Notice2023-14181
Certain Frozen Warmwater Shrimp From the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Continuation 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
July 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on certain frozen warmwater shrimp from the People's Republic of China (China), India, Thailand, and the Socialist Republic of Vietnam (Vietnam) would likely lead to the continuation or recurrence of dumping, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 127 (Wednesday, July 5, 2023)</title>
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[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42914-42915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14181]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893, A-549-822, A-533-840, A-552-802]
Certain Frozen Warmwater Shrimp From the People's Republic of
China, India, Thailand, and the Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on certain frozen
warmwater shrimp from the People's Republic of China (China), India,
Thailand, and the Socialist Republic of Vietnam (Vietnam) would likely
lead to the continuation or recurrence of dumping, and material injury
to an industry in the United States, Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office
II, 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 February 1, 2005, Commerce published in the Federal Register the
AD orders on certain frozen warmwater shrimp from China, India,
Thailand, and Vietnam.\1\ On May 2, 2022, the ITC instituted,\2\ and
Commerce initiated,\3\ the third sunset review of the Orders, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to the continuation or recurrence of dumping
and, therefore, notified the ITC of the magnitude of the margins of
dumping likely to prevail should the Orders be revoked.\4\
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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 Frozen Warmwater Shrimp from China, India, Thailand, and
Vietnam; Institution of Five-Year Reviews, 87 FR 25665 (May 2,
2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617
(May 2, 2022).
\4\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China, India, Thailand, and the Socialist Republic of
Vietnam: Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Orders, 87 FR 54453 (September 6, 2022), and
accompanying Issues and Decision Memorandum.
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On June 26, 2023, the ITC published its determination, pursuant to
sections
[[Page 42915]]
751(c) and 752(a) of the Act, that revocation of the Orders would
likely lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\5\
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\5\ See Frozen Warmwater Shrimp from China, India, Thailand, and
Vietnam; Determination, 88 FR 41417 (June 26 2023) (ITC Final
Determination).
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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,\6\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\6\ ``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) 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: 0306.17.00.03, 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,
1605.20.10.10, 1605.20.10.30, 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, and 0306.17.0042. 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be June
26, 2023.\7\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the Commission.
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\7\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
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 violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: June 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-14181 Filed 7-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 5, 2023.
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