolian 
stated that diesel fuel was booked in the company's financial records 
as overhead. However, the Department found that the diesel fuel used by 
Zhanjiang Guolian is a significant material input for the production of 
subject merchandise. Zhanjiang Guolian did not report diesel fuel as a 
factor of production in the questionnaire dated February 25, 2004. 
Thus, since diesel fuel as an FOP is not on the record, the Department 
must make a determination using the facts available with regard to 
Zhanjiang Guolian's consumption of diesel fuel during the POI.
    As facts available, the Department is using information from 
Zhanjiang Guolian obtained at verification to calculate the value for 
diesel fuel consumption. See Preliminary Factor Valuation Memo at 
Exhibit 6 and Memorandum to James C. Doyle, Office Director, from John 
D.A. LaRose, Case Analyst, through Alex Villanueva, Acting Program 
Manager, Regarding Selection of Surrogate Factor Values for Allied 
Pacific, Yelin, Zhanjiang Guolian, and Red Garden (``Final Factor 
Valuation Memorandum'').

Changes Since the Preliminary Determination

    Based on our findings at verification, additional information 
placed on the record of this investigation, and analysis of comments 
received, we have made adjustments to the calculation methodology for 
the final dumping margins in this proceeding. For discussion of the 
company-specific changes made since the preliminary determination to 
the final margin programs, see Final Analysis Memo for Allied, Final 
Analysis Memo for Red Garden, Final Analysis Memo for Yelin, and Final 
Analysis Memo for Zhangjian Guolian.

Margins for Cooperative Exporters Not Selected

    For those exporters who responded to Section A of the Department's 
antidumping questionnaire, established their claim for a separate rate, 
and had sales of the merchandise under investigation, but were not 
selected as Mandatory Respondents in this investigation, the Department 
has calculated a weighted-average margin based on the rates calculated 
for those exporters that were selected to respond in this 
investigation, excluding any rates that are zero, de minimis or based 
entirely on adverse facts available. Companies receiving this rate are 
identified by name in the ``Suspension of Liquidation'' section of this 
notice. See Notice of Preliminary Determination of Sales at Less Than 
Fair Value: Honey from the People's Republic of China, 64 FR 24101 (May 
11, 2001). For further discussion, see the Preliminary Determination.

Surrogate Values

    The Department made changes to the surrogate values used to 
calculate the normal value from the Preliminary Determination. For a 
complete discussion of the surrogate values, see Issues and Decisions 
Memorandum at Comments 1, 2, 7 (B), and 9 (D) and (F).

Final Determination Margins

    We determine that the following percentage weighted-average margins 
exist for the POI:

------------------------------------------------------------------------
                                                Weighted-average margin
                   Company                             (percent)
------------------------------------------------------------------------
Allied Pacific Group (``Allied'')............  84.93
Yelin Enterprise Co Hong Kong (``Yelin'')....  82.27
Shantou Red Garden Foodstuff Co., Ltd. (``Red  27.89
 Garden'').
Zhanjiang Guolian Aquatic Products Co., Ltd.   .07
 (``Zhanjiang Guolian'').                      (de minimis)
PRC Wide Rate................................  112.81
------------------------------------------------------------------------


      Certain Frozen and Canned Warmwater Shrimp from PRC Section A
                               Respondents
------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Asian Seafoods (Zhanjiang) Co., Ltd.....................           55.23
Beihai Zhengwu Industry Co., Ltd........................           55.23
Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng                55.23
 (Group) Co., Ltd.) (Shantou/Chaoyang Qiaofeng).........

[[Page 71004]]

