81_FR_44405 81 FR 44275 - Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China and Thailand: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders

81 FR 44275 - Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China and Thailand: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 130 (July 7, 2016)

Page Range44275-44277
FR Document2016-16053

As a result of these sunset reviews, the Department of Commerce (the Department) 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.

Federal Register, Volume 81 Issue 130 (Thursday, July 7, 2016)
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44275-44277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16053]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-533-840, A-570-893, A-549-822]


Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China and Thailand: Final Results of the Expedited Second 
Sunset Reviews of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (the Department) 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.

FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations, 
Office II, AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4929.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2016, the Department published the notice of initiation 
of the sunset reviews of the AD Orders \1\ on certain frozen warmwater 
shrimp from Brazil, India, the People's Republic of China (PRC), and 
Thailand, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On March 8, 2016, and March 16, 2016, 
respectively, the Ad Hoc Shrimp Trade Action Committee (AHSTAC 
(petitioner in the underlying investigation)) and the American Shrimp 
Processors Association (ASPA) notified the Department of their intent 
to participate within the 15-day period specified in 19 CFR 
351.218(d)(1)(i).\3\ AHSTAC claimed interested party status under 
section 771(9)(C) of the Act stating that its individual members are 
each producers in the United States of a domestic like product. ASPA 
claimed interested party status under section 771(9)(E) of the Act 
stating that it is a trade association, the majority of whose members 
are producers and/or processors of a

[[Page 44276]]

domestic like product in the United States.
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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 Brazil, 70 FR 5143 (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 the People's Republic of China, 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 Thailand, 70 FR 5145 (February 1, 2005) 
(collectively, Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 10578 
(March 1, 2016) (Notice of Initiation). The Notice of Initiation 
also announced the initiation of the sunset review of the 
antidumping duty order on certain frozen warmwater shrimp from the 
Socialist Republic of Vietnam. However, the results of that sunset 
review will be discussed within a separate Federal Register notice 
in the context of a full sunset review in that case.
    \3\ See AHSTAC March 8, 2016, submission ``Second Sunset Review 
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp 
from Brazil, India, Thailand, the People's Republic of China and the 
Socialist Republic of Vietnam: Entry of Appearance, Notice of Intent 
to Participate in Review and APO Application.'' See also ASPA March 
16, 2016, submissions ``Second Sunset Review of the Antidumping 
Order on Frozen Warmwater Shrimp from Brazil (A-351-838): Notice of 
Intent to Participate of the American Shrimp Processors 
Association,'' ``Second Sunset Review of the Antidumping Order on 
Frozen Warmwater Shrimp from India (A-533-840): Notice of Intent to 
Participate of the American Shrimp Processors Association,'' 
``Second Sunset Review of the Antidumping Order on Frozen Warmwater 
Shrimp from the People's Republic of China (A-570-893): Notice of 
Intent to Participate of the American Shrimp Processors 
Association,'' and ``Second Sunset Review of the Antidumping Order 
on Frozen Warmwater Shrimp from Thailand (A-549-822): Notice of 
Intent to Participate of the American Shrimp Processors 
Association.''
---------------------------------------------------------------------------

    On March 29 and 31, 2016, respectively, the Department received 
complete substantive responses to the Notice of Initiation from AHSTAC 
\4\ and from ASPA \5\ (collectively, domestic interested parties) 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We 
received no substantive responses from respondent interested parties 
with respect to the orders on certain frozen warmwater shrimp from 
Brazil, India, the PRC, or Thailand, nor was a hearing requested. As a 
result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department 
conducted expedited (120-day) sunset reviews of the AD Orders on 
certain frozen warmwater shrimp from Brazil, India, the PRC, and 
Thailand.
---------------------------------------------------------------------------

    \4\ See AHSTAC March 29, 2016, submission ``Second Sunset Review 
of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp 
from Brazil, India, Thailand, the People's Republic of China and the 
Socialist Republic of Vietnam: Substantive Response to Notice of 
Initiation.''
    \5\ See ASPA March 31, 2016, submissions ``Second Sunset Review 
of the Antidumping Order on Frozen Warmwater Shrimp from Brazil (A-
351-838): Substantive Response to Notice of Initiation,'' ``Second 
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp 
from India (A-533-840): Substantive Response to Notice of 
Initiation,'' ``Second Sunset Review of the Antidumping Order on 
Frozen Warmwater Shrimp from the People's Republic of China (A-570-
893): Substantive Response to Notice of Initiation,'' and ``Second 
Sunset Review of the Antidumping Order on Frozen Warmwater Shrimp 
from Thailand (A-549-822): Substantive Response to Notice of 
Initiation.''
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \6\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    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: 0306.13.00.03, 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 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. The Issues and Decision Memorandum, which is hereby 
adopted by this notice, provides a full description of the scope of the 
Orders.\7\
---------------------------------------------------------------------------

