Certain Frozen Warmwater Shrimp from Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 28665-28666 [E9-14244]

Download as PDF Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices dwashington3 on PROD1PC60 with NOTICES several entries. See memorandum from Melissa Skinner, Office Director, Office 3, AD/CVD Operations, to David M. Genovese, Director, AD/CVD/Revenue Policy & Programs, Office of International Trade, U.S. Customs and Border Protection, dated December 9, 2008 (Entry Documentation Request). On January 26, 2009, the Department received the requested entry documentation. See memorandum from Tom Futtner, Customs Unit, to Melissa Skinner, dated January 2, 2009 (Entry Documentation). On March 27, 2009, the Department determined that Dongkuk’s claim of no shipments was corroborated using the entry documentation. See memorandum from Christopher Hargett, International Trade Compliance Analyst, Office 3, through James Terpstra, Program Manager, Office 3, to Melissa Skinner, Office Director, Office 3, Import Administration, dated March 27, 2009. On April 14, we published the Preliminary Rescission with respect to Dongkuk, and invited interested parties to comment. See Preliminary Rescission, at 17160. A complete description of the order on corrosion–resistant carbon steel flat products from Korea is contained in the Preliminary Rescission. We received no comments. Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise by that producer. Dongkuk submitted a letter on October 20, 2008, certifying that it did not have sales of subject merchandise to the United States during the POR. The petitioners, United States Steel Corporation, Nucor Corporation, and Mittal Steel USA ISG, Inc., did not comment on Dongkuk’s no–shipment claim. As noted, we conducted an internal customs data query on October 2, 2008, as part of the selection of respondents for individual review. See CBP Data. The data query showed several questionable entries, of which the Department requested entry documents. See Entry Documentation Request. The documentation showed that the questionable entries from the CBP data were not produced by Dongkuk. See Entry Documentation. Based on our analysis of the shipment data, Dongkuk is a non–shipper for this review. See No Shipment Analysis. Therefore, in accordance with 19 CFR 351.213(d)(3), and consistent with our VerDate Nov<24>2008 17:29 Jun 16, 2009 Jkt 217001 practice, we are rescinding this review with respect to Dongkuk. See, e.g., Stainless Steel Bar From India; Final Results of Antidumping Duty Administrative Review and New Shipper Review and Partial Rescission of Administrative Review, 65 FR 48965, 48966 (August 10, 2000). 28665 Background for the period of review (POR) February 1, 2008, through January 31, 2009. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 74 FR 6013 (February 4, 2009). The Department received a timely request from the Ad Hoc Shrimp Trade Action Committee (Domestic Producers) in accordance with 19 CFR 351.213(b), for an administrative review of the antidumping duty order on certain frozen warmwater shrimp from Brazil. On April 7, 2009, the Department published a notice of initiation of an administrative review of the antidumping duty order on certain frozen warmwater shrimp from Brazil with respect to 43 companies. See Certain Frozen Warmwater Shrimp from Brazil, India and Thailand: Notice of Initiation of Administrative Reviews, 74 FR 15699 (April 7, 2009) (Initiation Notice). The Department stated in its initiation of this review that it intended to rely on U.S. Customs and Border Protection (CBP) data to select respondents. See Initiation Notice. However, our review of the CBP database showed no entries of certain frozen warmwater shrimp originating in Brazil, subject to AD/CVD duties, during the period February 1, 2008, to January 31, 2009. See April 9, 2009, Memorandum to the File from Kate Johnson entitled ‘‘Release of POR Entry Data from CBP.’’ We released the results of our CBP data query to interested parties and invited them to comment on the CBP data and respondent selection. On May 1, 2009, the Domestic Producers submitted comments, which we addressed in the June 10, 2009, Memorandum to James Maeder, Director, Office 2, AD/CVD Operations from Kate Johnson and Rebecca Trainor, Senior Case Analysts, Office 2, AD/CVD Operations, entitled ‘‘Intent to Rescind Administrative Review.’’ On May 8, 2009, we sent a ‘‘No Shipments Inquiry’’ to CBP to confirm that there were no shipments or entries of frozen warmwater shrimp from Brazil during the POR. We received no information from CBP to contradict the results of our data query that there were no shipments or entries of subject merchandise to the United States during the POR. On February 4, 2009, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain frozen warmwater shrimp from Brazil Rescission of Review Section 351.213(d)(3) of the Department’s regulations stipulates that the Secretary may rescind an administrative review if there were no entries, exports, or sales of the subject merchandise during the POR. As there Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the 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. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: June 11, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–14243 Filed 6–16–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–838] Certain Frozen Warmwater Shrimp from Brazil: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 17, 2009 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: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1 28666 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices were no entries, exports, or sales of the subject merchandise during the POR, we are rescinding this review of the antidumping duty order on certain frozen warmwater shrimp from Brazil pursuant to 19 CFR 351.213(d)(3). We intend to issue assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: June 10, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–14244 Filed 6–16–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Assessment of the Transition of the Technical Coordination and Management of the Internet’s Domain Name and Addressing System dwashington3 on PROD1PC60 with NOTICES AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice, Ex Parte Clarification. SUMMARY: On April 24, 2009, the National Telecommunications and Information Administration (NTIA) published a Notice in the Federal Register on the Assessment of the Transition of the Technical Coordination and Management of the Internet’s Domain Name and Addressing System (Docket No. 090420688–968– 01). This Notice provides clarification regarding ex parte procedures associated with this public comment process, specifically as it relates to members of Congress, their staff, foreign government officials and officials of intergovernmental organizations. ADDRESSES: U.S. Department of Commerce, National Telecommunications and Information Administration, 1401 Constitution Avenue, N.W., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Fiona M. Alexander (202) 482–1866 or falexander@ntia.doc.gov. SUPPLEMENTARY INFORMATION: On April 24, 2009, the National Telecommunications and Information Administration (NTIA) published a Notice in the Federal Register seeking comment regarding the upcoming expiration of the Joint Project VerDate Nov<24>2008 17:29 Jun 16, 2009 Jkt 217001 Agreement (JPA) with the Internet Corporation for Assigned Names and Numbers (ICANN). 74 Fed. Reg. 18,688 (April 24, 2009). This agreement has been in existence since November 25, 1998, and is scheduled to expire on September 30, 2009. As stated in the Notice, any oral presentation to NTIA regarding the substance of this proceeding will be considered an ex parte presentation, and the substance of the discussion will be placed on the public record and become a part of this docket. No later than two (2) business days after an oral presentation or meeting, an interested party must submit a memorandum to NTIA, which summarizes the substance of the communication. Any written presentations provided in support of the oral communication or meeting also will be placed on the public record and become a part of this docket. Meetings and other interactions with members of Congress, their staff, foreign governmental officials or with officials of intergovernmental organizations regarding matters within the scope of this proceeding (including the expiration of the JPA) shall not be considered ex parte communications, which trigger the reporting requirements set forth above. The issues that are the subject of this proceeding, by their nature, require extensive consultation with foreign government officials/staff and officials/staff of intergovernmental organizations, as well as with officials and staff from other Federal agencies, Congress, and the Executive Office of the President. The clarification set forth above accords communications with members of Congress, their staff, foreign governmental officials and officials of intergovernmental organizations the same treatment for ex parte purposes as is accorded communications with officials or staff from any Federal Government agency or the Executive Office of the President. Dated: June 11, 2009. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. E9–14201 Filed 6–16–09; 8:45 am] BILLING CODE 3510–60–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XP81 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: NOAA’s National Marine Fisheries Service (NMFS), National PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Oceanic and Atmospheric Administration (NOAA), U. S. Department of Commerce. ACTION: Notice of receipt of a permit application; request for comments. SUMMARY: Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from Thomas R. Payne and Associates (TRPA) in Arcata, California. The requested permit would affect the endangered Southern California Coast Distinct Population Segment of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application. DATES: Written comments on the permit application must be received at the appropriate address or fax number July 17, 2009. ADDRESSES: Written comments on the permit application should be sent to Matt McGoogan, Protected Resources Division, NMFS, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments may also be sent using email (FRNpermits.lb@noaa.gov) or fax (562– 980–4027). The permit application is available for review, by appointment, at the foregoing address and is also available for review online at the Authorizations and Permits for Protected Species website at https:// apps.nmfs.noaa.gov. FOR FURTHER INFORMATION CONTACT: Matt McGoogan at phone number (562–980– 4026) or e-mail: matthew.mcgoogan@noaa.gov SUPPLEMENTARY INFORMATION: Authority Issuance of permits, as required by the Endangered Species Act of 1973 (16 U.S.C. 1531B1543) (ESA), is based on a finding that such permits: (1) are applied for in good faith; (2) would not operate to the disadvantage of the listed species which are the subject of the permits; and (3) are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits are issued in accordance with and are subject to the ESA and NMFS regulations governing listed fish and wildlife permits (50 CFR parts 222–226). Those individuals requesting a hearing on an application listed in this notice should provide the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). The holding of such a E:\FR\FM\17JNN1.SGM 17JNN1

