82_FR_25346 82 FR 25242 - Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders (India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam) and Revocation of Antidumping Duty Order (Brazil)

82 FR 25242 - Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders (India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam) and Revocation of Antidumping Duty Order (Brazil)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25242-25244
FR Document2017-11323

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping (AD) duty orders on certain frozen warmwater shrimp (shrimp) from India, the People's Republic of China (the PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders. In addition, as a result of the ITC's determination that revocation of the AD duty order on shrimp from Brazil is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department is revoking the AD order on shrimp from Brazil.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25242-25244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11323]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-533-840, A-570-893, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From Brazil, India, the People's 
Republic of China, Thailand, and the Socialist Republic of Vietnam: 
Continuation of Antidumping Duty Orders (India, the People's Republic 
of China, Thailand, and the Socialist Republic of Vietnam) and 
Revocation of Antidumping Duty Order (Brazil)

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping (AD) duty orders on certain frozen 
warmwater shrimp (shrimp) from India, the People's Republic of China 
(the PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam) 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty orders. In 
addition, as a result of the ITC's determination that revocation of the 
AD duty order on shrimp from Brazil is not likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, the Department is revoking the AD order on shrimp from 
Brazil.

DATES: AD Revocation (Brazil): Effective April 29, 2016; AD 
Continuation (India, the PRC, Thailand, and Vietnam): Effective June 1, 
2017.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, 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) 482-1280.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, the Department published the AD orders on 
shrimp from Brazil, India, the PRC, Thailand,

[[Page 25243]]

and Vietnam.\1\ On March 1, 2016, the Department initiated \2\ and the 
ITC instituted \3\ five-year (``sunset'') reviews of the AD Orders on 
shrimp from Brazil, India, the PRC, Thailand, and Vietnam, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, the Department determined that revocation of the 
AD orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam 
would likely lead to continuation or recurrence of dumping and notified 
the ITC of the magnitude of the margins of dumping likely to prevail 
were the orders revoked.\4\
---------------------------------------------------------------------------

    \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); Notice of Amended Final Determination of Sales 
at Less Than Fair Value and Antidumping Dutv Order: Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 
(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).
    \3\ See Frozen Warmwater Shrimp from Brazil, China, India, 
Thailand, and Vietnam Institution of five-year reviews, 81 FR 10659 
(March 1, 2016).
    \4\ See 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 (July 7, 2016); see also Certain Frozen Warmwater Shrimp 
from the Socialist Republic of Vietnam: Preliminary Results of the 
Second Five-Year Sunset Review of the Antidumping Duty Order, 81 FR 
63469 (September 15, 2016); and Certain Frozen Warmwater Shrimp From 
the Socialist Republic of Vietnam: Final Results of the Second Five-
Year Sunset Review of the Antidumping Duty Order, 82 FR 8724 
(January 30, 2017).
---------------------------------------------------------------------------

    On May 25, 2017, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the AD orders 
on shrimp from India, the PRC, Thailand, and Vietnam would likely lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time, but that revocation 
of the AD order on shrimp from Brazil would not be likely to lead to 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\5\
---------------------------------------------------------------------------

    \5\ See Frozen Warmwater Shrimp from Brazil, China, India, 
Thailand, and Vietnam; Determination, 82 FR 24144 (May 25, 2017).
---------------------------------------------------------------------------

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.

Continuation of the AD Orders on Shrimp From India, the PRC, Thailand, 
and Vietnam

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders on shrimp from India, the PRC, 
Thailand, and Vietnam would likely lead to a continuation or a 
recurrence of dumping and of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
hereby orders the continuation of the AD orders on Shrimp from India, 
the PRC, Thailand, and Vietnam. U.S. Customs and Border Protection 
(CBP) 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 the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of these orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.

