Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices 52049 

1On April 26, 2007, the Department requested 

that the petitioner re-submit its case brief to correct 

for bracketing. See Memorandum to the File From 

Christopher D. Riker, Program Manager, AD/CVD 

Operations, Office 9, dated April 26, 2007. 

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

includes the telson and the uropods. 

DEPARTMENT OF COMMERCE 

International Trade Adminstration 

[A–570–893] 

Certain Frozen Warmwater Shrimp 

From the People’s Republic of China: 

Notice of Final Results and Rescission, 

in Part, of 2004/2006 Antidumping Duty 

Administrative and New Shipper 

Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 9, 2007, the 

Department of Commerce (‘‘the 

Department’’) published the preliminary 

results of its administrative and new 

shipper reviews of the antidumping 

duty order on certain frozen warmwater 

shrimp from the People’s Republic of 

China (‘‘PRC’’). See Certain Frozen 

Warmwater Shrimp From the People’s 

Republic of China: Preliminary Results 

and Partial Rescission of the 2004/2006 

Administrative Review and Preliminary 

Intent To Rescind 2004/2006 New 

Shipper Review, 72 FR 10645 (March 9, 

2007) (Preliminary Results). Based on 

our analysis of the record, including 

information obtained since the 

preliminary results, we have made 

changes to the margin calculations for 

Yelin Enterprise Co. Hong Kong, and its 

affiliates. See Final Results of Review 

section, below. 

EFFECTIVE DATE: September 12, 2007. 

FOR FURTHER INFORMATION CONTACT: Scot 

Fullerton or Erin Begnal, 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) 482–1386 or (202) 482–

1442, respectively. 

Background 

On March 9, 2007, the Department of 

Commerce (‘‘the Department’’) 

published the preliminary results of its 

administrative and new shipper reviews 

of the antidumping duty order on 

certain frozen warmwater shrimp from 

the PRC, and invited parties to comment 

on the preliminary results. See 

Preliminary Results. The administrative 

review covers the following companies: 

(1) Yelin Enterprise Co., Ltd. Hong Kong 

(‘‘Yelin’’); (2) Allied Pacific Aquatic 

Products (Zhangjiang) Co., Ltd. (‘‘Allied 

Pacific (Zhangjiang)’’); (3) Allied Pacific 

(H.K.) Co., Ltd. (‘‘Allied Pacific Hong 

Kong’’); (4) Shantou Red Garden 

Foodstuff/Shantou Red Garden Food 

Processing Co. (collectively, ‘‘Red 

Garden’’), (5) Meizhou Aquatic Products 

Quick-Frozen Industry Co., Ltd. 

(‘‘Meizhou’’); (6) Zhoushan Huading 

Seafood Co., Ltd. (‘‘Huading’’); (7) Asian 

Seafoods (Zhanjiang) Co. (‘‘Asian 

Seafoods’’); and (8) Zhanjiang Evergreen 

Aquatic Product Science and 

Technology Co., Ltd. (‘‘Evergreen’’). The 

new shipper review covers one 

producer/exporter: Hai Li Aquatic Co., 

Ltd. Zhao An, Fujian (‘‘Hai Li’’). See 

Preliminary Results. The period of 

review (‘‘POR’’) for both the 

administrative and new shipper reviews 

is July 16, 2004, through January 31, 

2006. 

On March 22, 2007, we issued a 

supplemental questionnaire to Yelin, 

and received Yelin’s response on April 

5, 2007. On April 16, 2007, we received 

a case brief on behalf of the petitioner, 

the Ad Hoc Shrimp Trade Action 

Committee, re-submitted on April 30, 

2007.1 In addition, we received a case 

brief on behalf of Asian Seafoods on 

April 23, 2007. Additionally, we 

received a case brief on behalf of Allied 

Pacific Food (Dalian) Co., Ltd., Allied 

Pacific Aquatic Products (Zhanjiang) 

