Implementation of the Findings of the WTO Panel in United States-Antidumping Measure on Shrimp From Thailand: Notice of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp From Thailand, 5638-5639 [E9-2086]
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5638
Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices
directed to Larry Hall, BIS ICB Liaison,
(202)482–4895, lhall@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This information collection supports
the various collections, notifications,
reports, and information exchanges that
are needed by the Bureau of Industry
and Security’s (BIS) Office of Export
Enforcement and U.S. Customs to
enforce the Export Administration
Regulations (EAR) and maintain the
National Security of the United States.
This collection of information involves
nine miscellaneous activities described
in Section 758 of the EAR that are
associated with the export of items
controlled by the Department of
Commerce. Most of these activities do
not involve submission of documents to
the BIS but instead involve exchange of
documents among parties in the export
transaction to insure that each party
understands its obligations under U.S.
law. Others involve writing certain
export control statements on shipping
documents or reporting unforeseen
changes in shipping and disposition of
commodities.
II. Method of Collection
Submitted electronically or in paper
form.
mstockstill on PROD1PC66 with NOTICES
III. Data
OMB Control Number: 0694–0122.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
1,427,450.
Estimated Time per Response: 5
seconds to 2 hours and 30 minutes,
depending on the required document(s).
Estimated Total Annual Burden
Hours: 77,926.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
VerDate Nov<24>2008
16:54 Jan 29, 2009
Jkt 217001
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: January 26, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–1952 Filed 1–29–09; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Implementation of the Findings of the
WTO Panel in United States—
Antidumping Measure on Shrimp From
Thailand: Notice of Determination
Under Section 129 of the Uruguay
Round Agreements Act and Partial
Revocation of the Antidumping Duty
Order on Frozen Warmwater Shrimp
From Thailand
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 12, 2009, the
Department of Commerce (the
Department) issued a determination
regarding the offsetting of dumped sales
with non-dumped sales when making
average-to-average comparisons of
export price and normal value in the
antidumping duty investigation of
certain frozen warmwater shrimp
challenged by Thailand before the
World Trade Organization (WTO). On
January 16, 2009, the U.S. Trade
Representative (USTR) instructed the
Department to implement in whole this
determination under section 129 of the
Uruguay Round Agreements Act
(URAA). The Department is now
implementing this determination.
DATES: Effective Date: The effective date
of this determination is January 16,
2009.
FOR FURTHER INFORMATION CONTACT:
Henry Almond or Shawn Thompson,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave., NW., Washington, DC 20230;
telephone: (202) 482–0049 or (202) 482–
1776, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2008, the
Department advised interested parties
that it was initiating a proceeding under
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
section 129 of the URAA to issue a
determination that would implement
the findings of the WTO dispute
settlement panel in United States—
Measures Relating to Shrimp From
Thailand, WT/DS343/R (Feb. 29, 2008).
On November 21, 2008, the Department
issued its preliminary results, in which
it recalculated the weighted-average
dumping margins from the antidumping
investigation of frozen warmwater
shrimp from Thailand 1 by applying the
calculation methodology described in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin During an Antidumping
Investigation; Final Modification, 71 FR
77722 (Dec. 27, 2006). The Department
also invited interested parties to
comment on the preliminary results.
After receiving comments and rebuttal
comments from the interested parties,
the Department issued its final results
for the section 129 determination on
January 12, 2009.
On January 16, 2009, consistent with
section 129(b)(3) of the URAA, the
USTR held consultations with the
Department and the appropriate
congressional committees with respect
to this determination. Also on January
16, 2009, in accordance with sections
129(b)(4) and 129(c)(1)(B) of the URAA,
the USTR directed the Department to
implement in whole this determination.
Nature of the Proceedings
Section 129 of the URAA governs the
nature and effect of determinations
issued by the Department to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) provides
that ‘‘notwithstanding any provision of
the Tariff Act of 1930,’’ within 180 days
of a written request from the USTR, the
Department shall issue a determination
that would render its actions not
inconsistent with an adverse finding of
a WTO panel or the Appellate Body. See
19 U.S.C. 3538(b)(2). The Statement of
Administrative Action, URAA, H. Doc.