[[Page 25244]]

Revocation of the AD Order on Shrimp From Brazil

    As a result of the determination by the ITC that revocation of the 
AD order on shrimp from Brazil would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
is revoking the AD order on shrimp from Brazil. Pursuant to section 
751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of 
revocation is April 29, 2016 (i.e., the fifth anniversary of the date 
of publication in the Federal Register of the notice of continuation of 
the antidumping duty orders).\7\
---------------------------------------------------------------------------

    \7\ See Certain Frozen Warmwater Shrimp From Brazil, India, the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam: Continuation of Antidumping Duty Orders, 76 FR 23972 (April 
29, 2011).
---------------------------------------------------------------------------

Cash Deposits and Assessment of Duties on Shrimp From Brazil

    The Department will notify CBP, 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of cash deposits on entries of shrimp from Brazil, 
entered or withdrawn from warehouse, on or after April 29, 2016. The 
Department will further instruct CBP to refund with interest all cash 
deposits on unliquidated entries made on or after April 29, 2016. 
Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
AD deposit requirements and assessments.

Administrative Protective Order

    This notice also 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(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: May 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2017-11323 Filed 5-31-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  25242                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  administrative review of the                            Rescission of Review                                    Dated: May 24, 2017.
                                                  antidumping duty order on welded line                                                                         Gary Taverman,
                                                  pipe from Turkey for the period May 22,                   Pursuant to 19 CFR 351.213(d)(1), the
                                                                                                                                                                Deputy Assistant Secretary for Antidumping
                                                  2015, through November 30, 2016.                        Secretary will rescind an administrative              and Countervailing Duty Operations.
                                                                                                          review, in whole or in part, if a party
                                                                                                                                                                [FR Doc. 2017–11206 Filed 5–31–17; 8:45 am]
                                                  DATES:   Effective June 1, 2017.                        who requested the review withdraws
                                                                                                                                                                BILLING CODE 3510–DS–P
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          the request within 90 days of the date
                                                  Alice Maldonado or David Crespo, AD/                    of publication of notice of initiation of
                                                  CVD Operations, Office II, Enforcement                  the requested review. All the                         DEPARTMENT OF COMMERCE
                                                  and Compliance, International Trade                     aforementioned withdrawal requests
                                                  Administration, U.S. Department of                      were timely submitted, and no other                   International Trade Administration
                                                  Commerce, 1401 Constitution Avenue                      interested party requested an
                                                                                                          administrative review of any company.                 [A–351–838, A–533–840, A–570–893, A–549–
                                                  NW., Washington, DC 20230; telephone:                                                                         822, A–552–802]
                                                  (202) 482–4682 or (202) 482–3693,                       Therefore, we are rescinding the
                                                  respectively.                                           administrative review of the                          Certain Frozen Warmwater Shrimp
                                                                                                          antidumping duty order on welded line                 From Brazil, India, the People’s
                                                  Background                                              pipe from Turkey covering the period                  Republic of China, Thailand, and the
                                                                                                          May 22, 2015, through November 30,                    Socialist Republic of Vietnam:
                                                     On December 1, 2016, the Department                  2016.
                                                  published in the Federal Register a                                                                           Continuation of Antidumping Duty
                                                  notice of ‘‘Opportunity to Request                      Assessment                                            Orders (India, the People’s Republic of
                                                  Administrative Review’’ of the                                                                                China, Thailand, and the Socialist
                                                                                                            The Department will instruct U.S.                   Republic of Vietnam) and Revocation
                                                  antidumping duty order on welded line
                                                                                                          Customs and Border Protection (CBP) to                of Antidumping Duty Order (Brazil)
                                                  pipe from Turkey for the period May 22,
                                                                                                          assess antidumping duties on all
                                                  2015, through November 30, 2016.1 In                                                                          AGENCY:   Enforcement and Compliance,
                                                                                                          appropriate entries. Antidumping duties
                                                  December 2016 and January 2017, the                                                                           International Trade Administration,
                                                                                                          shall be assessed at rates equal to the
                                                  Department received timely requests, in                                                                       Department of Commerce.
                                                                                                          cash deposit of estimated antidumping
                                                  accordance with section 751(a) of the
                                                                                                          duties required at the time of entry, or              SUMMARY: As a result of the
                                                  Tariff Act of 1930, as amended (the Act),
                                                                                                          withdrawal from warehouse, for                        determinations by the Department of
                                                  to conduct an administrative review of
                                                                                                          consumption, in accordance with 19                    Commerce (the Department) and the
