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###### Department of Commerce

###### International Trade Administration

          - (A-331-802)

# AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

# ACTION:

Initiation of New Shipper Antidumping Duty Review.

# SUMMARY:

The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador  published on February 1, 2005 (70 FR 5156).  In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping new shipper review of Studmark, S.A. (Studmark).

# EFFECTIVE DATE:

October 3, 2005.

# FOR FURTHER INFORMATION CONTACT:

David Goldberger or Gemal Brangman, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:  (202) 482-4136 or (202) 482-3773, respectively;

# SUPPLEMENTARY INFORMATION:

                    The Department received a timely request from Studmark, in accordance with 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador.                     *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order:  Certain Frozen Warmwater Shrimp from Ecuador*, 70 FR 5156 (February 1, 2005).                

Pursuant to 19 CFR 351.214(b), Studmark certified that it is both an exporter and producer of the subject merchandise, that it did not export subject merchandise to the United States during the period of the investigation (POI) (October 1, 2002, through September 30, 2003), and that it was not affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI.  Studmark also submitted documentation establishing the date on which the subject merchandise was first entered for consumption, the volume shipped, and the date of its first sale to an unaffiliated customer in the United States.

## 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,[1]                                          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 (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, 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 subheading 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); 7) certain dusted shrimp; and 8) certain battered shrimp.                           ( print page 57563)                         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) 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 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.

## Initiation of Review

                    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d), we are initiating a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador produced and exported by Studmark.  Because we are initiating this new shipper review in the month immediately following the first semianniversary month, this review covers the period from August 4, 2004, through July 31, 2005, in accordance with 19 CFR 351.214(g)(ii)(B).  We intend to issue the preliminary results of this review no later than 180 days after the date on which this review is initiated, and the final results within 90 days after the date on which we issue the preliminary results.                     *See*                     section 751(a)(2)(B)(iv) of the Act.                

We will instruct the U.S. Customs and Border Protection to suspend liquidation of any unliquidated entries of the subject merchandise from Studmark and allow, at the option of the importer, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the merchandise exported by Studmark in accordance with 19 CFR 351.214(e).  Because Studmark certified that it both produces and exports the subject merchandise, the sale of which is the basis for this new shipper review request, we will permit the bonding privilege only for those entries of subject merchandise for which Studmark is both the producer and the exporter.

Interested parties may submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306.

This initiation and notice are in accordance with section 751(a) of the Act and 19 CFR 351.214(d).

Dated:  September 26, 2005.

Holly A. Kuga,

Acting Deputy Assistant Secretary   for Import Administration.

# Footnotes

1.                             “Tails” in this context means the tail fan, which includes the telson and the uropods.                    
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[FR Doc. 05-19684 Filed 9-30-05; 8:45 am]

BILLING CODE 3510-DS-S