316, Vol. 1, 103d Cong. (1994) (SAA)
variously refers to such a determination
by the Department as a ‘‘new,’’
‘‘second,’’ and ‘‘different’’
determination. See SAA at 1025, 1027.
After consulting with the Department
and the appropriate congressional
committees, the USTR may direct the
Department to implement, in whole or
in part, the new determination made
under section 129. See 19 U.S.C.
3538(b)(4). Pursuant to section 129(c),
1 See 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 (Feb. 1, 2005) (Thai
Shrimp Order).
E:\FR\FM\30JAN1.SGM
30JAN1
5639
Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices
the new determination shall apply with
respect to unliquidated entries of the
subject merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date on
which the USTR directs the Department
to implement the new determination.
See 19 U.S.C. 3538(c). The new
determination is subject to judicial
review separate and apart from judicial
review of the Department’s original
determination. See 19 U.S.C.
1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs submitted by interested
parties to this proceeding are addressed
in the Final Results of Proceeding Under
Section 129 of the URAA. See the
January 12, 2009, ‘‘Issues and Decision
Memorandum for the Final Results’’
from Gary Taverman, Acting Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
dated January 12, 2009 (Issues and
Decision Memorandum), which is
hereby adopted by this notice. The
Issues and Decision Memorandum is on
file in the Central Records Unit (CRU),
room 1117 of the Department of
Commerce main building and can be
accessed directly at https://
ia.ita.doc.gov/download/section129/
full-129-index.html. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content. A list of the issues addressed in
the Issues and Decision Memorandum is
appended to this notice.
Final Antidumping Margins
The recalculated margins, unchanged
from the preliminary results, are as
follows:
Amended final
determination
(percent)
Manufacturer/Exporter
The Rubicon Group (Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods
Co., Ltd., Intersia Foods Co., Ltd., Phatthana Seafood Co., Ltd., S.C.C. Frozen Seafood Co., Ltd., Thailand
Fishery Cold Storage Public Co., Ltd., Thai International Seafoods Co., Ltd., and Wales & Co. Universe Limited) ......................................................................................................................................................................
Thai I-Mei Frozen Foods Co., Ltd. ..........................................................................................................................
The Union Frozen Products Co., Ltd. .....................................................................................................................
All Others .................................................................................................................................................................
1 de
5.91
5.29
6.82
5.95
1 1.94
1 1.81
5.34
5.34
minimis.
Implementation
mstockstill on PROD1PC66 with NOTICES
Re-calculated
margins
(percent)
On January 16, 2009, in accordance
with sections 129(b)(4) and 129(c)(1)(B)
of the URAA, the USTR directed the
Department to implement this
determination, effective January 16,
2009. Accordingly, we will instruct U.S.
Customs and Border Protection (CBP) to
terminate the suspension of liquidation
for all shipments of frozen warmwater
shrimp produced and exported by one
or more of the members of the Rubicon
Group (i.e., Andaman Seafood Co., Ltd.,
Chanthaburi Frozen Food Co., Ltd.,
Chanthaburi Seafoods Co., Ltd., Intersia
Foods Co., Ltd., Phatthana Seafood Co.,
Ltd., S.C.C. Frozen Seafood Co., Ltd.,
Thailand Fishery Cold Storage Public
Co., Ltd., Thai International Seafoods
Co., Ltd., and Wales & Co. Universe
Limited), as well as shipments of frozen
warmwater shrimp produced and
exported by Thai I-Mei Frozen Foods,
Co., Ltd., entered or withdrawn from
warehouse, for consumption on or after
the effective date of this determination.