                                                  this antidumping duty order from
                                                                                                          CFR 351.212(c)(1)(i). The Department                  International Trade Commission (ITC)
                                                  Maverick Tube Corporation (Maverick),
                                                                                                          intends to issue appropriate assessment               that revocation of the antidumping (AD)
                                                  Stupp Corporation, a division of Stupp
                                                                                                          instructions to CBP 15 days after                     duty orders on certain frozen
                                                  Bros., Inc. (Stupp Corp.), and American
                                                                                                          publication of this notice in the Federal             warmwater shrimp (shrimp) from India,
                                                  Cast Iron Pipe Company (ACIPCO)
                                                                                                          Register.                                             the People’s Republic of China (the
                                                  (collectively, the petitioners), and from
                                                                                                                                                                PRC), Thailand, and the Socialist
                                                  Borusan Mannesmann Boru Sanayi ve                       Notification to Importers
                                                                                                                                                                Republic of Vietnam (Vietnam) would
                                                  Ticaret A.S. and Borusan Istikbal Ticaret
                                                                                                            This notice serves as a reminder to                 likely lead to continuation or recurrence
                                                  (collectively, Borusan).2 Based upon
                                                                                                          importers of their responsibility under               of dumping and material injury to an
                                                  these requests, on February 13, 2017, in
                                                                                                          19 CFR 351.402(f)(2) to file a certificate            industry in the United States, the
                                                  accordance with section 751(a) of the
                                                                                                          regarding the reimbursement of                        Department is publishing a notice of
                                                  Act, the Department published in the
                                                                                                          antidumping duties prior to liquidation               continuation of the antidumping duty
                                                  Federal Register a notice of initiation
                                                                                                          of the relevant entries during this                   orders. In addition, as a result of the
                                                  listing nineteen companies for which
                                                                                                          review period. Failure to comply with                 ITC’s determination that revocation of
                                                  the Department received timely requests
                                                                                                          this requirement could result in the                  the AD duty order on shrimp from
                                                  for review.3 On March 3 and May 9,
                                                                                                          Department’s presumption that                         Brazil is not likely to lead to
                                                  2017, Borusan and the petitioners,
                                                                                                          reimbursement of antidumping duties                   continuation or recurrence of material
                                                  respectively, withdrew all requests for
                                                                                                          occurred and the subsequent assessment                injury to an industry in the United
                                                  an administrative review.4
                                                                                                          of doubled antidumping duties.                        States, the Department is revoking the
                                                                                                                                                                AD order on shrimp from Brazil.
                                                     1 See Antidumping or Countervailing Duty Order,
                                                                                                          Notification Regarding Administrative
                                                  Finding, or Suspended Investigation; Opportunity                                                              DATES: AD Revocation (Brazil): Effective
                                                                                                          Protective Orders
                                                  to Request Administrative Review, 81 FR 86694                                                                 April 29, 2016; AD Continuation (India,
                                                  (December 1, 2016).                                       This notice also serves as a reminder               the PRC, Thailand, and Vietnam):
                                                     2 See Letters from Maverick and from Stupp Corp.
                                                                                                          to parties subject to administrative                  Effective June 1, 2017.
                                                  and ACIPCO to the Department, ‘‘Welded Line Pipe
                                                  from the Republic of Turkey: Request for                protective order (APO) of their                       FOR FURTHER INFORMATION CONTACT:
                                                  Administrative Review,’’ dated December 30, 2016;       responsibility concerning the return or               Terre Keaton Stefanova, AD/CVD
                                                  see also Letter from Borusan to the Department,         destruction of proprietary information                Operations, Office II, Enforcement and
                                                  ‘‘Welded Line Pipe from Turkey, Case No. A–489–
                                                  822: Request for Administrative Review,’’ dated
                                                                                                          disclosed under APO in accordance                     Compliance, International Trade
                                                  January 3, 2017.                                        with 19 CFR 351.305. Timely written                   Administration, U.S. Department of
                                                     3 See Initiation of Antidumping and                  notification of the return/destruction of             Commerce, 1401 Constitution Avenue
                                                  Countervailing Duty Administrative Reviews, 82 FR       APO materials or conversion to judicial               NW., Washington, DC 20230; telephone:
mstockstill on DSK30JT082PROD with NOTICES




