Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 75965 

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

includes the telson and the uropods. 

Dated: November 30, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–30666 Filed 12–6–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Final Results of the First 

Five-year ‘‘Sunset’’ Review of the 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 4, 2010, the 

Department of Commerce (‘‘the 

Department’’) published the notice of 

initiation of the first sunset review of 

the antidumping duty order on certain 

frozen warmwater shrimp from the 

Socialist Republic of Vietnam 

(‘‘Vietnam’’). On the basis of the notices 

of intent to participate by domestic 

interested parties and adequate 

substantive responses filed on behalf of 

the domestic and respondent interested 

parties, the Department conducted a full 

sunset review of the antidumping duty 

order pursuant to section 751(c) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), and 19 CFR 351.218(e)(2)(i). As a 

result of this sunset review, the 

Department finds that revocation of the 

antidumping duty order would likely 

lead to continuation or recurrence of 

dumping at the levels listed below in 

the section entitled ‘‘Final Results of 

Review.’’ 

DATES: Effective Date: December 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang, 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: 202–482–4047. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2010, the Department 

published in the Federal Register the 

notice of initiation of its sunset reviews 

of the antidumping duty orders on 

certain frozen warmwater shrimp from 

Brazil, the People’s Republic of China, 

India, Thailand, and Vietnam, in 

accordance with section 751(c) of the 

Act. See Initiation of Five-Year 

(‘‘Sunset’’) Review, 75 FR 103 (January 4, 

2010) (‘‘Notice of Initiation’’). 

The Department received notices of 

intent to participate from domestic 

interested parties, the Ad Hoc Shrimp 

Trade Action Committee (‘‘AHSTAC’’), 

and the American Shrimp Processors 

Association (‘‘ASPA’’), within the 15-day 

deadline specified in 19 CFR 

351.218(d)(1)(i). The domestic 

interested parties claimed interested 

party status under section 771(9)(C) of 

the Act, as manufacturers of a domesticlike product in the United States. 

The Department received substantive 

responses to the Notice of Initiation 

from respondent interested parties 

(collectively ‘‘Vietnamese Respondents’’) 

and domestic interested parties within 

the 30-day deadline specified in 19 CFR 

351.218(d)(3)(i). On February 12, 2010, 

Vietnamese Respondents and ASPA 

filed rebuttal comments to parties’ 

substantive responses. 

19 CFR 351.218(e)(1)(ii)(A) provides 

that the Secretary normally will 

conclude that respondent interested 

parties have provided adequate 

response to a notice of initiation where 

the Department receives complete 

substantive responses from respondent 

interested parties accounting on average 

for more than 50 percent, by volume, or 

value, if appropriate, of the total exports 

of the subject merchandise to the United 

States over the five calendar years 

preceding the year of publication of the 

notice of initiation. On March 2, 2010, 

the Department determined that 

Vietnamese Respondents accounted for 

more than 50 percent of exports by 

volume of the subject merchandise and, 

therefore, submitted an adequate 

substantive response to the 

Department’s Notice of Initiation. See 

Memorandum to James C. Doyle: 

Adequacy Determination in 

Antidumping Duty Sunset Review of 

Certain Frozen Warmwater Shrimp from 

the Socialist Republic of Vietnam, dated 

March 2, 2010. The Department also 

determined that domestic interested 

parties submitted an adequate response 

as at least one domestic interested party 

submitted a complete substantive 

response. See 19 CRF 351.218(e)(1)(i). In 

accordance with 19 CFR 

351.218(e)(2)(i), the Department 

determined to conduct a full sunset 

review of this antidumping duty order. 

On May 6, 2010, in accordance with 

section 751(c)(5)(B) of the Act, the 

Department extended the deadlines for 

the preliminary and final results of this 

sunset review by 90 days from the 

scheduled dates. See Certain Frozen 

Warmwater Shrimp from the Socialist 

Republic of Vietnam: Extension of Time 

Limits for Preliminary and Final Results 

of Full Five-year (‘‘Sunset’’) Review of 

Antidumping Duty Order, 75 FR 24883 

(May 6, 2010). 

The Department published the 

preliminary results of this sunset review 

on August 6, 2010. See Certain Frozen 

Warmwater Shrimp from the Socialist 

Republic of Vietnam: Preliminary 

Results of the First Five-year ‘‘Sunset’’ 

Review of the Antidumping Duty Order, 

75 FR 47546 (August 6, 2010) 

(‘‘Preliminary Results’’). In the 

Preliminary Results, the Department 

found that revocation of the order 

would likely result in continuation or 

recurrence of dumping at margins found 

in the original investigation. 

