Notice2024-00396
Certain Frozen Warmwater Shrimp From the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders; Correction
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
January 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In the Federal Register of July 5, 2023, the U.S. Department of Commerce (Commerce) published a notice of continuation 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). This notice contained an incorrect scope of the orders.
Full Text
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<title>Federal Register, Volume 89 Issue 8 (Thursday, January 11, 2024)</title>
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[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1883-1884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00396]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802, A-533-840, A-570-893, A-549-822]
Certain Frozen Warmwater Shrimp From the People's Republic of
China, India, Thailand, and the Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders; Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
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SUMMARY: In the Federal Register of July 5, 2023, the U.S. Department
of Commerce (Commerce) published a notice of continuation 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). This notice contained an
incorrect scope of the orders.
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:
Correction
In the Federal Register of July 5, 2023, in FR Doc 2023-14181, on
page 42915 in the first and second columns, correct the scope of the
orders to state: ``The scope of the orders 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 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, 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).
[[Page 1884]]
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 scope are: (1) breaded shrimp and prawns (HTSUS
subheading 1605.20.1020); (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 0306.23.0020 and 0306.23.0040); (4) shrimp
and prawns in prepared meals (HTSUS subheading 1605.20.0510); (5) dried
shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; \2\ (7) canned
warmwater shrimp and prawns (HTSUS subheading 1605.20.1040); 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 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.
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\2\ The specific exclusion for Lee Kum Kee's shrimp sauce
applies only to the scope of the AD order on certain frozen
warmwater shrimp from China.
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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,
1605.21.10.30, 1605.29.10.10, 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. These HTSUS subheadings are provided for
convenience and for customs purposes only; the written description of
the scope of the orders are dispositive.'' \3\
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\3\ On April 26, 2011, Commerce amended the orders to include
dusted shrimp, pursuant to the Court 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 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 Frozen Warmwater
Shrimp from Brazil, China, India, Thailand, and Vietnam, Inv. Nos.
731-TA1063, 1064, 1066-1068 (Review), USITC Pub. 4221 (March 2011).
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Background
On July 5, 2023, Commerce published in the Federal Register the
continuation of the orders for certain frozen warmwater shrimp from
China, India, Thailand, and Vietnam.\4\ We inadvertently included the
wrong scope of the orders.
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\4\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China, India, Thailand, and the Socialist Republic of
Vietnam: Continuation of Antidumping Duty Orders, 88 FR 42914 (July
5, 2023).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
751(c), 751(d)(2), and 777(i) of the Tariff Act of 1930, as amended,
and 19 CFR 351.218(f)(4).
Dated: January 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00396 Filed 1-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 11, 2024.
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