76916 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

1The petitioners in this investigation are the Ad 

Hoc Shrimp Trade Action Committee (an ad hoc

coalition representative of U.S. producers of frozen 

and canned warmwater shrimp and harvesters of 

wild-caught warmwater shrimp), Versaggi Shrimp 

Corporation, and Indian Ridge Shrimp Company.

2This brief related only to scope issues.

3 In addition to these scope determinations, the 

Department previously made five other scope 

determinations: (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 Corporation, an interested party in this 

investigation, 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 

this investigation; (4) on July 2, 2004, the 

Department found that Macrobrachium rosenbergii

and organic shrimp are included within the scope 

of this investigation; and (5) on July 2, 2004, the 

Department found that peeled shrimp are included 

within the scope of this investigation.

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

includes the telson and the uropods.

Comment 29: Adjustment of Promarisco’s 

G&A Expense Ratio to Exclude Packing 

Expenses

[FR Doc. 04–28169 Filed 12–21–04; 10:32 

am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–533–840] 

Notice of Final Determination of Sales 

at Less Than Fair Value and Negative 

Final Determination of Critical 

Circumstances: Certain Frozen and 

Canned Warmwater Shrimp From India

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

EFFECTIVE DATE: December 23, 2004.

SUMMARY: On August 4, 2004, the 

Department of Commerce published its 

preliminary determination of sales at 

less than fair value of certain frozen and 

canned warmwater shrimp from India. 

The period of investigation is October 1, 

2002, through September 30, 2003. 

Based on our analysis of the 

comments received, we have made 

changes in the margin calculations. 

Therefore, the final determination 

differs from the preliminary 

determination. The final weightedaverage dumping margins for the 

investigated companies are listed below 

in the section entitled ‘‘Final 

Determination Margins.’’

FOR FURTHER INFORMATION CONTACT:

Elizabeth Eastwood or Jill Pollack, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–3874 or 

(202) 482–4593, respectively.

SUPPLEMENTARY INFORMATION

Final Determination 

We determine that certain frozen and 

canned warmwater shrimp from India is 

being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV), as provided in section 735 of 

the Tariff Act of 1930, as amended (the 

Act). The estimated margins of sales of 

LTFV are shown in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. In addition, we determine 

that there is no reasonable basis to 

believe or suspect that critical 

circumstances exist with respect to 

imports of the subject merchandise from 

India. 

Case History 

The preliminary determination in this 

investigation was published on August 

4, 2004. See Notice of Preliminary 

Determination of Sales at Less Than 

Fair Value, Postponement of Final 

Determination, and Affirmative 

Preliminary Determination of Critical 

Circumstances: Certain Frozen and 

Canned Warmwater Shrimp from India,

69 FR 47111 (Aug. 4, 2004) (Preliminary 

Determination). 

Since the preliminary determination, 

the following events have occurred. 

During the period July through October 

2004, various interested parties, 

including the petitioners,1 submitted 

comments on the scope of this and the 

companion investigations of certain 

frozen and canned warmwater shrimp.

From August through October 2004, 

we conducted verifications of the 

questionnaire responses of the three 

respondents in this case, Devi Sea Foods 

Limited (Devi), Hindustan Lever 

Limited (HLL), and Nekkanti Seafoods 

Limited (Nekkanti). 

In October 2004, we received case and 

rebuttal briefs from the petitioners, the 

respondents, and Xian-Ning Seafood 

Co., Ltd. (Xian-Ning), an interested 

party in the companion investigation of 

frozen and canned warmwater shrimp 

from Thailand.2 The Department held a 

public hearing on November 3, 2004, at 

the request of Devi, HLL, Nekkanti, and 

the American Breaded Shrimp 

Processors, an interested party in this 

investigation. On November 23, 2004, 

the Department convened a public 

hearing on scope issues.

On November 29, 2004, the 

Department made final scope 

determinations with respect to shrimp 

scampi and dusted and battered shrimp. 

