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)

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, 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