Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27299 

1The Notice of Initiation also announced the 

initiation of the sunset review of the antidumping 

duty order on certain frozen warmwater shrimp 

from the Socialist Republic of Vietnam. However, 

the results of that sunset review will be discussed 

within a separate Federal Register notice in the 

context of a full sunset review in that case. 

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

includes the telson and the uropods. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–838, A–533–840, A–570–893, A–549– 

822] 

Certain Frozen Warmwater Shrimp 

from Brazil, India, the People’s 

Republic of China and Thailand: Final 

Results of the Expedited Sunset 

Reviews of the Antidumping Duty 

Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 4, 2010, the 

Department of Commerce (the 

Department) initiated sunset reviews of 

the antidumping duty orders on certain 

frozen warmwater shrimp from Brazil, 

India, the People’s Republic of China 

(PRC), and Thailand, pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act). The Department 

has conducted expedited (120-day) 

sunset reviews for these orders pursuant 

to 19 CFR 351.218(e)(1)(ii)(C)(2). As a 

result of these sunset reviews, the 

Department finds that revocation of the 

antidumping duty orders would be 

likely to lead to continuation or 

recurrence of dumping. 

FOR FURTHER INFORMATION CONTACT: FOR 

FURTHER INFORMATION: Kate 

Johnson, 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) 482–4929. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2005, the Department 

published the antidumping duty orders 

on certain frozen warmwater shrimp 

from Brazil, India, the PRC, and 

Thailand. See Notice of Amended Final 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp from Brazil, 70 FR 5143 

(February 1, 2005); Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp from India, 70 FR 5147 

(February 1, 2005); Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp From the People’s Republic of 

China, 70 FR 5149 (February 1, 2005); 

and Notice of Amended Final 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp from Thailand, 70 FR 5145 

(February 1, 2005). 

On January 4, 2010, the Department 

published the notice of initiation of the 

sunset reviews of the antidumping duty 

orders on certain frozen warmwater 

shrimp from Brazil, India, the PRC, and 

Thailand, pursuant to section 751(c) of 

the Act. See Initiation of Five-year 

(‘‘Sunset’’) Review, 75 FR 103 (January 4, 

2010) (Notice of Initiation).1

The Department received a notice of 

intent to participate from the Ad Hoc 

Shrimp Trade Action Committee 

(petitioner) and the American Shrimp 

Processors Association (ASPA) within 

the deadline specified in 19 CFR 

351.218(d)(1)(i). The petitioner claimed 

interested party status under section 

771(9)(C) of the Act stating that its 

individual members are each producers 

in the United States of a domestic like 

product. ASPA claimed interested party 

status under section 771(9)(E) of the Act 

stating that it is a trade association, the 

majority of whose members are 

producers and/or processors of a 

domestic like product in the United 

States. 

The Department received complete 

substantive responses to the Notice of 

Initiation from the domestic interested 

parties within the 30-day deadline 

specified in 19 CFR 351.218(d)(3)(i). We 

received no substantive responses from 

respondent interested parties with 

respect to the orders on certain frozen 

warmwater shrimp from Brazil, the PRC, 

or Thailand, nor was a hearing 

requested. We received a substantive 

response from the Seafood Exporters 

Association of India (SEAI), which is a 

trade association whose membership 

consists of Indian producers and 

exporters of the subject merchandise, 

within the 30-day deadline specified in 

19 CFR 351.218(d)(3)(i). On February 

12, 2010, ASPA submitted rebuttal 

comments to SEAI’s substantive 

response. We determined that SEAI’s 

substantive response was not adequate 

because it failed to provide the volume 

and value of its members’ exports of 

subject merchandise to the United 

States for several specific time periods 

enumerated by 19 CFR 

351.218(d)(3)(iii)(B–E). See the March 2, 

2010, memorandum entitled ‘‘Adequacy 

Determination in Antidumping Duty 

Sunset Review of Certain Frozen 

Warmwater Shrimp from India.’’ On 

March 4, 2010, SEAI requested that the 

Department reconsider its adequacy 

finding. On March 30, 2010, we notified 

SEAI that we continued to find that its 

substantive response was inadequate. 

As a result, pursuant to 19 CFR 

351.218(e)(1)(ii)(C)(2), the Department 

conducted expedited (120-day) sunset 

reviews of the antidumping duty orders 

on certain frozen warmwater shrimp 

from Brazil, India, the PRC, and 

Thailand. 

Scope of the Orders 

The products covered by the orders 

include certain frozen warmwater 

shrimp and prawns whether wild– 

caught (ocean harvested) or farm–raised 

(produced by aquaculture), head–on or 

head–off, shell–on 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 orders, 

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 the orders. 

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 the orders. 