Further, the Department will instruct
CBP to liquidate without regard to
antidumping duties (release all bonds
and refund all cash deposits) entries of
frozen warmwater shrimp produced and
exported by these entities, entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of this determination. Additionally,
the Department will instruct CBP to
change the ‘‘all-others’’ cash deposit rate
VerDate Nov<24>2008
16:54 Jan 29, 2009
Jkt 217001
from 5.95 percent ad valorem to 5.34
percent ad valorem.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation. This
determination is issued and published
in accordance with section 129(c)(2)(A)
of the URAA.
Dated: January 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
Issues Raised in the Issues and Decision
Memorandum
Comment 1: Whether the Department of
Commerce (the Department) Has the
Authority to Implement a Determination
Pursuant to Section 129 of the URAA
Comment 2: Whether the Preliminary Results
are Consistent with U.S. Law
Comment 3: Alternative Calculation
Methodologies
Comment 4: Effective Date of Implementation
Comment 5: The Rubicon Group Companies
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Subject to this Proceeding
[FR Doc. E9–2086 Filed 1–29–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Initiation
of New Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: January 30, 2009.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
a request for a new shipper review of
the antidumping duty order on
chlorinated isocyanurates from the
People’s Republic of China (‘‘PRC’’),
received on December 22, 2008, meets
the statutory and regulatory
requirements for initiation. The period
of review (‘‘POR’’) of this new shipper
review is June 1, 2008, through
November 30, 2008.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Charles Riggle AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Notices]
[Pages 5638-5639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2086]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Implementation of the Findings of the WTO Panel in United
States--Antidumping Measure on Shrimp From Thailand: Notice of
Determination Under Section 129 of the Uruguay Round Agreements Act and
Partial Revocation of the Antidumping Duty Order on Frozen Warmwater
Shrimp From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 12, 2009, the Department of Commerce (the
Department) issued a determination regarding the offsetting of dumped
sales with non-dumped sales when making average-to-average comparisons
of export price and normal value in the antidumping duty investigation
of certain frozen warmwater shrimp challenged by Thailand before the
World Trade Organization (WTO). On January 16, 2009, the U.S. Trade
Representative (USTR) instructed the Department to implement in whole
this determination under section 129 of the Uruguay Round Agreements
Act (URAA). The Department is now implementing this determination.
DATES: Effective Date: The effective date of this determination is
January 16, 2009.
FOR FURTHER INFORMATION CONTACT: Henry Almond or Shawn Thompson, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-0049
or (202) 482-1776, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2008, the Department advised interested parties
that it was initiating a proceeding under section 129 of the URAA to
issue a determination that would implement the findings of the WTO
dispute settlement panel in United States--Measures Relating to Shrimp
From Thailand, WT/DS343/R (Feb. 29, 2008). On November 21, 2008, the
Department issued its preliminary results, in which it recalculated the
weighted-average dumping margins from the antidumping investigation of
frozen warmwater shrimp from Thailand \1\ by applying the calculation
methodology described in Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin During an Antidumping Investigation;
Final Modification, 71 FR 77722 (Dec. 27, 2006). The Department also
invited interested parties to comment on the preliminary results. After
receiving comments and rebuttal comments from the interested parties,
the Department issued its final results for the section 129
determination on January 12, 2009.
---------------------------------------------------------------------------
\1\ See 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 (Feb. 1, 2005) (Thai Shrimp Order).
---------------------------------------------------------------------------
On January 16, 2009, consistent with section 129(b)(3) of the URAA,
the USTR held consultations with the Department and the appropriate
congressional committees with respect to this determination. Also on
January 16, 2009, in accordance with sections 129(b)(4) and
129(c)(1)(B) of the URAA, the USTR directed the Department to implement
in whole this determination.
