31698 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

1See STAPIMEX JSC’s submission to the 

Department regarding Certain Frozen Warmwater 

Shrimp from Vietnam: Request for Changed 

Circumstances Review, January 26, 2009 

(‘‘STAPIMEX JSC’s CCR Request’’). 

2See UTXI Corp.’s submission to the Department 

regarding Certain Frozen Warmwater Shrimp from 

Vietnam: Request for Changed Circumstances 

Review, January 27, 2009 (‘‘UTXI Corp.’s CCR 

Request’’). 

3See Cadovimex-Vietnam’s submission to the 

Department regarding Certain Frozen Warmwater 

Shrimp from Vietnam: Request for Changed 

Circumstances Review, February 4, 2009 

(‘‘Cadovimex-Vietnam’s CCR Request’’). 

4See Thuan Phuoc JSC’s submission to the 

Department regarding Certain Frozen Warmwater 

Shrimp from Vietnam: Request for Changed 

Circumstances Review, February 5, 2009 (‘‘Thuan 

Phuoc JSC’s CCR Request’’). 

5See Bac Lieu JSC’s submission to the 

Department regarding Certain Frozen Warmwater 

Shrimp from Vietnam: Request for Changed 

Circumstances Review, February 6, 2009 (‘‘Bac Lieu 

JSC’s CCR Request’’). 

6See CATACO’s submission to the Department 

regarding Certain Frozen Warmwater Shrimp from 

Vietnam: Request for Changed Circumstances 

Review, March 14, 2009 (‘‘CATACO’s CCR 

Request’’). 

Dated: June 26, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–15707 Filed 7–1–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Frozen Warmwater Shrimp From 

Vietnam: Notice of Preliminary Results 

of Antidumping Duty Changed 

Circumstances Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 18, 2009, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register a notice of initiation of changed 

circumstances reviews of the 

antidumping duty order on frozen 

warmwater shrimp from Vietnam in 

order to determine whether five 

companies, Bac Lieu Fisheries Joint 

Stock Company (‘‘Bac Lieu JSC’’), 

Cadovimex Seafood Import-Export and 

Processing Joint Stock Company 

(‘‘Cadovimex Vietnam’’), Soc Trang 

Seafood Joint Stock Company 

(‘‘STAPIMEX JSC’’), Thuan Phuoc 

Seafoods and Trading Corporation 

(‘‘Thuan Phuoc JSC’’), and UTXI 

Aquatic Products Processing 

Corporation (‘‘UTXI Corp.’’) 

(collectively, ‘‘Five CCR Companies’’) 

are successors-in-interest, respectively, 

to Bac Lieu Fisheries Company Limited 

(‘‘Bac Lieu Limited’’), Cai Doi Vam 

Seafood Import-Export Company 

(‘‘Cadovimex’’), Soc Trang Aquatic 

Products and General Import Export 

Company (‘‘STAPIMEX’’), Thuan Phuoc 

Seafoods and Trading Corporation 

(‘‘Thuan Phuoc SOE’’), and UTXI 

Aquatic Products Processing Company 

(‘‘UTXI’’) (collectively, ‘‘Five Original 

Companies’’) for purposes of 

determining antidumping duty liability. 

Similarly, on April 14, 2009, the 

Department published in the Federal 

Register a notice of initiation of changed 

circumstances review of the 

antidumping order in order to 

determine whether Can Tho Import 

Export Fishery Limited Company 

(‘‘CAFISH’’) is the successor-in-interest 

to Can Tho Agricultural and Animal 

Products Import Export Company 

(‘‘CATACO’’). We have preliminarily 

determined that Bac Lieu JSC, 

Cadovimex Vietnam, STAPIMEX JSC, 

Thuan Phuoc JSC, and UTXI Corp. are 

the successors-in-interest to the 

respective Five Original Companies for 

purposes of determining antidumping 

duty liability. However, we have 

preliminarily determined that CAFISH 

is not the successor-in-interest to 

CATACO for purposes of determining 

antidumping duty liability. Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Effective Date: July 2, 2009. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang or Scot T. Fullerton, 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 or 202–482–1386, 

respectively. 