On September 7, 2010, within the 

deadline specified in 19 CFR 

351.309(c)(1)(i), the Department 

received a case brief on behalf of 

Vietnamese Respondents. On September 

13, 2010, the Department received 

rebuttal briefs on behalf of AHSTAC and 

ASPA. 

Scope of the Order 

The scope of the 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 

the 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), 


emcdonald on DSK2BSOYB1PROD with NOTICES
75966 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 

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 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 the 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 the 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 

the order is dispositive. 

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the ‘‘Issues and 

Decision Memorandum for the Final 

Results of the First Sunset Review of the 

Antidumping Duty Order on Certain 

Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam’’ to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration, 

dated November 30, 2010 (‘‘Decision 

Memo’’), which is hereby adopted by 

this notice. The issues discussed in the 

Decision Memo include the likelihood 

of continuation or recurrence of 

dumping and the magnitude of the 

margins likely to prevail if the 

antidumping duty order were revoked. 

Parties can find a complete discussion 

of all issues raised in this sunset review 

and the corresponding 

recommendations in this public 

memorandum, which is on file in the 

Central Records Unit, room 7046 of the 

main Commerce Department building. 

In addition, a complete version of the 

Decision Memo 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 Memo 

are identical in content. 

Final Results of Review 

The Department determines that 

revocation of the antidumping duty 

order on certain frozen warmwater 

shrimp from Vietnam is likely to lead to 

continuation or recurrence of dumping 

at the following weighted-average 

margins: 

CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM

Manufacturer/Exporter 

Weightedaverage 

margin 

(percent) 

Bac Lieu Fisheries Joint Stock Company ............................................................................................................................................... 4.57 

Bim Seafood Joint Stock Company ......................................................................................................................................................... 4.57 

C.P. Vietnam Livestock Corporation ....................................................................................................................................................... 4.57 

Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco Vietname’’) ...................................................................................................... 4.57 

Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘Cadovimex-Vietnam’’) ..................................................... 4.57 

Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corporation’’) aka Camranh Seafoods .................................................................. 4.57 

Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’) ..................................................................................... 5.24 

Cam Ranh Seafoods Processing Enterprise PTE (‘‘Cam Ranh Seafoods’’) .......................................................................................... 4.57 

Coastal Fishery Development Corporation (‘‘COFIDEC’’) ....................................................................................................................... 4.57 

Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) ............................................................................................................................. 4.57 

Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) (and its affiliate Tho Quang Seafood Processing & Export 

Company) ............................................................................................................................................................................................. 4.57 

Grobest & I–Mei Industry (Vietnam) Co., Ltd .......................................................................................................................................... 4.57 

Investment Commerce Fisheries Corporation (‘‘Incomfish’’) ................................................................................................................... 4.57 

Minh Hai Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Jostoco’’) ................................................................... 4.57 

Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) .................................................................................... 4.30 

Minh Phu Seafood Corp. (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively ‘‘Minh Phu 

Group’’) ................................................................................................................................................................................................. 4.38 

Ngoc Sinh Private Enterprise .................................................................................................................................................................. 4.57 

Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) ........................................................................................................... 4.57 

Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) ................................................................................................................... 4.57 

Phu Cuong Seafood Processing & Import-Export Co., Ltd ..................................................................................................................... 4.57 

Phuong Nam Co., Ltd .............................................................................................................................................................................. 4.57 

Sao Ta Foods Joint Stock Company (‘‘FIMEX VN’’) ............................................................................................................................... 4.57 

Soc Trang Seafood Joint Stock Company (‘‘STAPIMEX’’) ..................................................................................................................... 4.57 

Thuan Phuoc Seafoods and Trading Corporation (and its affiliates Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory) ................................................................................................................................................... 4.57 

UTXI Aquatic Products Processing Corporation ..................................................................................................................................... 4.57 

Viet Foods Co., Ltd .................................................................................................................................................................................. 4.57 

Viet Hai Seafood Co., Ltd. aka Viet Nam Fish-One Co., Ltd ................................................................................................................. 4.57 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 75967 

CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM—Continued 

Manufacturer/Exporter 

Weightedaverage 

margin 

(percent) 

Vinh Loi Import Export Company (‘‘VIMEX’’) .......................................................................................................................................... 4.57 

Vietnam-Wide Entity ................................................................................................................................................................................ 25.76 

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, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the 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 five-year (‘‘sunset’’) review and 

notice are in accordance with sections 

751(c), 752(c), and 777(i)(1) of the Act. 