    \7\ See the Department's memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Expedited 
Second Sunset Reviews of the Antidumping Duty Orders on Certain 
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of 
China, and Thailand,'' dated concurrently with this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in these reviews is 
provided in the accompanying Issues and Decision Memorandum. The issues 
discussed in the Issues and Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins 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 http://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the AD Orders on certain 
frozen warmwater shrimp from Brazil, India, the PRC, and Thailand would 
be likely to lead to continuation or recurrence of dumping, and that 
the magnitude of the dumping margins likely to prevail would be 
weighted-average margins up to 67.80 percent for Brazil, up to 110.90 
percent for India, up to 112.81 percent for the PRC, and up to 5.34 
percent for Thailand.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the

[[Page 44277]]

return or destruction 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 
orders is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16053 Filed 7-6-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                     Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices                                                      44275

                                                                                                Margin         and/or countervailing duties occurred                Background
                                                     Producer and/or exporter                  (percent)       and the subsequent assessment of                       On March 1, 2016, the Department
                                                                                                               doubled antidumping duties.                          published the notice of initiation of the
                                                Sundwiger Messingwerke GmbH
                                                  & Co. KG .................................           22.61   Administrative Protective Order                      sunset reviews of the AD Orders 1 on
                                                                                                                                                                    certain frozen warmwater shrimp from
                                                                                                                 This notice also serves as a reminder              Brazil, India, the People’s Republic of
                                                Assessment Rates                                               to parties subject to administrative                 China (PRC), and Thailand, pursuant to
                                                  Upon issuance of the final results of                        protective order (APO) of their                      section 751(c) of the Tariff Act of 1930,
                                                this administrative review, the                                responsibility concerning the return or              as amended (the Act).2 On March 8,
                                                Department shall determine, and CBP                            destruction of proprietary information               2016, and March 16, 2016, respectively,
                                                shall assess, antidumping duties on all                        disclosed under APO in accordance                    the Ad Hoc Shrimp Trade Action
                                                appropriate entries, in accordance with                        with 19 CFR 351.305(a)(3), which                     Committee (AHSTAC (petitioner in the
                                                section 751(a)(2)(C) of the Act and 19                         continues to govern business                         underlying investigation)) and the
                                                CFR 351.212. The Department intends                            proprietary information in this segment              American Shrimp Processors
                                                to issue assessment instructions to CBP                        of the proceeding. Timely written                    Association (ASPA) notified the
                                                15 days after publication of the final                         notification of the return/destruction of            Department of their intent to participate
                                                results of this review.                                        APO materials or conversion to judicial              within the 15-day period specified in 19
                                                Cash Deposit Requirements                                      protective order is hereby requested.                CFR 351.218(d)(1)(i).3 AHSTAC claimed
                                                                                                               Failure to comply with the regulations               interested party status under section
                                                  The following cash deposit                                   and terms of an APO is a violation,                  771(9)(C) of the Act stating that its
                                                requirements will be effective upon                            which is subject to sanction.                        individual members are each producers
                                                publication of the notice of final results                       We are issuing and publishing this                 in the United States of a domestic like
                                                of administrative review for all                               notice in accordance with sections                   product. ASPA claimed interested party
                                                shipments of subject merchandise                               751(a)(1) and 777(i)(1) of the Act and 19            status under section 771(9)(E) of the Act
                                                entered, or withdrawn from warehouse,                          CFR 351.213(h).                                      stating that it is a trade association, the
                                                for consumption on or after the                                                                                     majority of whose members are
                                                publication of the final results of this                         Dated: June 28, 2016.
                                                                                                               Paul Piquado,                                        producers and/or processors of a
                                                administrative review, as provided by
                                                section 751(a)(2) of the Act: (1) The cash                     Assistant Secretary for Enforcement and                 1 See Notice of Amended Final Determination of
                                                deposit rate for respondents noted above                       Compliance.
                                                                                                                                                                    Sales at Less Than Fair Value and Antidumping
                                                will be the rate established in the final                      [FR Doc. 2016–16137 Filed 7–6–16; 8:45 am]           Duty Order: Certain Frozen Warmwater Shrimp
                                                results of this administrative review; (2)                     BILLING CODE 3510–DS–P                               from Brazil, 70 FR 5143 (February 1, 2005); Notice
                                                                                                                                                                    of Amended Final Determination of Sales at Less
                                                for merchandise exported by                                                                                         Than Fair Value and Antidumping Duty Order:
                                                manufacturers or exporters not covered                                                                              Certain Frozen Warmwater Shrimp from India, 70
                                                in this administrative review but                              DEPARTMENT OF COMMERCE                               FR 5147 (February 1, 2005); Notice of Amended
                                                covered in a prior segment of the                                                                                   Final Determination of Sales at Less Than Fair
                                                proceeding, the cash deposit rate will                         International Trade Administration                   Value and Antidumping Duty Order: Certain Frozen
                                                                                                                                                                    Warmwater Shrimp From the People’s Republic of
                                                continue to be the company specific rate                                                                            China, 70 FR 5149 (February 1, 2005); and Notice
                                                published for the most recently                                [A–351–838, A–533–840, A–570–893, A–549–             of Amended Final Determination of Sales at Less
                                                completed segment of this proceeding;                          822]                                                 Than Fair Value and Antidumping Duty Order:
                                                                                                                                                                    Certain Frozen Warmwater Shrimp from Thailand,
                                                (3) if the exporter is not a firm covered                                                                           70 FR 5145 (February 1, 2005) (collectively,
                                                in this review, a prior review, or the                         Certain Frozen Warmwater Shrimp
                                                                                                                                                                    Orders).
                                                original investigation, but the                                From Brazil, India, the People’s                        2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81

