Federal Register - July 8, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices Dated: July 1, 2021.
Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations.
lotter on DSK11XQN23PROD with NOTICES1
Appendix Scope of the Order The scope of the order includes certain frozen warmwater shrimp and prawns, whether wildcaught ocean harvested or farm-raised produced by aquaculture, headon or head-off, shell-on or peeled, tail-on or tail-off,21 deveined or not deveined, cooked or raw, or otherwise processed in frozen form.
The frozen warmwater shrimp and prawn products included in the scope of the 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, white-leg shrimp Penaeus vannemei, banana prawn Penaeus merguiensis, fleshy prawn Penaeus chinensis, giant river prawn Macrobrachium rosenbergii, giant tiger prawn Penaeus monodon, redspotted shrimp Penaeus brasiliensis, southern brown shrimp Penaeus subtilis, southern pink shrimp Penaeus notialis, southern rough shrimp Trachypenaeus curvirostris, southern white shrimp Penaeus schmitti, blue shrimp Penaeus stylirostris, western white shrimp Penaeus occidentalis, and Indian white prawn Penaeus indicus.
Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of the 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 the 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 1605.20.05.10; 5 dried shrimp and prawns; 6 canned warmwater shrimp and prawns HTS subheading 1605.20.10.40;
and 7 certain battered shrimp. Battered shrimp is a shrimp-based product: 1 That is produced from fresh or thawed-from-frozen and peeled shrimp; 2 to which a dusting layer of rice or wheat flour of at least 95
percent purity has been applied; 3 with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; 4 with the non-shrimp content of the end product 21 Tails in this context means the tail fan which includes the telson and the uropods.
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constituting between four and 10 percent of the products total weight after being dusted, but prior to being frozen; and 5 that is subjected to individually quick frozen IQF freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried.
The products covered by this order are currently classified under the following HTS
subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 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.22
FR Doc. 202114571 Filed 7721; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A570135
Certain Chassis and Subassemblies Thereof From the Peoples Republic of China: Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of Commerce Commerce and International Trade Commission ITC, Commerce is issuing its antidumping duty AD order on certain chassis and subassemblies thereof chassis from the Peoples Republic of China China.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Mary Kolberg, AD/
CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4823477 or 202 4821785, respectively.
AGENCY:
22 On April 26, 2011, Commerce amended the order to include dusted shrimp, pursuant to the U.S. Court of International Trade CIT decision in Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 CIT 2010 and the U.S. International Trade Commission USITC
determination, which found the domestic like product to include dusted shrimp. See Certain Frozen Warmwater Shrimp from Brazil, India, the Peoples Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumpling Duty Orders in Accordance with Final Court Decision, 76 FR 23277 April 26, 2011;
see also Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 CIT 2010;
and Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam Investigation Nos.
731TA1063, 1064, 10661068 Review, USITC
Publication 4221, March 2011.
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SUPPLEMENTARY INFORMATION:
Background On May 17, 2021, Commerce published its affirmative final determination in the less-than-fair-value LTFV investigation of chassis from China.1 On July 1, 2021, the ITC notified Commerce of its affirmative final determination that, pursuant to sections 735b1Ai and 735d of the Act, an industry in the United States is materially injured by reason of imports of subject merchandise from China that are sold in the United States at LTFV.2
Scope of the Order The products covered by the order are certain chassis and subassemblies thereof from China. For a full description of the scope of this order, see the appendix of this notice.
AD Order On July 1, 2021, in accordance with sections 735b1Ai and 735d of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured by reason of imports of chassis from China that are sold in the United States at LTFV.3 Therefore, in accordance with section 735c2 of the Act, we are issuing this AD order. Because the ITC
determined that imports of chassis from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties.
Therefore, in accordance with sections 736a1 of the Act, Commerce will direct U.S. Customs and Border Patrol CBP to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise for all relevant entries of chassis from China.
Antidumping duties will be assessed on unliquidated entries of chassis from China entered, or withdrawn from warehouse, for consumption on or after March 4, 2021, the date of publication of the AD Preliminary Determination, but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITCs final injury 1 See Certain Chassis and Subassemblies Thereof from the Peoples Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 26694 May 17, 2021.
2 See ITCs Letter, Notification of ITC Final Determination, dated July 1, 2021 ITC
Notification Letter 3 Id.
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