Notice2021-18368
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Final Results of Antidumping Duty Changed Circumstances Review
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Published
August 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On July 8, 2021, the Department of Commerce (Commerce) published the initiation and preliminary results of a changed circumstances review (CCR) of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam (Vietnam). For these final results, Commerce continues to find that Camimex Group Joint Stock Company is the successor-in-interest (SII) to Camau Frozen Seafood Processing Import Export Corporation, in the context of the AD order on shrimp from Vietnam.
Full Text
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<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47617-47619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18368]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Final Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2021, the Department of Commerce (Commerce)
published the initiation and preliminary results of a changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain frozen warmwater shrimp (shrimp) from the Socialist Republic of
Vietnam (Vietnam). For these final results, Commerce continues to find
that Camimex Group Joint Stock Company is the successor-in-interest
(SII) to Camau Frozen Seafood Processing Import Export Corporation, in
the context of the AD order on shrimp from Vietnam.
DATES: Applicable August 26, 2021.
[[Page 47618]]
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Samuel Glickstein,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905
or (202) 482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2021, Camimex Group Joint Stock Company requested that,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct a CCR
of the Order \1\ to confirm that Camimex Group Joint Stock Company is
the SII to Camau Frozen Seafood Processing Import Export Corporation
and, accordingly, to assign it the cash deposit rate of its
predecessor.\2\ In its request, Camimex Group Joint Stock Company
stated that it undertook a legal name change from Camau Frozen Seafood
Processing Import Export Corporation, but the company is, otherwise,
unchanged.\3\
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\1\ 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) (Order).
\2\ See Camimex Group Joint Stock Company's Letter, ``Request
for Changed Circumstances Review,'' dated June 3, 2021. Camimex
Group Joint Stock Company also requested that Commerce conduct an
expedited initiation and preliminary results of the CCR, pursuant to
19 CFR 351.221(c)(3)(ii).
\3\ Id. at 4-10.
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On July 8, 2021, Commerce initiated a CCR and preliminarily
determined that Camimex Group Joint Stock Company is the SII to Camau
Frozen Seafood Processing Import Export Corporation.\4\ In the CCR
Initiation and Prelim, we provided all interested parties with an
opportunity to comment.\5\ However, we received no comments.
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\4\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 86 FR 36091 (July 8,
2021) (CCR Initiation and Prelim).
\5\ See CCR Initiation and Prelim, 86 FR at 36092.
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Scope of the Order
The merchandise subject to the Order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010,
0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025,
0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042,
1605.21.10.30, and 1605.29.10.10.\6\ Although the HTSUS numbers are
provided for convenience and for customs purposes, the written product
description, provided in the Appendix, remains dispositive.
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\6\ On July 6, 2021, Commerce revised the HTS subheadings within
the scope of the Order based on a request received from U.S. Customs
and Border Protection (CBP). See Memorandum, ``Request from Customs
and Border Protection to Update the ACE AD Case Reference File,''
dated July 6, 2021 (ACCESS Barcode 4139823-01).
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Final Results of Changed Circumstances Review
For the reasons stated in the CCR Initiation and Prelim, Commerce
continues to find that Camimex Group Joint Stock Company is the SII to
Camau Frozen Seafood Processing Import Export Corporation. As a result
of this determination and consistent with established practice, we find
that Camimex Group Joint Stock Company should receive the cash deposit
rate previously assigned to Camau Frozen Seafood Processing Import
Export Corporation. Consequently, we will instruct CBP to suspend
liquidation of all shipments of subject merchandise exported by Camimex
Group Joint Stock Company, and entered or withdrawn from warehouse, for
consumption on or after the publication date of this notice in the
Federal Register at the cash deposit rate in effect for Camau Frozen
Seafood Processing Import Export Corporation. This cash deposit
requirement shall remain in effect until further notice.
Notification to Interested Parties
We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Act, and 19 CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--Scope of the Order
The scope of the order includes certain frozen warmwater shrimp
and prawns, whether wildcaught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\7\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\7\ ``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 (``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, white-leg 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 (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); and (7) certain battered shrimp. Battered 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. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also 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: 0306.17.0004, 0306.17.0005,
0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011,
0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023,
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029,
0306.17.0041, 0306.17.0042, 1605.21.10.30, and 1605.29.10.10. These
HTS subheadings are provided for convenience
[[Page 47619]]
and for customs purposes only and are not dispositive, but rather
the written description of the scope of this order is
dispositive.\8\
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\8\ On April 26, 2011, Commerce amended the order to include
dusted shrimp, pursuant to the U.S. Court of International Trade
(CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International
Trade Commission (USITC) determination, which found the domestic
like product to include dusted shrimp. See Certain Frozen Warmwater
Shrimp from Brazil, India, the People's Republic of China, Thailand,
and the Socialist Republic of Vietnam: Amended Antidumping Duty
Orders in Accordance with Final Court Decision, 76 FR 23277 (April
26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010); and Frozen Warmwater Shrimp
from Brazil, China, India, Thailand, and Vietnam (Investigation Nos.
731-TA-1063, 1064, 1066-1068 (Review), USITC Publication 4221, March
2011.
[FR Doc. 2021-18368 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 26, 2021.
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