                                                manufacturer is, the cash deposit rate                         Republic of China and Thailand: Final                FR 10578 (March 1, 2016) (Notice of Initiation). The
                                                will be the rate established for the most                      Results of the Expedited Second                      Notice of Initiation also announced the initiation of
                                                                                                               Sunset Reviews of the Antidumping                    the sunset review of the antidumping duty order on
                                                recently completed segment of this                                                                                  certain frozen warmwater shrimp from the Socialist
                                                proceeding for the manufacturer of the                         Duty Orders                                          Republic of Vietnam. However, the results of that
                                                subject merchandise; and (4) the cash                          AGENCY:  Enforcement and Compliance,                 sunset review will be discussed within a separate
                                                deposit rate for all other manufacturers                                                                            Federal Register notice in the context of a full
                                                                                                               International Trade Administration,                  sunset review in that case.
                                                or exporters will continue to be 7.30                          Commerce.                                               3 See AHSTAC March 8, 2016, submission
                                                percent, the all-others rate determined                        SUMMARY: As a result of these sunset                 ‘‘Second Sunset Review of the Antidumping Duty
                                                in the less than fair value investigation.                     reviews, the Department of Commerce                  Orders on Certain Frozen Warmwater Shrimp from
                                                These cash deposit requirements, when                                                                               Brazil, India, Thailand, the People’s Republic of
                                                                                                               (the Department) finds that revocation               China and the Socialist Republic of Vietnam: Entry
                                                imposed, shall remain in effect until                          of the antidumping duty (AD) orders                  of Appearance, Notice of Intent to Participate in
                                                further notice.                                                would be likely to lead to continuation              Review and APO Application.’’ See also ASPA
                                                                                                                                                                    March 16, 2016, submissions ‘‘Second Sunset
                                                Notification to Importers Regarding the                        or recurrence of dumping at the                      Review of the Antidumping Order on Frozen
                                                Reimbursement of Duties                                        dumping margins identified in the                    Warmwater Shrimp from Brazil (A–351–838):
                                                  This notice also serves as a final                           ‘‘Final Results of Reviews’’ section of              Notice of Intent to Participate of the American
                                                                                                               this notice.                                         Shrimp Processors Association,’’ ‘‘Second Sunset
                                                reminder to importers of their                                                                                      Review of the Antidumping Order on Frozen
                                                responsibility under 19 CFR                                    FOR FURTHER INFORMATION CONTACT: Kate                Warmwater Shrimp from India (A–533–840): Notice
                                                351.402(f)(2) to file a certificate                            Johnson, AD/CVD Operations, Office II,               of Intent to Participate of the American Shrimp
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                               AD/CVD Operations, Enforcement and                   Processors Association,’’ ‘‘Second Sunset Review of
                                                regarding the reimbursement of                                                                                      the Antidumping Order on Frozen Warmwater
                                                antidumping and/or countervailing                              Compliance, International Trade                      Shrimp from the People’s Republic of China (A–
                                                duties prior to liquidation of the                             Administration, U.S. Department of                   570–893): Notice of Intent to Participate of the
                                                relevant entries during the POR. Failure                       Commerce, 14th Street and Constitution               American Shrimp Processors Association,’’ and
                                                                                                               Avenue NW., Washington, DC 20230;                    ‘‘Second Sunset Review of the Antidumping Order
                                                to comply with this requirement could                                                                               on Frozen Warmwater Shrimp from Thailand (A–
                                                result in the Department’s presumption                         telephone: (202) 482–4929.                           549–822): Notice of Intent to Participate of the
                                                that reimbursement of antidumping                              SUPPLEMENTARY INFORMATION:                           American Shrimp Processors Association.’’



