73620 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 

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

includes the telson and the uropods. 

3See Certain Frozen Warmwater Shrimp From 

India: Final Results of Antidumping Duty 

Administrative Review and Final No Shipment 

Determination, 77 FR 40848, 40850 (July 11, 2012). 

4See, e.g., Certain Frozen Warmwater Shrimp 

From India: Final Results of Antidumping Duty 

Changed Circumstances Review, 75 FR 52718, 

52719 (Aug. 27, 2010). 

an expedited changed circumstances 

review under 19 CFR 351.221(c)(3)(ii) to 

confirm that it is the successor-ininterest to Apex for purposes of 

determining antidumping duty cash 

deposits and liabilities. 

On October 24, 2012, the Department 

preliminarily determined that Apex 

Frozen is the successor-in-interest to 

Apex. See Initiation and Preliminary 

Results, 77 FR at 64955. In the Initiation 

and Preliminary Results, we provided 

all interested parties with an 

opportunity to comment or request a 

public hearing regarding this finding. 

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,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 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 battered 

shrimp. Battered shrimp is a shrimpbased 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; and (5) 

that is subjected to IQF freezing 

immediately after application of the 

dusting layer. When dusted in 

accordance with the definition of 

dusting above, the battered shrimp 

product is also 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: 

0306.17.00.03, 0306.17.00.06, 

0306.17.00.09, 0306.17.00.12, 

0306.17.00.15, 0306.17.00.18, 

0306.17.00.21, 0306.17.00.24, 

0306.17.00.27, 0306.17.00.40, 

1605.21.10.30, and 1605.29.10.10. 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 Apex 

Frozen is the successor-in-interest to 

Apex. As a result of this determination, 

we find that Apex Frozen should 

receive the cash deposit rate previously 

assigned to Apex in the most recently 

completed review of the antidumping 

duty order on shrimp from India.3

Consequently, the Department will 

instruct U.S. Customs and Border 

Protection to suspend liquidation of all 

shipments of subject merchandise 

produced and/or exported by Apex 

Frozen and entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of this notice in the 

Federal Register at 2.51 percent, which 

is the current cash deposit rate for 

Apex.4 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: December 5, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–29885 Filed 12–10–12; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions; 

Clarification 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Notice. 

SUMMARY: The Committee for Purchase 

From People Who Are Blind or Severely 

Disabled (Committee) is providing 

supplementary information to its Notice 

in the Federal Register of October 26, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Director, Business 

Operations, 1421 Jefferson Davis 

Highway, Jefferson Plaza II, Suite 10800, 

Arlington, VA, Telephone: (703) 603– 

2118; FAX 703–603–0655 or email 

CMTEFedReg@abilityone.gov 

SUPPLEMENTARY INFORMATION: The 

Committee’s Notice in the Federal 

Register of Friday, October 26, 2012 (77 

FR 65365–65366), concerning additions 

to the Procurement List, specified 

‘‘Eyewear’’ with coverage for 100% of 

the requirements for Veterans Integrated 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 73621 

1Commissioner Nancy A. Nord issued a 

statement regarding this issue. The statement is 

available on the Commission Web site, 

www.cpsc.gov or from the Office of the Secretary. 

Service Networks (VISNs) 1, 3, 4, 5, 6, 

7, and 8, as aggregated by Service Area 

Office (SAO) East, Veterans Health 

Administration, Department of Veterans 

Affairs, Pittsburgh, PA, with an effective 

date of November 26, 2012. This Notice 

is to clarify that the Committee’s 

decision to add the referenced eyewear 

requirement to the Procurement List 

does not affect current contracts or 

option years exercised under those 

contracts. Nor does the Committee’s 

decision preclude the Department of 

Veterans Affairs from implementing its 

Veterans First Program in awarding 

prime contracts for optical products and 

services in accordance with their 

published procedures. 

Further, the Committee is temporarily 

suspending the November 26, 2012 

effective date for the following 

locations: VISNs 1, 3, 4, 5, 6 and those 

portions of VISN 8 that have existing 

commercial contracts as of November 

26, 2012. Concurrently, pursuant to 41 

CFR 51–2.4, the Committee will 

reconsider the decision in order to 

determine whether it had all 

appropriate information for 

consideration when the Committee 

extended to SAO East its decision that 

the products were suitable for 

procurement by the Government. 

Interested parties may submit 

comments pertaining to the eyewear 

addition for the Committee’s 

consideration no later than 5 p.m. on 

January 28, 2013. Comments received 

after this date will not be considered. 

Comments should be submitted to Barry 

S. Lineback at the address above. 

Dated: December 6, 2012. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2012–29873 Filed 12–10–12; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–1] 

Baby Matters, LLC; Complaint 

AGENCY: Consumer Product Safety 

Commission 

ACTION: Publication of a Complaint 

under the Consumer Product Safety Act. 

