20358 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

2 JBF notified CBP in a ‘‘prior disclosure’’ letter 

that some entries of subject merchandise were 

misidentified as ‘‘free and dutiable’’ entries at the 

time of entry. A ‘‘prior disclosure’’ letter is 

provided for in CBP’s regulations (19 CFR 162.74). 

The letter allows importers to correct mistakes 

made during the entry process on their initiative, 

thus avoiding possible sanctions or penalties. JBF 

has certified that it is working with CBP to ensure 

these entries are properly classified, and the 

Department is working with CBP to ensure that all 

entries, including those misidentified, will be 

assessed at the appropriate rate in accordance with 

these final results. 

3See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

4See id.; see also Polyethylene Terephthalate 

Film, Sheet, and Strip From Brazil, the People’s 

Republic of China and the United Arab Emirates: 

Antidumping Duty Orders and Amended Final 

Determination of Sales at Less Than Fair Value for 

the United Arab Emirates, 73 FR 66595 (November 

10, 2008) (Order). 5See Order. 

1See Certain Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Preliminary Results 

of Antidumping Duty New Shipper Review, 77 FR 

1053 (January 9, 2012) (‘‘Preliminary Results’’). 

valorem assessment rates based on the 

ratio of the total amount of the dumping 

duties calculated for the examined sales 

to the total entered value of those same 

sales. See 19 CFR 351.212(b)(1). 

However, where the respondent did not 

report the entered value for its sales, we 

have calculated importer-specific (or 

customer-specific) per-unit assessment 

rates by aggregating the total amount of 

antidumping duties calculated for the 

examined sales and dividing this 

amount by the total quantity of those 

sales.2 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 (i.e., at or 

above 0.50 percent). Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate, without regard to 

antidumping duties, any entries for 

which the assessment rate is de 

minimis. The Department intends to 

issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003.3 This clarification applies 

to entries of subject merchandise during 

the period of review produced by JBF 

for which JBF did not know the 

merchandise it sold to an intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, we will 

instruct CBP to liquidate non-reviewed 

entries at the all-others rate of 4.05 

percent from the investigation if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction.4

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of these final 

results, as provided by section 

751(a)(2)(C) of the Tariff Act of 1930, as 

amended (the Act): (1) For the company 

covered by this review, the cash deposit 

rate will be the rate listed above in the 

section ‘‘Final Results of Review’’; (2) 

for merchandise exported by producers 

or exporters not covered in this review 

but covered in a previous segment of 

this proceeding, the cash deposit rate 

will continue to be the companyspecific rate published in the most 

recent final results in which that 

producer or exporter participated; (3) if 

the exporter is not a firm covered in this 

review or in any previous segment of 

this proceeding, but the producer is, the 

cash deposit rate will be that established 

for the producer of the merchandise in 

these final results of review or in the 

most recent final results in which that 

producer participated; and, (4) if neither 

the exporter nor the producer is a firm 

covered in this review or in any 

previous segment of this proceeding, the 

cash deposit rate will be 4.05 percent, 

the all-others rate established in the less 

than fair value investigation.5 These 

deposit requirements shall remain in 

effect until further notice. 

Notification Regarding Administrative 

Protective Orders 

This notice is the only reminder to 

parties subject to the administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3). 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. 

Notification to Importers 

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 review period. 

Failure to comply with this requirement 

could result in the Department’s 

presumption that reimbursement of 

antidumping duties occurred, and in the 

subsequent assessment of double 

antidumping duties. 

We are issuing and publishing these 

final results and this notice in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: March 29, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix 

Issues in the Decision Memorandum 

Comment 1: Zeroing 

Comment 2: Deductions from Home Market 

Price 

[FR Doc. 2012–8108 Filed 4–3–12; 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 Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 9, 2012, the 

Department of Commerce 

(‘‘Department’’) published in the 

Federal Register the preliminary results 

of the new shipper review of the 

antidumping duty order on certain 

frozen warmwater shrimp (‘‘shrimp’’) 

from the Socialist Republic of Vietnam 

(‘‘Vietnam’’).1 We gave interested 

parties an opportunity to comment on 

the Preliminary Results. None were 

submitted. As a result, these final 

results do not differ from the 

Preliminary Results. The final dumping 

margin for Thong Thuan Company 

Limited, and its subsidiary company, 

Thong Thuan Seafood Company 

Limited (collectively, ‘‘Thong Thuan’’) 

for the period of review (‘‘POR’’) 

February 1, 2010, through January 31, 

2011, is listed in the ‘‘Final Results of 

Review’’ section below. 