                                           VerDate Sep<11>2014      17:23 Jul 06, 2016    Jkt 238001    PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\07JYN1.SGM   07JYN1


                                                44276                            Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices

                                                domestic like product in the United                        merguiensis), fleshy prawn (Penaeus                  convenience and for customs purposes
                                                States.                                                    chinensis), giant river prawn                        only and are not dispositive, but rather
                                                   On March 29 and 31, 2016,                               (Macrobrachium rosenbergii), giant tiger             the written description of the scope of
                                                respectively, the Department received                      prawn (Penaeus monodon), redspotted                  the orders is dispositive. The Issues and
                                                complete substantive responses to the                      shrimp (Penaeus brasiliensis), southern              Decision Memorandum, which is hereby
                                                Notice of Initiation from AHSTAC 4 and                     brown shrimp (Penaeus subtilis),                     adopted by this notice, provides a full
                                                from ASPA 5 (collectively, domestic                        southern pink shrimp (Penaeus                        description of the scope of the Orders.7
                                                interested parties) within the 30-day                      notialis), southern rough shrimp
                                                deadline specified in 19 CFR                                                                                    Analysis of Comments Received
                                                                                                           (Trachypenaeus curvirostris), southern
                                                351.218(d)(3)(i). We received no                           white shrimp (Penaeus schmitti), blue                   A complete discussion of all issues
                                                substantive responses from respondent                      shrimp (Penaeus stylirostris), western               raised in these reviews is provided in
                                                interested parties with respect to the                     white shrimp (Penaeus occidentalis),                 the accompanying Issues and Decision
                                                orders on certain frozen warmwater                         and Indian white prawn (Penaeus                      Memorandum. The issues discussed in
                                                shrimp from Brazil, India, the PRC, or                     indicus).                                            the Issues and Decision Memorandum
                                                Thailand, nor was a hearing requested.                        Frozen shrimp and prawns that are                 include the likelihood of continuation
                                                As a result, pursuant to 19 CFR                            packed with marinade, spices or sauce                or recurrence of dumping and the
                                                351.218(e)(1)(ii)(C)(2), the Department                    are included in the scope of the Orders.             magnitude of the margins likely to
                                                conducted expedited (120-day) sunset                       In addition, food preparations, which                prevail if the Orders were revoked. The
                                                reviews of the AD Orders on certain                        are not ‘‘prepared meals,’’ that contain             Issues and Decision Memorandum is a
                                                frozen warmwater shrimp from Brazil,                       more than 20 percent by weight of                    public document and is on file
                                                India, the PRC, and Thailand.                              shrimp or prawn are also included in                 electronically via Enforcement and
                                                                                                           the scope of the orders.                             Compliance’s Antidumping and
                                                Scope of the Orders                                           Excluded from the Orders are: (1)                 Countervailing Duty Centralized
                                                   The products covered by the Orders                      Breaded shrimp and prawns (HTSUS                     Electronic Service System (ACCESS).
                                                include certain frozen warmwater                           subheading 1605.20.10.20); (2) shrimp                ACCESS is available to registered users
                                                shrimp and prawns whether wild-                            and prawns generally classified in the               at http://access.trade.gov and to all
                                                caught (ocean harvested) or farm-raised                    Pandalidae family and commonly                       parties in the Central Records Unit,
                                                (produced by aquaculture), head-on or                      referred to as coldwater shrimp, in any              room B8024 of the main Department of
                                                head-off, shell-on or peeled, tail-on or                   state of processing; (3) fresh shrimp and            Commerce building. In addition, a
                                                tail-off,6 deveined or not deveined,                       prawns whether shell-on or peeled                    complete version of the Issues and
                                                cooked or raw, or otherwise processed                      (HTSUS subheadings 0306.23.00.20 and                 Decision Memorandum can be accessed
                                                in frozen form.                                            0306.23.00.40); (4) shrimp and prawns                at http://enforcement.trade.gov/frn/.
                                                   The frozen warmwater shrimp and                         in prepared meals (HTSUS subheading                  The signed Issues and Decision
                                                prawn products included in the Orders,                     1605.20.05.10); (5) dried shrimp and                 Memorandum and the electronic
                                                regardless of definitions in the                           prawns; (6) canned warmwater shrimp                  version of the Issues and Decision
                                                Harmonized Tariff Schedule of the                          and prawns (HTSUS subheading                         Memorandum are identical in content.