SUMMARY: Under provisions of its Rules 

of Practice for Adjudicative Proceeding 

(16 CFR part 1025), the Consumer 

Product Safety Commission must 

publish in the Federal Register 

Complaints which it issues. Published 

below is a Complaint: In the Matter of 

Baby Matters, LLC.1

SUPPLEMENTARY INFORMATION: The text of 

the Complaint appears below. 

Dated: December 5, 2012. 

Todd A. Stevenson, 

Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the Matter of BABY MATTERS LLC, 

Respondent. 

CPSC DOCKET NO. 13–1 

Complaint 

Nature of Proceedings 

1. This is an administrative 

enforcement proceeding pursuant to 

Section 15 of the Consumer Product 

Safety Act (‘‘CPSA’’), as amended, 15 

U.S.C. 2064, and Section 15 of the 

Federal Hazardous Substances Act 

(‘‘FHSA’’), as amended, 15 U.S.C. 1274, 

for public notification and remedial 

action to protect children from the 

substantial risks of injury and death 

presented by infant recliners known as 

the Nap Nanny® and the Nap Nanny®

ChillTM (collectively, the ‘‘Subject 

Products’’), imported, distributed and 

sold by Baby Matters LLC (‘‘Baby 

Matters’’ or ‘‘Respondent’’). 

2. This proceeding is governed by the 

Rules of Practice for Adjudicative 

Proceedings before the Consumer 

Product Safety Commission (the 

‘‘Commission’’), 16 CFR part 1025. 

Jurisdiction 

3. This proceeding is instituted 

pursuant to the authority contained in 

Sections 15(c), (d) and (f) of the CPSA, 

15 U.S.C 2064 (c), (d) and (f), and 

Sections 15(c), (d) and (e) of the FHSA, 

15 U.S.C. 1274(c), (d) and (e). 

Parties 

4. Complaint Counsel is the staff of 

the Division of Compliance within the 

Office of the General Counsel of the 

Commission (‘‘Complaint Counsel’’). 

The Commission is an independent 

federal regulatory agency established 

pursuant to Section 4 of the CPSA, 15 

U.S.C. 2053. 

5. Respondent is a Pennsylvania 

limited liability company with its 

principal place of business located at 

531 Winston Way, Berwyn, 

Pennsylvania, 19312. 

6. From January 2009 until November 

2012, Respondent was an importer, 

distributor, and retailer of the Subject 

Products, as those terms are defined in 

CPSA Sections 3(a)(5), (7), (8), (11) and 

(13) of the CPSA, 15 U.S.C. 2052(a)(5), 

(7), (8), (11) and (13). 

7. As an importer, from January 2009 

until November 2012 Respondent was a 

‘‘manufacturer’’ as that term is defined 

in CPSA Section 3(a)(11), 15 U.S.C. 

2052(a)(11). 

The Consumer Product 

8. From January 2009 until November 

2012, Respondent imported and 

distributed the Subject Products in U.S. 

commerce and offered them for sale to 

consumers for their personal use in or 

around a permanent or temporary 

household or residence, in recreation or 

otherwise. 

9. The Subject Products are sold 

under the brand names Nap Nanny®

(‘‘Nap Nanny’’), and The Nap Nanny®

ChillTM’’ (the ‘‘Chill’’). 

10. Upon information and belief, three 

models of the Nap Nanny have been 

introduced in U.S. commerce. 

11. Upon information and belief, one 

model of the Nap Nanny (‘‘Generation 

One’’) was sold between January 2009 

and August 2009. 

12. Upon information and belief, the 

Generation One consists of a shaped 

foam seat base covered by a removable 

fabric shell, and is equipped with a 

three-point harness. 

13. Upon information and belief, the 

harness on each Generation One 

Product is attached to the fabric cover 

only and is not secured to the foam base 

underneath. 

14. Upon information and belief, a 

second model of the Nap Nanny 

(‘‘Generation Two’’) was sold between 

August 2009 and as late as April 2012. 

15. Upon information and belief, the 

Generation Two consists of a shaped 

foam seat base covered by a removable 

fabric shell and is equipped with a 

three-point harness. 

16. Upon information and belief, the 

contour of the foam seat base of the 

Generation Two is identical to that of 

the Generation One. 

17. Upon information and belief, the 

harness system in the Generation Two is 

sewn to the fabric cover but also can be 

secured to two ‘‘D’’-shaped rings 

embedded in the foam base by means of 

VelcroTM tabs. 

18. Upon information and belief, a 

third model of the Nap Nanny, the Chill, 

has been sold since January 2011. 

19. Upon information and belief, the 

Chill consists of a shaped foam seat base 

covered by a removable fabric shell and 

is equipped with a three-point harness. 

20. Upon information and belief, the 

contour of the Chill model’s foam base 


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