Certain Frozen Warmwater Shrimp from Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 54847-54851 [2010-22376]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
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[FR Doc. 2010–22452 Filed 9–8–10; 8:45 am]
BILLING CODE 3410–11–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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 15, 2010, 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 165
producers/exporters of the subject
merchandise to the United States.1 The
POR is February 1, 2008, through
January 31, 2009.2
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations for Marine Gold Products
Limited (Marine Gold), 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), and 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
AGENCY:
1 This figure excludes twenty companies for
which we are rescinding the review due to the fact
that they made no shipments of the subject
merchandise during the period of review (POR). See
‘‘Partial Rescission of Review’’ section, below.
2 Because of the partial revocation of the
antidumping duty order, effective January 16, 2009,
the POR is February 1, 2008, through January 15,
2009, for Thai I-Mei Frozen Foods Co., Ltd. (Thai
I-Mei) and the Rubicon Group. See 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, 5639 (January 30, 2009) (Section 129
Determination); Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty
Changed Circumstances Review and Notice of
Revocation in Part, 74 FR 52452 (October 13, 2009).
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54847
Frozen Foods Co., Ltd.), Phatthana
Seafood Co., Ltd. (PTN), Phatthana
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). The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
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 165 producers/
exporters. The respondents which the
Department selected for individual
review are Marine Gold, Pakfood, and
the Rubicon Group. The respondents
which were not selected for individual
review are listed in the ‘‘Final Results of
Review’’ section of this notice.
On March 15, 2010, the Department
published in the Federal Register the
preliminary results of the 2008–2009
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 and Final
Results of Partial Rescission of
Antidumping Duty Administrative
Review, 75 FR 12188 (March 15, 2010)
(Preliminary Results).
We invited parties to comment on the
preliminary results. In April 2010, we
received case briefs from the domestic
producers of the subject merchandise
(i.e., the Ad Hoc Shrimp Trade Action
Committee), the respondents selected
for individual review, Marine Gold,
Pakfood, and the Rubicon Group, the
American Shrimp Processors
Association and the Louisiana Shrimp
Association (hereafter, the domestic
processors), and Xian-Ning Seafood Co.,
Ltd., Ongkorn Cold Storage Co., Ltd.,
Kongphop Frozen Foods Co., Ltd., May
Ao Foods Co., Ltd., and May Ao Co.,
Ltd., who are producers/exporters that
were not selected for individual review.
Rebuttal briefs were received from the
domestic producers, the domestic
processors, Marine Gold, Pakfood, and
the Rubicon Group. On April 14, 2010,
Marine Gold requested that a public
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hearing be held in this proceeding. On
April 20, 2010, Marine Gold withdrew
its hearing request.
In June 2010 we extended the
deadline for the final results, due no
later than September 13, 2010. See
Certain Frozen Warmwater Shrimp from
Thailand: Notice of Extension of Time
Limit for the Final Results of the 2008–
2009 Administrative Review, 75 FR
34976 (June 21, 2010).
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, shellon or peeled, tail-on or tail-off,3
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).
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.
3 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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, 2008, through
January 31, 2009. See Footnote 2.
Partial Rescission of Review
In the Preliminary Results, we stated
our intention to rescind the review with
respect to the following companies,
which reported to the Department that
they had no shipments during the POR:
(1) American Commercial Transport,
Inc.
(2) Ampai Frozen Food Co., Ltd.
(3) Euro-Asian International Seafoods
Co., Ltd.
(4) F.A.I.T. Corporation Limited
(5) Far East Cold Storage, Ltd.
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(6) Grobest Frozen Foods Co., Ltd.
(7) Inter-Oceanic Resources Co., Ltd.
(8) Leo Transport Corporation, Ltd.
(9) Lucky Unions Foods Co., Ltd.
(10) MKF Interfood (2004) Co., Ltd.
(11) Siam Canadian Foods Co., Ltd.
(12) Siam Ocean Frozen Foods Co.,
Ltd.
(13) Sky Fresh Co., Ltd.
(14) Songkla Canning (PCL)
(15) Suree Interfoods Co., Ltd.
(16) Thai Excel Foods Co., Ltd.