                                                  10457 (February 13, 2017).                              protective order is hereby requested.
                                                     4 See Letter from Borusan to the Department,
                                                                                                                                                                (202) 482–1280.
                                                  ‘‘Welded Line Pipe from Turkey, Case No. A–489–
                                                                                                          Failure to comply with the regulations                SUPPLEMENTARY INFORMATION:
                                                  822: Withdrawal of Request for Administrative           and terms of an APO is a violation
                                                  Review,’’ dated March 3, 2017; see also Letters from    which is subject to sanction.                         Background
                                                  Maverick and from Stupp Corp. and ACIPCO to the
                                                  Department, ‘‘Welded Line Pipe from the Republic
                                                                                                            This notice is issued and published in                 On February 1, 2005, the Department
                                                  of Turkey: Withdrawal of Request for                    accordance with section 751 of the Act                published the AD orders on shrimp
                                                  Administrative Review,’’ dated May 9, 2017.             and 19 CFR 351.213(d)(4).                             from Brazil, India, the PRC, Thailand,


                                             VerDate Sep<11>2014   18:32 May 31, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                                                   Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                 25243

                                                  and Vietnam.1 On March 1, 2016, the                        Scope of the Orders                                       Dusted shrimp is a shrimp-based
                                                  Department initiated 2 and the ITC                            The products covered by the Orders                     product: (1) That is produced from fresh
                                                  instituted 3 five-year (‘‘sunset’’) reviews                include certain frozen warmwater                          (or thawed-from-frozen) and peeled
                                                  of the AD Orders on shrimp from Brazil,                    shrimp and prawns whether wild-                           shrimp; (2) to which a ‘‘dusting’’ layer
                                                  India, the PRC, Thailand, and Vietnam,                     caught (ocean harvested) or farm-raised                   of rice or wheat flour of at least 95
                                                  pursuant to section 751(c) of the Tariff                   (produced by aquaculture), head-on or                     percent purity has been applied; (3)
                                                  Act of 1930, as amended (the Act). As                      head-off, shell-on or peeled, tail-on or                  with the entire surface of the shrimp
                                                  a result of its reviews, the Department                    tail-off,6 deveined or not deveined,                      flesh thoroughly and evenly coated with
                                                  determined that revocation of the AD                       cooked or raw, or otherwise processed                     the flour; (4) with the non-shrimp
                                                  orders on shrimp from Brazil, India, the                   in frozen form.                                           content of the end product constituting
                                                  PRC, Thailand, and Vietnam would                              The frozen warmwater shrimp and                        between four and 10 percent of the
                                                  likely lead to continuation or recurrence                  prawn products included in the Orders,                    product’s total weight after being
                                                  of dumping and notified the ITC of the                     regardless of definitions in the                          dusted, but prior to being frozen; and (5)
                                                  magnitude of the margins of dumping                        Harmonized Tariff Schedule of the                         that is subjected to IQF freezing
                                                  likely to prevail were the orders                          United States (HTSUS), are products                       immediately after application of the
                                                                                                             which are processed from warmwater
                                                  revoked.4                                                                                                            dusting layer. Battered shrimp is a
                                                                                                             shrimp and prawns through freezing
                                                     On May 25, 2017, the ITC published                      and which are sold in any count size.                     shrimp-based product that, when dusted
                                                  its determinations, pursuant to sections                      The products described above may be                    in accordance with the definition of
                                                  751(c) and 752(a) of the Act, that                         processed from any species of                             dusting above, is coated with a wet
                                                  revocation of the AD orders on shrimp                      warmwater shrimp and prawns.                              viscous layer containing egg and/or
                                                  from India, the PRC, Thailand, and                         Warmwater shrimp and prawns are                           milk, and par-fried.
                                                  Vietnam would likely lead to                               generally classified in, but are not                         The products covered by the Orders
                                                  continuation or recurrence of material                     limited to, the Penaeidae family. Some                    are currently classified under the
                                                  injury to an industry in the United                        examples of the farmed and wild-caught                    following HTSUS subheadings:
                                                  States within a reasonably foreseeable                     warmwater species include, but are not                    0306.13.00.03, 0306.13.00.06,