                                                United States (HTSUS), are products                        1605.20.10.40); (7) certain dusted
                                                which are processed from warmwater                         shrimp; and (8) certain battered shrimp.             Final Results of Reviews
                                                shrimp and prawns through freezing                         Dusted shrimp is a shrimp-based                        Pursuant to sections 751(c)(1) and
                                                and which are sold in any count size.                      product: (1) That is produced from fresh             752(c)(1) and (3) of the Act, the
                                                   The products described above may be                     (or thawed-from-frozen) and peeled                   Department determines that revocation
                                                processed from any species of                              shrimp; (2) to which a ‘‘dusting’’ layer             of the AD Orders on certain frozen
                                                warmwater shrimp and prawns.                               of rice or wheat flour of at least 95                warmwater shrimp from Brazil, India,
                                                Warmwater shrimp and prawns are                            percent purity has been applied; (3)                 the PRC, and Thailand would be likely
                                                generally classified in, but are not                       with the entire surface of the shrimp                to lead to continuation or recurrence of
                                                limited to, the Penaeidae family. Some                     flesh thoroughly and evenly coated with              dumping, and that the magnitude of the
                                                examples of the farmed and wild-caught                     the flour; (4) with the non-shrimp                   dumping margins likely to prevail
                                                warmwater species include, but are not                     content of the end product constituting              would be weighted-average margins up
                                                limited to, whiteleg shrimp (Penaeus                       between four and 10 percent of the                   to 67.80 percent for Brazil, up to 110.90
                                                vannemei), banana prawn (Penaeus                           product’s total weight after being                   percent for India, up to 112.81 percent
                                                                                                           dusted, but prior to being frozen; and (5)           for the PRC, and up to 5.34 percent for
                                                   4 See AHSTAC March 29, 2016, submission
                                                                                                           that is subjected to IQF freezing                    Thailand.
                                                ‘‘Second Sunset Review of the Antidumping Duty             immediately after application of the
                                                Orders on Certain Frozen Warmwater Shrimp from
                                                                                                           dusting layer. Battered shrimp is a                  Notification Regarding Administrative
                                                Brazil, India, Thailand, the People’s Republic of                                                               Protective Orders
                                                China and the Socialist Republic of Vietnam:               shrimp-based product that, when dusted
                                                Substantive Response to Notice of Initiation.’’            in accordance with the definition of                   This notice also serves as the only
                                                   5 See ASPA March 31, 2016, submissions
                                                                                                           dusting above, is coated with a wet                  reminder to parties subject to
                                                ‘‘Second Sunset Review of the Antidumping Order
                                                on Frozen Warmwater Shrimp from Brazil (A–351–
                                                                                                           viscous layer containing egg and/or                  administrative protective orders (APO)
                                                838): Substantive Response to Notice of Initiation,’’      milk, and par-fried.                                 of their responsibility concerning the
                                                ‘‘Second Sunset Review of the Antidumping Order               The products covered by the Orders
                                                on Frozen Warmwater Shrimp from India (A–533–              are currently classified under the                      7 See the Department’s memorandum from
                                                840): Substantive Response to Notice of Initiation,’’      following HTSUS subheadings:                         Christian Marsh, Deputy Assistant Secretary for
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                                                ‘‘Second Sunset Review of the Antidumping Order                                                                 Antidumping and Countervailing Duty Operations,
                                                on Frozen Warmwater Shrimp from the People’s               0306.13.00.03, 0306.13.00.06,                        to Paul Piquado, Assistant Secretary for
                                                Republic of China (A–570–893): Substantive                 0306.13.00.09, 0306.13.00.12,                        Enforcement and Compliance, ‘‘Issues and Decision
                                                Response to Notice of Initiation,’’ and ‘‘Second           0306.13.00.15, 0306.13.00.18,                        Memorandum for the Expedited Second Sunset
                                                Sunset Review of the Antidumping Order on Frozen           0306.13.00.21, 0306.13.00.24,                        Reviews of the Antidumping Duty Orders on
                                                Warmwater Shrimp from Thailand (A–549–822):                                                                     Certain Frozen Warmwater Shrimp from Brazil,
                                                Substantive Response to Notice of Initiation.’’            0306.13.00.27, 0306.13.00.40,                        India, the People’s Republic of China, and
                                                   6 ‘‘Tails’’ in this context means the tail fan, which   1605.20.10.10, and 1605.20.10.30. These              Thailand,’’ dated concurrently with this notice
                                                includes the telson and the uropods.                       HTSUS subheadings are provided for                   (Issues and Decision Memorandum).