See the November 29, 2004, memoranda 

from Edward C. Yang to Barbara E. 

Tillman, Acting Deputy Assistant 

Secretary for Import Administration, 

entitled ‘‘Scope Clarification on Shrimp 

Scampi’’; and ‘‘Scope Clarification on 

Dusted Shrimp and Battered Shrimp,’’

respectively. See also the ‘‘Scope of 

Investigation’’ section of this notice, 

below, for further discussion.3

Also on November 29, 2004, the 

Department clarified that a shrimp 

sauce produced by a company in the 

companion investigation of frozen and 

canned warmwater shrimp from the 

People’s Republic of China, Lee Kum 

Kee (USA) Inc., is not covered by the 

scope of that investigation. See the 

November 29, 2004, Memorandum from 

Edward C. Yang to Barbara E. Tillman, 

Acting Deputy Assistant Secretary for 

Import Administration, entitled ‘‘Scope 

Clarification on Lee Kum Kee’s Shrimp 

Sauce.’’

Period of Investigation 

The period of investigation (POI) is 

October 1, 2002, through September 30, 

2003. 

Analysis of Comments Received 

The various scope issues are 

discussed in the ‘‘Case History’’ section 

of this notice and the separate scope 

memoranda. All other issues raised in 

the case and rebuttal briefs by parties in 

this investigation are addressed in the 

‘‘Issues and Decision Memorandum’’

(Decision Memorandum) from Barbara 

E. Tillman, Acting Deputy Assistant 

Secretary for Import Administration, to 

James J. Jochum, Assistant Secretary for 

Import Administration, dated December 

17, 2004, which is adopted by this 

notice. Parties can find a complete 

discussion of the issues raised in this 

investigation and the corresponding 

recommendations in this public 

memorandum, which is on file in the 

Central Records Unit, room B–099 of the 

main Commerce Building. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/

index.html. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

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,4 deveined or not 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 76917

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 this investigation, 

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 

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); (5) dried shrimp and 

prawns; (6) certain dusted shrimp; and 

(7) certain battered shrimp. Dusted 

shrimp is a shrimp-based product: (1) 

That is produced from fresh (or thawedfrom-frozen) and peeled shrimp; (2) to 

which a ‘‘dusting’’ layer of rice or wheat 

flour of at least 95 percent purity has 

been applied; (3) with the entire surface 

of the shrimp flesh thoroughly and 

evenly coated with the flour; (4) with 

the non-shrimp content of the end 

product constituting between four and 

10 percent of the product’s total weight 

after being dusted, but prior to being 

frozen; and (5) that is subjected to IQF 

freezing immediately after application 

of the dusting layer. Battered shrimp is 

a shrimp-based product that, when 

dusted in accordance with the 

definition of dusting above, is coated 

with a wet viscous layer containing egg 

and/or milk, and par-fried. 

The products covered by this 

investigation are currently classified 

under the following HTSUS 

subheadings: 0306.13.00.03, 

0306.13.00.06, 0306.13.00.09, 

0306.13.00.12, 0306.13.00.15, 

0306.13.00.18, 0306.13.00.21, 

0306.13.00.24, 0306.13.00.27, 

0306.13.00.40, 1605.20.10.10, 

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 description of the scope of 

this investigation is dispositive. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verification, we have made certain 

changes to the margin calculations. For 

a discussion of these changes, see the 

‘‘Margin Calculations’’ section of the 

Decision Memorandum. 

Critical Circumstances 

In our preliminary determination, we 

found that critical circumstances existed 

with respect to HLL’s exports of the 

subject merchandise, but not for exports 

made by Devi, Nekkanti, or the 

companies subject to the ‘‘all others’’

rate. See Preliminary Determination, 69 

FR at 47118–47119. We received 

comments on our preliminary finding of 

critical circumstances from HLL, which 

argues that we should no longer find 

that critical circumstances exist for it 

because the increase in imports shown 

in the Department’s critical 

circumstances analysis was the result of 

seasonality. We also received comments 

from the petitioners, who support the 

preliminary finding of critical 

circumstances for HLL. 

To determine whether there is a 

history of injurious dumping of the 

merchandise under investigation, in 

accordance with section 735(a)(3)(A)(i) 

of the Act, the Department normally 

considers evidence of an existing 

antidumping duty order on the subject 

merchandise in the United States or 

elsewhere to be sufficient. See 

Preliminary Determination of Critical 

Circumstances: Steel Concrete 

Reinforcing Bars From Ukraine and 

Moldova, 65 FR 70696 (Nov. 27, 2000). 

With regard to imports of certain frozen 

and canned warmwater shrimp from 

India, the petitioners make no statement 

concerning a history of dumping. We 

are not aware of any antidumping order 

in the United States or in any country 

on certain frozen and canned 

warmwater shrimp from India. For this 

reason, the Department does not find a 

history of injurious dumping of the 

subject merchandise from India 

pursuant to section 735(a)(3)(A)(i) of the 

Act. 

To determine whether the person by 

whom, or for whose account, the 

merchandise was imported knew or 

should have known that the exporter 

was selling the subject merchandise at 

less than its fair value and that there 

was likely to be material injury by 

reason of such sales in accordance with 

section 735(a)(3)(A)(ii) of the Act, the 

Department normally considers margins 

of 25 percent or more for export price 

(EP) sales or 15 percent or more for 

constructed export price transactions 

sufficient to impute knowledge of 

dumping. See Preliminary 

Determination of Sales at Less Than 

Fair Value: Certain Cut-to-Length 

Carbon Steel Plate from the People’s 

Republic of China, 62 FR 31972, 31978 

(Oct. 19, 2001). Each of the respondents 

made only EP sales during the POI and 

the final dumping margin calculated for 

each respondent, including HLL, is less 

than 25 percent. Therefore, we 

determine that there is an insufficient 

basis to find that importers should have 

known that the respondents were selling 

the subject merchandise at less than its 

fair value and that there was likely to be 

material injury by reason of such sales 

pursuant to section 735(a)(3)(A)(ii) of 

the Act. 

Because the requirements of section 

735(a)(3)(A) of the Act are not met, we 

determine that critical circumstances do 

not exist for imports of subject 

merchandise from India. For further 

discussion, see the Decision 

Memorandum at Comment 20. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by the respondents for use in 

our final determination. We used 

standard verification procedures 

including examination of relevant 

accounting and production records, and 

original source documents provided by 

the respondents. 

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 

76918 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

liquidation of all entries of certain 

frozen and canned warmwater shrimp 

from India that are entered, or 

withdrawn from warehouse, for 

consumption on or after August 4, 2004, 

the publication date of the preliminary 

determination in the Federal Register. 

However, because we find that critical 

circumstances do not exist with regard 

to imports by HLL of certain frozen and 

canned warmwater shrimp from India, 

we will instruct CBP to terminate the 

retroactive suspension of liquidation for 

HLL between May 6, 2004 (90 days prior 

to the date of publication of the 

preliminary determination), and August 

4, 2004, which was instituted due to the 

preliminary affirmative critical 

circumstances finding for this 

respondent. CBP shall also release any 

bond or other security, and refund any 

cash deposit required, under section 

733(d)(1)(B) of the Act with respect to 

HLL’s entries of the merchandise the 

liquidation of which was suspended 

retroactively under section 733(e)(2) of 

the Act. For entries on or after August 

4, 2004, CBP shall continue to require 

a cash deposit or the posting of a bond 

based on the estimated weightedaverage dumping margins shown below. 

The suspension of liquidation 

instructions will remain in effect until 

further notice.