                                                  time, but that revocation of the AD order                  limited to, whiteleg shrimp (Penaeus                      0306.13.00.09, 0306.13.00.12,
                                                  on shrimp from Brazil would not be                         vannemei), banana prawn (Penaeus                          0306.13.00.15, 0306.13.00.18,
                                                                                                             merguiensis), fleshy prawn (Penaeus
                                                  likely to lead to continuation or                                                                                    0306.13.00.21, 0306.13.00.24,
                                                                                                             chinensis), giant river prawn
                                                  recurrence of material injury within a                                                                               0306.13.00.27, 0306.13.00.40,
                                                                                                             (Macrobrachium rosenbergii), giant tiger
                                                  reasonably foreseeable time.5                              prawn (Penaeus monodon), redspotted                       1605.20.10.10, and 1605.20.10.30. These
                                                                                                             shrimp (Penaeus brasiliensis), southern                   HTSUS subheadings are provided for
                                                     1 See Notice of Amended Final Determination of
                                                                                                             brown shrimp (Penaeus subtilis),                          convenience and for customs purposes
                                                  Sales at Less Than Fair Value and Antidumping                                                                        only and are not dispositive, but rather
                                                  Duty Order: Certain Frozen Warmwater Shrimp                southern pink shrimp (Penaeus
                                                  from Brazil, 70 FR 5143 (February 1, 2005); Notice         notialis), southern rough shrimp                          the written description of the scope of
                                                  of Amended Final Determination of Sales at Less            (Trachypenaeus curvirostris), southern                    the orders is dispositive.
                                                  Than Fair Value and Antidumping Duty Order:                white shrimp (Penaeus schmitti), blue
                                                  Certain Frozen Warmwater Shrimp from India, 70                                                                       Continuation of the AD Orders on
                                                                                                             shrimp (Penaeus stylirostris), western
                                                  FR 5147 (February 1, 2005); Notice of Amended                                                                        Shrimp From India, the PRC, Thailand,
                                                  Final Determination of Sales at Less Than Fair             white shrimp (Penaeus occidentalis),
                                                                                                                                                                       and Vietnam
                                                  Value and Antidumping Duty Order: Certain Frozen           and Indian white prawn (Penaeus
                                                  Warmwater Shrimp From the People’s Republic of             indicus).                                                    As a result of the determinations by
                                                  China, 70 FR 5149 (February 1, 2005); Notice of               Frozen shrimp and prawns that are
                                                  Amended Final Determination of Sales at Less                                                                         the Department and the ITC that
                                                                                                             packed with marinade, spices or sauce                     revocation of the AD orders on shrimp
                                                  Than Fair Value and Antidumping Dutv Order:
                                                                                                             are included in the scope of the Orders.
                                                  Certain Frozen Warmwater Shrimp From the                                                                             from India, the PRC, Thailand, and
                                                  Socialist Republic of Vietnam, 70 FR 5152                  In addition, food preparations, which
                                                                                                                                                                       Vietnam would likely lead to a
                                                  (February 1, 2005); and Notice of Amended Final            are not ‘‘prepared meals,’’ that contain
                                                  Determination of Sales at Less Than Fair Value and         more than 20 percent by weight of                         continuation or a recurrence of dumping
                                                  Antidumping Duty Order: Certain Frozen
                                                                                                             shrimp or prawn are also included in                      and of material injury to an industry in
                                                  Warmwater Shrimp from Thailand, 70 FR 5145                                                                           the United States, pursuant to section
                                                  (February 1, 2005) (collectively, Orders).                 the scope of the orders.
                                                     2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81      Excluded from the Orders are: (1)                      751(d)(2) of the Act, the Department
                                                  FR 10578 (March 1, 2016) (Notice of Initiation).           Breaded shrimp and prawns (HTSUS                          hereby orders the continuation of the
                                                     3 See Frozen Warmwater Shrimp from Brazil,              subheading 1605.20.10.20); (2) shrimp                     AD orders on Shrimp from India, the
                                                  China, India, Thailand, and Vietnam Institution of         and prawns generally classified in the                    PRC, Thailand, and Vietnam. U.S.
                                                  five-year reviews, 81 FR 10659 (March 1, 2016).            Pandalidae family and commonly                            Customs and Border Protection (CBP)
                                                     4 See Certain Frozen Warmwater Shrimp From

