Certain Frozen Warmwater Shrimp From Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 47551-47555 [E9-22335]
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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
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prior to the meeting at 202–376–8105.
TDD: (202) 376–8116.
Dated: September 14, 2009.
David Blackwood,
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[FR Doc. E9–22438 Filed 9–14–09; 4:15 pm]
BILLING CODE 6335–01–P
Dated: September 11, 2009.
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Information Officer.
[FR Doc. E9–22301 Filed 9–15–09; 8:45 am]
DEPARTMENT OF COMMERCE
srobinson on DSKHWCL6B1PROD with NOTICES
Submission for OMB Review;
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17:40 Sep 15, 2009
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–549–822
Certain Frozen Warmwater Shrimp
From Thailand: Final Results and
Partial Rescission of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2009, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
Thailand. This review covers 135 1
producers/exporters of the subject
merchandise to the United States. The
POR is February 1, 2007, through
January 31, 2008.
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations for Andaman Seafood Co.,
Ltd. (Andaman), Wales & Co. Universe
Limited, Chanthaburi Frozen Food Co.,
Ltd. (CFF), Chanthaburi Seafoods Co.,
Ltd. (CSF), Intersia Foods Co., Ltd.
(formerly Y2K Frozen Foods Co., Ltd.),
Phattana Seafood Co., Ltd. (PTN),
Phattana Frozen Food Co., Ltd. (PFF),
S.C.C. Frozen Seafood Co., Ltd.,
Thailand Fishery Cold Storage Public
Co., Ltd. (TFC), Thai International
Seafoods Co., Ltd. (TIS), and Sea Wealth
Frozen Food Co., Ltd. (Sea Wealth)
(collectively, the Rubicon Group), and
1 This figure excludes Euro-Asian International
Seafoods Co., Ltd. (Euro-Asian), a member of the
Rubicon Group, the company for which we are
rescinding the review due to the fact that it made
no shipments of the subject merchandise during the
period of review (POR). See ‘‘Partial Rescission of
Review’’ section, below.
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47551
Pakfood Public Company Limited and
its affiliates, Asia Pacific (Thailand)
Company, Limited, Chaophraya Cold
Storage Company Limited, Okeanos
Company Limited, Okeanos Food
Company, Limited, and Takzin Samut
Company, Limited (collectively,
Pakfood), producer/exporters selected
for individual review. Therefore, the
final results for the Rubicon Group and
Pakfood differ from the preliminary
results. The final weighted–average
dumping margins for the reviewed firms
are listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: September 16, 2009.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or David Goldberger, 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–
4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 135 producers/
exporters. The respondents which the
Department selected for individual
review are the Rubicon Group and
Pakfood. The respondents which were
not selected for individual review are
listed in the ‘‘Final Results of Review’’
section of this notice.
On March 9, 2009, the Department
published in the Federal Register the
preliminary results of the 2007–2008
administrative review of the
antidumping duty order on shrimp from
Thailand. See Certain Frozen
Warmwater Shrimp from Thailand:
Preliminary Results of Antidumping
Duty Administrative Review, 74 FR
10000 (March 9, 2009) (Preliminary
Results). We invited parties to comment
on those preliminary results.
We conducted the cost verification of
CFF, a member of the Rubicon Group,
from February 9 through February 13,
2009, the sales verification of CFF from
March 23 through March 25, 2009, and
the verification of Rubicon Resources,
the Rubicon Group’s U.S. affiliate, from
March 30 through April 1, 2009.
On April 8, 2009, the domestic
processors of frozen warmwater shrimp
(i.e., The American Shrimp Processors
Association, hereafter ‘‘domestic
processors’’), an interested party in this
proceeding, requested that a public
hearing be held in this proceeding. On
May 13, 2009, the domestic processors
withdrew their hearing request.
In May 2009, we received case briefs
from the domestic producers of the
subject merchandise (i.e., the Ad Hoc
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Shrimp Trade Action Committee), the
respondents selected for individual
review, the Rubicon Group and Pakfood,
the domestic processors, and Thai I–Mei
Frozen Foods Co., Ltd. (Thai I–Mei), a
producer/exporter not selected for
individual review. Rebuttal briefs were
received from the domestic producers,
the Rubicon Group, Pakfood, and Thai
I–Mei.
In May 2009, we extended the
deadline for the final results, due no
later than September 8, 2009. See
Certain Frozen Warmwater Shrimp from
Thailand: Notice of Extension of Time
Limit for the Final Results of the Third
Administrative Review, 74 FR 25705
(May 29, 2009).
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
srobinson on DSKHWCL6B1PROD with NOTICES
Scope of the Order
The scope of this order includes
certain frozen warmwater shrimp and
prawns, whether wild–caught (ocean
harvested) or farm–raised (produced by
aquaculture), head–on or head–off,
shell–on or peeled, tail–on or tail–off,2
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
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), 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, 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).
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this 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 this order.
Excluded from the scope are: 1)
breaded shrimp and prawns (HTSUS
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
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); 4) shrimp and prawns in
prepared meals (HTSUS subheading
1605.20.05.10); 5) dried shrimp and
prawns; 6) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); 7) certain dusted
shrimp; and 8) certain battered shrimp.
Dusted 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 constituting between
four and 10 percent of the product’s
total weight after being dusted, but prior
to being frozen; and 5) that is subjected
to IQF freezing immediately after
application of the dusting layer.