(17) Thai Union Manufacturing Co.,
Ltd.
(18) Thai Yoo Ltd., Part.
(19) V. Thai Food Product Co., Ltd.
(20) Wann Fisheries Co., Ltd.
Since the Preliminary Results we have
received no comments regarding our
stated intention to rescind the review
for each of the firms listed above.
Therefore, the Department is rescinding
this review with respect to the 20 firms
listed above.
Cost of Production
As discussed in the Preliminary
Results, we conducted an investigation
to determine whether Marine Gold,
Pakfood, and the Rubicon Group made
comparison market sales of the foreign
like product during the POR at prices
below their costs of production (COP)
within the meaning of section 773(b) of
the Act. For all three 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)(1)–(2) of the
Act.
Therefore, for purposes of these final
results, we continue to find that Marine
Gold, Pakfood, and the Rubicon Group
made below-cost sales not in the
ordinary course of trade. Consequently,
we disregarded these 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. For those U.S. sales
of subject merchandise for which there
were no comparison market sales in the
ordinary course of trade, we compared
constructed export prices or export
prices, as appropriate, to constructed
value in accordance with section
773(a)(4) of the Act.
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Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review 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, 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 Marine Gold, Pakfood,
and the Rubicon Group. These changes
are discussed in the relevant sections of
the Decision Memo.
Final Results of Review
We determine that weighted-average
dumping margins exist for the
respondents for the period February 1,
2008, through January 31, 2009, as
follows:
Percent
margin
Manufacturer/exporter
Marine Gold Products Limited .................................................................................................................................................................
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.)/Phatthana Seafood Co., Ltd./Phatthana 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) ......................................................................................................................
The review-specific average rate
applicable to the following companies is
2.61 percent: 4
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Manufacturer/Exporter
A. Wattanachai Frozen Products Co.,
Ltd.
A.S. Intermarine Foods Co., Ltd.
ACU Transport Co., Ltd.
Anglo-Siam Seafoods Co., Ltd.
Apex Maritime (Thailand) Co., Ltd.
Apitoon Enterprise Industry Co., Ltd.
Applied DB Ind.
Asian Seafood Coldstorage (Sriracha)
Asian Seafoods Coldstorage Public Co.,
Ltd.
Asian Seafoods Coldstorage (Suratthani)
Co., Limited
Asian Seafoods Coldstorage (Suratthani)
Co.
Assoc. Commercial Systems
B.S.A. Food Products Co., Ltd.
Bangkok Dehydrated Marine Product
Co., Ltd.
Bright Sea Co., Ltd.
C.P. Merchandising Co., Ltd.
C.P. Mdse
C.P. Retailing and Marketing Co., Ltd.
C.Y. Frozen Food Co., Ltd.
Chaivaree Marine Products Co., Ltd.
Chaiwarut Co., Ltd.
Charoen Pokphand Foods Public Co.,
Ltd.
Chonburi LC
Chue Eie Mong Eak Ltd. Part.
Core Seafood Processing Co., Ltd.
Crystal Frozen Foods Co., Ltd. and/or
Crystal Seafood
Daedong (Thailand) Co. Ltd.
4 This rate is based on the weighted average of the
margins calculated for those companies selected for
individual examination, excluding de minimis
margins or margins based entirely on facts
available, as discussed below.
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Daiei Taigen (Thailand) Co., Ltd.
Daiho (Thailand) Co., Ltd.
Dynamic Intertransport Co., Ltd.
Earth Food Manufacturing Co., Ltd.
Findus (Thailand) Ltd.
Fortune Frozen Foods (Thailand) Co.,
Ltd.
Frozen Marine Products Co., Ltd.
GSE Lining Technology Co., Ltd.
Gallant Ocean (Thailand) Co., Ltd.
Gallant Seafoods Corporation
Global Maharaja Co., Ltd.
Golden Sea Frozen Foods
Golden Sea Frozen Foods Co., Ltd.
Good Fortune Cold Storage Co., Ltd.
Good Luck Product Co., Ltd.
Gulf Coast Crab Intl.
H.A.M. International Co., Ltd.
Haitai Seafood Co., Ltd.
Handy International (Thailand) Co., Ltd.
Heng Seafood Limited Partnership
Heritrade Co., Ltd.
HIC (Thailand) Co., Ltd.
High Way International Co., Ltd.
I.T. Foods Industries Co., Ltd.
Inter-Pacific Marine Products Co., Ltd.
K Fresh
K.D. Trading Co., Ltd.
K.F. Foods
K.L. Cold Storage Co., Ltd.
K & U Enterprise 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.
Lee Heng Seafood Co., Ltd.
Li-Thai Frozen Foods Co., Ltd.
Maersk Line
Magnate & Syndicate Co., Ltd.
Mahachai Food Processing Co., Ltd.
May Ao Co., Ltd.
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1.63
1.11
4.39
May Ao Foods Co., Ltd.
Merit Asia Foodstuff Co., Ltd.
Merkur Co., Ltd.
Ming Chao Ind Thailand
N&N Foods Co., Ltd.
Namprik Maesri Ltd. Part.
Narong Seafood Co., Ltd.
Nongmon SMJ Products
N.R. Instant Produce 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.
Queen Marine Food 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.
SCT Co., Ltd.
S. Khonkaen Food Industry Public Co.,
Ltd. and/or S. Khonkaen Food Ind.
Public
SMP Food Product Co., Ltd.
Samui Foods Company Limited
Sea Bonanza Food Co., Ltd.
SEA NT’L CO., LTD.
Seafoods Enterprise Co., Ltd.
Seafresh Fisheries
Seafresh Industry Public Co., Ltd.
Search & Serve
Shianlin Bangkok Co., Ltd.
Siam Food Supply Co., Ltd.
Siam Intersea Co., Ltd.
Siam Marine Products Co. Ltd.
Siam Union Frozen Foods
Siamchai International Food Co., Ltd.
Smile Heart Foods Co. Ltd.
Southport Seafood
Star Frozen Foods Co., Ltd.
STC Foodpak Ltd.
Suntechthai Intertrading Co., Ltd.
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Surapon Nichirei Foods Co., Ltd.
Surapon Seafoods Public Co., Ltd./
Surapon Foods Public Co., Ltd.
Surapon Seafood
Surat Seafoods Co., Ltd.
Suratthani Marine Products Co., Ltd.
T.S.F. Seafood Co., Ltd.
Tanaya International Co., Ltd.
Tanaya Intl.
Teppitak Seafood Co., Ltd.
Tey Seng Cold Storage Co., Ltd.
Tep Kinsho Foods 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 World Imports & Exports
The Siam Union Frozen Foods 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.
Xian-Ning Seafood Co., Ltd.
Yeenin Frozen Foods Co., Ltd.
YHS Singapore Pte.
ZAFCO TRDG.
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Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
For those sales where the respondents
reported the entered value of their U.S.
sales, we have calculated importerspecific 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
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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 weighted average of the cash deposit
rates calculated for the companies
selected for individual review excluding
any which are de minimis or
determined entirely on facts available.
See Certain Frozen Warmwater Shrimp
From Thailand: Final Results and
Partial Rescission of Antidumping Duty
Administrative Review, 74 FR 47551
(September 16, 2009).
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).
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 allothers 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
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 5 will be the rates
5 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
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Fmt 4703
Sfmt 4703
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 allothers 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
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.
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
with sections 751(a)(1) and 777(i)(1) of
the Act.