Excluded from the orders are: 1) 

breaded shrimp and prawns (HTSUS 

subheading 1605.20.10.20); 2) shrimp 

and prawns generally classified in the 


emcdonald on DSK2BSOYB1PROD with NOTICES
27300 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

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 dusted 

shrimp; and 8) certain battered shrimp. 

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 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 the orders 

are currently classified under the 

following HTSUS 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 

HTSUS subheadings are provided for 

convenience and for customs purposes 

only and are not dispositive, but rather 

the written description of the scope of 

the orders is dispositive. 

Analysis of Comments Received 

All issues raised in these reviews are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Expedited Sunset 

Reviews of the Antidumping Duty 

Orders on Certain Frozen Warmwater 

Shrimp from Brazil, India, the People’s 

Republic of China, and Thailand’’ from 

John M. Andersen, Acting Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration 

(Decision Memo), which is hereby 

adopted by, and issued concurrently 

with, this notice. The issues discussed 

in the Decision Memo include the 

likelihood of continuation or recurrence 

of dumping and the magnitude of the 

margins likely to prevail if the orders 

were revoked. Parties can find a 

complete discussion of all issues raised 

in these reviews and the corresponding 

recommendations in this public 

memorandum which is on file in the 

Central Records Unit, room 1117 of the 

main Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Final Results of Reviews 

We determine that revocation of the 

antidumping duty orders on certain 

frozen warmwater shrimp from Brazil, 

India, the PRC, and Thailand would be 

likely to lead to continuation or 

recurrence of dumping at the following 

weighted–average percentage margins: 

Manufacturers/Exporters/Producers 

Weighted–Average 

Margin (percent)Brazil 

Netuno Alimentos S.A./ 

Maricultura Netuno 

S.A./ Netuno USA, 

Inc. (collectively, 

Netuno)* .................... 7.94 

Central de 

Industrializacao de 

Distribuicao de 

Alimentos Ltda./Cia. 

Exportadora de 

Produtos do Mar 

(Produmar) ................ 4.97 

Norte Pesca .................. 67.80 

All–Others Rate ............ 7.05 

*Netuno is the successor–in-interest to 

Empresa de 

Armazenagem 

Frigorifica Ltda./ 

Maricultura Netuno 

S.A.India.

Devi Sea Foods Ltd. ..... 4.94 

Hindustan Lever Ltd. .... 15.36 

Nekkanti Seafoods Ltd. 9.71 

All–Others Rate ............ 10.17PRC3

Allied Pacific Group ...... 80.19 

Hilltop International** .... 82.27 

Shantou Red Garden 

Foodstuff Co., Ltd. .... 27.89 

PRC–Wide Rate ........... 112.81 

Separate Rate .............. 53.68 

**Hilltop International is 

the successor–in-interest to Yelin Enterprise Hong 

Kong.Thailand4.

The Union Frozen Products Co., Ltd. ............. 5.34 

All–Others Rate ............ 5.34 

3Zhanjiang Guolian Aquatic Products Co., 

Ltd. was excluded from the antidumping duty 

order because it was found to have a de minimis margin in the less–than-fair–value (LTFV) 

investigation. 

4The LTFV margins for Thailand were 

amended as a result of Implementation of the 

Findings of the WTO Panel in United States– 

Antidumping Measure on Shrimp From Thailand: Notice of Determination Under Section 

129 of the Uruguay Round Agreements Act 

and Partial Revocation of the Antidumping 

Duty Order on Frozen Warmwater Shrimp 

From Thailand, 74 FR 5638, 5639 (January 

30, 2009). The Rubicon Group, comprised of 

Andaman Seafood Co., Ltd., Wales & Co. Universe Limited, Chanthaburi Frozen Food Co., 

Ltd., Chanthaburi Seafoods Co., Ltd., Intersia 

Foods Co., Ltd. (formerly Y2K Frozen Foods 

Co., Ltd.), Phatthana Seafood Co., Ltd., 

Phatthana Frozen Food Co., Ltd., Thailand 

Fishery Cold Storage Public Co., Ltd., Thai 

International Seafood Co., Ltd., S.C.C. Frozen 

Seafood Co., Ltd., Sea Wealth Frozen Food 

Co., Ltd., and Thai I–Mei Frozen Foods Co., 

Ltd. were revoked from the antidumping duty 

order effective January 16, 2009, also as a result of this determination. See also Certain 

Frozen Warmwater Shrimp From Thailand: 

Final Results of Antidumping Duty Changed 

Circumstances Review and Notice of Revocation in Part, 74 FR 52452 (October 13, 2009). 

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders (APO) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing the 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act. 

Dated: May 10, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–11704 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU87 

Marine Mammals; File No. 15126 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

NMFS National Marine Mammal 

Laboratory, (Responsible Party: Dr. John 

Bengtson, Director), Seattle, WA, has 

been issued a permit to conduct 

research on marine mammals. 


emcdonald on DSK2BSOYB1PROD with NOTICES