Battered shrimp is a shrimp–based
product that, when dusted in
accordance with the definition of
dusting above, is 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 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, and 1605.20.10.30. These
HTSUS 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.
Period of Review
The POR is February 1, 2007, through
January 31, 2008.
Partial Rescission of Review
In February 2007, the Department
received a timely request, in accordance
with 19 CFR 351.213(b)(1), from the
domestic producers and the Louisiana
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Shrimp Association, a domestic
interested party, to conduct a review of
Euro–Asian. The Department initiated a
review of this company on April 7,
2008. See Certain Frozen Warmwater
Shrimp from Brazil, Ecuador, India, and
Thailand: Notice of Initiation of
Administrative Reviews, 73 FR 18754
(April 7, 2008). However, the Rubicon
Group’s July 14, 2008, Section A
questionnaire response at pages A–27
A–28, indicates that Euro–Asian is not
a producer and/or exporter of the
subject merchandise. We confirmed that
Euro–Asian had no shipments of subject
merchandise during the POR using U.S.
Customs and Border Protection (CBP)
data. Therefore, because Euro–Asian
had no shipments of subject
merchandise to the United States during
the POR, in accordance with 19 CFR
351.213(d)(3), and consistent with the
Department’s practice, we are
rescinding our review with respect to
this company. See, e.g., Certain Frozen
Warmwater Shrimp from Thailand:
Final Results and Final Partial
Rescission of Antidumping Duty
Administrative Review, 72 FR 52065,
52067 (September 12, 2007); and
Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission
of Antidumping Duty Administrative
Review in Part, and Determination To
Revoke in Part, 70 FR 67665, 67666
(November 8, 2005).
Cost of Production
As discussed in the Preliminary
Results, we conducted a sales below
cost investigation to determine whether
Pakfood and the Rubicon Group made
home market and third country sales,
respectively, of the foreign like product
during the POR at prices below their
costs of production (COP) within the
meaning of section 773(b)(1) of the Act.
For both respondents, we performed the
cost test for these final results following
the same methodology as in the
Preliminary Results.
We found 20 percent or more of each
respondent’s sales of a given product
during the reporting period were at
prices less than the weighted–average
COP for this period. Thus, we
determined that these below–cost sales
were made in ‘‘substantial quantities’’
within an extended period of time and
at prices which did not permit the
recovery of all costs within a reasonable
period of time in the normal course of
trade. See sections 773(b)(2)(B) - (D) of
the Act.
Therefore, for purposes of these final
results, we find that Pakfood and the
Rubicon Group made below–cost sales
not in the ordinary course of trade.
Consequently, we disregarded these
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sales for each respondent and used the
remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review,
and to which we have responded, are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum (the Decision Memo),
which is adopted by this notice. Parties
can find a complete discussion of all
issues raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit, HCHB Room
1117, of the main Department building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
. The paper copy and electronic version
of the Decision Memo are identical in
content.
srobinson on DSKHWCL6B1PROD with NOTICES
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations for Pakfood and the
Rubicon Group. These changes are
discussed in the relevant sections of the
Decision Memo.
In addition, we have changed our
calculation of the cash deposit and
assessment rates applicable to the
companies not selected for individual
examination to reflect the simple
average of the margins calculated for the
respondents selected for individual
examination in this review, rather than
the weighted average of these margins,
excluding de minimis margins or
margins based entirely on facts available
(FA). This is consistent with our current
practice with respect to the calculation
of the cash deposit and assessment rates
applicable to non–mandatory
respondents in cases such as the instant
one, where there are only two
mandatory respondents with above de
minimis margins, or margins based
entirely upon FA. See Ball Bearings and
Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom:
Preliminary Results of Antidumping
Duty Administrative Reviews and Intent
to Rescind Reviews in Part, 73 FR
25654, 25655 (May 7, 2008); unchanged
in Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the
United Kingdom: Final Results of
Antidumping Duty Administrative
Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11,
2008).
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Final Results of Review
Manufacturer/Exporter
We determine that weighted–average
dumping margins exist for the
respondents for the period February 1,
2007, through January 31, 2008, as
follows:
Manufacturer/Exporter
Percent Margin
Pakfood Public Company Limited / Asia
Pacific (Thailand)
Company Limited /
Chaophraya Cold
Storage Company
Limited/ Okeanos
Company Limited/
Okeanos Food Company, Limited/ and
Takzin Samut Company Limited (collectively, Pakfood) .........
Andaman Seafood Co.,
Ltd. / Chanthaburi
Frozen Food Co., Ltd.
/ Chanthaburi Seafoods Co., Ltd.
/Intersia Foods Co.,
Ltd. (formerly Y2K
Frozen Foods Co.,
Ltd.)/ Phattana Seafood Co., Ltd. /
Phattana Frozen
Food Co., Ltd.
/S.C.C. Frozen Seafood Co., Ltd./Sea
Wealth Frozen Food
Co. Ltd. / Thailand
Fishery Cold Storage
Public Co., Ltd. / Thai
International Seafoods Co., Ltd.
/Wales & Co. Universe Limited (collectively, the Rubicon
Group) .......................
4.61
4.80
Review–Specific Average Rate
Applicable to the Following
Companies:3
Manufacturer/Exporter
ACU Transport Co., Ltd.