DATES: Effective Date: April 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–4031. 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20359 

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

includes the telson and the uropods. 

3The specific exclusion for Lee Kum Kee’s 

shrimp sauce applies only to the scope in the 

People’s Republic of China case. 

4On April 26, 2011, the Department amended the 

antidumping duty order to include dusted shrimp, 

pursuant to the U.S. Court of International Trade 

(‘‘CIT’’) decision in Ad Hoc Shrimp Trade Action 

Committee v. United States, 703 F. Supp. 2d 1330 

(CIT 2010) and the U.S. International Trade 

Commission determination, which found the 

domestic like product to include dusted shrimp. 

Because the amendment of the antidumping duty 

order occurred after this POR, dusted shrimp 

continue to be excluded in this review. See Certain 

Frozen Warmwater Shrimp From Brazil, India, the 

People’s Republic of China, Thailand, and the 

Socialist Republic of Vietnam: Amended 

Antidumping Duty Orders in Accordance with Final 

Court Decision, 76 FR 23227 (April 26, 2011); see 

also Ad Hoc Shrimp Trade Action Committee v. 

United States, 703 F. Supp. 2d 1330 (CIT 2010) and 

Frozen Warmwater Shrimp from Brazil, China, 

India, Thailand, and Vietnam (Investigation Nos. 

731–TA–1063, 1064, 1066–1068 (Review), USITC 

Publication 4221, March 2011. 

SUPPLEMENTARY INFORMATION: 

Background 

As noted above, on January 9, 2012, 

the Department published the 

Preliminary Results of the 

administrative review of shrimp from 

Vietnam. The Department did not 

receive comments from interested 

parties on the Preliminary Results. 

Changes Since the Preliminary Results 

We have not made any changes to the 

Preliminary Results. 

Scope of the Order 

The scope of the order includes 

certain warmwater shrimp and prawns, 

whether frozen, 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 

the 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 the order. 

In addition, food preparations 

(including dusted shrimp), 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 (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 3; (7) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.10.40); and (8) 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 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. 

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 the order 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 the order is 

dispositive.4

Final Results of Review 

The dumping margin for the POR is 

as follows: 

Manufacturer/Exporter Margin 

Thong Thuan Company Limited and its subsidiary 

company, Thong Thuan 

Seafood Company Limited 0.00% 

Assessment 

Upon issuance of the final results, the 

Department will determine, and U.S. 

Customs and Border Protection (‘‘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 the final results of 

review. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer-specific (or customer) 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. In accordance 

with 19 CFR 351.106(c)(2), we will 

instruct CBP to liquidate, without regard 

to antidumping duties, all entries of 

subject merchandise during the POR for 

which the importer-specific assessment 

rate is zero or de minimis. 

Cash Deposit Requirements 

The following cash deposit 

requirement will be effective upon 

publication of the final results of this 

NSR for all shipments of subject 

merchandise produced and exported 

from Thong Thuan entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) For subject 

merchandise produced and exported by 

Thong Thuan, the cash deposit rate will 

be the rate established in the final 

results of this NSR. If the cash deposit 

rate calculated in the final results is zero 

or de minimis, no cash deposit will be 

required for the specific producerexporter combination listed above; (2) 

for subject merchandise exported by 

Thong Thuan but not manufactured by 

Thong Thuan, the cash deposit rate will 

continue to be the Vietnam-wide rate 

(i.e., 25.76 percent); and (3) for subject 

merchandise manufactured by Thong 

Thuan, but exported by any other party, 

the cash deposit rate will be the 

Vietnam-wide rate (i.e., 25.76 percent). 


emcdonald on DSK29S0YB1PROD with NOTICES
20360 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

The cash deposit requirement, when 

imposed, shall remain in effect until 

further notice. 

