Notice2022-19125
Certain Frozen Warmwater Shrimp From the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Final Results of Expedited Third Sunset Review of Antidumping Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the "Final Results of Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54453-54455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893, A-533-840, A-549-822, A-552-802]
Certain Frozen Warmwater Shrimp From the People's Republic of
China, India, Thailand, and the Socialist Republic of Vietnam: Final
Results of Expedited Third Sunset Review of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset reviews, the U.S. Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
orders would be likely to lead to continuation or recurrence of dumping
at the dumping margins identified in the ``Final Results of Reviews''
section of this notice.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2022, Commerce published the notice of initiation of the
third sunset review of the AD orders on certain frozen warmwater shrimp
from the People's Republic of China (China), India, Thailand, and the
Socialist Republic of Vietnam (Vietnam) \1\ pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act).\2\
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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 People's Republic of China, 70 FR 5149 (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 Thailand, 70 FR
5145 (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 the Socialist Republic of Vietnam, 70
FR 5152 (February 1, 2005) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617
(May 2, 2022) (Notice of Initiation).
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In May 2022, the Ad Hoc Shrimp Trade Action Committee (AHSTAC) and
the American Shrimp Processors Association (ASPA) (collectively, the
domestic interested parties) notified Commerce of their intent to
participate within the 15-day period specified in 19 CFR 351.218(d)(1).
The domestic interested parties claimed interested party status under
sections 771(9)(C) and (E) of the Act as producers of domestic like
product and a trade association, the majority of whose members are
producers and/or processors of a domestic like product, in the United
States, respectively.
On May 27 and June 2, 2022, Commerce received complete substantive
responses to the Notice of Initiation with respect to the Orders from
the domestic interested parties within the 30-day period specified in
19 CFR 351.218(d)(3)(i).\3\ Commerce
[[Page 54454]]
received no substantive responses from respondent interested parties.
As a result, pursuant to section 751(c)(3)(8) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset
reviews of the Orders.
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\3\ See AHSTAC's Letters, ``Third Sunset Review of the
Antidumping Duty Order on Frozen Warmwater Shrimp from the People's
Republic of China: Substantive Response to Notice of Initiation'';
``Third Sunset Review of the Antidumping Duty Order on Certain
Frozen Warmwater Shrimp from India: Substantive Response to Notice
of Initiation''; ``Third Sunset Review of the Antidumping Duty Order
on Certain Frozen Warmwater Shrimp from Thailand: Substantive
Response to Notice of Initiation''; and ``Third Sunset Review of the
Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Substantive Response to Notice of
Initiation,'' each dated May 27, 2022; see also ASPA's Letters,
``Third Five-Year (`Sunset') Review of Antidumping Order on Frozen
Warmwater Shrimp from China: ASPA's Substantive Response to Notice
of Initiation''; ``Third Five-Year (`Sunset') Review of Antidumping
Duty Order on Frozen Warmwater Shrimp from India: ASPA's Substantive
Response to Notice of Initiation''; ``Third Five-Year (`Sunset')
Review of Antidumping Order on Frozen Warmwater Shrimp from
Thailand: ASPA's Substantive Response to Notice of Initiation''; and
``Third Five-Year Review of the Antidumping Duty Order on Frozen
Warmwater Shrimp from Vietnam: ASPA's Substantive Response to Notice
of Initiation,'' each dated June 2, 2022.
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Scope of the Orders
The scope of the Orders is certain frozen warmwater shrimp from
China, India, Thailand, and Vietnam. For a complete description of the
scope of the Orders, see the appendix to this notice.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum.\4\ The
issues discussed in the Issues and Decision Memorandum include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margins of dumping likely to prevail if the Orders were revoked.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Expedited Third Sunset Reviews of the Antidumping
Duty Order on Certain Frozen Warmwater Shrimp from the People's
Republic of China, India, Thailand, and the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice.
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Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
a continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins up
to 112.81 percent for China, up to 110.90 percent for India, up to 5.34
percent for Thailand, and up to 25.76 percent for Vietnam.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order 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 order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.
Dated: August 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--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,\5\ deveined or not
deveined, cooked or raw, or otherwise processed in frozen form.
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\5\ ``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
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 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) Lee Kum
Kee's shrimp sauce; \6\ (7) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); and (8) 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 ten
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. 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.
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\6\ The specific exclusion for Lee Kum Kee's shrimp sauce
applies only to the scope of the China Order.
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On February 1, 2005, Commerce excluded canned warmwater shrimp
and prawns from the scope of the Orders pertaining to India, China,
Thailand, and Vietnam to reflect the International Trade
Commission's (ITC's) determination that a domestic industry in the
United States was not materially injured or threatened with material
injury by reason of imports of canned warmwater shrimp and prawns
from India, China, Thailand, or Vietnam.\7\
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\7\ See 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); Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 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 the Socialist Republic of Vietnam, 70
FR 5149 (February 1, 2005).
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On January 23, 2007, Commerce issued amended Orders clarifying
that only frozen warmwater shrimp and prawns are subject to the
Orders.\8\ On July 1, 2009, Commerce filed the Final Results of
Redetermination Pursuant to Court Remand with the Court of
International Trade in which Commerce determined that ``dusted''
shrimp is included within the scope of the investigations.\9\
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\8\ See Certain Frozen Warmwater Shrimp from Brazil, Ecuador,
India, Thailand, the People's Republic of China and the Socialist
Republic of Vietnam; Amended Orders, 72 FR 2857 (January 23, 2007).
\9\ See Ad Hoc Shrimp Trade Action Committee, et. al v. United
States Court No. 05-00192 Slip Op. 09-60 (CIT July 1, 2009).
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[[Page 54455]]
The products covered by these Orders are currently classified
under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. 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
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these Orders is dispositive.
[FR Doc. 2022-19125 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 6, 2022.
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