                                                  Brazil, India, the People’s Republic of China and
                                                                                                             referred to as coldwater shrimp, in any                   will continue to collect AD cash
                                                  Thailand: Final Results of the Expedited Second            state of processing; (3) fresh shrimp and                 deposits at the rates in effect at the time
                                                  Sunset Reviews of the Antidumping Duty Orders, 81          prawns whether shell-on or peeled                         of entry for all imports of subject
                                                  FR 44275 (July 7, 2016); see also Certain Frozen           (HTSUS subheadings 0306.23.00.20 and                      merchandise. The effective date of the
                                                  Warmwater Shrimp from the Socialist Republic of            0306.23.00.40); (4) shrimp and prawns
                                                  Vietnam: Preliminary Results of the Second Five-                                                                     continuation of the orders will be the
                                                  Year Sunset Review of the Antidumping Duty
                                                                                                             in prepared meals (HTSUS subheading                       date of publication in the Federal
mstockstill on DSK30JT082PROD with NOTICES




                                                  Order, 81 FR 63469 (September 15, 2016); and               1605.20.05.10); (5) dried shrimp and                      Register of this notice of continuation.
                                                  Certain Frozen Warmwater Shrimp From the                   prawns; (6) canned warmwater shrimp                       Pursuant to section 751(c)(2) of the Act,
                                                  Socialist Republic of Vietnam: Final Results of the        and prawns (HTSUS subheading
                                                  Second Five-Year Sunset Review of the                                                                                the Department intends to initiate the
                                                                                                             1605.20.10.40); (7) certain dusted
                                                  Antidumping Duty Order, 82 FR 8724 (January 30,                                                                      next five-year review of these orders not
                                                  2017).                                                     shrimp; and (8) certain battered shrimp.
                                                     5 See Frozen Warmwater Shrimp from Brazil,
                                                                                                                                                                       later than 30 days prior to the fifth
                                                  China, India, Thailand, and Vietnam;                         6 ‘‘Tails’’ in this context means the tail fan, which   anniversary of the effective date of
                                                  Determination, 82 FR 24144 (May 25, 2017).                 includes the telson and the uropods.                      continuation.


