[Federal Register: February 1, 2005 (Volume 70, Number 20)]
[Notices]
[Page 5143-5145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe05-35]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-351-838)
Notice of Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from
Brazil\1\
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\1\ On January 21, 2005, the International Trade Commission
(ITC) notified the Department of Commerce (the Department) of its
final determination that two domestic like products exist for the
merchandise covered by the Department's investigation: 1) certain
non-canned warmwater shrimp and prawns; and 2) canned warmwater
shrimp and prawns. The ITC determined that imports of canned
warmwater shrimp and prawns from Brazil were negligible; therefore,
canned warmwater shrimp and prawns will not be covered by the
antidumping duty order.
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AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
EFFECTIVE DATE: February 1, 2005.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4929 or (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Amendment to Final Determination
In accordance with sections 735(a) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on December 23, 2004, the Department
published its notice of final determination of sales at less than fair
value (LTFV) in the investigation of certain frozen and canned
warmwater shrimp from Brazil. See Notice of Final Determination of
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater
Shrimp from Brazil, 69 FR 76910 (Final Determination). On December 23,
2004, we received an allegation, timely filed pursuant to 19 CFR
351.224(c)(2), from the petitioners (i.e., Ad Hoc Shrimp Trade Action
Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp
Company) that the Department made a ministerial error with respect to
its exclusion of ``dusted'' shrimp from the scope of this
investigation. On December 28, 2004, Eastern Fish Company, Inc., and
Long John Silver's, Inc., interested parties in this investigation,
submitted a response to the petitioners' December 23, 2004, ministerial
error allegation. In addition, on December 30, 2004, we received
allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the
petitioners and the respondents (i.e, Central de
Industrializa[ccedil][atilde]o e Distribui[ccedil][atilde]o de
Alimentos Ltda. (CIDA) and Empresa de Armazenagem Frigorifica Ltda.
(EMPAF)) that the Department also made ministerial errors in the final
margin calculations. On January 5 and 10, 2005, we received submissions
containing rebuttal comments from the petitioners with respect to the
ministerial error allegations made by EMPAF and CIDA, respectively.
After analyzing the submissions filed by CIDA, EMPAF, the
petitioners, and the other interested parties, we have determined, in
accordance with 19 CFR 351.224(e), that we made the following
ministerial errors in our calculations performed for the final
determination:
[cir] We inadvertently failed to convert third country variable costs
to the same unit of measure as U.S. variable costs before calculating
the difference-in-merchandise adjustment for CIDA.
[cir] We inadvertently used incorrect programming to convert normal
values to the same unit of measure as the United States price which
resulted in an incomplete conversion of normal value for CIDA.
[cir] We inadvertently used an incorrect dataset (CEPTOT) in the final
margin program for EMPAF that was not created by the comparison market
program.
[cir] We inadvertently allocated the entire amount of the unreconciled
difference between the financial statements and the submitted cost to
the cost of fresh shrimp for EMPAF.
Correcting these errors results in revised margins for CIDA and
EMPAF. In addition, we have revised the calculation of the ``all
others'' rate accordingly.
For a detailed discussion of the ministerial errors alleged by the
petitioners and the respondents, as well as the Department's analysis,
see the January 24, 2005, memorandum to Louis Apple from the Team
entitled ``Ministerial Error Allegations in the Final Determination of
the Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp
from Brazil.''
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination of sales at LTFV in the
[[Page 5144]]
antidumping duty investigation of certain frozen warmwater shrimp from
Brazil. The revised weighted-average dumping margins are in the
``Antidumping Duty Order'' section, below.
