Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 70997

on refinery inputs covered under 

HTSUS Subheadings 2709.00.10, 

2709.00.20, 2710.11.25, 2710.11.45, 

2710.19.05, 2710.19.10, 2710.19.45, 

2710.91.00, 2710.99.05, 2710.99.10, 

2710.99.16, 2710.99.21 and 2710.99.45 

which are used in the production of: 

—certain petrochemical feedstocks 

and refinery by-products; 

—products for export; 

—and, products eligible for entry 

under HTSUS Subheadings 9808.00.30 

and 9808.00.40 (U.S. Government 

purchases). 

3. The authority with regard to the 

NPF option is initially granted until 

September 30, 2005, subject to 

extension. 

The zone grantees on behalf of the 

refining/petrochemical facilities listed 

below are now requesting that the 

authority for the NPF option (Condition 

3) be extended. 

The refineries/petrochemical 

complexes produce fuels and 

petrochemical feedstocks from crude oil 

and other inputs, such as naphtha and 

natural gas condensate. Fuel products 

include gasoline, jet fuel, distillates, 

residual fuels, and motor fuel 

blendstocks. Petrochemical feedstocks 

and refinery by-products produced 

under zone procedures (NPF option) 

have included: benzene, toluene, 

xylene, naphthalene, natural gas—

liquified & gaseous, ethane, propane, 

butane, ethylene, propylene, butylene, 

butadiene, paraffin waxes & petroleum 

jelly, carbon black oil, petroleum coke, 

asphalt, sulfur, sulfuric acid, cumene, 

pseudocumene, n-pentane and 

isopentane, isoprene, 

dicyclopentadiene, styrene, other 

aromatic hydrocarbon mixtures, 

mixtures of hydrocarbons not elsewhere 

specified, and certain other saturated 

and unsaturated acyclic and cyclic 

hydrocarbons. (Although the refining/

petrochemical plants vary in their 

petroleum product slate, the review 

would generally include the full range 

of products listed above for all 

refineries.) 

Zone procedures exempt the 

refineries from Customs duty payments 

on the foreign products used in exports. 

On domestic sales, the NPF option 

allows the companies to choose the 

Customs duty rates that apply to certain 

petrochemical feedstocks and refinery 

by-products (HTSUS duty rates for most 

of these products are zero) by admitting 

incoming foreign crude oil and natural 

gas condensate in non-privileged foreign 

status. Such petrochemicals and byproducts account for about 25 to 30 

percent of refinery activity, on average. 

The duty rates on inputs range from 

5.25¢/barrel to 10.5¢/barrel. Duties on 

inputs used to make fuel products 

(motor gasoline, jet fuel, blendstocks), 

which constitute some 70 to 75 percent 

of production, will continue to be 

dutiable at the crude oil rate. The 

applications indicate that the 

continuation of authority to elect nonprivileged foreign status will contribute 

to the refineries’ international 

competitiveness.

Board order Subzone Company Location Docket No. 

Grantee: Port of Long Beach, California 

1050 .................. 50G .......... Shell Oil Products U.S. .............................. Los Angeles, CA ........................................ Doc. 54(1)–04 

Grantee: Port of Corpus Christi Authority 

1086 .................. 122N ........ Equistar Chemicals, LP ............................. Nueces Co., TX ......................................... Doc. 54(2)–04 

Grantee: Port of Freeport, Texas 

1087 .................. 149F ........ Equistar Chemicals, LP ............................. Brazoria Co., TX ........................................ Doc. 54(3)–04 

1088 .................. 149G ........ Dow Chemical Company ........................... Brazoria Co., TX ........................................ Doc. 54(3)–04 

Grantee: Board of Harbor Commissioners of the City of Los Angeles 

1032 .................. 202C ........ ConocoPhillips Company .......................... Los Angeles, CA ........................................ Fov. 54(5)–04 

In accordance with the Board’s 

regulations, a member of the FTZ Staff 

has been designated examiner to 

investigate the requests and report to the 

Board. 

Public comment on these proposals is 

invited from interested parties. 

Submissions (original and 3 copies) 

shall be addressed to the Board’s 

Executive Secretary at one of the 

following addresses: 

1. Submissions Via Express/Package 

Delivery Services: Foreign-Trade-Zones 

Board, U.S. Department of Commerce, 

Franklin Court Building—Suite 4100W, 

1099 14th St. NW., Washington, DC 

20005; or 

2. Submissions Via the U.S. Postal 

Service: Foreign-Trade-Zones Board, 

U.S. Department of Commerce, FCB—

Suite 4100W, 1401 Constitution Ave. 

NW., Washington, DC 20230. 

The closing period for their receipt is 

February 7, 2005. Rebuttal comments in 

response to material submitted during 

the foregoing period may be submitted 

during the subsequent 15-day period (to 

February 22, 2005). 

