[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24796-24798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12152]


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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 the Second New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review of BIM Seafood Joint Stock Company (``BIM Seafood'') 
and the antidumping duty order on certain frozen warmwater shrimp from 
the Socialist Republic of Vietnam (``Vietnam''). 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) (``Shrimp Order.'') We 
preliminarily found that BIM Seafood did not sell subject merchandise 
at less than normal value (``NV'') and thus assigned a zero margin for 
the period of review (``POR''), February 1, 2007, through January 31, 
2008. See Certain Frozen

[[Page 24797]]

Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary 
Results of the Second New Shipper Review, 74 FR 4924 (January 28, 2009) 
(``Preliminary Results''). Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results. The final margin is listed below in the section 
entitled, ``Final Results of the Review.''

EFFECTIVE DATE: May 26, 2009.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION: 

Case History

    On January 28, 2009, the Department published in the Federal 
Register the preliminary results of this second new shipper review. On 
February 27, 2009, BIM Seafood filed comments regarding the 
Department's Preliminary Results. On March 20, 2009, the Department 
issued a revised margin analysis memorandum to the file. See Memorandum 
to the File, from Emeka Chukwudebe, Case Analyst, Office 9, Import 
Administration, through Alex Villanueva, Program Manager, Office 9, 
regarding ``New Shipper Review of Certain Frozen Warmwater Shrimp from 
the Socialist Republic of Vietnam'' dated March 20, 2009 (``Revised 
Margin Analysis Memo''). We gave BIM Seafood an opportunity to comment 
on the Revised Margin Analysis Memo. On March 30, 2009, BIM Seafood 
filed comments regarding the Department's Revised Margin Analysis Memo. 
No other party filed comments and no party requested a public hearing. 
On April 15, 2009, the Department extended the time limit for the 
completion of the final results of this new shipper review by 60 days. 
See Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Extension of Time Limit for Final Results of the Second New 
Shipper Review, 74 FR 17453 (April 15, 2009).

Scope of the Order

    The scope of the order includes 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,\1\ deveined or not deveined, cooked or raw, or otherwise 
processed in frozen form.
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    \1\ ``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 the order, 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 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 the order.
    Excluded from the scope are: 1) breaded shrimp and prawns (HTSUS 
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 (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 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 the order 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 order is 
dispositive.

Analysis of Comments Received

    All issues raised in the comments by BIM Seafood are addressed in 
the concurrent Issues and Decision Memorandum (``Issues and Decision 
Memo''), which is hereby adopted by this notice. A list of the issues 
which BIM Seafood raised and to which we respond in the Issues and 
Decision Memo is attached to this notice as an Appendix. The Issues and 
Decision Memo is a public document and is on file in the Central 
Records Unit (``CRU''), Main Commerce Building, Room 1117, and is 
accessible on the Web at http://www.trade.gov/ia. The paper copy and 
electronic version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of information and comments received 
regarding our Preliminary Results and Revised Margin Analysis Memo, we 
have made revisions to the margin calculations for BIM Seafood. For all 
changes to the calculations, see the Issues and Decision Memo at 
Comment 1 and 2.

Final Results of the Review

    The Department has determined that the final dumping margin for the 
POR is:

              Certain Frozen Warmwater Shrimp from Vietnam
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
BIM Seafood.........................................                0.00
------------------------------------------------------------------------


[[Page 24798]]

Assessment Rates

    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. 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.

Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of the new shipper review for all 
shipments of subject merchandise by BIM Seafood, entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(``Act''): (1) for subject merchandise produced and exported by BIM 
Seafood, the cash deposit rate will be zero; (2) for subject 
merchandise exported by BIM Seafood, but not manufactured by BIM 
Seafood, the cash deposit rate will continue to be the Vietnam-wide 
rate of 25.76 percent; and (3) for subject merchandise manufactured by 
BIM Seafood, but exported by any party other than BIM Seafood, the cash 
deposit rate will be the rate applicable to the exporter. These cash 
deposit requirements will 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) 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 Orders

    This notice also serves as a 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, 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 which is subject to sanction.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 
351.221(b)(5).

    Dated: May 18, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix - Issues and Decision Memorandum

Comment 1: International Freight
Comment 2: Raw Shrimp Count-Size Conversion
[FR Doc. E9-12152 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-DS-S