Co., Ltd., Zhanjiang Allied Pacific 

Aquaculture Co., Ltd., Allied Pacific 

(H.K.) Co., Ltd., and King Royal 

Investments, Ltd., (collectively, ‘‘Allied 

Pacific Group’’) on April 23, 2007. We 

also received a case brief on behalf of 

Yelin Enterprise Co. Hong Kong and its 

affiliates, Shantou Yelin Frozen Seafood 

Co., Ltd., Yangjiang City Yelin Hoi Tat 

Quick Frozen Seafood Co., Ltd., Fuqing 

Yihua Aquatic Food Co., Ltd., Fuqing 

Minhua Trading Co., Ltd., and Ocean 

Duke Corporation (collectively, ‘‘Yelin’’) 

on April 23, 2007. We also received a 

case brief on April 23, 2007, on behalf 

of Zhanjiang Guolian Aquatic Products 

Co., Ltd., an interested party. On May 7, 

2007, and on May 8, 2007, we received 

rebuttal briefs from the petitioner, Asian 

Seafoods, and Yelin. 

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,2

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 investigation, 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, white-leg 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 

investigation. 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 

investigation. 

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 

subheadings 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) Lee Kum Kee’s shrimp 

sauce; (7) canned warmwater shrimp 

and prawns (HTS 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 10 percent of the 

product’s total weight after being 

dusted, but prior to being frozen; and (5) 


jlentini on PROD1PC65 with NOTICES
52050 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices 

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 

investigation are currently classified 

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 investigation is dispositive. 

Separate Rates 

Yelin, Allied Pacific (Hong Kong), 

Allied Pacific (Zhanjiang), and 

Evergreen have requested separate, 

company-specific antidumping duty 

rates. In our preliminary results, we 

found that they had each met the 

criteria for the application of a separate 

antidumping duty rate. See Preliminary 

Results. We have not received any 

information since the Preliminary 

Results with respect to Yelin, Allied 

Pacific (Hong Kong), Allied Pacific 

(Zhanjiang), and Evergreen which 

would warrant reconsideration of our 

separate-rates determinations with 

respect to these companies. Therefore, 

for these final results, we will continue 

to calculate company-specific separate 

rates for these respondents. 

Partial Rescission of Administrative 

Review 

In the Preliminary Results, the 

Department issued a notice of intent to 

rescind the administrative review with 

respect to several companies that 

indicated they did not export certain 

frozen warmwater shrimp to the United 

States during the POR. Those companies 

are: Baofa Aquatic Products Co., Ltd.; 

Guangzhou Lingshan Aquatic Products; 

Ruian Huasheng Aquatic Products; 

Sealord North America; Shantou Ocean 

Freezing Industry and Trade General 

Corporation; Spectrum Plastics; Taizhou 

Zhonghuan Industrial Co., Ltd.; Yantai 

Xinlai Trade; Zhejiang Daishan Baofa 

Aquatic Products Co., Ltd.; Zhejiang 

Evernew Seafood Co., Ltd.; Zhejiang 

Zhenlong Foodstuffs Co., Ltd.; 

Zhoushan Guotai Aquatic Products Co., 

Ltd. (AKA Zhoushan Guotai Fisheries 

Co., Ltd.); Zhoushan Haichang Food Co.; 

Zhoushan Industrial Co., Ltd.; 

Zhoushan Putuo Huafa Sea Products 

Co., Ltd.; and Zhoushan Zhenyang 

Developing Co., Ltd. 

The Department is also rescinding the 

administrative review with respect to 

the following entities because the 

Department’s quantity and value 

questionnaires sent to these companies 

were returned with undeliverable 

addresses: Allied Pacific Food; Allied 

Pacific Aquatic Products (Zhongshan) 

Co., Ltd.;3 Dhin Foong Trdg; Dongri 

Aquatic Products Freezing Plants 

Shengping; Dongshan Xinhefa Food; 

Evergreen Aquatic Product Science and 

Technology; Formosa Plastics; Fuchang 

Trdg; Fuqing City Dongyi Trdg; Fuqing 

Chaohui Aquatic Food Co., Ltd., Fuqing 

Chaohui Aquatic Food Trdg.; Fuqing 

Dongyi Trading; Fuqing Fuchang 

Trading; Fuqing Longwei Aquatic 

Foodstuff; Fuqing Xuhu Aquatic Food 

Trdg; Gaomi Shenyuan Foodstuff; 

Guangxi Lian Chi Home Appliance Co; 

Hainan Jiadexin Aquatic Products Co., 

Ltd.; I T Logistics; Juxian Zhonglu 

Foodstuffs; Logistics Harbour Dock; 

Longwei Aquatic Foodstuff; Master 

International Logistics; Meizhou 

Aquatic Products; Nichi Lan Food Co. 