 
Chenghai Nichi Lan Food Co., Ltd........................           55.23
Dalian Ftz Sea-Rich International Trading Co., Ltd......           55.23
Dongri Aquatic Products Freezing Plants.................           55.23
Fuqing Dongwei Aquatic Products Industry Co., Ltd.......           55.23
Gallant Ocean (Liangjiang) Co., Ltd.....................           55.23
Hainan Fruit Vegetable Food Allocation Co., Ltd.........           55.23
Hainan Golden Spring Foods Co., Ltd./Hainan Brich                  55.23
 Aquatic Products Co., Ltd..............................
Kaifeng Ocean Sky Industry Co., Ltd.....................           55.23
Leizhou Zhulian Frozen Food Co., Ltd....................           55.23
Pingyang Xinye Aquatic Products Co., Ltd................           55.23
Savvy Seafood Inc.......................................           55.23
Shanghai Taoen International Trading Co., Ltd...........           55.23
Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng           55.23
 Foodstuffs Co., Ltd.)..................................
Shantou Wanya Food Factory Co., Ltd.....................           55.23
Shantou Jinyuan District Mingfeng Quick-Frozen Factory..           55.23
Shantou Ocean Freezing Industry and Trade General                  55.23
 Corporation............................................
Shantou Shengping Oceanstar Business Co., Ltd...........           55.23
Shantou Yuexing Enterprise Company......................           55.23
Shantou Ruiyuan Industry Co., Ltd.......................           55.23
Shantou Freezing Aquatic Product Food Stuffs Co.........           55.23
Shantou Jinhang Aquatic Industry Co., Ltd...............           55.23
Xuwen Hailang Breeding Co., Ltd.........................           55.23
Yantai Wei-Cheng Food Co., Ltd..........................           55.23
Zhangjiang Newpro Food Co., Ltd.........................           55.23
Zhangjiang Bobogo Ocean Co., Ltd........................           55.23
Zhanjiang Runhai Foods Co., Ltd.........................           55.23
Zhanjiang Go-Harvest Aquatic Products Co., Ltd..........           55.23
Zhanjiang Universal Seafood Corp........................           55.23
Zhanjiang Evergreen Aquatic Product Science and                    55.23
 Technology Co., Ltd....................................
Zhoushan Huading Seafood Co., Ltd.......................           55.23
Zhoushan Cereals Oils and Foodstuffs Import and Export             55.23
 Co., Ltd...............................................
Zhoushan Lizhou Fishery Co., Ltd........................           55.23
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of subject merchandise from Red 
Garden, that are entered, or withdrawn from warehouse, for consumption 
on or after the July 16, 2004, the date of publication of the 
Preliminary Determination. However, with respect to Allied, Yelin, all 
the Section A Respondents granted a separate rate, and all other PRC 
exporters, the Department will continue to direct CBP to suspend 
liquidation of all entries of certain frozen and canned warmwater 
shrimp from the PRC that are entered, or withdrawn from warehouse, on 
or after 90 days before the July 16, 2004, the date of publication of 
the Preliminary Determination. With respect to Zhanjiang Guolian, the 
Department will not direct the CBP suspend liquidation of any entries 
of certain frozen and canned warmwater shrimp from the PRC as described 
in the ``Scope of Investigation'' section, that are entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. The Department does 
not require any cash deposit or posting of a bond for Zhanjiang Guolian 
when the subject merchandise is produced and exported by Zhanjiang 
Guolian. These suspension of liquidation instructions will remain in 
effect until further notice.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, within 45 days the ITC will determine whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of the subject merchandise. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all securities posted will 
be refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.


[[Page 71005]]


    Dated: November 29, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

I. General Issues:
    Comment 1: Raw Shrimp Surrogate Value
    Comment 2: Surrogate Value for Labor
    Comment 3: Combination Rates
    Comment 4: Weight Averaging the Dumping Margins
    Comment 5: Department's Offset Methodology
II. Company-Specific Issues
    Comment 6: Red Garden
    A. Weighting Factor Between Mingfeng \8\ and Long Feng \9\
---------------------------------------------------------------------------

    \8\ Shantou Jinyuan District Mingfeng Quick-Frozen Factory.
    \9\ Shantou Long Feng Foodstuffs Co., Ltd.
---------------------------------------------------------------------------

    B. Partial Adverse Facts Available for Sales Made using Meizhou 
\10\
---------------------------------------------------------------------------

    \10\ Meizhou Aquatic Shantou Ocean Freezing.
---------------------------------------------------------------------------

    C. Red Garden's Deposit Rate
    Comment 7: Yelin & Allied Pacific
    A. Critical Circumstances
    B. Surrogate Financial Ratios
    Comment 8: Yelin
    A. Facts Available for Water, Electricity, Diesel Fuel and Heavy 
Oil
    B. Facts Available for Labor
    C. Partial Facts Available for STPP \11\
---------------------------------------------------------------------------

    \11\ Sodium Tripolyphosphate.
---------------------------------------------------------------------------

    D. Denial of By-Products Offset
    E. Rejected Submissions
    Comment 9: Zhanjiang Guolian
    A. Minor Corrections
    B. Ice and Diesel Fuel
    C. Land Lease
    D. Surrogate Value for Shrimp Feed
    E. Valuation of Integrated Factors of Production
    F. Surrogate Financial Ratios

[FR Doc. 04-26976 Filed 12-7-04; 8:45 am]
BILLING CODE 3510-DR-P