57562 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

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

includes the telson and the uropods. 

required by 19 CFR 351.214(b)(2)(iii)(B), 

Dongbao also certified that its export 

activities were not controlled by the 

central government of the PRC. 

In addition to the certifications 

described above, the exporter submitted 

documentation establishing the 

following: (1) the date on which it first 

shipped fresh garlic for export to the 

United States and the date on which the 

fresh garlic was first entered, or 

withdrawn from warehouse, for 

consumption; (2) the volume of its first 

shipment and the volume of subsequent 

shipments; and (3) the date of its first 

sale to an unaffiliated customer in the 

United States. 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214(d)(1), we are 

initiating this new shipper review for 

shipments of fresh garlic from the PRC 

grown and exported by Dongbao. 

The POR is November 1, 2004, 

through April 30, 2005. See 19 CFR 

351.214(g)(1)(i)(B). We intend to issue 

preliminary results of these reviews no 

later than 180 days from the date of 

initiation, and final results of these 

reviews no later than 270 days from the 

date of initiation. See section 

751(a)(2)(B)(iv) of the Act. 

Because Dongbao has certified that it 

grew and exported the fresh garlic on 

which it based its request for a new 

shipper review, we will instruct U.S. 

Customs and Border Protection (CBP) to 

allow, at the option of the importer, the 

posting of a bond or security in lieu of 

a cash deposit for each entry of fresh 

garlic both grown and exported by 

Dongbao until the completion of the 

new shipper review, pursuant to section 

751(a)(2)(B)(iii) of the Act. Interested 

parties that need access to proprietary 

information in this new shipper review 

should 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)(2)(B) of 

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: September 23, 2005. 

Holly A. Kuga, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19685 Filed 9–30–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–331–802) 

Notice of Initiation of New Shipper 

Antidumping Duty Review: Certain 

Frozen Warmwater Shrimp from 

Ecuador 

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. 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 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. 

[FR Doc. 05–19684 Filed 9–30–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Quarterly Update to Annual Listing of 

Foreign Government Subsidies on 

Articles of Cheese Subject to an In–

Quota Rate of Duty 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of 

Commerce, in consultation with the 

Secretary of Agriculture, has prepared 

its quarterly update to the annual list of 

foreign government subsidies on articles 

of cheese subject to an in–quota rate of 

duty during the period April 1, 2005, 

through June 31, 2005. We are 

publishing the current listing of those 

subsidies that we have determined exist. 

EFFECTIVE DATE: October 3, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Tipten Troidl or Eric Greynolds, AD/ 

CVD Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Ave., NW, Washington, DC 20230, 

telephone: (202) 482–1767 or (202) 482–

6071, respectively. 

SUPPLEMENTARY INFORMATION: Section 

702 of the Trade Agreements Act of 

1979 (as amended) (‘‘the Act’’) requires 

the Department of Commerce (‘‘the 

Department’’) to determine, in 

consultation with the Secretary of 

Agriculture, whether any foreign 

government is providing a subsidy with 

respect to any article of cheese subject 

to an in–quota rate of duty, as defined 

in section 702(h) of the Act, and to 

publish an annual list and quarterly 

updates of the type and amount of those 

subsidies. We hereby provide the 

Department’s quarterly update of 

subsidies on articles of cheese that were 

imported during the period April 1, 

2005, through June 31, 2005. 

The Department has developed, in 

consultation with the Secretary of 

Agriculture, information on subsidies 

(as defined in section 702(h) of the Act) 

being provided either directly or 

indirectly by foreign governments on 

articles of cheese subject to an in–quota 

rate of duty. The appendix to this notice 

lists the country, the subsidy program or 

programs, and the gross and net 

amounts of each subsidy for which 

information is currently available. The 

Department will incorporate additional 

programs which are found to constitute 

subsidies and additional information on 

the subsidy programs listed, as the 

information is developed. 

The Department encourages any 

person having information on foreign 

government subsidy programs which 

benefit articles of cheese subject to an 

in–quota rate of duty to submit such 

information in writing to the Assistant 

Secretary for Import Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230. 

This determination and notice are in 

accordance with section 702(a) of the 

Act. 

Dated: September 23, 2005. 

Holly A. Kuga, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY1

Country Program(s) Gross2 Subsidy ($/lb) Net3 Subsidy ($/lb) 

Austria ............................................................ European Union Restitution 

Payments 

$0.00 $ 0.00 

Belgium .......................................................... EU Restitution Payments $ 0.00 $ 0.00