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                                                                                Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices                                           44277

                                                return or destruction of proprietary                     Postponement of Preliminary                           DEPARTMENT OF COMMERCE
                                                information disclosed under APO in                       Determinations
                                                accordance with 19 CFR 351.305.                                                                                National Oceanic and Atmospheric
                                                Timely notification of the return or                        Sections 733(c)(1)(B)(i) and (ii) of the           Administration
                                                destruction of APO materials or                          Act permit the Department to postpone
                                                                                                                                                               RIN 0648–XE675
                                                conversion to judicial protective orders                 the time limit for the preliminary
                                                is hereby requested. Failure to comply                   determination if it concludes that the                Takes of Marine Mammals Incidental to
                                                with the regulations and terms of an                     parties concerned are cooperating and                 Specified Activities; Taking Marine
                                                APO is a violation which is subject to                   determines that the case is                           Mammals Incidental to the U.S. Air
                                                sanction.                                                extraordinarily complicated by reason of              Force 86 Fighter Weapons Squadron
                                                   We are issuing and publishing the                     the number and complexity of the                      Conducting Long Range Strike
                                                results and notice in accordance with                    transactions to be investigated or                    Weapon Systems Evaluation Program
                                                sections 751(c), 752(c), and 777(i)(1) of                adjustments to be considered, the                     at the Pacific Missile Range Facility at
                                                the Act.                                                 novelty of the issues presented, or the               Kauai, Hawaii
                                                  Dated: June 28, 2016.                                  number of firms whose activities must
                                                                                                                                                               AGENCY:  National Marine Fisheries
                                                Paul Piquado,                                            be investigated, and additional time is
                                                                                                                                                               Service (NMFS), National Oceanic and
                                                Assistant Secretary for Enforcement and                  necessary to make the preliminary                     Atmospheric Administration (NOAA),
                                                Compliance.                                              determination. Under this section of the              Commerce.
                                                [FR Doc. 2016–16053 Filed 7–6–16; 8:45 am]               Act, the Department may postpone the
                                                                                                                                                               ACTION: Notice; proposed incidental
                                                BILLING CODE 3510–DS–P                                   preliminary determination until no later
                                                                                                                                                               harassment authorization; request for
                                                                                                         than 190 days after the date on which
                                                                                                                                                               comments.
                                                                                                         the Department initiated the
                                                DEPARTMENT OF COMMERCE                                   investigation.                                        SUMMARY:    NMFS (hereinafter, ‘‘we’’ or
                                                                                                            The Department determines that the                 ‘‘our’’) received an application from the
                                                International Trade Administration                                                                             U.S. Department of the Air Force, 86
                                                                                                         parties involved in this investigation are
                                                                                                         cooperating, and that the investigation               Fighter Weapons Squadron (86 FWS),
                                                [A–570–042]                                                                                                    requesting an Incidental Harassment
                                                                                                         is extraordinarily complicated.
                                                                                                         Additional time is required to analyze                Authorization (IHA) to take marine
                                                Stainless Steel Sheet and Strip From                                                                           mammals, by harassment, incidental to
                                                the People’s Republic of China:                          the questionnaire responses and issue
                                                                                                                                                               a Long Range Strike Weapon Systems
                                                Postponement of Preliminary                              any appropriate requests for
                                                                                                                                                               Evaluation Program (LRS WSEP) in the
                                                Determination of Antidumping Duty                        clarification and additional information.
                                                                                                                                                               Barking Sands Underwater Range
                                                Investigation                                               Therefore, in accordance with section              Extension (BSURE) area of the Pacific
