[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 54977-54978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7790]



[[Page 54977]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-802]


Notice of Final Results of New Shipper Review of the Antidumping 
Duty Order on Certain Frozen Warmwater Shrimp From Ecuador

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On April 26, 2006, the Department of Commerce (the Department) 
published the preliminary results of its new shipper review of the 
antidumping duty order on certain frozen warmwater shrimp from Ecuador. 
The review covers the entries of Studmark, S.A. (Studmark) for the 
period of review (POR) August 4, 2004, through July 31, 2005. Based on 
the Department's analysis of the issues, these final results have 
changed from the preliminary results. The final results are listed in 
the section below entitled ``Final Results of Review.''

DATES: Effective Date: September 20, 2006.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Gemal Brangman, 
AD/CVD Operations, Office 2, 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) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 2006, the Department published in the Federal Register 
the preliminary results of this new shipper review and invited 
interested parties to comment on those results.\1\ The Department 
received a request for a hearing and a case brief from Studmark on July 
12 and July 31, 2006, respectively. A public hearing was held on August 
16, 2006.
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    \1\ See Notice of Preliminary Results of New Shipper Review of 
the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from 
Ecuador, 71 FR 34888 (June 16, 2006) (Preliminary Results).
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Scope of the Order

    The scope of this order includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\2\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \2\ ``Tails'' in this context menas the tail fan, which includes 
the telson and the uropods.
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    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 (HTS), 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 (HTS 
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 (HTS subheading 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS 
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 individually quick frozen 
(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 classifiable under 
the following HTS 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 HTS 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.

Analysis of Comments Received

    All issues raised in the case brief by Studmark are addressed in 
the ``Issues and Decision Memorandum for the Final Results of the New 
Shipper Review of the Antidumping Duty Order on Certain Frozen 
Warmwater Shrimp from Ecuador'' from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration (Decision Memorandum), 
dated concurrently with and is hereby adopted by this notice.
    A list of the issues which Studmark raised and to which we have 
responded, all of which are addressed in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in the Decision Memorandum, which is on file in the 
Central Records Unit, room B-099 of the main Department of Commerce 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Fair Value Comparisons

    We calculated export price (EP) and normal value based on the same 
methodology used in the preliminary results, except as follows:
    We made no adjustment to EP for foreign inland freight expense 
instead of making such an adjustment based on the facts otherwise 
available as we did in the preliminary results.

[[Page 54978]]

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period August 4, 
2004, through July 31, 2005:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Studmark, S.A...............................................        9.20
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Assessment

    The Department shall determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with section 351.212(b)(1) of the Department's 
regulations, we have calculated importer-specific assessment rates by 
dividing the dumping margin found on the subject merchandise examined 
by the entered value of such merchandise. Where the importer-specific 
assessment rate is above de minimis we will instruct CBP to assess 
antidumping duties on that importer's entries of subject merchandise. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit rates shall be required for merchandise 
subject to the order entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results for 
this new shipper review, as provided for by section 751(a)(1) and 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for Studmark (i.e., for subject merchandise both 
manufactured and exported by Studmark) will be 9.20 percent; (2) the 
cash deposit rate for exporters who received a rate in a prior segment 
of the proceeding will continue to be the rate assigned in that segment 
of the proceeding; (3) the cash deposit rate for entries of subject 
merchandise exported by Studmark but not manufactured by Studmark will 
continue to be the ``All Others'' rate (i.e., 3.58 percent) or the rate 
applicable to the manufacturer, if so established; and (4) if neither 
the exporter nor the producer is a firm covered in this review or a 
prior segment of the proceeding, the cash deposit rate will be 3.58 
percent, the ``All Others'' rate established in the LTFV investigation. 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review. There are no 
changes to the rates applicable to any other companies under this 
antidumping duty order.
    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping and 
countervailing duties prior to liquidation of the relevant entries 
during this review period. Failure to comply with this requirement 
could result in the Secretary's presumption that reimbursement of 
antidumping and countervailing duties occurred, and in the subsequent 
assessment of antidumping duties increased by the amount of antidumping 
and/or countervailing duties reimbursed.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
section 351.305(a)(3) of the Department's regulations. Failure to 
comply is a violation of the APO.
    This determination is issued and published in accordance with 
sections 751(a) and 777(i)(1) of the Act.

    Dated: September 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix--List of Comments in the Issues and Decision Memorandum

Comment 1: Whether a Particular Market Situation Exists In the Home 
Market
Comment 2: Application of Facts Otherwise Available for Inland 
Freight Expenses
Comment 3: Period for Calculating G&A Expenses

[FR Doc. 06-7790 Filed 9-19-06; 8:45 am]
BILLING CODE 3510-DS-P