Copies of the requests will be 

available for public inspection at the 

Office of the Foreign-Trade Zones 

Board’s Executive Secretary at address 

Number 1 listed above.

Dated: December 2, 2004. 

Dennis Puccinelli, 

Executive Secretary.

[FR Doc. 04–26974 Filed 12–7–04; 8:45 am] 

BILLING CODE 3510–DS–P

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 

70998 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

1Allied 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’’).

2Asian 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 SeaRich’’); 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’’).

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).

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.

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; Yelin3; 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.

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 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 70999

4Allied and Yelin (collectively ‘‘GDLSK 

Respondents’’).

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’ preverification 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 WeiCheng, 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

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 WeiCheng 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 postverification 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 

71000 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

5 ‘‘Tails’’ in this context means the tail fan, which 

includes the telson and the uropods.

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 farmraised (produced by aquaculture), headon or head-off, shell-on or peeled, tailon or tail-off,5 deveined or not 

deveined, cooked or raw, or otherwise 

processed in frozen or canned form.

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 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71001

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.

7Battered 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.

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.

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 separaterate 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 

71002 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

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 companyspecific 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 PRCwide 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 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 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 byproducts 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:

Company 

Weighted-average margin (percent) 

Allied Pacific Group (‘‘Allied’’) ........................................................................................................................................................... 84.93 

Yelin Enterprise Co Hong Kong (‘‘Yelin’’) ........................................................................................................................................ 82.27 

Shantou Red Garden Foodstuff Co., Ltd. (‘‘Red Garden’’) .............................................................................................................. 27.89 

Zhanjiang Guolian Aquatic Products Co., Ltd. (‘‘Zhanjiang Guolian’’) ............................................................................................. .07 

(de minimis) 

PRC Wide Rate ................................................................................................................................................................................ 112.81 

CERTAIN FROZEN AND CANNED WARMWATER SHRIMP FROM PRC SECTION A RESPONDENTS

Manufacturer/exporter 

Weighted-average margin 

(percent) 

Asian Seafoods (Zhanjiang) Co., Ltd. ................................................................................................................................................. 55.23 

Beihai Zhengwu Industry Co., Ltd. ...................................................................................................................................................... 55.23 

Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng (Group) Co., Ltd.) (Shantou/Chaoyang Qiaofeng) ................................... 55.23 

71004 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

CERTAIN FROZEN AND CANNED WARMWATER SHRIMP FROM PRC SECTION A RESPONDENTS—Continued

Manufacturer/exporter 

Weighted-average margin 

(percent) 

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 Aquatic Products Co., Ltd. .............................................................................. 55.23 

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 Foodstuffs Co., Ltd.) .......................................................................... 55.23 

Shantou Wanya Food Factory Co., Ltd. .............................................................................................................................................. 55.23 

Shantou Jinyuan District Mingfeng Quick-Frozen Factory .................................................................................................................. 55.23 

Shantou Ocean Freezing Industry and Trade General Corporation ................................................................................................... 55.23 

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 Technology Co., Ltd. ......................................................................................... 55.23 

Zhoushan Huading Seafood Co., Ltd. ................................................................................................................................................. 55.23 

Zhoushan Cereals Oils and Foodstuffs Import and Export Co., Ltd. .................................................................................................. 55.23 

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.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71005

8Shantou Jinyuan District Mingfeng QuickFrozen Factory.

9Shantou Long Feng Foodstuffs Co., Ltd.

10Meizhou Aquatic Shantou Ocean Freezing.

11Sodium Tripolyphosphate.

1Camau Frozen Seafood Processing Import 

Export Corporation (‘‘Camimex’’); Kim Anh Co., 

Ltd. (‘‘Kim Anh’’); Minh Phu Seafood Corporation 

(‘‘Minh Phu’’); Minh Hai Joint-Stock Seafoods 

Processing Company (‘‘Seaprodex Minh Hai’’).

2Can Tho Animal Fisheries Product Processing 

Export Enterprise (‘‘Cafatex’’); Cai Doi Vam Seafood 

Import Export Company (‘‘Cadovimex’’); Sao Ta 

Foods Joint Stock Company (‘‘Fimex VN’’); Viet Hai 

Seafood Company (‘‘Vietnam Fish-One’’); Kiengiang 

Seafood Import Export Company (‘‘Kisimex’’); Soc 

Trang Aquatic Products and General Import Export 

Company (‘‘Stapimex’’); Coastal Fisheries 

Development Corporation (‘‘Cofidec’’); Phuong Nam 

Co., Ltd. (‘‘Phuong Nam’’); Cuu Long Seaproducts 

Company (‘‘Cuulong Seapro’’); Minh Hai Export 

Frozen Seafood Processing Joint-Stock Company 

(‘‘Jostoco’’); Can Tho Agriculture and Animal 

Products Import Export Company (‘‘Cataco’’); Nha 

Trang Fisheries Co. (‘‘Nha Trang’’); Nhatrang 

Seaproduct Company (‘‘Nhatrang Seafoods’’); Minh 

Hai Seaproducts Import and Export Corporation 

(‘‘Seaprimex’’); Thuan Phuoc Seafoods and Trading 

Corporation; Nha Trang Fisheries Joint Stock 

Company (‘‘Nhatrang Fisco’’); Danang Seaproducts 

Import Export Company (‘‘Seaprodex Danang’’); 