                                             VerDate Sep<11>2014    18:32 May 31, 2017   Jkt 241001   PO 00000    Frm 00020    Fmt 4703    Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                  25244                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  Revocation of the AD Order on Shrimp                    DEPARTMENT OF COMMERCE                                  Cash Deposit Instructions
                                                  From Brazil                                                                                                       Pursuant to 19 CFR 351.214(k)(3)(iv),
                                                                                                          International Trade Administration                      because we determined a
                                                     As a result of the determination by the
                                                                                                                                                                  countervailable subsidy rate for Catalyst
                                                  ITC that revocation of the AD order on                  [C–122–854]                                             that is de minimis, in the final results
                                                  shrimp from Brazil would not be likely
                                                                                                                                                                  of the expedited review we excluded
                                                  to lead to continuation or recurrence of                Supercalendered Paper From Canada:                      Catalyst from the countervailing duty
                                                  material injury to an industry in the                   Amended Final Results of the                            order.5 Because Catalyst’s rate remains
                                                  United States, pursuant to section                      Countervailing Duty Expedited Review                    de minimis, we will not issue new
                                                  751(d)(2) of the Act, the Department is                                                                         instructions to CBP.
                                                  revoking the AD order on shrimp from                    AGENCY:  Enforcement and Compliance,
                                                  Brazil. Pursuant to section 751(d)(2) of                International Trade Administration,                     Disclosure
                                                  the Act and 19 CFR 351.222(i)(2)(i), the                Department of Commerce.                                   We will disclose the calculations
                                                  effective date of revocation is April 29,               SUMMARY:   The Department of Commerce                   performed for these amended final
                                                  2016 (i.e., the fifth anniversary of the                (the Department) is amending the Final                  results to interested parties within five
                                                  date of publication in the Federal                      Results 1 of the expedited review of the                business days of the date of the
                                                  Register of the notice of continuation of               countervailing duty order on                            publication of this notice in accordance
                                                  the antidumping duty orders).7                          supercalendered paper from Canada to                    with 19 CFR 351.224(b)
                                                                                                          correct a ministerial error.                              We are issuing and publishing this
                                                  Cash Deposits and Assessment of Duties                                                                          notice in accordance with 19 CFR
                                                  on Shrimp From Brazil                                   DATES:   Effective June 1, 2017.
                                                                                                                                                                  351.214(k) and 19 CFR 351.224(e).
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                     The Department will notify CBP, 15                                                                             Dated: May 24, 2017.
                                                                                                          Peter Zukowski, AD/CVD Operations,
                                                  days after publication of this notice, to                                                                       Ronald K. Lorentzen,
                                                                                                          Office I, Enforcement and Compliance,
                                                  terminate the suspension of liquidation                                                                         Acting Assistant Secretary for Enforcement
                                                                                                          International Trade Administration,
                                                                                                                                                                  and Compliance.
                                                  and to discontinue the collection of cash               U.S. Department of Commerce, 1401
                                                  deposits on entries of shrimp from                                                                              [FR Doc. 2017–11204 Filed 5–31–17; 8:45 am]
                                                                                                          Constitution Avenue NW., Washington,
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                                  Brazil, entered or withdrawn from                       DC 20230; telephone 202–482–0189.
                                                  warehouse, on or after April 29, 2016.                  SUPPLEMENTARY INFORMATION:
                                                  The Department will further instruct                                                                            DEPARTMENT OF COMMERCE
                                                  CBP to refund with interest all cash                    Background
                                                  deposits on unliquidated entries made                     On April 24, 2017, we received a                      National Oceanic and Atmospheric
                                                  on or after April 29, 2016. Entries of                  timely ministerial error allegation from                Administration
                                                  subject merchandise prior to the                        Catalyst Paper Corporation, Catalyst
                                                  effective date of revocation will                       Pulp and Paper Sales Inc., Catalyst                     Proposed Information Collection;
                                                  continue to be subject to suspension of                 Paper (USA) Inc., and their affiliated                  Comment Request; Alaska Region
                                                  liquidation and AD deposit                              companies (collectively Catalyst)                       Scale and Catch Weighing
                                                  requirements and assessments.                           regarding the Department’s final subsidy                Requirements