DEPARTMENT OF COMMERCE
Dated: August 31, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
National Oceanic and Atmospheric
Administration
RIN 0648–XY75
Appendix—Issues in Decision Memo
General Comments:
Comment 1: Offsetting of Negative
Margins
Comment 2: Using CBP Data for
Respondent Selection
Comment 3: Date of Sale Methodology
Comment 4: Calculation of the ReviewSpecific Average Rate
Comment 5: Use of Forward Exchange
Rates
Company-Specific Comments:
Marine Gold
Comment 6: Revision of Cooked Form
Model Matching Product
Characteristic
Comment 7: Home Market Viability
Comment 8: Arm’s-Length Nature of
Thai Warehousing Expenses
mstockstill on DSKH9S0YB1PROD with NOTICES
Pakfood
Comment 9: Home Market Billing
Adjustments
Comment 10: Adjusting Gross Unit
Prices to Account for Glaze
Comment 11: Treatment of Expenses
Related to Cancelled Sale
Comment 12: Reporting of
‘‘Presentation’’ Product Characteristic
Comment 13: Using Period-Specific
Costs in the Sales-Below-COP Test
The Rubicon Group
Comment 14: Assessment of
Antidumping Duties on Rubicon
Group Imports
Comment 15: CEP Offset
Comment 16: The Rubicon Group’s
Sales Reconciliations
Comment 17: Reporting of Gross Unit
Price Exclusive of Sauce Value
Comment 18: Rebates Claimed in the
Comparison Market
Comment 19: Rebates Claimed in the
U.S. Market
Comment 20: U.S. Warehousing
Expenses
Comment 21: U.S. Indirect Selling
Expenses
Comment 22: Major Input Rule for
Shrimp Costs
Comment 23: Inclusion of Certain NonOperational Expenses in General and
Administrative Ratio
[FR Doc. 2010–22376 Filed 9–8–10; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
Incidental Taking of Marine Mammals;
Taking of Marine Mammals Incidental
to the Explosive Removal of Offshore
Structures in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of letters of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that NMFS
has issued a one-year Letters of
Authorization (LOA) to take marine
mammals incidental to the explosive
removal of offshore oil and gas
structures (EROS) in the Gulf of Mexico.
DATES: These authorizations are
effective from September 3, 2010
through September 2, 2011.
ADDRESSES: The application and LOA
are available for review by writing to P.
Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3235 or by telephoning the
contact listed here (see FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS,
301–713–2289.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of
Commerce (who has delegated the
authority to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by United States
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region,
if certain findings are made and
regulations are issued. Under the
MMPA, the term ‘‘take’’ means to harass,
hunt, capture, or kill or to attempt to
harass, hunt, capture, or kill any marine
mammal.
Authorization for incidental taking, in
the form of an annual LOA, may be
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 9990
54851
granted by NMFS for periods up to five
years if NMFS finds, after notice and
opportunity for public comment, that
the taking will have a negligible impact
on the species or stock(s) of marine
mammals, and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). In
addition, NMFS must prescribe
regulations that include permissible
methods of taking and other means of
effecting the least practicable adverse
impact on the species and its habitat
(i.e., mitigation), and on the availability
of the species for subsistence uses,
paying particular attention to rookeries,
mating rounds, and areas of similar
significance. The regulations also must
include requirements pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking of
marine mammals incidental to EROS
were published on June 19, 2008 (73 FR
34875), and remain in effect through
July 19, 2013. For detailed information
on this action, please refer to that
Federal Register notice. The species
that applicants may take in small
numbers during EROS activities are
bottlenose dolphins (Tursiops
truncatus), Atlantic spotted dolphins
(Stenella frontalis), pantropical spotted
dolphins (Stenella attenuata), Clymene
dolphins (Stenella clymene), striped
dolphins (Stenella coeruleoalba),
spinner dolphins (Stenella longirostris),
rough-toothed dolphins (Steno
bredanensis), Risso’s dolphins
(Grampus griseus), melon-headed
whales (Peponocephala electra), shortfinned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus).
Pursuant to these regulations, NMFS
has issued an LOA to EOG Resources,
Inc. Issuance of the LOA is based on a
finding made in the preamble to the
final rule that the total taking by these
activities (with monitoring, mitigation,
and reporting measures) will result in
no more than a negligible impact on the
affected species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on
subsistence uses. NMFS also finds that
the applicant will meet the
requirements contained in the
implementing regulations and LOA,
including monitoring, mitigation, and
reporting requirements.
Dated: September 2, 2010.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–22504 Filed 9–8–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\09SEN1.SGM
09SEN1
]]>Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54847-54851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22376]
=======================================================================
-----------------------------------------------------------------------
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 15, 2010, 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 165 producers/exporters of the subject
merchandise to the United States.\1\ The POR is February 1, 2008,
through January 31, 2009.\2\
---------------------------------------------------------------------------
\1\ This figure excludes twenty companies for which we are
rescinding the review due to the fact that they made no shipments of
the subject merchandise during the period of review (POR). See
``Partial Rescission of Review'' section, below.
\2\ Because of the partial revocation of the antidumping duty
order, effective January 16, 2009, the POR is February 1, 2008,
through January 15, 2009, for Thai I-Mei Frozen Foods Co., Ltd.
(Thai I-Mei) and the Rubicon Group. See 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, 5639 (January 30, 2009) (Section 129 Determination);
Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Changed Circumstances Review and Notice of
Revocation in Part, 74 FR 52452 (October 13, 2009).
---------------------------------------------------------------------------
Based on our analysis of the comments received, we have made
certain changes in the margin calculations for Marine Gold Products
Limited (Marine Gold), 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), and
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.),
Phatthana Seafood Co., Ltd. (PTN), Phatthana 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). The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of Review.''
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 165 producers/exporters. The respondents which
the Department selected for individual review are Marine Gold, Pakfood,
and the Rubicon Group. The respondents which were not selected for
individual review are listed in the ``Final Results of Review'' section
of this notice.
On March 15, 2010, the Department published in the Federal Register
the preliminary results of the 2008-2009 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 and Final Results of Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 12188 (March 15, 2010)
(Preliminary Results).
We invited parties to comment on the preliminary results. In April
2010, we received case briefs from the domestic producers of the
subject merchandise (i.e., the Ad Hoc Shrimp Trade Action Committee),
the respondents selected for individual review, Marine Gold, Pakfood,
and the Rubicon Group, the American Shrimp Processors Association and
the Louisiana Shrimp Association (hereafter, the domestic processors),
and Xian-Ning Seafood Co., Ltd., Ongkorn Cold Storage Co., Ltd.,
Kongphop Frozen Foods Co., Ltd., May Ao Foods Co., Ltd., and May Ao
Co., Ltd., who are producers/exporters that were not selected for
individual review. Rebuttal briefs were received from the domestic
producers, the domestic processors, Marine Gold, Pakfood, and the
Rubicon Group. On April 14, 2010, Marine Gold requested that a public
[[Page 54848]]
hearing be held in this proceeding. On April 20, 2010, Marine Gold
withdrew its hearing request.
In June 2010 we extended the deadline for the final results, due no
later than September 13, 2010. See Certain Frozen Warmwater Shrimp from
Thailand: Notice of Extension of Time Limit for the Final Results of
the 2008-2009 Administrative Review, 75 FR 34976 (June 21, 2010).
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,\3\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\3\ ``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, 2008, through January 31, 2009. See Footnote
2.
Partial Rescission of Review
In the Preliminary Results, we stated our intention to rescind the
review with respect to the following companies, which reported to the
Department that they had no shipments during the POR:
(1) American Commercial Transport, Inc.
(2) Ampai Frozen Food Co., Ltd.
(3) Euro-Asian International Seafoods Co., Ltd.
(4) F.A.I.T. Corporation Limited
(5) Far East Cold Storage, Ltd.
(6) Grobest Frozen Foods Co., Ltd.
(7) Inter-Oceanic Resources Co., Ltd.
(8) Leo Transport Corporation, Ltd.
(9) Lucky Unions Foods Co., Ltd.
(10) MKF Interfood (2004) Co., Ltd.
(11) Siam Canadian Foods Co., Ltd.
(12) Siam Ocean Frozen Foods Co., Ltd.
(13) Sky Fresh Co., Ltd.
(14) Songkla Canning (PCL)
(15) Suree Interfoods Co., Ltd.
(16) Thai Excel Foods Co., Ltd.
(17) Thai Union Manufacturing Co., Ltd.
(18) Thai Yoo Ltd., Part.
(19) V. Thai Food Product Co., Ltd.
(20) Wann Fisheries Co., Ltd.
Since the Preliminary Results we have received no comments
regarding our stated intention to rescind the review for each of the
firms listed above. Therefore, the Department is rescinding this review
with respect to the 20 firms listed above.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Marine Gold, Pakfood, and the
Rubicon Group made comparison market sales of the foreign like product
during the POR at prices below their costs of production (COP) within
the meaning of section 773(b) of the Act. For all three 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)(1)-(2) of the Act.
Therefore, for purposes of these final results, we continue to find
that Marine Gold, Pakfood, and the Rubicon Group made below-cost sales
not in the ordinary course of trade. Consequently, we disregarded these
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. For
those U.S. sales of subject merchandise for which there were no
comparison market sales in the ordinary course of trade, we compared
constructed export prices or export prices, as appropriate, to
constructed value in accordance with section 773(a)(4) of the Act.
[[Page 54849]]
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review 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, 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 Marine Gold, Pakfood,
and the Rubicon Group. These changes are discussed in the relevant
sections of the Decision Memo.
Final Results of Review
We determine that weighted-average dumping margins exist for the
respondents for the period February 1, 2008, through January 31, 2009,
as follows:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Marine Gold Products Limited............................... 1.63
Pakfood Public Company Limited/Asia Pacific (Thailand) 1.11
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./ 4.39
Chanthaburi Seafoods Co., Ltd./Intersia Foods Co., Ltd.
(formerly Y2K Frozen Foods Co., Ltd.)/Phatthana Seafood
Co., Ltd./Phatthana 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).........................
------------------------------------------------------------------------
The review-specific average rate applicable to the following
companies is 2.61 percent: \4\
---------------------------------------------------------------------------
\4\ This rate is based on the weighted average of the margins
calculated for those companies selected for individual examination,
excluding de minimis margins or margins based entirely on facts
available, as discussed below.
Manufacturer/Exporter
A. Wattanachai Frozen Products Co., Ltd.
A.S. Intermarine Foods Co., Ltd.
ACU Transport Co., Ltd.
Anglo-Siam Seafoods Co., Ltd.
Apex Maritime (Thailand) Co., Ltd.
Apitoon Enterprise Industry Co., Ltd.
Applied DB Ind.
Asian Seafood Coldstorage (Sriracha)
Asian Seafoods Coldstorage Public Co., Ltd.
Asian Seafoods Coldstorage (Suratthani) Co., Limited
Asian Seafoods Coldstorage (Suratthani) Co.
Assoc. Commercial Systems
B.S.A. Food Products Co., Ltd.
Bangkok Dehydrated Marine Product Co., Ltd.
Bright Sea Co., Ltd.
C.P. Merchandising Co., Ltd.
C.P. Mdse
C.P. Retailing and Marketing Co., Ltd.
C.Y. Frozen Food Co., Ltd.
Chaivaree Marine Products Co., Ltd.
Chaiwarut Co., Ltd.
Charoen Pokphand Foods Public Co., Ltd.
Chonburi LC
Chue Eie Mong Eak Ltd. Part.
Core Seafood Processing Co., Ltd.
Crystal Frozen Foods Co., Ltd. and/or Crystal Seafood
Daedong (Thailand) Co. Ltd.
Daiei Taigen (Thailand) Co., Ltd.
Daiho (Thailand) Co., Ltd.
Dynamic Intertransport Co., Ltd.
Earth Food Manufacturing Co., Ltd.
Findus (Thailand) Ltd.
Fortune Frozen Foods (Thailand) Co., Ltd.
Frozen Marine Products Co., Ltd.
GSE Lining Technology Co., Ltd.
Gallant Ocean (Thailand) Co., Ltd.
Gallant Seafoods Corporation
Global Maharaja Co., Ltd.
Golden Sea Frozen Foods
Golden Sea Frozen Foods Co., Ltd.
Good Fortune Cold Storage Co., Ltd.
Good Luck Product Co., Ltd.
Gulf Coast Crab Intl.
H.A.M. International Co., Ltd.
Haitai Seafood Co., Ltd.
Handy International (Thailand) Co., Ltd.
Heng Seafood Limited Partnership
Heritrade Co., Ltd.
HIC (Thailand) Co., Ltd.
High Way International Co., Ltd.
I.T. Foods Industries Co., Ltd.
Inter-Pacific Marine Products Co., Ltd.
K Fresh
K.D. Trading Co., Ltd.
K.F. Foods
K.L. Cold Storage Co., Ltd.
K & U Enterprise 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.
Lee Heng Seafood Co., Ltd.
Li-Thai Frozen Foods Co., Ltd.