Dated: November 29, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–30664 Filed 12–6–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Commerce Spectrum Management 

Advisory Committee, Call for 

Applications 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice and Call for Applications 

to Serve on Advisory Committee. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) is seeking 

applications from persons interested in 

serving on the Department of Commerce 

Spectrum Management Advisory 

Committee (CSMAC) for new two-year 

terms. The CSMAC provides advice to 

the Assistant Secretary for 

Communications and Information and 

NTIA Administrator on spectrum policy 

matters. 

DATES: Nominations must be 

postmarked or electronically 

transmitted on or before January 10, 

2011. 

ADDRESSES: Persons may submit 

applications, with the information 

specified below, to Joe Gattuso, 

Designated Federal Officer, by e-mail to 

spectrumadvisory@ntia.doc.gov; by U.S. 

mail or commercial delivery service to 

Office of Policy Analysis and 

Development, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue, NW., Room 4725, Washington, 

DC 20230; or by facsimile transmission 

to (202) 482–6173. 

FOR FURTHER INFORMATION CONTACT: Joe 

Gattuso at (202) 482–0977 or 

jgattuso@ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: The 

CSMAC was first chartered in 2005 

under the Federal Advisory Committee 

Act (FACA), 5 U.S.C. App. 2, to carry 

out the functions of the National 

Telecommunications and Information 

Administration Act, 47 U.S.C. 904(b). 

The Department of Commerce last 

renewed the CSMAC’s charter on April 

6, 2009. The CSMAC advises the 

Assistant Secretary of Commerce for 

Communications and Information on a 

broad range of issues regarding 

spectrum policy. In particular, the 

current charter provides that the 

CSMAC will provide advice and 

recommendations on needed reforms to 

domestic spectrum policies and 

management in order to: License radio 

frequencies in a way that maximizes 

their public benefit; keep wireless 

networks as open to innovation as 

possible; and make wireless services 

available to all Americans. The CSMAC 

functions solely as an advisory body in 

compliance with the Federal Advisory 

Committee Act (FACA). Additional 

information about the CSMAC and its 

activities may be found at http:// 

www.ntia.doc.gov/advisory/spectrum. 

Under the terms of the charter, the 

Secretary appoints members of the 

CSMAC based on their expertise in 

radio spectrum policy and not to 

represent any organization or interest. 

The members serve on the CSMAC in 

the capacity of Special Government 

Employee. Members may not receive 

compensation or reimbursement for 

travel or for per diem expenses. 

The Secretary of Commerce appoints 

members for two-year terms. There are 

currently 25 members, the maximum 

permitted by the charter. NTIA seeks 

applicants for vacancies that will occur 

when the appointments of 18 members 

expire on January 13, 2011. 

NTIA expects that, starting in 2011, 

the CSMAC’s work will focus on how 

best to execute the mandate of the 

President’s spectrum initiative, and 

specifically the ‘‘Plan and Timetable to 

Make Available 500 Megahertz of 

Spectrum for Wireless Broadband.’’ 

(Available at http://www.ntia.doc.gov/ 

reports/2010/ 

TenYearPlan_11152010.pdf; see also 

fact sheet at http://www.ntia.doc.gov/ 

press/2010/ 

SpectrumReports_11152010.html.) 

Thus, NTIA seeks in particular 

applicants with strong technical and 

engineering knowledge and experience, 

familiarity with commercial or private 

wireless technologies and associated 

business plans, or expertise with 

specific applications of wireless 

technologies, such as Smart Grid or 

health information technologies. The 

Secretary will appoint members such 

that the CSMAC is fairly balanced in 

terms of the points of view represented 

by the members. To achieve this 

diversity of viewpoints, the Secretary 

appoints members from industry, 

academia, not-for-profit organizations, 

public advocacy, and civil society with 

professional or personal qualifications 

or experience that will both contribute 

to the CSMAC’s work and achieve 

balance. The Secretary will consider 

factors including, but not limited to, 

educational background, past work or 

academic accomplishments, and the 

industry sector in which a member is 

currently or previously employed. All 

appointments are made without 

discrimination on the basis of age, 

ethnicity, gender, sexual orientation, 

disability, or cultural, religious, or 

socioeconomic status. Members may 

not, however, be federally registered 

lobbyists. 

Persons may submit applications, 

with the information specified below, to 

Joe Gattuso, Designated Federal Officer, 

by e-mail to 

spectrumadvisory@ntia.doc.gov; by U.S. 

mail or commercial delivery service to 

Office of Policy Analysis and 


emcdonald on DSK2BSOYB1PROD with NOTICES