Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 76913

Since the preliminary determination, 

and as detailed in the December 17, 

2004, Issues and Decision 

Memorandum, the extent to which the 

two companies operate as a single entity 

has become apparent, such that we 

believe there to be significant potential 

for manipulation of price and 

production between CIDA and 

Produmar. Therefore, we have collapsed 

the two entities for the final 

determination. Accordingly, we have 

used the actual costs incurred by 

Produmar in valuing the processing 

services it provided to CIDA, and we 

have assigned the two companies a 

single dumping margin. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by the respondents (except 

for Norte Pesca as discussed above) 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 

liquidation of all entries of certain 

frozen and canned warmwater shrimp 

from Brazil 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withdrawn from warehouse, for 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

or, in the case of EMPAF, August 30, 

2004, the publication date of the 

amended preliminary determination. 

CBP shall continue to require a cash 

deposit or the posting of a bond based 

on the estimated weighted-average 

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 

Empresa de Armazenagem 

Frigorifica Ltda. (EMPAF) ... 10.70 

Central de Industrializacao e 

Distribuicao de Alimentos 

Ltda. (CIDA)/Cia 

Exportadora de Produtos do 

Mar (Produmar) ................... 9.69 

Norte Pesca S.A. .................... 67.80 

All Others ................................ 10.40 

In accordance with section 

735(c)(5)(A) of the Act, we have based 

the ‘‘all others’’ rate on the weighted 

average of the dumping margins 

calculated for the exporters/

manufacturers investigated in this 

proceeding. The ‘‘all others’’ rate is 

derived exclusive of all de minimis

margins and margins based entirely on 

AFA. 

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 J. Jochum, 

Assistant Secretary for Import 

Administration.

Appendix—Issues in the Decision 

Memorandum 

Comments 

General Issues 

Comment 1: Offsets for Non-Dumped 

Comparisons 

Comment 2: Calculation of the ‘‘All Others’’

Rate 

Company-Specific Issues 

CIDA 

Comment 3: Billing Adjustments 

Comment 4: Insurance Payments as an Offset 

to General and Administrative Expenses 

Comment 5: Collapsing CIDA with its 

Affiliated Processor 

Comment 6: Cost Allocation Methodology 

Comment 7: Ration and Larva Costs 

Comment 8: Loss on Sale of Fixed Assets 

Comment 9: ICMS Taxes 

Comment 10: Change in Raw Shrimp 

Inventory 

Comment 11: Prompt Payment Discounts 

EMPAF 

Comment 12: Presumed Credit and IPI Export 

Credit Premium Revenue 

Comment 13: Brazilian Indirect Selling 

Expenses 

Comment 14: U.S. Indirect Selling Expenses 

Comment 15: Container Weight 

Comment 16: SPECIES Product Characteristic 

Comment 17: Accounting Errors Prior to the 

Cost Reporting Period 

Comment 18: Double Counting Indirect 

Selling Expenses 

Comment 19: Amortization of PreOperational Costs 

Comment 20: Allocation of Depreciation to 

Work-in-Process Inventory 

Comment 21: Other Adjustments to Shrimp 

Costs 

Norte Pesca 

Comment 22: Adverse Facts Available Rate 

for Norte Pesca 

[FR Doc. 04–28110 Filed 12–21–04; 8:45 am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–331–802] 

Notice of Final Determination of Sales 

at Less Than Fair Value: Certain 

Frozen and Canned Warmwater Shrimp 

From Ecuador

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

EFFECTIVE DATE: December 23, 2004.

SUMMARY: On August 4, 2004, the 

Department of Commerce (the 

Department) published its preliminary 

determination of sales at less-than-fairvalue (LTFV) of certain frozen and 

canned warmwater shrimp from 

Ecuador. 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:

David J. Goldberger or Terre Keaton, 

76914 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.

2 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 the 

companion investigation of frozen and canned 

warmwater shrimp from Thailand, 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.

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

includes the telson and the uropods.

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–4136, or 

(202) 482–1280, respectively.

SUPPLEMENTARY INFORMATION: 

Final Determination 

We determine that certain frozen and 

canned warmwater shrimp from 

Ecuador is being, or is likely to be, sold 

in the United States at LTFV, as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The 

estimated margins of sales at LTFV are 

shown in the ‘‘Suspension of 

Liquidation’’ section of this notice. 

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 and Postponement of Final 

Determination: Certain Frozen and 

Canned Warmwater Shrimp From 

Ecuador, 69 FR 47091 (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 

concurrent investigations of certain 

frozen and canned warmwater shrimp.

In August and September 2004, we 

conducted sales and cost verifications of 

the questionnaire responses of the three 

respondents in this case, Exporklore 

S.A. (Exporklore), Exportadora De 

Alimentos S.A. (Expalsa), and 

Promarisco S.A. (Promarisco). 

