[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70362-70363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9463]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Final Results of the Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 6, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the new shipper review of the antidumping duty order on certain 
frozen warmwater shrimp from the People's Republic of China (``PRC'') 
for Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Zhanjiang 
Regal''). See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Preliminary Results of the Antidumping Duty New 
Shipper Review, 71 FR 38368 (July 6, 2006) (``Preliminary Results''). 
We gave interested parties an opportunity to comment on the Preliminary 
Results. No party submitted a case brief in the instant review and we 
made no changes to the Preliminary Results. Therefore, we continue to 
find that Zhanjiang Regal did not sell subject merchandise at less than 
normal value during the period of review (``POR'') July 16, 2004, 
through July 31, 2005.

EFFECTIVE DATE: December 4, 2006.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Case History

    Subsequent to the Preliminary Results, on August 18, 2006, the 
Department implemented the temporary suspension of the new shipper 
bonding provision in this review, in accordance with the Pension 
Protection Act of 2006, Pub. L. No. 109-280, Sec. 1632, 120 Stat. 780 
(2006), which was signed into law on August 17, 2006. The legislation 
suspended the ability of a U.S. importer to satisfy the antidumping 
duty deposit requirements by posting a bond or other security deposit 
in lieu of a cash deposit with U.S. Customs and Border Protection (CBP) 
during the period of April 1, 2006 to June 30, 2009. On September 20, 
2006, the Department published in the Federal Register a notice 
extending the deadline for the final results. See Certain Frozen 
Warmwater Shrimp from the People's Republic of China: Extension of Time 
Limit for Final Results of the 2004/2005 Antidumping Duty New Shipper 
Review, 71 FR 54978 (September 20, 2006). On September 22, 2006, we 
placed additional entry documents on the record in which an importer 
listed Zhanjiang Regal as the producer of shrimp exported to the United 
States.\1\ On September 22, 2006, we issued Zhanjiang Regal a 
supplemental questionnaire. On September 29, 2006, Zhanjiang Regal 
submitted its response to this questionnaire. No party submitted case 
briefs.
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    \1\ Although these additional entries were not reported during 
the course of the review, there is nothing on the record 
demonstrating that Zhanjiang Regal knew or had reason to believe 
that these additional entries were destined for the United States.
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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 (including the telson and the uropods), 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 penaiedae 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) Lee Kum Kee's shrimp sauce; (7) canned 
warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (8) 
certain dusted shrimp; and (9) 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 ten percent of the product's 
total weight after being dusted, but prior to being frozen; (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 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 dispositive, but 
rather the written description of the scope of this order is 
dispositive.

[[Page 70363]]

Final Results of Review

    We made no changes to the Preliminary Results; thus, we continue to 
find the following margin exists during the period July 16, 2004, 
through July 31, 2005:

              Certain Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              (percent)
------------------------------------------------------------------------
Zhanjiang Regal Integrated Marine Resources Co., Ltd.               0.00
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Assessment Rates

    The Department will issue appropriate appraisement instructions 
directly to U.S. Customs and Border Protection (``CBP'') for Zhanjiang 
Regal within 15 days of publication of the final results of this 
review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these results of the new shipper review for all 
shipments of subject merchandise from Zhanjiang Regal entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date: (1) For subject merchandise manufactured and exported by 
Zhanjiang Regal, no cash deposit will be required; (2) for subject 
merchandise exported by Zhanjiang Regal but not manufactured by itself, 
the cash deposit rate will continue to be the PRC-wide rate, (i.e., 
112.81 percent); and (3) for subject merchandise produced by Zhanjiang 
Regal, but not exported by Zhanjiang Regal, the cash deposit rate will 
be the rate applicable to the exporters. These requirements will remain 
in effect until publication of the final results of the next 
administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction 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/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This new shipper review and notice are in accordance with sections 
751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h).

    Dated: November 20, 2006.
David M. Spooner,
Assistant Secretary, for Import Administration.
[FR Doc. 06-9463 Filed 12-1-06; 8:45 am]
BILLING CODE 3510-DS-M