Ampai Frozen Food
Co., Ltd. ....................
A.S. Intermarine Foods
Co., Ltd .....................
Asian Seafoods
Coldstorage Public
Co., Ltd. ....................
Asian Seafoods
Coldstorage
(Suratthani) Co., Ltd.
Assoc. Commercial
Systems ....................
A. Wattanachai Frozen
Products Co., Ltd. .....
4.71
4.71
4.71
4.71
4.71
4.71
4.71
3 This rate is based on the simple average of the
margins calculated for those companies selected for
individual examination, excluding de minimis
margins or margins based entirely on FA, as
discussed above.
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Bangkok Dehydrated
Marine Product Co.,
Ltd. ............................
Bright Sea Co., Ltd. ......
C P Mdse ......................
C Y Frozen Food Co.,
Ltd. ............................
Chaiwarut Co., Ltd. .......
Chaivaree Marine Products Co., Ltd. .............
Charoen Pokphand
Foods Public Co.,
Ltd. ............................
Chue Eie Mong Eak
Ltd. Part. ...................
Core Seafood Processing Co., Ltd. .........
Crystal Seafood ............
Daedong (Thailand) Co.
Ltd. ............................
Daiei Taigen (Thailand)
Co., Ltd. ....................
Daiho (Thailand) Co.,
Ltd. ............................
Earth Food Manufacturing Co., Ltd. ..........
F.A.I.T. Corporation
Limited .......................
Far East Cold Storage
Co., Ltd. ....................
Findus (Thailand) Ltd. ..
Fortune Frozen Foods
(Thailand) Co., Ltd. ...
Frozen Marine Products
Co., Ltd. ....................
Gallant Ocean (Thailand) Co., Ltd. ...........
Gallant Ocean Seafood
Corporation ...............
Good Fortune Cold
Storage Co., Ltd. .......
Good Luck Product Co.,
Ltd. ............................
Gulf Coast Crab Intl ......
H.A.M. International
Co., Ltd. ....................
Heng Seafood Limited
Partnership ................
Heritrade Co., Ltd. ........
HIC (Thailand) Co., Ltd.
I.T. Foods Industries
Co., Ltd. ....................
Inter–Oceanic Resources Co., Ltd. .......
Inter–Pacific Marine
Products Co., Ltd. .....
K .D. Trading Co., Ltd.
K Fresh .........................
KF Foods ......................
K.L. Cold Storage Co.,
Ltd. ............................
Kiang Huat Sea Gull
Trading Frozen Food
Public Co., Ltd. .........
Kingfisher Holdings Ltd.
Kibun Trdg ....................
Klang Co., Ltd. ..............
Kitchens of the Ocean
(Thailand) Ltd. ...........
Kongphop Frozen
Foods Co., Ltd. .........
Kosamut Frozen Foods
Co., Ltd. ....................
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srobinson on DSKHWCL6B1PROD with NOTICES
Manufacturer/Exporter
Manufacturer/Exporter
Lee Heng Seafood Co.,
Ltd. ............................
Leo Transports .............
Maersk Line ..................
Magnate & Syndicate
Co., Ltd. ....................
Mahachai Food Processing Co., Ltd. .........
Marine Gold Products
Limited .......................
May Ao Co., Ltd. ..........
May Ao Foods Co., Ltd.
N&N Foods Co., Ltd. ....
Namprik Maesri Ltd.
Part. ...........................
Narong Seafood Co.,
Ltd. ............................
Ongkorn Cold Storage
Co., Ltd. ....................
Pacific Queen Co., Ltd.
Penta Impex Co., Ltd. ..
Pinwood Nineteen Ninety Nine .......................
Piti Seafoods Co., Ltd.
Premier Frozen Products Co., Ltd. .............
Preserved Food Specialty Co., Ltd. ...........
Rayong Coldstorage
(1987) Co., Ltd. .........
S&D Marine Products
Co., Ltd. ....................
S&P Aquarium ..............
S&P Syndicate Public
Company Ltd. ............
S. Chaivaree Cold Storage Co., Ltd. .............
S. Khonkaen Food Industry Public Co., Ltd.
SMP Foods Products
Co., Ltd. ....................
Samui Foods Company
Limited .......................
Sea Bonanza Food Co.,
Ltd. ............................
Seafoods Enterprise
Co., Ltd. ....................
Seafresh Fisheries ........
Seafresh Industry Public
Co., Ltd. ....................
Siam Food Supply Co.,
Ltd. ............................
Siam Intersea Co., Ltd.
Siam Marine Products
Co. Ltd. .....................
Siam Ocean Frozen
Foods Co. Ltd. ..........
Siam Union Frozen
Foods ........................
Siamchai International
Food Co., Ltd. ...........
Southport Seafood ........
STC Foodpak Ltd. ........
Suntechthai Intertrading
Co., Ltd. ....................
Surapon Foods Public
Co., Ltd. ....................
Surapon Nichirei Foods
Co., Ltd. ....................
Surapon Seafood ..........
Suratthani Marine Products Co., Ltd. .............
Suree Interfoods Co.,
Ltd. ............................
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17:40 Sep 15, 2009
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Jkt 217001
T.S.F. Seafood Co., Ltd.
Tanaya International
Co., Ltd. ....................
Teppitak Seafood Co.,
Ltd. ............................