Background 

The Department published in the 

Federal Register the antidumping duty 

order for frozen warmwater shrimp from 

Vietnam on February 1, 2005. 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, 5154–55 (February 1, 2005) 

(‘‘Order’’). As part of the Order, all six 

companies, Bac Lieu Limited, 

Cadovimex, STAPIMEX, Thuan Phuoc 

SOE, UTXI, and CATACO received a 

separate antidumping duty cash deposit 

rate of 4.57 percent. Id. 

On January 26, 2009, STAPIMEX JSC, 

and on January 27, 2009, UTXI Corp., 

filed submissions requesting that the 

Department conduct changed 

circumstances reviews of the 

antidumping duty order on frozen 

warmwater shrimp from Vietnam 

claiming, respectively, that STAPIMEX 

JSC is the successor-in-interest to 

STAPIMEX,1 and that UTXI Corp. is the 

successor-in-interest to UTXI,2 in 

accordance with section 751(b) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’) and 19 CRF 351.216. Then on 

February 4, 2009, Cadovimex-Vietnam, 

on February 5, 2009, Thuan Phuoc JSC, 

and on February 6, 2009, Bac Lieu JSC, 

filed submissions requesting that the 

Department conduct changed 

circumstances reviews of the 

antidumping duty order claiming, 

respectively, that Cadovimex-Vietnam is 

the successor-in-interest to Cadovimex,3

that Thuan Phuoc JSC is the successorin-interest to Thuan Phuoc SOE,4 and 

that Bac Lieu JSC is the successor-ininterest to Bac Lieu Limited.5 In their 

submissions, the Five CCR Companies 

provided information regarding the 

events leading to each company’s 

transition from the Five Original 

Companies. Specifically, CadovimexVietnam, STAPIMEX JSC, and Thuan 

Phuoc JSC provided documentation 

relating to their change from Stateowned enterprises (‘‘SOEs’’) to joint 

stock companies (‘‘JSCs’’), while Bac 

Lieu JSC and UTXI Corp. provided 

documentation relating to their change 

from limited liability companies 

(‘‘LLCs’’) to JSCs. In addition, all five 

companies provided documentation 

relating to their ownership structures 

and management, production facilities, 

supplier relationships, and customer 

bases, among other things. In response 

to these requests, the Department 

initiated changed circumstances reviews 

of the Five CCR Companies on March 

18, 2009. See Certain Frozen 

Warmwater Shrimp from Socialist 

Republic of Vietnam: Initiation of 

Changed Circumstances Reviews, 74 FR 

11527 (March 18, 2009) (‘‘Initiation 

Notice’’). 

On March 13, 2009, CATACO filed a 

submission requesting that the 

Department conduct a changed 

circumstances review of the 

antidumping duty order claiming that 

CAFISH is the successor-in-interest to 

CATACO’s shrimp processing 

operation.6 In its submission, CATACO 

provided information regarding the 

formation of its seafood factory as a 

separate JSC, Cantho Import-Export 

Seafood Joint Stocks Company 

(‘‘CASEAMEX’’). CATACO provided 

additional information regarding the 

subsequent further separation of 

CASEAMEX’s shrimp processing 

operation which formed a joint venture 

with an unaffiliated shrimp processing 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31699 

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

includes the telson and the uropods. 

company that transferred that 

company’s shrimp operation to the joint 

factory, which is named CAFISH. In 

addition, CATACO provided 

documentation relating to, among other 

things, CAFISH’s ownership structure 

and management, production facilities, 

supplier relationships, and customer 

bases. In response to CATACO’s request, 

the Department initiated a changed 

circumstances review on April 14, 2009. 

See Certain Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: 

Initiation of Changed Circumstances 

Review, 74 FR 17156 (April 14, 2009) 

(‘‘CATACO Initiation Notice’’). 

Scope of 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, shellon or peeled, tail-on or tail-off,7

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 investigation, 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 

investigation. 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 

investigation. 

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); (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 this 

investigation 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 investigation is dispositive. 