                                                AGENCY:  Enforcement and Compliance,                     733(c)(1)(B) of the Act and 19 CFR                    Missile Range Facility (PMRF) at Kauai,
                                                International Trade Administration,                      351.205(f)(1), the Department is                      Hawaii. 86 FWS’s activities are military
                                                Department of Commerce.                                  postponing the time period for the                    readiness activities per the Marine
                                                                                                         preliminary determination of this                     Mammal Protection Act (MMPA), as
                                                DATES:   Effective Date: July 7, 2016.                   investigation by 50 days, to September                amended by the National Defense
                                                FOR FURTHER INFORMATION CONTACT:   Toni                  9, 2016. Pursuant to section 735(a)(1) of             Authorization Act (NDAA) for Fiscal
                                                Page at (202) 482–1398 or Lingjun Wang                   the Act and 19 CFR 351.210(b)(1), the                 Year 2004. Pursuant to the MMPA,
                                                at (202) 482–2316, AD/CVD Operations,                    deadline for the final determination will             NMFS requests comments on its
                                                Enforcement and Compliance, U.S.                         continue to be 75 days after the date of              proposal to issue an IHA to 86 FWS to
                                                Department of Commerce, 14th Street                      the preliminary determination, unless                 incidentally take, by Level A and Level
                                                and Constitution Avenue NW.,                             postponed at a later date.                            B harassment, two species of marine
                                                Washington, DC 20230.                                                                                          mammals, the dwarf sperm whale
                                                                                                            This notice is issued and published                (Kogia sima) and pygmy sperm whale
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         pursuant to section 733(c)(2) of the Act              (Kogia breviceps) during the specified
                                                Background                                               and 19 CFR 351.205(f)(1).                             activity.
                                                   On March 3, 2016, the Department of                     Dated: June 30, 2016.                               DATES:  NMFS must receive comments
                                                Commerce (Department) initiated an                       Ronald K. Lorentzen,                                  and information no later than August 8,
                                                antidumping duty (AD) investigation of                   Acting Assistant Secretary for Enforcement            2016.
                                                imports of stainless steel sheet and strip               and Compliance.                                       ADDRESSES: Comments on the
                                                from the People’s Republic of China.1                    [FR Doc. 2016–16134 Filed 7–6–16; 8:45 am]            application should be addressed to Jolie
                                                The notice of initiation stated that, in
                                                                                                         BILLING CODE 3510–DS–P                                Harrison, Chief, Permits and
                                                accordance with section 733(b)(1)(A) of
                                                                                                                                                               Conservation Division, Office of
                                                the Tariff Act of 1930, as amended (the
                                                                                                                                                               Protected Resources, National Marine
                                                Act), and 19 CFR 351.205(b)(1), we
                                                                                                                                                               Fisheries Service, 1315 East-West
                                                would issue our preliminary
                                                                                                                                                               Highway, Silver Spring, MD 20910. The
                                                determination no later than 140 days
                                                                                                                                                               email address for providing email
                                                after the date of initiation, unless
                                                                                                                                                               comments is ITP.McCue@noaa.gov.
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                                                postponed. Currently, the preliminary
                                                                                                                                                               Please include 0648–XE675 in the
                                                determination is due no later than July
                                                                                                                                                               subject line. Comments sent via email,
                                                21, 2016.
                                                                                                                                                               including all attachments, must not
                                                  1 See Stainless Steel Sheet and Strip From the
                                                                                                                                                               exceed a 25-megabyte file size. NMFS is
                                                People’s Republic of China: Initiation of Less Than
                                                                                                                                                               not responsible for comments sent to
                                                Fair Value Investigations, 81 FR 12711 (March 10,                                                              addresses other than the one provided
                                                2016).                                                                                                         in this notice.


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Document Created: 2018-02-08 07:54:41
Document Modified: 2018-02-08 07:54:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactKate Johnson, AD/CVD Operations, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4929.
FR Citation81 FR 44275 

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