                                                                                                          rate calculations.2                                     AGENCY: National Oceanic and
                                                  Administrative Protective Order
                                                                                                          Ministerial Errors                                      Atmospheric Administration (NOAA),
                                                    This notice also serves as the only                                                                           Commerce.
                                                  reminder to parties subject to                            We analyzed Catalyst’s ministerial                    ACTION: Notice.
                                                  administrative protective order (APO) of                error 3 comments and determined, in
                                                                                                          accordance with 19 CFR 351.224(e), that                 SUMMARY:    The Department of
                                                  their responsibility concerning the
                                                                                                          there was a ministerial error in our                    Commerce, as part of its continuing
                                                  return/destruction or conversion to
                                                                                                          calculation of Catalyst’s net subsidy rate              effort to reduce paperwork and
                                                  judicial protective order of proprietary                                                                        respondent burden, invites the general
                                                  information disclosed under APO in                      for the Final Results.4 In accordance
                                                                                                          with 19 CFR 351.224(e), we are                          public and other Federal agencies to
                                                  accordance with 19 CFR 351.305(a)(3).                                                                           take this opportunity to comment on
                                                                                                          amending the net subsidy rate for
                                                  Failure to comply is a violation of the                                                                         proposed and/or continuing information
                                                                                                          Catalyst from 0.94 percent (de minimis)
                                                  APO which may be subject to sanctions.                                                                          collections, as required by the
                                                                                                          to 0.93 percent (de minimis).
                                                    These five-year (sunset) reviews and                                                                          Paperwork Reduction Act of 1995.
                                                  notice are in accordance with sections                    1 See Supercalendered Paper from Canada: Final        DATES: Written comments must be
                                                  751(c) and (d)(2), and 777(i) the Act,                  Results of the Countervailing Duty Expedited            submitted on or before July 31, 2017.
                                                  and 19 CFR 351.218(f)(4).                               Review, 82 FR 18896 (April 24, 2017) (Final
                                                                                                                                                                  ADDRESSES: Direct all written comments
                                                                                                          Results), and accompanying Issues and Decision
                                                    Dated: May 25, 2017.                                  Memorandum.                                             to Jennifer Jessup, Departmental
                                                                                                            2 See letter to the Department, ‘‘Supercalendered     Paperwork Clearance Officer,
                                                  Gary Taverman,
                                                                                                          Paper from Canada: Catalyst’s Ministerial Error         Department of Commerce, Room 6616,
                                                  Deputy Assistant Secretary for Antidumping              Comments’’ (April 24, 2017) (Catalyst Ministerial       14th and Constitution Avenue NW.,
                                                  and Countervailing Duty Operations.                     Error Allegation).
                                                                                                            3 A ‘‘ministerial error’’ is defined by 19 CFR
                                                                                                                                                                  Washington, DC 20230 (or via the
                                                  [FR Doc. 2017–11323 Filed 5–31–17; 8:45 am]
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          351.224(f) as an error ‘‘in addition, subtraction, or   Internet at pracomments@doc.gov).
                                                  BILLING CODE 3510–DS–P                                  other arithmetic function, clerical error resulting
                                                                                                          from inaccurate copying, duplication, or the like,        5 See Final Results, 82 FR at 18897 (explaining
                                                                                                          and any similar type of unintentional error which       that only merchandise produced and exported by
                                                    7 See  Certain Frozen Warmwater Shrimp From           the Secretary considers ministerial.’’                  Catalyst is excluded from the Order, and that the
                                                  Brazil, India, the People’s Republic of China,            4 See ‘‘Expedited Review of the Countervailing        exclusion does not apply to merchandise produced
                                                  Thailand, and the Socialist Republic of Vietnam:        Duty Order on Supercalendered Paper from Canada:        by Catalyst and exported by any other company or
                                                  Continuation of Antidumping Duty Orders, 76 FR          Allegations of Ministerial Errors,’’ May 24, 2017       merchandise produced by any other company and
                                                  23972 (April 29, 2011).                                 (Ministerial Error Memorandum).                         exported by Catalyst).



                                             VerDate Sep<11>2014   18:32 May 31, 2017   Jkt 241001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM    01JNN1



Document Created: 2017-06-01 03:04:47
Document Modified: 2017-06-01 03:04:47
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
DatesAD Revocation (Brazil): Effective April 29, 2016; AD Continuation (India, the PRC, Thailand, and Vietnam): Effective June 1, 2017.
ContactTerre Keaton Stefanova, 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) 482-1280.
FR Citation82 FR 25242 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR