[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Notices]               
[Page 51472-51474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-69]                         

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1063-1068 (Final)]

 
Certain Frozen or Canned Warmwater Shrimp and Prawns From Brazil, 
China, Ecuador, India, Thailand, and Vietnam

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1063-1068 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the

[[Page 51473]]

United States is materially retarded, by reason of less-than-fair-value 
imports from Brazil, China, Ecuador, India, Thailand, and Vietnam of 
certain frozen or canned warmwater shrimp and prawns, provided for in 
subheadings 0306.13.00 and 1605.20.10 of the Harmonized Tariff Schedule 
of the United States (HTSUS).\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``certain warmwater 
shrimp and prawns, whether frozen or canned, wild-caught (ocean 
harvested) or farm-raised (produced by aquaculture), head-on or 
head-off, shell-on or peeled, tail-on or tail-off, deveined or not 
deveined, cooked or raw, or otherwise processed in frozen or canned 
form.
    ``The frozen or canned warmwater shrimp and prawn products 
included in the scope of the investigation, regardless of 
definitions in the Harmonized Tariff Schedule of the United States 
(HTSUS), are products which are processed from warmwater shrimp and 
prawns through either freezing or canning 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 investigation. 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 investigation.
    ``Excluded from the scope are (1) breaded shrimp and prawns 
(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 (0306.23.00.20 and 0306.23.00.40); (4) shrimp and 
prawns in prepared meals (1605.20.05.10); and (5) dried shrimp and 
prawns.
    ``The products covered by this scope are currently classifiable 
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, 1605.20.10.30, and 1605.20.10.40. ''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective: July 16, 2004 (China and Vietnam); August 4, 2004 
(Brazil, Ecuador, India, and Thailand).

FOR FURTHER INFORMATION CONTACT: Jim McClure ((202) 205-3191), Office 
of Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on (202) 205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at (202) 205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 

investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.


SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of certain frozen or canned 
warmwater shrimp and prawns from Brazil, China, Ecuador, India, 
Thailand, and Vietnam are being sold in the United States at less than 
fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b). The investigations were requested in petitions filed on 
December 31, 2003, by the Ad Hoc Shrimp Trade Action Committee, 
Washington, DC.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on November 
15, 2004, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on December 
1, 2004, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before November 19, 2004. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on November 23, 2004, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is November 22, 2004. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is December 8, 2004; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations on or before December 8, 2004. On December 27, 2004, the 
Commission will make available to

[[Page 51474]]

parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before December 29, 2004, but such final comments must not contain new 
factual information and must otherwise comply with section 207.30 of 
the Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of sections 
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
rules do not authorize filing of submissions with the Secretary by 
facsimile or electronic means, except to the extent permitted by 
section 201.8 of the Commission's rules, as amended, 67 FR 68036 
(November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations is being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Dated: August 13, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18985 Filed 8-18-04; 8:45 am]
BILLING CODE 7020-02-P