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[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28665-28666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14244]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838]


Certain Frozen Warmwater Shrimp from Brazil: Notice of Rescission 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 17, 2009

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:

Background

    On February 4, 2009, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil for the period of review (POR) February 1, 
2008, through January 31, 2009. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 6013 (February 4, 2009). The Department 
received a timely request from the Ad Hoc Shrimp Trade Action Committee 
(Domestic Producers) in accordance with 19 CFR 351.213(b), for an 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil. On April 7, 2009, the Department 
published a notice of initiation of an administrative review of the 
antidumping duty order on certain frozen warmwater shrimp from Brazil 
with respect to 43 companies. See Certain Frozen Warmwater Shrimp from 
Brazil, India and Thailand: Notice of Initiation of Administrative 
Reviews, 74 FR 15699 (April 7, 2009) (Initiation Notice).
    The Department stated in its initiation of this review that it 
intended to rely on U.S. Customs and Border Protection (CBP) data to 
select respondents. See Initiation Notice. However, our review of the 
CBP database showed no entries of certain frozen warmwater shrimp 
originating in Brazil, subject to AD/CVD duties, during the period 
February 1, 2008, to January 31, 2009. See April 9, 2009, Memorandum to 
the File from Kate Johnson entitled ``Release of POR Entry Data from 
CBP.'' We released the results of our CBP data query to interested 
parties and invited them to comment on the CBP data and respondent 
selection. On May 1, 2009, the Domestic Producers submitted comments, 
which we addressed in the June 10, 2009, Memorandum to James Maeder, 
Director, Office 2, AD/CVD Operations from Kate Johnson and Rebecca 
Trainor, Senior Case Analysts, Office 2, AD/CVD Operations, entitled 
``Intent to Rescind Administrative Review.''
    On May 8, 2009, we sent a ``No Shipments Inquiry'' to CBP to 
confirm that there were no shipments or entries of frozen warmwater 
shrimp from Brazil during the POR. We received no information from CBP 
to contradict the results of our data query that there were no 
shipments or entries of subject merchandise to the United States during 
the POR.

Rescission of Review

    Section 351.213(d)(3) of the Department's regulations stipulates 
that the Secretary may rescind an administrative review if there were 
no entries, exports, or sales of the subject merchandise during the 
POR. As there

[[Page 28666]]

were no entries, exports, or sales of the subject merchandise during 
the POR, we are rescinding this review of the antidumping duty order on 
certain frozen warmwater shrimp from Brazil pursuant to 19 CFR 
351.213(d)(3). We intend to issue assessment instructions to CBP 15 
days after the date of publication of this notice of rescission of 
administrative review.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: June 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-14244 Filed 6-16-09; 8:45 am]
BILLING CODE 3510-DS-S