Preliminary Results of the Reviews 

In making a successor-in-interest 

determination, the Department 

examines several factors including but 

not limited to changes in the following: 

(1) Management; (2) production 

facilities; (3) supplier relationships; and 

(4) customer base. See, e.g., Notice of 

Final Results of Changed Circumstances 

Antidumping Duty Administrative 

Review: Polychloroprene Rubber From 

Japan, 67 FR 58 (January 2, 2002), and 

Brass Sheet and Strip from Canada: 

Final Results of Antidumping Duty 

Administrative Review, 57 FR 20460, 

20461 (May 13, 1992). While no single 

factor or combination of factors will 

necessarily provide a dispositive 

indication of a successor-in-interest 

relationship, generally the Department 

will consider the new company to be 

the successor to the previous company 

if the new company’s resulting 

operation is not materially dissimilar to 

that of its predecessor. See, e.g., Fresh 

and Chilled Atlantic Salmon from 

Norway; Final Results of Changed 

Circumstances Antidumping Duty 

Administrative Review, 64 FR 9979 

(March 1, 1999), and Industrial 

Phosphoric Acid from Israel; Final 

Results of Changed Circumstances 

Review, 59 FR 6944, 6945 (February 14, 

1994). Thus, if the record evidence 

demonstrates that, with respect to the 

production and sale of the subject 

merchandise, the new company 

operates as the same business entity as 

the predecessor company, the 

Department may assign the new 

company the cash-deposit rate of its 

predecessor. 

In accordance with 19 CRF 

351.221(c)(3)(i), we preliminarily 

determine that Bac Lieu JSC, 

Cadovimex-Vietnam, STAPIMEX JSC, 

Thuan Phuoc JSC, and UTXI Corp. are 

the respective successors-in-interest to 

the Five Original Companies. In their 

respective submissions, each of the Five 

CCR Companies provided evidence 

supporting their claim to be the 

successor-in-interest to the Five Original 

Companies. Documentation attached to 

their submissions shows that the 

changes in corporation type from either 

SOE or LLC to JSC resulted in little or 

no change in management, production 

facilities, supplier relationships, or 

customer base. See the proprietary 

version of the Memorandum to File 

from Jerry Huang, International Trade 

Compliance Analyst AD/CVD Office 9, 

Through Scot T. Fullerton, Program 

Manager, AD/CVD Office 9, Analysis 

Memo for Preliminary Determination of 

Antidumping Duty Changed 

Circumstances Review: Frozen 

Warmwater Shrimp from Vietnam 

(‘‘Analysis Memo’’), pp 3–7, June 25, 

2009, for further detail. If the above 

preliminary results are affirmed in the 

Department’s final results, the cash 

deposit rates most recently calculated 

for the Five Original Companies will 

apply to all entries of subject 

merchandise made by the Five CCR 

Companies, entered or withdrawn from 

warehouse, for consumption on or after 

the date of publication of the final 

results of this changed circumstances 

31700 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

review. See, e.g., Granular 

Polytetrafluoroethylene Resin from Italy: 

Final Results of Changed Circumstances 

Review, 68 FR 25327 (May 12, 2003). 

These cash deposit rates, if imposed, 

shall remain in effect until further 

notice. 

Also in accordance with 19 CRF 

351.221(c)(3)(i), we preliminarily 

determine that CAFISH is not the 

successor-in-interest to CATACO. In its 

March 13, 2009, submission, the 

information and evidence CATACO 

provided do not support the claim that 

CAFISH is the successor-in-interest to 

CATACO’s shrimp factory. The 

documentation attached to CATACO’s 

submission shows significant changes in 

all key categories that the Department 

considers in successor-in-interest 

determinations. That is, in terms of 

management, production facilities, 

supplier relationships, and customer 

base, the documentation shows that 

CAFISH is materially dissimilar from 

CATACO’s shrimp factory. In addition, 

CAFISH continues to conduct its sales 

to the United States through CATACO, 

thus CATACO remains an active 

exporter of the subject merchandise. See 

Analysis Memo, pp. 6–7. Thus we 

preliminarily find that CAFISH should 

not receive CATACO’s current separate 

rate and that the cash deposit rate for 

the subject merchandise exported and 

manufactured by CAFISH should 

continue to be the current Vietnam-wide 

rate. 