On August 13, 2004, the respondents 

requested a public hearing. We received 

case briefs on October 28, 2004, from 

the petitioners and the respondents. 

Promarisco resubmitted its brief on 

November 3, 2004, at the Department’s 

request, in order to exclude unsolicited 

new factual information. In addition, in 

October 2004, Xian-Ning Seafood Co., 

Ltd., an interested party in the 

companion investigation of frozen and 

canned warmwater shrimp from 

Thailand, and two interested parties in 

this investigation, Eastern Fish 

Company, Inc., and Long John Silver’s, 

Inc., submitted case and rebuttal briefs 

with respect to scope issues. 

On November 5 and 10, 2004, 

pursuant to the Department’s request, 

Exporklore and Expalsa, respectively, 

submitted revised sales and cost 

databases which incorporated certain 

changes discovered in preparation for 

and during verification. 

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.2

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 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 issues raised in the 

case briefs by parties to this proceeding 

and to which we have responded are 

listed in the appendix to this notice and 

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,3 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 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 the 

investigation. In addition, food 

preparations, which are not ‘‘prepared 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 76915

meals,’’ that contain more than 20 

percent by weight of shrimp or prawn 

are also included in the scope of the 

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) dusted shrimp; and (7) 

battered shrimp. Dusted shrimp is a 

shrimp-based product: (1) That is 

produced from fresh (or thawed-fromfrozen) and peeled shrimp; (2) to which 

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

of at least 95 percent purity has been 

applied; (3) with the entire surface of 

the shrimp flesh thoroughly and evenly 

coated with the flour; (4) with the nonshrimp content of the end product 

constituting between four and 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 scope 

are currently classifiable 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 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. 

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 

liquidation of all entries of certain 

frozen and canned warmwater shrimp 

from Ecuador 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. 

CBP shall continue to require a cash 

deposit or the posting of a bond based 

on the estimated weighted-average 

dumping margin 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 

Exportadora De Alimentos 

S.A. (Expalsa) ..................... 2.62 

Exporklore S.A. ....................... 2.35 

Promarisco S.A. ...................... 4.48 

All Others ................................ 3.26 

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

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 J. Jochum, 

Assistant Secretary for Import 

Administration.

Appendix—Issues in the Decision 

Memorandum 

Comments 

Comment 1: Offsets for Non-Dumped Sales 

Comment 2: Exclusion of Substandard 

Shrimp from the U.S. Sales Databases 

Comment 3: ‘‘Container Weight’’ as Product 

Matching Characteristic 

Comment 4: ‘‘As Sold’’ Versus HLSO Basis 

for Price and Quantity 

Comment 5: ‘‘Packaging’’ Materials Versus 

‘‘Packing’’ Materials 

Comment 6: Expalsa’s and Promarisco’s 

Inland Freight and Testing Expense 

Methodology 

Comment 7: Expalsa’s Sales of Organic 

Shrimp 

Comment 8: Grade as a Model-Matching 

Criterion for Expalsa Sales 

Comment 9: Expalsa’s Sales of ‘‘NonStandard Mixes’’

Comment 10: Treatment of Expalsa’s 

Expenses for Returned Shipments 

Comment 11: Expalsa’s Post-Petition Filing 

Billing Adjustments 

Comment 12: Treatment of Certain Expalsa 

Sales to Italy as Samples 

Comment 13: Rebates on Expalsa’s Italian 

Sales 

Comment 14: Cost Changes for Expalsa’s 

Minor Corrections of Preservative Code 

Comment 15: Payments to Exporklore’s Sales 

Agent as Rebates or Commissions 

Comment 16: Methodology for Calculating 

Exporklore’s Payment to Agent for Italian 

Sales 

Comment 17: Ocean Freight Revenue and 

Expense Treatment on Exporklore C&F 

Sales 

Comment 18: Exporklore Bank Charges 

Comment 19: Exporklore’s Raw Material 

Costs 

Comment 20: Currency Adjustment in 

Calculation of Exporklore’s Financial 

Expense Ratio 

Comment 21: Treatment of Commissions 

Paid to Affiliates in Exporklore’s Labor 

Costs 

Comment 22: Spain as the Appropriate 

Comparison Market for Promarisco 

Comment 23: Classification and Exclusion of 

Certain Promarisco Spanish Sales as 

Samples 

Comment 24: Billing Adjustments and Date 

of Sale for Certain Promarisco U.S. LongTerm Contract Sales 

Comment 25: Bonus Payment to Promarisco’s 

Spanish Sales Agent 

Comment 26: Calculation of Promarisco’s 

Indirect Selling Expense Ratio 

Comment 27: Adjustment for Unreconciled 

Differences in Promarisco’s Cost of 

Manufacture 

Comment 28: Input Adjustment for 

Promarisco’s Shrimp Purchases from 

Affiliated Farms 

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