Nature of the Proceedings
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) provides that ``notwithstanding any provision of the Tariff
Act of 1930,'' within 180 days of a written request from the USTR, the
Department shall issue a determination that would render its actions
not inconsistent with an adverse finding of a WTO panel or the
Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994)
(SAA) variously refers to such a determination by the Department as a
``new,'' ``second,'' and ``different'' determination. See SAA at 1025,
1027. After consulting with the Department and the appropriate
congressional committees, the USTR may direct the Department to
implement, in whole or in part, the new determination made under
section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c),
[[Page 5639]]
the new determination shall apply with respect to unliquidated entries
of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the date on which the USTR
directs the Department to implement the new determination. See 19
U.S.C. 3538(c). The new determination is subject to judicial review
separate and apart from judicial review of the Department's original
determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties to this proceeding are addressed in the Final
Results of Proceeding Under Section 129 of the URAA. See the January
12, 2009, ``Issues and Decision Memorandum for the Final Results'' from
Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, dated January 12, 2009
(Issues and Decision Memorandum), which is hereby adopted by this
notice. The Issues and Decision Memorandum is on file in the Central
Records Unit (CRU), room 1117 of the Department of Commerce main
building and can be accessed directly at https://ia.ita.doc.gov/
download/section129/full-129-index.html. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
A list of the issues addressed in the Issues and Decision Memorandum is
appended to this notice.
Final Antidumping Margins
The recalculated margins, unchanged from the preliminary results,
are as follows:
------------------------------------------------------------------------
Amended final Re-calculated
Manufacturer/Exporter determination margins
(percent) (percent)
------------------------------------------------------------------------
The Rubicon Group (Andaman Seafood Co., 5.91 \1\ 1.94
Ltd., Chanthaburi Frozen Food Co.,
Ltd., Chanthaburi Seafoods Co., Ltd.,
Intersia Foods Co., Ltd., Phatthana
Seafood Co., Ltd., S.C.C. Frozen
Seafood Co., Ltd., Thailand Fishery
Cold Storage Public Co., Ltd., Thai
International Seafoods Co., Ltd., and
Wales & Co. Universe Limited)..........
Thai I-Mei Frozen Foods Co., Ltd........ 5.29 \1\ 1.81
The Union Frozen Products Co., Ltd...... 6.82 5.34
All Others.............................. 5.95 5.34
------------------------------------------------------------------------
\1\ de minimis.
Implementation
On January 16, 2009, in accordance with sections 129(b)(4) and
129(c)(1)(B) of the URAA, the USTR directed the Department to implement
this determination, effective January 16, 2009. Accordingly, we will
instruct U.S. Customs and Border Protection (CBP) to terminate the
suspension of liquidation for all shipments of frozen warmwater shrimp
produced and exported by one or more of the members of the Rubicon
Group (i.e., Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co.,
Ltd., Chanthaburi Seafoods Co., Ltd., Intersia Foods Co., Ltd.,
Phatthana Seafood Co., Ltd., S.C.C. Frozen Seafood Co., Ltd., Thailand
Fishery Cold Storage Public Co., Ltd., Thai International Seafoods Co.,
Ltd., and Wales & Co. Universe Limited), as well as shipments of frozen
warmwater shrimp produced and exported by Thai I-Mei Frozen Foods, Co.,
Ltd., entered or withdrawn from warehouse, for consumption on or after
the effective date of this determination. Further, the Department will
instruct CBP to liquidate without regard to antidumping duties (release
all bonds and refund all cash deposits) entries of frozen warmwater
shrimp produced and exported by these entities, entered, or withdrawn
from warehouse, for consumption on or after the effective date of this
determination. Additionally, the Department will instruct CBP to change
the ``all-others'' cash deposit rate from 5.95 percent ad valorem to
5.34 percent ad valorem.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with section
129(c)(2)(A) of the URAA.
Dated: January 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Issues Raised in the Issues and Decision Memorandum
Comment 1: Whether the Department of Commerce (the Department) Has
the Authority to Implement a Determination Pursuant to Section 129
of the URAA
Comment 2: Whether the Preliminary Results are Consistent with U.S.
Law
Comment 3: Alternative Calculation Methodologies
Comment 4: Effective Date of Implementation
Comment 5: The Rubicon Group Companies Subject to this Proceeding
[FR Doc. E9-2086 Filed 1-29-09; 8:45 am]
BILLING CODE 3510-DS-P