Ltd. Chen Hai; P&T International 

Trading; Perfection Logistics Service; 

Phoenix Seafood; Putuo Fahua Aquatic 

Products Co., Ltd.; Qingdao Dayang Jian 

Foodstuffs; Qinhuangdao Jiangxin 

Aquatic Food; Round the Ocean 

Logistics; Seatrade International; 

Second Aquatic Food; Second Aquatic 

Foodstuffs Fty; Shandong Chengshun 

Farm Produce Trd; Shandong Sanfod 

Group; Shantou Junyuan Pingyuan 

Foreign Trading; Shantou Sez Xuhoa 

Fastness Freeze Aquatic Factory; South 

Bay Intl; Taizhou Lingyang Aquatic 

Products Co., Ltd.; Tianhe Hardware & 

Rigging; Xiamen Sungiven Imports & 

Exports; Yantai Guangyuan Foods Co; 

Yantai Xuehai Foodstuffs; Yelin Frozen 

Seafood Co.; Zhanjiang CNF Sea 

Products Engineering, Ltd; Zhanjiang 

Fuchang Aquatic Products; Zhanjiang 

Jebshin Seafood Limited; Zhanjiang 

Shunda Aquatic Products; Zhejiang 

Zhongda; Zhejiang Taizhou Lingyang 

Aquatic Products Co.; Zhoushan 

Guangzhou Aquatic Products Co., Ltd.; 

Zhoushan International Trade Co., Ltd.; 

Zhoushan Provisions & Oil Food Export 

and Import Co., Ltd.; Zhoushan Xi’an 

Aquatic Products Co., Ltd.; and ZJ CNF 

Sea Products Engineering, Ltd. The 

Department sent quantity and value 

questionnaires to each of these 

companies twice, but the questionnaires 

were returned with undeliverable 

addresses. Additionally, the Department 

sent these questionnaires to the 

Chamber of Commerce and Ministry of 

Commerce of the People’s Republic of 

China, requesting them to forward these 

questionnaires to the companies, but the 

Department received no response. See 

Memorandum to the File from 

Christopher D. Riker, Program Manager, 

AD/CVD Operations Office 9, R.E.: 

2004/2006 Administrative Review of 

Certain Frozen Warmwater Shrimp from 

the People’s Republic of China, Subject: 

Inability to Contact Certain Companies 

Included in the Notice of Initiation. 

Therefore, the Department is rescinding 

the review with respect to these 

companies, in accordance with our 

practice. See Certain Steel Concrete 

Reinforcing Bars from Turkey: 

Preliminary results and Partial 

Rescission of Antidumping Duty 

Administrative Review, 71 FR 26455, 

26457 (May 5, 2006). 

Additionally, consistent with section 

351.214(j) of the Department’s 

regulations, the Department is 

rescinding the administrative review of 

Zhanjiang Regal because the Department 

has already reviewed all of the 

company’s sales which were made 

during the POR in the context of a new 

shipper review. See Certain Frozen 

Warmwater Shrimp From the People’s 

Republic of China: Final Results of the 

Antidumping Duty New Shipper Review, 

71 FR 70362 (December 4, 2006). 

Furthermore, the Department is 

rescinding the administrative review of 

Shantou City Qiaofeng Group as this is 

the same company, but with a different 

name, as a company for which the 

administrative review has already been 

rescinded (i.e., Chaoyang Qiaofeng 

Group Co., Ltd.). See Memorandum to 

the File, through Christopher D. Riker, 

Program Manager, AD/CVD 

Enforcement, Office 9, from Michael 

Quigley, Case Analyst, AD/CVD 

Enforcement, Office 9, regarding 2004/ 

2006 Administrative Review of Certain 

Frozen Warmwater Shrimp from the 

People’s Republic of China: Shantou 

City Qiaofeng Group (August 16, 2006). 