Maersk Line
Magnate & Syndicate Co., Ltd.
Mahachai Food Processing Co., Ltd.
May Ao Co., Ltd.
May Ao Foods Co., Ltd.
Merit Asia Foodstuff Co., Ltd.
Merkur Co., Ltd.
Ming Chao Ind Thailand
N&N Foods Co., Ltd.
Namprik Maesri Ltd. Part.
Narong Seafood Co., Ltd.
Nongmon SMJ Products
N.R. Instant Produce 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.
Queen Marine Food 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.
SCT Co., Ltd.
S. Khonkaen Food Industry Public Co., Ltd. and/or S. Khonkaen Food Ind.
Public
SMP Food Product Co., Ltd.
Samui Foods Company Limited
Sea Bonanza Food Co., Ltd.
SEA NT'L CO., LTD.
Seafoods Enterprise Co., Ltd.
Seafresh Fisheries
Seafresh Industry Public Co., Ltd.
Search & Serve
Shianlin Bangkok Co., Ltd.
Siam Food Supply Co., Ltd.
Siam Intersea Co., Ltd.
Siam Marine Products Co. Ltd.
Siam Union Frozen Foods
Siamchai International Food Co., Ltd.
Smile Heart Foods Co. Ltd.
Southport Seafood
Star Frozen Foods Co., Ltd.
STC Foodpak Ltd.
Suntechthai Intertrading Co., Ltd.
[[Page 54850]]
Surapon Nichirei Foods Co., Ltd.
Surapon Seafoods Public Co., Ltd./ Surapon Foods Public Co., Ltd.
Surapon Seafood
Surat Seafoods Co., Ltd.
Suratthani Marine Products Co., Ltd.
T.S.F. Seafood Co., Ltd.
Tanaya International Co., Ltd.
Tanaya Intl.
Teppitak Seafood Co., Ltd.
Tey Seng Cold Storage Co., Ltd.
Tep Kinsho Foods 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 World Imports & Exports
The Siam Union Frozen Foods 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.
Xian-Ning Seafood Co., Ltd.
Yeenin Frozen Foods Co., Ltd.
YHS Singapore Pte.
ZAFCO TRDG.
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
For those sales where the respondents 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 weighted average of the
cash deposit rates calculated for the companies selected for individual
review excluding any which are de minimis or determined entirely on
facts available. See Certain Frozen Warmwater Shrimp From Thailand:
Final Results and Partial Rescission of Antidumping Duty Administrative
Review, 74 FR 47551 (September 16, 2009).
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). 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 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 \5\ 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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\5\ 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
[[Page 54851]]
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 31, 2010.
Ronald K. Lorentzen,
Deputy 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: Date of Sale Methodology
Comment 4: Calculation of the Review-Specific Average Rate
Comment 5: Use of Forward Exchange Rates
Company-Specific Comments:
Marine Gold
Comment 6: Revision of Cooked Form Model Matching Product
Characteristic
Comment 7: Home Market Viability
Comment 8: Arm's-Length Nature of Thai Warehousing Expenses
Pakfood
Comment 9: Home Market Billing Adjustments
Comment 10: Adjusting Gross Unit Prices to Account for Glaze
Comment 11: Treatment of Expenses Related to Cancelled Sale
Comment 12: Reporting of ``Presentation'' Product Characteristic
Comment 13: Using Period-Specific Costs in the Sales-Below-COP Test
The Rubicon Group
Comment 14: Assessment of Antidumping Duties on Rubicon Group Imports
Comment 15: CEP Offset
Comment 16: The Rubicon Group's Sales Reconciliations
Comment 17: Reporting of Gross Unit Price Exclusive of Sauce Value
Comment 18: Rebates Claimed in the Comparison Market
Comment 19: Rebates Claimed in the U.S. Market
Comment 20: U.S. Warehousing Expenses
Comment 21: U.S. Indirect Selling Expenses
Comment 22: Major Input Rule for Shrimp Costs
Comment 23: Inclusion of Certain Non-Operational Expenses in General
and Administrative Ratio
[FR Doc. 2010-22376 Filed 9-8-10; 8:45 am]
BILLING CODE 3510-DS-P
