Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 74685 

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

includes the telson and the uropods. 

Background 

On September 1, 2010, A Foods 

requested that the Department conduct 

an expedited changed circumstances 

review under 19 CFR 351.221(c)(3)(iii) 

to confirm that A Foods is the 

successor-in-interest to May Ao for 

purposes of determining antidumping 

duty cash deposits and liabilities. On 

October 6, 2010, the Department 

initiated this changed circumstances 

review and published the notice of 

preliminary results, determining that A 

Foods is the successor-in-interest to 

May Ao. See Initiation and Preliminary 

Results, 75 FR at 61704. In the Initiation 

and Preliminary Results, we provided 

all interested parties with an 

opportunity to comment or request a 

public hearing regarding our finding 

that A Foods is the successor-in-interest 

to May Ao. We received no comments 

or requests for a public hearing from 

interested parties within the time period 

set forth in the Initiation and 

Preliminary Results. 

Scope of the Order 

The scope of this order includes 

certain frozen warmwater shrimp and 

prawns, whether wild-caught (ocean 

harvested) or farm-raised (produced by 

aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,1

deveined or not deveined, cooked or 

raw, or otherwise processed in frozen 

form. 

The frozen warmwater shrimp and 

prawn products included in the scope of 

this order, regardless of definitions in 

the Harmonized Tariff Schedule of the 

United States (HTSUS), are products 

which are processed from warmwater 

shrimp and prawns through freezing 

and which are sold in any count size. 

The products described above may be 

processed from any species of 

warmwater shrimp and prawns. 

Warmwater shrimp and prawns are 

generally classified in, but are not 

limited to, the Penaeidae family. Some 

examples of the farmed and wild-caught 

warmwater species include, but are not 

limited to, whiteleg shrimp (Penaeus 

vannemei), banana prawn (Penaeus 

merguiensis), fleshy prawn (Penaeus 

chinensis), giant river prawn 

(Macrobrachium rosenbergii), giant tiger 

prawn (Penaeus monodon), redspotted 

shrimp (Penaeus brasiliensis), southern 

brown shrimp (Penaeus subtilis), 

southern pink shrimp (Penaeus 

notialis), southern rough shrimp 

(Trachypenaeus curvirostris), southern 

white shrimp (Penaeus schmitti), blue 

shrimp (Penaeus stylirostris), western 

white shrimp (Penaeus occidentalis), 

and Indian white prawn (Penaeus 

indicus). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of this order. 

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 order. 

Excluded from the scope are: (1) 

Breaded shrimp and prawns (HTSUS 

subheading 1605.20.10.20); (2) shrimp 

and prawns generally classified in the 

Pandalidae family and commonly 

referred to as coldwater shrimp, in any 

state of processing; (3) fresh shrimp and 

prawns whether shell-on or peeled 

(HTSUS subheadings 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTSUS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTSUS subheading 

1605.20.10.40); (7) certain dusted 

shrimp; and (8) certain battered shrimp. 

Dusted shrimp is a shrimp-based 

product: (1) That is produced from fresh 

(or thawed-from-frozen) and peeled 

shrimp; (2) to which a ‘‘dusting’’ layer of 

rice or wheat flour of at least 95 percent 

purity has been applied; (3) with the 

entire surface of the shrimp flesh 

thoroughly and evenly coated with the 

flour; (4) with the non-shrimp content of 

the end product constituting between 

four and 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 order 

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, and 1605.20.10.30. 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 order is dispositive. 

Final Results of Changed 

Circumstances Review 

For the reasons stated in the Initiation 

and Preliminary Results, and because 

we received no comments from 

interested parties to the contrary, the 

Department continues to find that A 

Foods is the successor-in-interest to 

May Ao. As a result of this 

determination, we find that A Foods 

should receive the cash deposit rate 

previously assigned to May Ao in the 

most recently completed review of the 

antidumping duty order on shrimp from 

Thailand. See, e.g., Final Results of 

Antidumping Duty Changed 

Circumstances Review: Certain Circular 

Welded Non-Alloy Steel Pipe and Tube 

from Mexico, 74 FR 41681, 41682 (Aug. 

18, 2009). Consequently, the 

Department will instruct U.S. Customs 

and Border Protection to suspend 

liquidation of all shipments of subject 

merchandise produced/exported by A 

Foods and entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of this notice in the 

Federal Register at 2.61 percent, which 

is the current antidumping duty cashdeposit rate for May Ao. See Certain 

Frozen Warmwater Shrimp from 

Thailand: Final Results and Partial 

Rescission of Antidumping Duty 

Administrative Review, 75 FR 54847 

(Sept. 9, 2010). This cash deposit 

requirement shall remain in effect until 

further notice. 

We are issuing this determination and 

publishing these final results and notice 

in accordance with sections 751(b)(1) 

and 777(i)(1) and (2) of the Tariff Act of 

1930, as amended, and 19 CFR 351.216 

and 351.221(c)(3). 