C.P. Vietnam Livestock; UTXI Aquatic Products 

Processing Company (‘‘UTXI’’); Viet Nhan 

Company; Investment Commerce Fisheries 

Corporation (‘‘Incomfish’’); Vinhloi Import Export 

Company (‘‘VIMEXCO’’); Bac Lieu Fisheries; Viet 

Foods Co., Ltd. (‘‘Viet Foods’’); Truc An Company 

(‘‘Truc An’’); Cam Ranh Seafoods Processing 

Enterprise Company (‘‘Camranh Seafoods’’); Hai 

Thuan Company (‘‘Hai Thuan’’); Phu Cuong 

Seafood Processing (‘‘Phu Cuong’’); Ngoc Sinh 

Company (‘‘Ngoc Sinh’’); Aquatic Product Trading 

Company (‘‘APT’’); Song Huong ASC Import-Export 

Company Ltd. (‘‘ASC’’); Hanoi Seaproducts Import 

Export Corp. (‘‘Seaprodex Hanoi’’); Pataya Food 

Industries (Vietnam) Ltd. (‘‘Pataya VN’’); and 

Amanda Foods (Vietnam) Ltd. (‘‘Amanda’’).

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

B. Partial Adverse Facts Available for Sales 

Made using Meizhou 10

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

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

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–552–802] 

Final Determination of Sales at Less 

Than Fair Value: Certain Frozen and 

Canned Warmwater Shrimp From the 

Socialist Republic of Vietnam

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

SUMMARY: On July 16, 2004, the 

Department of Commerce published its 

preliminary determination of sales at 

less than fair value (‘‘LTFV’’), negative 

preliminary determination of critical 

circumstances, and postponement of the 

final determination in the antidumping 

investigation of certain frozen and 

canned warmwater shrimp from the 

Socialist Republic of Vietnam 

(‘‘Vietnam’’). On September 1, 2004, the 

Department of Commerce published an 

amended preliminary determination of 

sales at LTFV. The period of 

investigation (‘‘POI’’) is April 1, 2003, 

through September 30, 2003. 

The investigation covers four shrimp 

processors which are Mandatory 

Respondents 1 and 34 Section A 

Respondents.2 We invited interested 

parties to comment on our preliminary 

determination and amended 

preliminary determination of sales at 

LTFV. Based on our analysis of the 

comments we received, we have made 

changes to our calculations for the four 

Mandatory Respondents.

DATES: Effective Date: December 8, 2004.

FOR FURTHER INFORMATION CONTACT: Alex 

Villanueva, AD/CVD Operations, Office 

9, 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 

Vietnam is being, or is likely to be, sold 

in the United States at 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. 

Case History 

The Department of Commerce (the 

‘‘Department’’) published its 

preliminary determination of sales at 

LTFV on July 16, 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 Socialist Republic of Vietnam, 69 FR 

42672 (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 

Socialist Republic of Vietnam, 69 FR 

53411 (September 1, 2004) (‘‘Amended 

Preliminary Determination’’). 

The Department conducted 

verification of the Mandatory 

Respondents and certain Section A 

Respondents’ data in Vietnam. See the 

‘‘Verification’’ section below for 

additional information. 

We invited parties to comment on the 

Preliminary Determination and 

Amended Preliminary Determination. 

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,’’

the Respondents and other interested 

parties to this investigation. 

On October 20, 2004, parties 

submitted case briefs. On October 29, 

2004, parties submitted rebuttal briefs. 

Since the Preliminary Determination, 

the following events have occurred: 

Company Specific Comments 

On July 16, 2004, the Department 

received the sales reconciliation from 

Camimex, Kim Anh, Seaprodex Minh 

Hai and Minh Phu. 

On July 21, 2004, the Department 

received comments from the 

Respondents on the Department’s 

Customs instructions.

On July 26, 2004, the Department sent 

supplemental questionnaires to 

Seaprodex Minh Hai and Camimex. On 

July 27, 2004 the Department sent 

supplemental questionnaires to Kim 

Anh and Minh Phu. On July 30, 2004 

the Department received a request for an 

extension to respond to the 

supplemental questionnaires from 

Camimex, Kim Anh and Seaprodex 

Minh Hai and served the verification 

schedule on all interested parties. On