The Department received no comments 

on these issues, and we did not receive 

any further information since the 

issuance of the Preliminary Results that 

provides a basis for reconsideration of 

these determinations. 

Bona Fide Sale Analysis—Asian 

Seafoods & Hai Li 

The Department also preliminarily 

rescinded the administrative review of 

Asian Seafoods and Hai Li due to the 

Department finding that the single sales 

made during the POR were not bona 

fide. The Department received 

comments from Asian Seafoods and the 

petitioner regarding the Department’s 

preliminary bona fides determination 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices 52051 

with respect to Asian Seafoods, and for 

the reasons stated below, we continue to 

find that Asian Seafood’s reported U.S. 

sale during the POR does not appear to 

be a bona fide sale, based on the totality 

of the facts on the record. See, e.g., 

Glycine From The People’s Republic of 

China: Rescission of Antidumping Duty 

New Shipper Review of Hebei New 

Donghua Amino Acid Co., Ltd., 69 FR 

47405, 47406 (August 5, 2004). 

Specifically, we find that: (1) The sales 

price of Asian Seafoods’ single POR 

sale; (2) irregularities relating to its 

customer correspondence; (3) atypical 

terms for the POR sale, and finally; (4) 

other indicia of a non-bona fide 

transaction, all demonstrate that the 

single sale under review was not bona 

fide. Therefore, this sale does not 

provide a reasonable or reliable basis for 

calculating a dumping margin. 

Additionally, the Department 

received comments from Hai Li and the 

petitioner regarding the Department’s 

preliminary bona fides determination 

with regard to Hai Li, and for the 

reasons stated below, we continue to 

find that Hai Li’s reported U.S. sale 

during the POR does not appear to be 

a bona fide sale, based on the totality of 

the facts on the record. See, e.g., Glycine 

From The People’s Republic of China: 

Rescission of Antidumping Duty New 

Shipper Review of Hebei New Donghua 

Amino Acid Co., Ltd., 69 FR 47405, 

47406 (August 5, 2004). Specifically, we 

continue to find that: (1) The difference 

in the sales price of Hai Li’s single POR 

sale as compared to the average unit 

value of suspended entries derived from 

CBP data; (2) the involvement of 

unaffiliated parties in Hai Li’s single 

POR sale; (3) irregularities relating to 

packing materials, and finally, (4) other 

indicia of a non-bona fide transaction, 

all demonstrate that the single sale 

under review was not bona fide. 

Therefore, this sale does not provide a 

reasonable or reliable basis for 

calculating a dumping margin. 

For the reasons mentioned above, the 

Department finds that Asian Seafood’s 

and Hai Li’s single U.S. sales during the 

POR were not bona fide commercial 

transactions and is rescinding the 

administrative review of Asian 

Seafoods, and the new shipper review of 

Hai Li. For a more detailed analysis, see 

Memorandum to David Spooner, 

Assistant Secretary for Import 

Administration, from Gary Taverman, 

Acting Deputy Assistant Secretary for 

Import Administration, regarding Issues 

and Decision Memorandum for the 

Final Results of 2004/2006 

Antidumping Duty Administrative and 

New Shipper Reviews of Certain Frozen 

Warmwater Shrimp from the People’s 

Republic of China (September 5, 2007) 

(‘‘Issues and Decision Memorandum’’) 

at Comments 16 and 17. 

Adverse Facts Available—Red Garden, 

Meizhou and Zhoushan Huading 

For purposes of the Preliminary 

Results, the Department applied facts 

available to sales by Red Garden, 

Meizhou and Zhoushan Huading. No 

comments on this determination were 

submitted by any interested party. 