Dated: November 23, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–30233 Filed 11–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating a five-year 

review (‘‘Sunset Review’’) of the 

antidumping duty orders listed below. 

The International Trade Commission 

(‘‘the Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same orders. 

DATES: Effective Date: December 1, 2010. 


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74686 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 

1The Department was scheduled to initiate the 

sunset review of the antidumping order on raw 

pistachios from Iran (A–507–502) in December 

2010. However, the recently enacted 

Comprehensive Iran Sanctions, Accountability, and 

Divestment Act of 2010 includes a ban on all U.S. 

imports from Iran, including pistachios, effective 

September 29, 2010. See Comprehensive Iran 

Sanctions, Accountability, and Divestment Act of 

2010, 111 Public Law 195, section 103(b); see also 

Iranian Transactions Regulations, 75 FR 59611 

(Dept. of Treasury, September 28, 2010). While this 

import ban remains in effect, 19 U.S.C. 1675(c)(7) 

provides that the 5-year period from the date of the 

Department’s prior determination to continue the 

order in effect is tolled. Accordingly, the 

Department may not initiate a sunset review of the 

antidumping order on raw pistachios from Iran 

until two months after the import ban on pistachios 

is lifted. 

2 In comments made on the interim final sunset 

regulations, a number of parties stated that the 

proposed five-day period for rebuttals to 

substantive responses to a notice of initiation was 

insufficient. This requirement was retained in the 

final sunset regulations at 19 CFR 351.218(d)(4). As 

provided in 19 CFR 351.302(b), however, the 

Department will consider individual requests to 

extend that five-day deadline based upon a showing 

of good cause. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

For information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission, at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping 

and Countervailing Duty Orders, 63 FR 

13516 (March 20, 1998) and 70 FR 

62061 (October 28, 2005). Guidance on 

methodological or analytical issues 

relevant to the Department’s conduct of 

Sunset Reviews is set forth in the 

Department’s Policy Bulletin 98.3 

—Policies Regarding the Conduct of 

Five-Year (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders: Policy Bulletin, 63 FR 18871 

(April 16, 1998). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

duty orders: 1

DOC case No. ITC case No. Country Product Department contact 

A–821–801 ............ 731–TA–340–E ..... Russia ................... Solid Urea (3rd Review) ........................ Dana Mermelstein, (202) 482–1391. 

A–823–801 ............ 731–TA–340–H ..... Ukraine .................. Solid Urea (3rd Review) ........................ Dana Mermelstein, (202) 482–1391. 

Filing Information 

As a courtesy, we are making 

information related to Sunset 

proceedings, including copies of the 

pertinent statute and Department’s 

regulations, the Department schedule 

for Sunset Reviews, a listing of past 

revocations and continuations, and 

current service lists, available to the 

public on the Department’s Internet 

Web site at the following address: 

‘‘http://ia.ita.doc.gov/sunset/.’’ All 

submissions in these Sunset Reviews 

must be filed in accordance with the 

Department’s regulations regarding 

format, translation, service, and 

certification of documents. These rules 

can be found at 19 CFR 351.303. 

Pursuant to 19 CFR 351.103 (c), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 10 days of the publication of the 

Notice of Initiation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties to apply for access to proprietary 

information under administrative 

protective order (‘‘APO’’) immediately 

following publication in the Federal 

Register of this notice of initiation by 

filing a notice of intent to participate. 

The Department’s regulations on 

submission of proprietary information 

and eligibility to receive access to 

business proprietary information under 

APO can be found at 19 CFR 351.304– 

306. 

Information Required From Interested 

Parties 

Domestic interested parties defined in 

section 771(9)(C), (D), (E), (F), and (G) of 

the Act and 19 CFR 351.102(b) wishing 

to participate in a Sunset Review must 

respond not later than 15 days after the 

date of publication in the Federal 

Register of this notice of initiation by 

filing a notice of intent to participate. 

The required contents of the notice of 

intent to participate are set forth at 19 

CFR 351.218(d)(1)(ii). In accordance 

with the Department’s regulations, if we 

do not receive a notice of intent to 

participate from at least one domestic 

interested party by the 15-day deadline, 

the Department will automatically 

revoke the order without further review. 

See 19 CFR 351.218(d)(1)(iii). 

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in the Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Please consult the 

Department’s regulations for 

information regarding the Department’s 

conduct of Sunset Reviews.2 Please 

consult the Department’s regulations at 

19 CFR Part 351 for definitions of terms 

and for other general information 

concerning antidumping and 

countervailing duty proceedings at the 

Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218 

(c). 

Dated: November 24, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–30237 Filed 11–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free-Trade Agreement 

(NAFTA), Article 1904 Binational Panel 

Reviews 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of decision of panel. 


jlentini on DSKJ8SOYB1PROD with NOTICES