Final Determination Margins 

The weighted-average dumping 

margins are as follows:

Exporter/manufacturer Weighted-average 

margin percentage 

Devi Sea Foods Ltd. ....... 5.02 

Hindustan Lever Ltd. ...... 13.42 

Nekkanti Seafoods Ltd. .. 9.71 

All Others ........................ 9.45 

In accordance with section 

735(c)(5)(A), we have based the ‘‘All 

Others’’ rate on the weighted average of 

the dumping margins calculated for the 

exporters/manufacturers investigated in 

this proceeding. 

ITC Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our determination. As our final 

determination is affirmative, the ITC 

will determine within 45 days whether 

these imports are causing material 

injury, or threat of material injury, to an 

industry in the United States. If the ITC 

determines that material injury or threat 

of 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 

officials 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. 

This notice serves as the only 

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(a)(3). Timely 

written notification of return/

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. 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act.

Dated: December 17, 2004. 

James Jochum, 

Assistant Secretary for Import 

Administration.

Appendix—Issues in the Decision 

Memorandum 

Comments 

1. Offsets for Non-Dumped Sales 

2. Methodology for Calculating the ‘‘All 

Others’’ Rate 

3. Use of Container Weight as a Matching 

Characteristic 

4. Position of Species in the Matching 

Hierarchy 

5. ‘‘As Sold’’ Versus ‘‘HLSO’’ Product 

Comparisons 

6. Use of Forward Exchange Contracts to 

Make Currency Conversions 

7. Revenue from the Duty Entitlement 

Passbook Scheme 

8. Export House Revenue 

9. Ministerial Errors in the Preliminary 

Determination 

10. Selection of Comparison Market for Devi 

11. Credit Expenses for Devi 

12. Third Country Sale Outside the Ordinary 

Course of Trade for HLL 

13. Glazing Adjustment for HLL 

14. Filler Adjustment for HLL 

15. Bank Charges for HLL 

16. General and Administrative Expenses for 

HLL 

17. Level at Which Financing Expenses Are 

Calculated for HLL 

18. Offset to Financing Expenses for HLL 

19. Cost Reconciliation for HLL 

20. Critical Circumstances for HLL 

21. Additional Revenue for Nekkanti

[FR Doc. 04–28170 Filed 12–21–04; 10:32 

am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–549–822] 

Notice of Final Determination of Sales 

at Less Than Fair Value and Negative 

Final Determination of Critical 

Circumstances: Certain Frozen and 

Canned Warmwater Shrimp From 

Thailand

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

EFFECTIVE DATE: December 23, 2004.

SUMMARY: On August 4, 2004, the 

Department of Commerce published its 

preliminary determination of sales at 

less than fair value of certain frozen and 

canned warmwater shrimp from 

Thailand. The period of investigation is 

October 1, 2002, through September 30, 

2003. 

Based on our analysis of the 

comments received, we have made 

changes in the margin calculations. 

Therefore, the final determination 

differs from the preliminary 

determination. The final weightedaverage dumping margins for the 

investigated companies are listed below 

in the section entitled ‘‘Final 

Determination Margins.’’

FOR FURTHER INFORMATION CONTACT: Irina 

Itkin or Alice Gibbons, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0656 or (202) 482–

0498, respectively.

SUPPLEMENTARY INFORMATION: 

Final Determination 

We determine that certain frozen and 

canned warmwater shrimp from 

Thailand is being, or is likely to be, sold 

in the United States at less-than-fairvalue (LTFV), as provided in section 

735 of the Tariff Act of 1930, as 

amended (the Act). The estimated 

margins of sales of LTFV are shown in 

the ‘‘Continuation of Suspension of 

Liquidation’’ section of this notice. In 

addition, we determine that there is no 

reasonable basis to believe or suspect 

that critical circumstances exist with 

respect to imports of the subject 

merchandise from Thailand. 

Case History 

The preliminary determination in this 

investigation was published on August 

4, 2004. See Notice of Preliminary 

Determination of Sales at Less Than 

Fair Value, Postponement of Final 

Determination, and Negative Critical