Antidumping Duty Order
In accordance with section 735(a) of the Act, the Department made
its final determination that certain frozen and canned warmwater shrimp
from Brazil is being, or is likely to be, sold in the United States at
LTFV. See Final Determination. On January 21, 2005, the ITC notified
the Department of its final determination pursuant to section
735(b)(1)(A)(I) of the Act that an industry in the United States is
materially injured by reason of LTFV imports of subject merchandise
from Brazil. In its final determination, however, the ITC determined
that two domestic like products exist for the merchandise covered by
the Department's investigation: 1) certain non-canned warmwater shrimp
and prawns; and 2) canned warmwater shrimp and prawns. The ITC
determined pursuant to section 735(b)(1)(B) of the Act that imports of
canned warmwater shrimp from Brazil are negligible. Therefore, the
ITC's affirmative determination of material injury covered all non-
canned warmwater shrimp and prawns other than those specifically
excluded in the ``Scope of Order'' section, below. Accordingly, the
scope of the antidumping duty investigation has been amended as
described above to reflect the ITC's distinction between certain non-
canned warmwater shrimp and prawns and canned warmwater shrimp and
prawns. Specifically, canned warmwater shrimp and prawns are excluded
from the scope of the order.
In cases where the ITC specifically excludes a product in its final
injury determination, the Department may exclude that product from its
final margin calculation. See Antidumping Duty Orders; Certain
Stainless Steel Plate in Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21,
1999). However, because the respondents did not export or sell canned
warmwater shrimp and prawns to the United States during the period of
investigation (POI), no recalculation of the dumping margins is
warranted, and therefore we are not amending the final determination
calculations to exclude any sales of canned warmwater shrimp and prawn
products.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price or the constructed export price of the
merchandise for all relevant entries of certain frozen warmwater shrimp
from Brazil. These antidumping duties will be assessed on all
unliquidated entries of certain frozen warmwater shrimp from Brazil
entered, or withdrawn from warehouse, for consumption on or after
August 4, 2004, the date on which the Department published its Notice
of Preliminary Determination of Sales at Less that Fair Value and
Postponement of Final Determination: Certain Frozen and Canned
Warmwater Shrimp from Brazil, 69 FR 47081 (Aug. 4, 2004), or in the
case of EMPAF, on or after August 30, 2004, the date on which the
Department published its Notice of Amended Preliminary Determination of
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater
Shrimp from Brazil, 69 FR 52860 (August 30, 2004).
On or after the date of publication of this antidumping duty order
in the Federal Register, CBP will require, at the same time that
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the estimated weighted-average dumping margins
as listed below. The ``all others'' rate applies to all exporters of
subject merchandise not listed specifically. We determine that the
following weighted-average margin percentages exist for the POI:
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Exporter/Manufacturer Original Final Margin Amended Final Margin
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Empresa de Armazenagem Frigorifica Ltda./Maricultura 10.70 7.94
Netuno S.A.........................................
Central de Industrializa[ccedil][atilde]o e 9.69 4.97
Distribui[ccedil][atilde]o de Alimentos Ltda./Cia.
Exportadora de Produtos do Mar (Produmar)..........
Norte Pesca, S.A.................................... 67.80 67.80
All Others.......................................... 10.40 7.05
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Scope of Order
The scope of this order includes certain warmwater shrimp and
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTS), 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 this order. 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 this order.
Excluded from the scope are: 1) breaded shrimp and prawns (HTS
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp and
prawns in prepared meals (HTS subheading
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1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp
and prawns (HTS 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
individually quick frozen (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 this order are currently classified under
the following HTS 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 HTS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this order is
dispositive.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing CBP to continue to suspend liquidation of all entries of
certain frozen warmwater shrimp from Brazil. CBP shall require a cash
deposit equal to the estimated amount by which the normal value exceeds
the U.S. price as indicated in the chart above. CBP shall discontinue
the suspension of liquidation on canned shrimp products and refund any
cash deposits made or bonds posted with respect to this merchandise.
These instructions suspending liquidation will remain in effect until
further notice. This amended determination and order is issued and
published pursuant to sections 735(d), 736(a) of the Act, and 19 CFR
351.211.
Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-368 Filed 1-31-02; 8:45 am]