Tey Seng Cold Storage
Co., Ltd. ....................
Thai–Ger Marine Co.,
Ltd. ............................
Thai Agri Foods Public
Co., Ltd. ....................
Thai I–Mei Frozen
Foods Co., Ltd. .........
Thai Mahachai Seafood
Products Co., Ltd. .....
Thai Ocean Venture
Co., Ltd. ....................
Thai Patana Frozen ......
Thai Prawn Culture
Center Co., Ltd. ........
Thai Royal Frozen Food
Co. Ltd. .....................
Thai Spring Fish Co.,
Ltd. ............................
Thai Union Frozen
Products Public Co.,
Ltd. ............................
Thai Union Seafood
Co., Ltd. ....................
Thai Yoo Ltd., Part. ......
The Siam Union Frozen
Food Co., Ltd. ...........
The Union Frozen Products Co., Ltd. .............
Trang Seafood Products
Public Co., Ltd. .........
Transamut Food Co.,
Ltd. ............................
Tung Lieng Trdg ...........
United Cold Storage
Co., Ltd. ....................
V Thai Food Product ....
Xian–Ning Seafood Co.,
Ltd. ............................
Yeenin Frozen Foods
Co., Ltd. ....................
YHS Singapore Pte ......
ZAFCO TRDG ..............
4.71
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4.71
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
For those sales where Pakfood and the
Rubicon Group reported the entered
value of their U.S. sales, we have
calculated importer–specific ad valorem
duty assessment rates based on the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the
examined sales for that importer. For
those sales where the respondents did
not report the entered value of their U.S.
sales, we have calculated importer–
specific or customer–specific per–unit
duty assessment rates by aggregating the
total amount of antidumping duties
calculated for the examined sales and
dividing this amount by the total
quantity of those sales. With respect to
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
the respondents’ U.S. sales of shrimp
with sauce, for which no entered value
was reported, we have included the
total quantity of the merchandise with
sauce in the denominator of the
calculation of the importer–specific or
customer–specific rate because CBP will
apply the per–unit duty rate to the total
quantity of merchandise entered,
including the sauce weight. To
determine whether the duty assessment
rates are de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we have calculated
importer–specific or customer–specific
ad valorem ratios based on the
estimated entered value.
For the companies which were not
selected for individual review, we have
calculated an assessment rate based on
the simple average of the cash deposit
rates calculated for the companies
selected for individual review excluding
any which are de minimis or
determined entirely on FA.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer–specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., at or
above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent). See 19 CFR
351.106(c)(1). The Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate established in the LTFV
investigation if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
E:\FR\FM\16SEN1.SGM
16SEN1
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: 1) the
cash deposit rates for each specific
company listed above4 will be the rates
shown above, except if the rate is less
than 0.50 percent, and therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; 2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; 3) if the exporter is not a firm
covered in this review, a prior review,
or the original LTFV investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; and 4) the cash
deposit rate for all other manufacturers
or exporters will be 5.34 percent, the
all–others rate made effective by the
Section 129 Determination. These
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility,
under 19 CFR 351.402(f)(2), to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
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.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Federal Advisory Panel, has been
renewed. The charter is available for
review on the following Web site:
https://www.nauticalcharts.noaa.gov/
ocs/hsrp/charter.htm.
DATE AND TIME: No comments are
solicited through this notice.
FOR FURTHER INFORMATION CONTACT:
Rebecca Arenson, Office of Coast
Survey, National Ocean Service (NOS),
NOAA (N/CS), 1315 East West Highway,
Silver Spring, Maryland, 20910;
Telephone: 301–713–2780 x158, Fax:
301–713–4019; E-mail:
Rebecca.Arenson@noaa.gov.
Appendix Issues in Decision Memo
SUPPLEMENTARY INFORMATION:
General Comments:
Comment 1: Offsetting of Negative
Margins
Comment 2: Using CBP Data for
Respondent Selection
Comment 3: Restricting Count–Size
Comparisons Under the Model–
Matching Methodology
Comment 4: Assessment Rate Assigned
to Companies Receiving the Review–
Specific Average Rate
Company-Specific Comments:
Pakfood
Comment 5: Treatment of DDP Interest
Income Earned by Pakfood
Comment 6: Application of Pakfood’s
Final Antidumping Duty Margin to its
100 Percent–Owned Subsidiaries
The Rubicon Group
Comment 7: Interest Income Offset to
Financial Expenses
Comment 8: CEP Offset
Comment 9: Calculation of U.S.
Warehousing and Inventory Carrying
Costs
Comment 10: Inadvertent Errors in the
Draft Cash Deposit and Liquidation
Instructions
[FR Doc. E9–22335 Filed 9–15–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
srobinson on DSKHWCL6B1PROD with NOTICES
4 Effective
January 16, 2009, there is no longer a
cash deposit requirement for certain producers/
exporters in accordance with the 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, 74 FR
5638 (January 30, 2009) (Section 129
Determination). These producers/exporters are as
follows: Andaman Seafood Co., Ltd., Chanthaburi
Frozen Food Co., Ltd., Chanthaburi Seafoods Co.,
Ltd., Intersia Foods Co., Ltd. (formerly Y2K Frozen
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., Wales & Co. Universe Limited,
and Thai I-Mei Frozen Foods Co., Ltd.
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
47555
National Oceanic and Atmospheric
Administration
Hydrographic Services Review Panel
Charter Renewal
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of Hydrographic Services
Review Panel Charter Renewal.
AGENCY:
SUMMARY: The charter for NOAA’s
Hydrographic Services Review Panel, a
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
The
charter for NOAA’s Hydrographic
Services Review Panel has been
renewed. The charter is available for
review on the following Web site:
https://www.nauticalcharts.noaa.gov/
ocs/hsrp/charter.htm.
The charter has been renewed in
accordance with the Federal Advisory
Committee Act, 5 U.S.C. (as amended),
Section 14(b)(1)(2) which states, ‘‘Any
advisory committee established by an
Act of Congress shall file a charter in
accordance with such section upon the
expiration of each successive two-year
period following the date of enactment
of the Act establishing such advisory
committee.’’
Dated: August 19, 2009.
Steven Barnum,
Director, Office of Coast Survey, National
Ocean Service, National Oceanic and
Atmospheric Administration.
[FR Doc. E9–22324 Filed 9–15–09; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–059]
Pressure Sensitive Plastic Tape From
Italy: Notice of Initiation of
Antidumping Duty Changed
Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES:
Effective Date: September 16,
2009.
SUMMARY: In response to a request from
Evotape Packaging S.r.l. (Evotape
Packaging), a producer/exporter of
pressure sensitive plastic tape from
Italy, and pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.216 and
351.221(c)(3), the Department is
initiating a changed circumstances
review of the antidumping duty finding
E:\FR\FM\16SEN1.SGM
16SEN1
]]>Agencies
[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47551-47555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-549-822
Certain Frozen Warmwater Shrimp From Thailand: Final Results and
Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain frozen warmwater shrimp (shrimp) from
Thailand. This review covers 135 \1\ producers/exporters of the subject
merchandise to the United States. The POR is February 1, 2007, through
January 31, 2008.
---------------------------------------------------------------------------
\1\ This figure excludes Euro-Asian International Seafoods Co.,
Ltd. (Euro-Asian), a member of the Rubicon Group, the company for
which we are rescinding the review due to the fact that it made no
shipments of the subject merchandise during the period of review
(POR). See ``Partial Rescission of Review'' section, below.
---------------------------------------------------------------------------
Based on our analysis of the comments received, we have made
certain changes in the margin calculations for Andaman Seafood Co.,
Ltd. (Andaman), Wales & Co. Universe Limited, Chanthaburi Frozen Food
Co., Ltd. (CFF), Chanthaburi Seafoods Co., Ltd. (CSF), Intersia Foods
Co., Ltd. (formerly Y2K Frozen Foods Co., Ltd.), Phattana Seafood Co.,
Ltd. (PTN), Phattana Frozen Food Co., Ltd. (PFF), S.C.C. Frozen Seafood
Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd. (TFC), Thai
International Seafoods Co., Ltd. (TIS), and Sea Wealth Frozen Food Co.,
Ltd. (Sea Wealth) (collectively, the Rubicon Group), and Pakfood Public
Company Limited and its affiliates, Asia Pacific (Thailand) Company,
Limited, Chaophraya Cold Storage Company Limited, Okeanos Company
Limited, Okeanos Food Company, Limited, and Takzin Samut Company,
Limited (collectively, Pakfood), producer/exporters selected for
individual review. Therefore, the final results for the Rubicon Group
and Pakfood differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: September 16, 2009.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or David Goldberger, 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) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 135 producers/exporters. The respondents which
the Department selected for individual review are the Rubicon Group and
Pakfood. The respondents which were not selected for individual review
are listed in the ``Final Results of Review'' section of this notice.
On March 9, 2009, the Department published in the Federal Register
the preliminary results of the 2007-2008 administrative review of the
antidumping duty order on shrimp from Thailand. See Certain Frozen
Warmwater Shrimp from Thailand: Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 10000 (March 9, 2009) (Preliminary
Results). We invited parties to comment on those preliminary results.
We conducted the cost verification of CFF, a member of the Rubicon
Group, from February 9 through February 13, 2009, the sales
verification of CFF from March 23 through March 25, 2009, and the
verification of Rubicon Resources, the Rubicon Group's U.S. affiliate,
from March 30 through April 1, 2009.
On April 8, 2009, the domestic processors of frozen warmwater
shrimp (i.e., The American Shrimp Processors Association, hereafter
``domestic processors''), an interested party in this proceeding,
requested that a public hearing be held in this proceeding. On May 13,
2009, the domestic processors withdrew their hearing request.
In May 2009, we received case briefs from the domestic producers
of the subject merchandise (i.e., the Ad Hoc
[[Page 47552]]
Shrimp Trade Action Committee), the respondents selected for individual
review, the Rubicon Group and Pakfood, the domestic processors, and
Thai I-Mei Frozen Foods Co., Ltd. (Thai I-Mei), a producer/exporter not
selected for individual review. Rebuttal briefs were received from the
domestic producers, the Rubicon Group, Pakfood, and Thai I-Mei.
In May 2009, we extended the deadline for the final results, due no
later than September 8, 2009. See Certain Frozen Warmwater Shrimp from
Thailand: Notice of Extension of Time Limit for the Final Results of
the Third Administrative Review, 74 FR 25705 (May 29, 2009).
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), 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, 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 this 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 this order.
Excluded from the scope are: 1) breaded shrimp and prawns (HTSUS
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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp
and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 5) dried
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTSUS
subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain
battered shrimp. Dusted 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 constituting between four and 10 percent of
the product's total weight after being dusted, but prior to being
frozen; and 5) that is subjected to IQF freezing immediately after
application of the dusting layer. Battered shrimp is a shrimp-based
product that, when dusted in accordance with the definition of dusting
above, is 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 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, and 1605.20.10.30. These HTSUS 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.
Period of Review
The POR is February 1, 2007, through January 31, 2008.
Partial Rescission of Review
In February 2007, the Department received a timely request, in
accordance with 19 CFR 351.213(b)(1), from the domestic producers and
the Louisiana Shrimp Association, a domestic interested party, to
conduct a review of Euro-Asian. The Department initiated a review of
this company on April 7, 2008. See Certain Frozen Warmwater Shrimp from
Brazil, Ecuador, India, and Thailand: Notice of Initiation of
Administrative Reviews, 73 FR 18754 (April 7, 2008). However, the
Rubicon Group's July 14, 2008, Section A questionnaire response at
pages A-27 A-28, indicates that Euro-Asian is not a producer and/or
exporter of the subject merchandise. We confirmed that Euro-Asian had
no shipments of subject merchandise during the POR using U.S. Customs
and Border Protection (CBP) data. Therefore, because Euro-Asian had no
shipments of subject merchandise to the United States during the POR,
in accordance with 19 CFR 351.213(d)(3), and consistent with the
Department's practice, we are rescinding our review with respect to
this company. See, e.g., Certain Frozen Warmwater Shrimp from Thailand:
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 52065, 52067 (September 12, 2007); and
Certain Steel Concrete Reinforcing Bars From Turkey; Final Results,
Rescission of Antidumping Duty Administrative Review in Part, and
Determination To Revoke in Part, 70 FR 67665, 67666 (November 8, 2005).
Cost of Production
As discussed in the Preliminary Results, we conducted a sales below
cost investigation to determine whether Pakfood and the Rubicon Group
made home market and third country sales, respectively, of the foreign
like product during the POR at prices below their costs of production
(COP) within the meaning of section 773(b)(1) of the Act. For both
respondents, we performed the cost test for these final results
following the same methodology as in the Preliminary Results.
We found 20 percent or more of each respondent's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we determined that these
below-cost sales were made in ``substantial quantities'' within an
extended period of time and at prices which did not permit the recovery
of all costs within a reasonable period of time in the normal course of
trade. See sections 773(b)(2)(B) - (D) of the Act.
Therefore, for purposes of these final results, we find that
Pakfood and the Rubicon Group made below-cost sales not in the ordinary
course of trade. Consequently, we disregarded these
[[Page 47553]]
sales for each respondent and used the remaining sales as the basis for
determining normal value pursuant to section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review, and to which we have responded, are listed in
the Appendix to this notice and addressed in the Issues and Decision
Memorandum (the Decision Memo), which is adopted by this notice.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit, HCHB Room 1117, of the
main Department building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes in the margin calculations for Pakfood and the Rubicon
Group. These changes are discussed in the relevant sections of the
Decision Memo.
In addition, we have changed our calculation of the cash deposit
and assessment rates applicable to the companies not selected for
individual examination to reflect the simple average of the margins
calculated for the respondents selected for individual examination in
this review, rather than the weighted average of these margins,
excluding de minimis margins or margins based entirely on facts
available (FA). This is consistent with our current practice with
respect to the calculation of the cash deposit and assessment rates
applicable to non-mandatory respondents in cases such as the instant
one, where there are only two mandatory respondents with above de
minimis margins, or margins based entirely upon FA. See Ball Bearings
and Parts Thereof from France, Germany, Italy, Japan, and the United
Kingdom: Preliminary Results of Antidumping Duty Administrative Reviews
and Intent to Rescind Reviews in Part, 73 FR 25654, 25655 (May 7,
2008); unchanged in Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008).
Final Results of Review
We determine that weighted-average dumping margins exist for the
respondents for the period February 1, 2007, through January 31, 2008,
as follows:
------------------------------------------------------------------------
Manufacturer/Exporter Percent Margin
------------------------------------------------------------------------
Pakfood Public Company Limited / Asia Pacific 4.61
(Thailand) Company Limited / Chaophraya Cold
Storage Company Limited/ Okeanos Company Limited/
Okeanos Food Company, Limited/ and Takzin Samut
Company Limited (collectively, Pakfood)............
Andaman Seafood Co., Ltd. / Chanthaburi Frozen Food 4.80
Co., Ltd. / Chanthaburi Seafoods Co., Ltd. /
Intersia Foods Co., Ltd. (formerly Y2K Frozen Foods
Co., Ltd.)/ Phattana Seafood Co., Ltd. / Phattana
Frozen Food Co., Ltd. /S.C.C. Frozen Seafood Co.,
Ltd./Sea Wealth Frozen Food Co. Ltd. / Thailand
Fishery Cold Storage Public Co., Ltd. / Thai
International Seafoods Co., Ltd. /Wales & Co.
Universe Limited (collectively, the Rubicon Group).
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:\3\
---------------------------------------------------------------------------
\3\ This rate is based on the simple average of the margins
calculated for those companies selected for individual examination,
excluding de minimis margins or margins based entirely on FA, as
discussed above.
------------------------------------------------------------------------
Manufacturer/Exporter
------------------------------------------------------------------------
ACU Transport Co., Ltd.............................. 4.71
Ampai Frozen Food Co., Ltd.......................... 4.71
A.S. Intermarine Foods Co., Ltd..................... 4.71
Asian Seafoods Coldstorage Public Co., Ltd.......... 4.71
Asian Seafoods Coldstorage (Suratthani) Co., Ltd.... 4.71
Assoc. Commercial Systems........................... 4.71
A. Wattanachai Frozen Products Co., Ltd............. 4.71
Bangkok Dehydrated Marine Product Co., Ltd.......... 4.71
Bright Sea Co., Ltd................................. 4.71
C P Mdse............................................ 4.71
C Y Frozen Food Co., Ltd............................ 4.71
Chaiwarut Co., Ltd.................................. 4.71
Chaivaree Marine Products Co., Ltd.................. 4.71
Charoen Pokphand Foods Public Co., Ltd.............. 4.71
Chue Eie Mong Eak Ltd. Part......................... 4.71
Core Seafood Processing Co., Ltd.................... 4.71
Crystal Seafood..................................... 4.71
Daedong (Thailand) Co. Ltd.......................... 4.71
Daiei Taigen (Thailand) Co., Ltd.................... 4.71
Daiho (Thailand) Co., Ltd........................... 4.71
Earth Food Manufacturing Co., Ltd................... 4.71
F.A.I.T. Corporation Limited........................ 4.71
Far East Cold Storage Co., Ltd...................... 4.71
Findus (Thailand) Ltd............................... 4.71
Fortune Frozen Foods (Thailand) Co., Ltd............ 4.71
Frozen Marine Products Co., Ltd..................... 4.71
Gallant Ocean (Thailand) Co., Ltd................... 4.71
Gallant Ocean Seafood Corporation................... 4.71
Good Fortune Cold Storage Co., Ltd.................. 4.71
Good Luck Product Co., Ltd.......................... 4.71
Gulf Coast Crab Intl................................ 4.71
H.A.M. International Co., Ltd....................... 4.71
Heng Seafood Limited Partnership.................... 4.71
Heritrade Co., Ltd.................................. 4.71
HIC (Thailand) Co., Ltd............................. 4.71
I.T. Foods Industries Co., Ltd...................... 4.71
Inter-Oceanic Resources Co., Ltd.................... 4.71
Inter-Pacific Marine Products Co., Ltd.............. 4.71
K .D. Trading Co., Ltd.............................. 4.71
K Fresh............................................. 4.71
KF Foods............................................ 4.71
K.L. Cold Storage Co., Ltd.......................... 4.71
Kiang Huat Sea Gull Trading Frozen Food Public Co., 4.71
Ltd................................................
Kingfisher Holdings Ltd............................. 4.71
Kibun Trdg.......................................... 4.71
Klang Co., Ltd...................................... 4.71
Kitchens of the Ocean (Thailand) Ltd................ 4.71
Kongphop Frozen Foods Co., Ltd...................... 4.71
Kosamut Frozen Foods Co., Ltd....................... 4.71
[[Page 47554]]
Lee Heng Seafood Co., Ltd........................... 4.71
Leo Transports...................................... 4.71
Maersk Line......................................... 4.71
Magnate & Syndicate Co., Ltd........................ 4.71
Mahachai Food Processing Co., Ltd................... 4.71
Marine Gold Products Limited........................ 4.71
May Ao Co., Ltd..................................... 4.71
May Ao Foods Co., Ltd............................... 4.71
N&N Foods Co., Ltd.................................. 4.71
Namprik Maesri Ltd. Part............................ 4.71
Narong Seafood Co., Ltd............................. 4.71
Ongkorn Cold Storage Co., Ltd....................... 4.71
Pacific Queen Co., Ltd.............................. 4.71
Penta Impex Co., Ltd................................ 4.71
Pinwood Nineteen Ninety Nine........................ 4.71
Piti Seafoods Co., Ltd.............................. 4.71
Premier Frozen Products Co., Ltd.................... 4.71
Preserved Food Specialty Co., Ltd................... 4.71
Rayong Coldstorage (1987) Co., Ltd.................. 4.71
S&D Marine Products Co., Ltd........................ 4.71
S&P Aquarium........................................ 4.71
S&P Syndicate Public Company Ltd.................... 4.71
S. Chaivaree Cold Storage Co., Ltd.................. 4.71
S. Khonkaen Food Industry Public Co., Ltd........... 4.71
SMP Foods Products Co., Ltd......................... 4.71
Samui Foods Company Limited......................... 4.71
Sea Bonanza Food Co., Ltd........................... 4.71
Seafoods Enterprise Co., Ltd........................ 4.71
Seafresh Fisheries.................................. 4.71
Seafresh Industry Public Co., Ltd................... 4.71
Siam Food Supply Co., Ltd........................... 4.71
Siam Intersea Co., Ltd.............................. 4.71
Siam Marine Products Co. Ltd........................ 4.71
Siam Ocean Frozen Foods Co. Ltd..................... 4.71
Siam Union Frozen Foods............................. 4.71
Siamchai International Food Co., Ltd................ 4.71
Southport Seafood................................... 4.71
STC Foodpak Ltd..................................... 4.71
Suntechthai Intertrading Co., Ltd................... 4.71
Surapon Foods Public Co., Ltd....................... 4.71
Surapon Nichirei Foods Co., Ltd..................... 4.71
Surapon Seafood..................................... 4.71
Suratthani Marine Products Co., Ltd................. 4.71
Suree Interfoods Co., Ltd........................... 4.71
T.S.F. Seafood Co., Ltd............................. 4.71
Tanaya International Co., Ltd....................... 4.71
Teppitak Seafood Co., Ltd........................... 4.71
Tey Seng Cold Storage Co., Ltd...................... 4.71
Thai-Ger Marine Co., Ltd............................ 4.71
Thai Agri Foods Public Co., Ltd..................... 4.71
Thai I-Mei Frozen Foods Co., Ltd.................... 4.71
Thai Mahachai Seafood Products Co., Ltd............. 4.71
Thai Ocean Venture Co., Ltd......................... 4.71
Thai Patana Frozen.................................. 4.71
Thai Prawn Culture Center Co., Ltd.................. 4.71
Thai Royal Frozen Food Co. Ltd...................... 4.71
Thai Spring Fish Co., Ltd........................... 4.71
Thai Union Frozen Products Public Co., Ltd.......... 4.71
Thai Union Seafood Co., Ltd......................... 4.71
Thai Yoo Ltd., Part................................. 4.71
The Siam Union Frozen Food Co., Ltd................. 4.71
The Union Frozen Products Co., Ltd.................. 4.71
Trang Seafood Products Public Co., Ltd.............. 4.71
Transamut Food Co., Ltd............................. 4.71
Tung Lieng Trdg..................................... 4.71
United Cold Storage Co., Ltd........................ 4.71
V Thai Food Product................................. 4.71
Xian-Ning Seafood Co., Ltd.......................... 4.71
Yeenin Frozen Foods Co., Ltd........................ 4.71
YHS Singapore Pte................................... 4.71
ZAFCO TRDG.......................................... 4.71
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Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
For those sales where Pakfood and the Rubicon Group reported the
entered value of their U.S. sales, we have calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of antidumping duties calculated for the examined sales to the total
entered value of the examined sales for that importer. For those sales
where the respondents did not report the entered value of their U.S.
sales, we have calculated importer-specific or customer-specific per-
unit duty assessment rates by aggregating the total amount of
antidumping duties calculated for the examined sales and dividing this
amount by the total quantity of those sales. With respect to the
respondents' U.S. sales of shrimp with sauce, for which no entered
value was reported, we have included the total quantity of the
merchandise with sauce in the denominator of the calculation of the
importer-specific or customer-specific rate because CBP will apply the
per-unit duty rate to the total quantity of merchandise entered,
including the sauce weight. To determine whether the duty assessment
rates are de minimis, in accordance with the requirement set forth in
19 CFR 351.106(c)(2), we have calculated importer-specific or customer-
specific ad valorem ratios based on the estimated entered value.
For the companies which were not selected for individual review, we
have calculated an assessment rate based on the simple average of the
cash deposit rates calculated for the companies selected for individual
review excluding any which are de minimis or determined entirely on FA.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate established in the LTFV investigation if there is
no rate for the intermediary involved in the transaction. See
Assessment Policy Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise
[[Page 47555]]
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review, as
provided by section 751(a)(2)(C) of the Act: 1) the cash deposit rates
for each specific company listed above\4\ will be the rates shown
above, except if the rate is less than 0.50 percent, and therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; 2) for previously reviewed or
investigated companies not participating in this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; 3) if the exporter is not a firm covered in
this review, a prior review, or the original LTFV investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
4) the cash deposit rate for all other manufacturers or exporters will
be 5.34 percent, the all-others rate made effective by the Section 129
Determination. These requirements, when imposed, shall remain in effect
until further notice.
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\4\ Effective January 16, 2009, there is no longer a cash
deposit requirement for certain producers/exporters in accordance
with the 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, 74 FR 5638 (January 30, 2009)
(Section 129 Determination). These producers/exporters are as
follows: Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co.,
Ltd., Chanthaburi Seafoods Co., Ltd., Intersia Foods Co., Ltd.
(formerly Y2K Frozen 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., Wales & Co.
Universe Limited, and Thai I-Mei Frozen Foods Co., Ltd.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix Issues in Decision Memo
General Comments:
Comment 1: Offsetting of Negative Margins
Comment 2: Using CBP Data for Respondent Selection
Comment 3: Restricting Count-Size Comparisons Under the Model-Matching
Methodology
Comment 4: Assessment Rate Assigned to Companies Receiving the Review-
Specific Average Rate
Company-Specific Comments:
Pakfood
Comment 5: Treatment of DDP Interest Income Earned by Pakfood
Comment 6: Application of Pakfood's Final Antidumping Duty Margin to
its 100 Percent-Owned Subsidiaries
The Rubicon Group
Comment 7: Interest Income Offset to Financial Expenses
Comment 8: CEP Offset
Comment 9: Calculation of U.S. Warehousing and Inventory Carrying Costs
Comment 10: Inadvertent Errors in the Draft Cash Deposit and
Liquidation Instructions
[FR Doc. E9-22335 Filed 9-15-09; 8:45 am]
BILLING CODE 3510-DS-S
