[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23222-23224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined 
that C. P. Vietnam Corporation is the successor-in-interest to C. P. 
Vietnam Livestock Corporation, and shall be accorded the same 
antidumping duty treatment as the original company for purposes of the 
antidumping duty order on certain frozen warmwater shrimp (``shrimp'') 
from the Socialist Republic of Vietnam (``Vietnam'').

DATES: Effective Date: April 18, 2012.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4047.

Background

    The Department published the antidumping duty order on shrimp from 
Vietnam on February 1, 2005.\1\ C.P. Vietnam Livestock Co., Ltd. was 
granted separate rate status in the original investigation and the 
second

[[Page 23223]]

administrative review.\2\ In July 2008, during the fourth 
administrative review, the company converted from a limited liability 
company into a joint stock company, changing its name to C. P. Vietnam 
Livestock Corporation.\3\ In September 2011, C. P. Vietnam Livestock 
Corporation changed its name to C. P. Vietnam Corporation, eliminating 
the word ``Livestock.''
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (``VN Shrimp Order'').
    \2\ See VN Shrimp Order; see also Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Final Results and 
Final Partial Rescission of Antidumping Administrative Review, 73 FR 
52273 (September 9, 2008).
    \3\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 
2010).
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    On December 13, 2011, C. P. Vietnam Corporation requested that the 
Department conduct a changed circumstances review to determine whether 
C. P. Vietnam Corporation is the successor-in-interest to C. P. Vietnam 
Livestock Corporation. On February 1, 2012, the Department initiated 
the changed circumstances review of C. P. Vietnam Corporation and 
preliminarily determined that C. P. Vietnam Corporation is the 
successor-in-interest to C. P. Vietnam Livestock Corporation.\4\ In the 
Preliminary Results, the Department invited interested parties to 
comment.\5\ We received no comments or requests for a hearing from 
interested parties.
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    \4\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Initiation and Preliminary Results of Changed 
Circumstances Review, 77 FR 4993 (February 1, 2012) (``Preliminary 
Results'')
    \5\ See Preliminary Results at 4994.
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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, shell-on or peeled, 
tail-on or tail-off,\6\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \6\ ``Tails'' in this context means 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 (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 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 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) canned warmwater shrimp and prawns (HTS 
subheading 1605.20.10.40); and (7) certain battered shrimp. Battered 
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. 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 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.\7\
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    \7\ On 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.
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Final Results of Changed Circumstances Review

    For the reasons stated in the Preliminary Results, and because the 
Department did not receive any comments on the Preliminary Results of 
this review, the Department continues to find that C. P. Vietnam 
Corporation is the successor-in-interest to C. P. Vietnam Livestock 
Corporation, for purposes of the antidumping duty cash-deposit rate. 
Accordingly, C. P. Vietnam Corporation shall receive the same 
antidumping duty treatment as C. P. Vietnam Livestock Corporation.

Notification

    The Department will instruct U.S. Customs and Border Protection 
that the cash deposit determination from this changed circumstances 
review will apply to all shipments of the subject merchandise produced 
and exported by C. P. Vietnam Corporation entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this changed circumstances review. This deposit rate 
shall remain in effect until further notice.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.


[[Page 23224]]


    Dated: April 11, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9350 Filed 4-17-12; 8:45 am]
BILLING CODE 3510-DS-P