Public Comment 

Any interested party may request a 

hearing within 10 days of publication of 

this notice in accordance with 19 CFR 

351.310(c). Interested parties may 

submit case briefs no later than 14 days 

after the date of publication of this 

notice, in accordance with 19 CFR 

351.309(c)(1)(ii). Rebuttal briefs, limited 

to issues raised in the case briefs, may 

be filed no later than 5 days after the 

case briefs, in accordance with 19 CFR 

351.309(d)(1). Any hearing, if requested, 

will normally be held two days after 

rebuttal briefs are due, in accordance 

with 19 CFR 351.310(d)(1). The 

Department will issue its final results of 

review within 270 days after the date on 

which the changed circumstances 

review was initiated, or within 45 days 

if all parties to the proceeding agree to 

the outcome of the review, in 

accordance with 19 CFR 351.216(e), and 

will publish these results in the Federal 

Register. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216 of 

the Department’s regulations. 

Dated: June 25, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–15702 Filed 7–1–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ08 

Chinook Salmon Bycatch Data 

Collection Program 

AGENCY: Alaska Fishery Science Center 

(AFSC), National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public workshop. 

SUMMARY: NMFS announces a workshop 

to solicit comments from the Bering Sea 

Pollock fishing industry and other 

interested persons/parties on draft 

reporting forms for a proposed Chinook 

salmon bycatch data collection program. 

DATES: The workshop will be held on 

Thursday, July 16, 2009, from 8 a.m. to 

5 p.m., Pacific standard time. 

ADDRESSES: The workshop will be held 

at the Nordby Conference Room at 

Fishermen’s Terminal, Seattle, WA 

98119. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Brian Garber-Yonts, AFSC, 206–526– 

6301. 

SUPPLEMENTARY INFORMATION: NMFS is 

hosting a public workshop to solicit 

comment on a data collection program 

under consideration by the North 

Pacific Fishery Management Council 

(Council). The program would collect 

data from the Bering Sea Pollock 

industry to evaluate the effectiveness of 

voluntary industry incentive programs 

to reduce Chinook salmon bycatch, as 

well as how the Council’s proposed 

Chinook salmon bycatch limits and 

bycatch performance standards affect 

where, when, and how pollock fishing 

and salmon bycatch occur. 

The workshop is an initial 

information-gathering step intended to 

ensure that the data collection program 

collects consistent and accurate 

information. A draft of each data 

collection form will be posted on the 

Alaska Region website (http:// 

www.alaskafisheries.noaa.gov) at least 

one week in advance of the workshop. 

NMFS especially invites people from 

industry with management, accounting, 

and fishing backgrounds (especially 

fishing location decision making), who 

are familiar with: 

• Salmon and pollock transfers 

(including prices); 

• Cost and revenue information and 

the way that is kept (including fuel costs 

of changing fishing location and roe 

prices, revenues, and quality); and 

• Decisions to move a vessel and the 

costs associated with moving a vessel. 

Special Accommodations 

This workshop is physically 

accessible to people with disabilities. 

Requests for special accommodations 

should be directed to Brian GarberYonts (see FOR FURTHER INFORMATION

CONTACT) at least 5 working days before 

the workshop date. 

Dated: June 29, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–15679 Filed 7–1–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–950] 

Wire Decking From the People’s 

Republic of China: Initiation of 

Countervailing Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: July 2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Room 4014, Washington, DC 20230; 

telephone: (202) 482–2209. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On June 5, 2009, the Department of 

Commerce (‘‘Department’’) received a 

petition filed in proper form by AWP 

Industries, Inc., ITC Manufacturing, 

Inc., J&L Wire Cloth, Inc., Nashville 

Wire Products Mfg., Co., Inc., and 

Wireway Husky Corporation 

(collectively, ‘‘Petitioners’’), domestic 

producers of wire decking. On June 11, 

2009, and June 12, 2009, the Department 

issued requests for additional 

information and clarification of certain 

general areas of the Petition. Based on 

the Department’s request, Petitioners 

filed supplements to the Petition on 

June 16, 2009, and June 17, 2009, 

(respectively, ‘‘Supplement to the