[Federal Register: February 8, 2005 (Volume 70, Number 25)]
[Page 6728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 6728]]



Request for Comments Concerning the Institution of Section 751(b) 
Review Investigations; Certain Frozen Warmwater Shrimp From India and 

AGENCY: United States International Trade Commission.

ACTION: Request for comments regarding the institution of section 
751(b) review investigations concerning the Commission's affirmative 
determinations in investigations Nos. 731-TA-1066 and 1067 (Final), 
certain frozen or canned warmwater shrimp and prawns from India and 


SUMMARY: The Commission invites comments from the public, including but 
not limited to interested parties, on whether changed circumstances 
exist sufficient to warrant the institution of investigations pursuant 
to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the 
Act) to review the Commission's affirmative determinations in 
investigations Nos. 731-TA-1066-1067 (Final). The purpose of the 
proposed review investigations is to determine whether revocation of 
the existing antidumping duty orders on imports of certain frozen 
warmwater shrimp from India and Thailand is likely to lead to 
continuation or recurrence of material injury (19 U.S.C. 
1675(b)(2)(A)). Certain frozen warmwater shrimp are provided for in 
subheadings 0306.13.00 and 1605.20.10 of the Harmonized Tariff Schedule 
of the United States.

EFFECTIVE DATE: February 8, 2005.

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

    Background.--On December 23, 2004, the Department of Commerce 
determined that imports of certain frozen and canned warmwater shrimp 
from India and Thailand are being sold in the United States at less 
than fair value (LTFV) within the meaning of section 731 of the Act (19 
U.S.C. 1673) (69 FR 76916 and 76918, respectively, December 23, 2004); 
and on January 21, 2005 the Commission determined, pursuant to section 
735(b)(1) of the Act (19 U.S.C. 1673d(b)(1)), that an industry in the 
United States producing certain non-canned warmwater shrimp and prawns 
was materially injured by reason of LTFV imports (70 FR 3943, January 
27, 2005). Accordingly, Commerce ordered that antidumping duties be 
imposed on such imports of certain frozen warmwater shrimp (70 FR 5147 
(India) and 5145 (Thailand), February 1, 2005).
    On January 6, 2005, when the Commission conducted its vote in these 
investigations, it stated that it was concerned about the possible 
impact of the December 26, 2004, tsunami on the shrimping industries of 
India and Thailand. The tsunami occurred prior to the closing of the 
record in these investigations on December 27, 2004. At the time the 
record closed, however, factual information as to any impact of the 
tsunami on the ability of producers in India or Thailand to produce and 
export shrimp was not available. At the vote and in its views in these 
investigations, the Commission stated its intention to collect 
information as to whether the tsunami's impact on the affected 
countries' industries warrants the Commission self-initiating a changed 
circumstances review under 19 U.S.C. 1675(b). A decision as to whether 
changed circumstance reviews will be instituted as to India and/or 
Thailand will be made following the collection and analysis of 
information submitted.
    Written comments requested.--Pursuant to section 207.45(b) of the 
Commission's Rules of Practice and Procedure, the Commission requests 
comments concerning whether there are changed circumstances brought 
about by the effects of the December 26, 2004 tsunami on the shrimp 
industries of India and Thailand sufficient to warrant institution of 
review investigations. Information submitted to the Commission should 
address the impact of the tsunami on the ability of the shrimp 
industries in India and Thailand to produce and export shrimp to the 
United States. This information may include, but is not necessarily 
limited to, an analysis of the condition of shrimp hatcheries, ponds, 
fishing fleet, and processing and storage facilities post-tsunami; 
estimates of the share of the countries' historical production that has 
been impacted by the tsunami; estimates of the cost and time required 
to repair, restock, or rebuild any damaged or destroyed production, 
storage, or transportation infrastructure; and any data on current 
inventories of shrimp in these countries which may be exported to the 
United States.
    Written submissions.--Comments must be filed with the Secretary to 
the Commission no later than 45 days after the date of publication of 
this notice in the Federal Register. The Commission will make its 
determinations regarding institution of review investigations within 30 
days of the close of the comment period. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain business proprietary information must also 
conform with the requirements of section 201.6 of the Commission's 
rules. Such requests should be directed to the Secretary of the 
Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. Each sheet must be clearly 
marked at the top ``Confidential Business Information.'' The Commission 
will either accept the submission in confidence or return it. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile. The Secretary accepts documents filed 
electronically through the Commission's Electronic Document Imaging 
System (EDIS), on the World Wide Web at http://edis.usitc.gov. 

Documents must contain only public information; cannot contain exhibits 
of original documents, such as certified copies; and must meet certain 
size limits. Filing requirements are outlined on the EDIS Web site and 
by section 201.8 of the Commission's rules, as amended, 67 FR 68036 
(November 8, 2002).

    Authority: This notice is published pursuant to section 207.45 
of the Commission's rules.

    By order of the Commission.

    Issued: February 3, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-2460 Filed 2-7-05; 8:45 am]