Reimbursement of Duties 

This notice also 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 POR. 

Failure to comply with this requirement 

could result in the Department’s 

presumption that reimbursement of 

antidumping duties has occurred and 

the subsequent assessment of doubled 

antidumping duties. 

Administrative Protective Order 

In accordance with 19 CFR 

351.305(a)(3), this notice also serves as 

a reminder to parties subject to 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under the APO, 

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 

subject to sanction. 

We are issuing and publishing this 

administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: March 29, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–8110 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before April 24, 

2012. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 12–008. Applicant: 

Stevens Institute of Technology, Castle 

Point on Hudson, Hoboken, NJ 07030. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to study the interfacial 

wetting phenomena and develop robust 

superhydrophobic surfaces for anticorrosion and anti-icing surfaces. The 

experiments will involve the 

examination of evaporation, 

condensation, and icing of water 

droplets on nanostructured surfaces. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 8, 

2012. 

Docket Number: 12–009. Applicant: 

Humboldt State University Sponsored 

Programs Foundation, 1 Harpst St., 

Arcata, CA 95521. Instrument: Electron 

Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: The instrument will be used in 

research activities including olfactory 

epithelium of amphibians, plant 

gravitropism, analyses of high 

temperature and high pressure 

mineralogy and petrology experiments, 

analyses of the microstructures and rock 

textures formed in active fault zones, 

and the weathering properties of 

minerals and formation of soils. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 5, 

2012. 

Docket Number: 12–010. Applicant: 

Howard Hughes Medical Institute, 4000 

Jones Bridge Rd., Chevy Chase, MD 

20815. Instrument: Electron Microscope. 

Manufacturer: FEI Company, The 

Netherlands. Intended Use: The 

instrument will be used for medical 

research; the proteins to be studied are 

often malfunctioning in diseases such as 

diabetes, cancer and heath disease, and 

understanding how the proteins are 

built can help in understanding what 

goes wrong and help to design 

pharmaceuticals to correct the problem. 

The instrument will also be used to 

teach students in the use of electron 

microscopy for protein structure 

determination. Justification for DutyFree Entry: There are no instruments of 

the same general category manufactured 

in the United States. Application 

accepted by Commissioner of Customs: 

March 19, 2012. 

Docket Number: 12–012. Applicant: 

Alliance for Sustainable Energy, 1617 

Cole Blvd. Golden, CO 80401–3305. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used in part as rapid feedback 

for synthesis of inorganic solution 

fabricated nanocrystals. By allowing a 

user to image their sample immediately 

following synthesis, the tool will allow 

development of new material with 

better monodispersity, size and shape 

control. The main experiments to be 

conducted are imaging at low and high 

resolution, with additional capabilities 

such as material identification using 

EDAX and electron diffraction. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 19, 

2012. 

Docket Number: 12–014. Applicant: 

California Institute of Technology, 1200 

E. California Blvd. Pasadena, CA 91125. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to study semiconductors 

and heterogeneous catalysts in order to 

accelerate the rate of discovery of Earthabundant, robust materials that can 

capture and convert the energy of 

sunlight into chemical fuels. The 

objective is to quantitatively 

characterize material morphology, 

conductivity and composition, which 

will aid in analyzing results from 

performance testing via 

electrochemistry and other techniques. 

The instrument will enable higherprecision nano-micro scale images of 

the materials, and it will also allow 

elemental analysis and current 

mapping. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: March 19, 

2012. 

Docket Number: 12–015. Applicant: 

University of Nebraska-Lincoln, 1700 Y 

St., Lincoln, NE 68588. Manufacturer: 

FEI Company, Czech Republic. Intended 

Use: The instrument will be used for 

detailed characterization of surface and 

near-surface topography, dimensions, 

and elemental composition of chiral 

nanostructured hybrid materials, novel 

low work function and semiconducting 

materials, nanoscale hard magnet 

materials, as well as many other metals, 

ceramics, and composite materials. The 

properties to be studied are magnetic, 

electronic, mechanical, optical, and 

other properties that are enhanced or 


emcdonald on DSK29S0YB1PROD with NOTICES