Therefore, for the reasons stated above, 

we find it appropriate, pursuant to 

sections 776(a)(2)(D) and 776(b) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), to use adverse facts available 

(‘‘AFA’’) as the basis for the final results 

of review for Red Garden, Meizhou, and 

Zhoushan Huading, which are part of 

the PRC-wide entity, as the Department 

was unable to verify their questionnaire 

responses concerning their eligibility for 

a separate rate. Consistent with the 

statute, court precedent, and its normal 

practice, the Department has assigned 

the rate of 112.81 percent to the PRCwide entity (including Red Garden, 

Meizhou, and Huading), the highest rate 

from the petition in the LTFV 

investigation. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp From the People’s Republic of 

China, 70 FR 5149 (February 1, 2005). 

As discussed further below, this rate has 

been corroborated. 

Furthermore, because Huading 

terminated verification and we found 

reimbursement of antidumping duties, 

the Department assigned Huading a rate 

inclusive of the PRC-wide entity rate 

and the reimbursement adjustment, or 

225.62 percent. No comments were 

received regarding this determination. 

Corroboration of Secondary 

Information 

Section 776(c) of the Act requires that 

the Department corroborate, to the 

extent practicable, a figure which it 

applies as facts available. To be 

considered corroborated, information 

must be found to be both reliable and 

relevant. We are applying as AFA the 

highest rate from any segment of this 

administrative proceeding, which is the 

rate currently applicable to all exporters 

subject to the PRC-wide rate. The AFA 

rate in the current review (i.e., the PRCwide rate of 112.81 percent) represents 

the highest rate from the petition in the 

less than fair value (‘‘LTFV’’) 

investigation. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp From the People’s Republic of 

China, 70 FR 5149 (February 1, 2005). 

For purposes of corroboration, the 

Department will consider whether that 

margin is both reliable and relevant. The 

AFA rate we are applying for the current 

review was corroborated in the LTFV 

investigation. See, e.g., Notice of Final 

Determination of Sales at Less Than 

Fair Value: Certain Frozen and Canned 

Warmwater Shrimp From the People’s 

Republic of China, 69 FR 70997 

(December 8, 2004). This is the first 

administrative review of this 

antidumping duty order. No information 

has been presented in the current 

review that calls into question the 

reliability of this information. 

Analysis of Comments Received 

In the case and rebuttal briefs 

received from the parties after the 

Preliminary Results, we received 

comments on several issues, including 

the surrogate values used to value raw 

shrimp, shrimp feed, overhead, selling, 

general and administrative expenses, 

and profit. All issues raised in the case 

briefs are addressed in the Issues and 

Decision Memorandum, which is hereby 

adopted by this notice. A list of the 

issues raised, all of which are in the 

Issues and Decision Memorandum, is 

attached to this notice as Appendix I. 

Parties can find a complete discussion 

of all issues raised in the briefs and the 

corresponding recommendations in this 

public memorandum on file in the 

Central Records Unit (‘‘CRU’’), room B–

099 of the Herbert C. Hoover Building. 

In addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the Web at 

http://ia.ita.doc.gov. The paper copy 

and electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on the comments received from 

the interested parties, we have made 

changes to the margin calculation for 

Yelin. 

Final Results of Review 

We determine that the following 

antidumping duty margins exist: 


jlentini on PROD1PC65 with NOTICES
52052 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices 

CERTAIN FROZEN WARMWATER SHRIMP FROM THE PRC 

Manufacturer/exporter 

Weighted-average 

margin 

(percent) 

Yelin Enterprise Co. Hong Kong ............................................................................................................................................. 0.44 

Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd ............................................................................................................ 4 53.68 

Allied Pacific (H.K.) Co. Ltd ..................................................................................................................................................... 53.68 

Zhanjiang Evergreen Aquatic Product Science and Technology Co. Ltd ............................................................................... 53.68 

Zhoushan Huading Seafood Co., Ltd ...................................................................................................................................... 225.62 

PRC-wide Rate (including Red Garden and Meizhou) ........................................................................................................... 112.81 

4See Preliminary Results at 10654–10655 for a discussion of how the Department determined the separate rate margin for cooperative 

companies. 

For details on the calculation of the 

antidumping duty margin for Yelin, see 

Memorandum to the File, through Scot 

T. Fullerton, Program Manager, from 

Erin C. Begnal, Senior International 

Trade Analyst, regarding Certain Frozen 

Warmwater Shrimp from the People’s 

Republic of China—Analysis 

Memorandum for the Final Results of 

Administrative Review of Yelin 

Enterprise Co. Hong Kong (September 5, 

2007). A public version of this 

memorandum is on file in the Central 

Records Unit. 

Assessment of Antidumping Duties 

The Department will determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of these final results of 

review. For assessment purposes for 

companies with a calculated rate, where 

possible, we calculated importerspecific assessment rates for certain 

frozen warmwater shrimp from the PRC 

via 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 during the 

POR. We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review. 

Cash Deposits 

The following cash-deposit 

requirements will be effective upon 

publication of the final results for 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results, as 

provided by section 751(a)(2)(C) of the 

Act: (1) For the exporters listed above, 

the cash deposit rate will be equivalent 

to the company-specific weightedaverage margin established in this 

review; (2) for PRC exporters who 

received a separate rate in a prior 

segment of the proceeding, but were not 

reviewed in this review, the cash 

deposit rate will continue to be the rate 

assigned in that segment of the 

proceeding; (3) for all other PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate (including Red Garden and 

Meizhou), the cash-deposit rate will be 

the PRC-wide rate of 112.81 percent; (4) 

for all non-PRC exporters of subject 

merchandise, the cash-deposit rate will 

be the rate applicable to the PRC 

exporter that supplied that exporter. 

These deposit requirements, when 

imposed, shall remain in effect until 

publication of the final results of the 

next administrative review. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping 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 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

These reviews and notice are in 

accordance with sections 751(a)(1), 

751(a)(2) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(5). 

Dated: September 5, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I 

General Issues 

Comment 1: Shrimp Feed Valuation 

Comment 2: Selection of Financial 

Statements 

Comment 3: Adjustments to Surrogate 

Financial Ratios 

A. Carriage and Freight 

B. Labor-Related Expenses 

Comment 4: Wage Rate 

Comment 5: Refrigerated Truck Freight 

Valuation 

Comment 6: Raw Shrimp Valuation 

Comment 7: By-Product Surrogate Valuation 

Comment 8: Clerical Error in Calculating the 

Raw Shrimp Surrogate Value 

Company-Specific Issues 

Comment 9: Yelin’s Carton Consumption 

Comment 10: Application of Partial Adverse 

Facts Available to Yelin 

Comment 11: Ocean Duke’s Reported Costs 

A. Warehousing Expenses 

B. Additional Ocean Duke Expenses 

Comment 12: Multinational Corporation 

Provision 

Comment 13: Valuation of Yelin’s Purchased 

Raw Shrimp 

Comment 14: Treatment of Guolian Aquatic 

Products 

Comment 15: Treatment of Allied Pacific 

Group 

Comment 16: The Bona Fides of Asian 

Seafoods’ Single POR Sale 

A. Price 

B. Irregularities Regarding the Customer 

Correspondence Submitted in the 

Review 

C. Atypical Terms of Sale 

D. Other Indicia Of Non-Bona Fide 

Transaction 

E. Calculation of Rate For Assessment 

Purposes 

F. Assignment of the PRC-Wide Rate to 

Asian Seafoods 

Comment 17: The Bona Fides of Hai Li’s 

Single POR Sale 

A. Price 

B. Involvement of Third Parties in Hai Li’s 

Sale 

C. Irregularities Regarding Hai Li’s 

Packaging Materials 

D. Other Indicia of a Non-Bona Fide 

Transaction 

E. Calculation of Rate For Assessment 

Purposes 

[FR Doc. 07–4495 Filed 9–11–07; 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 

Antidumping Duty Administrative 

Review and First New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 


jlentini on PROD1PC65 with NOTICES