[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Pages 48257-48258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16686]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-331-802


Implementation of the Findings of the WTO Panel in United States 
Antidumping Measure on Shrimp from Ecuador: Notice of Determination 
Under section 129 of the Uruguay Round Agreements Act and Revocation of 
the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 15, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement its 
determination under section 129 of the Uruguay Round Agreements Act 
(URAA) regarding the investigation of frozen warmwater shrimp from 
Ecuador. The Department issued its determination on July 26, 2007, 
regarding the offsetting of dumped sales with non-dumped sales when 
making average-to-average comparisons of export price and normal value 
in the investigation challenged by Ecuador before the World Trade 
Organization. The Department is now implementing this determination.

DATES: The effective date of this determination is August 15, 2007.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Irene Darzenta 
Tzafolias, AD/CVD Operations, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Ave., NW., Washington, DC 20230; telephone: 
(202) 482-4136, or (202) 482-0922, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2007, the Department advised interested parties that it 
was initiating a proceeding under section 129 of the URAA to issue a 
determination that would implement the findings of the World Trade 
Organization (WTO) dispute settlement panel in United States - 
Antidumping Measure on Shrimp from Ecuador, WT/DS335/R (January 30, 
2007) (Panel Report). On May 31, 2007, the Department issued its 
preliminary results, in which it recalculated the weighted-average 
dumping margins from the antidumping investigation of frozen warmwater 
shrimp from Ecuador\1\ by applying the calculation methodology 
described in Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin During an Antidumping Investigation; Final 
Modification; see 71 FR 77722 (December 27, 2006). The Department also 
invited interested parties to comment on the preliminary results. After 
receiving comments and rebuttal comments from the interested parties, 
the Department issued its final results for the section 129 
determination on July 26, 2007.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp from Ecuador, 69 
FR 79613 (December 23, 2004), and accompanying Issues and Decision 
Memorandum; and Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Frozen 
Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005).
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    On August 9, 10 and 13, 2007, consistent with section 129(b)(3) of 
the URAA, the U.S. Trade Representative held consultations with the 
Department and the appropriate congressional committees with respect to 
this determination. On August 15, 2007, in accordance with sections 
129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative 
directed the Department to implement this determination.

[[Page 48258]]

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from the U.S. Trade 
Representative, the Department shall issue a determination that would 
render its actions not inconsistent with an adverse finding of a WTO 
panel or the Appellate Body. See 19 USC 3538(b)(2). The Statement of 
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. After consulting with the Department and the appropriate 
congressional committees, the U.S. Trade Representative may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129. See 19 USC 3538(b)(4). Pursuant to section 
129(c), the new determination shall apply with respect to unliquidated 
entries of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the date on which the U.S. Trade 
Representative directs the Department to implement the new 
determination. See 19 USC 3538(c). The new determination is subject to 
judicial review separate and apart from judicial review of the 
Department's original determination. See 19 USC 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the Issues and 
Decision Memorandum for the Final Results of Proceeding Under Section 
129 of the Uruguay Round Agreements Act (URAA): Antidumping Measures on 
Frozen Warmwater Shrimp from Ecuador from Stephen J. Claeys to David M. 
Spooner, dated July 26, 2007 (Issues and Decision Memorandum), which is 
hereby adopted by this notice. The Issues and Decision Memorandum is on 
file in the Central Records Unit (CRU), room B-099 of the Department of 
Commerce main building and can be accessed directly at http://ia.ita.doc.gov/download/section129/ecuador-shrimp_sec129-final-072607.pdf . The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content. A list of the issues 
addressed in the Issues and Decision Memorandum is appended to this 
notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the preliminary results, 
are as follows:
     The margin for Exporklore, S.A., decreases from 2.48 
percent to zero.
     The margin for Promarisco, S.A. decreases from 4.42 
percent to de minimis.
     Expalsa, S.A. was excluded from the order and that does 
not change as a result of this proceeding.
     Because there are no above de minimis margins remaining, 
the all-others rate is based on a simple average of the zero and de 
minimis margins. Therefore, the all-others rate changes from 3.58 
percent to de minimis.
     As a result of the recalculations, all of the margins are 
either zero or de minimis. Accordingly, we are now revoking this order 
effective August 15, 2007 (the effective date).

Revocation of the Antidumping Duty Order

    On August 15, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after 
consulting with the Department and Congress, directed the Department to 
implement this determination. We will instruct U.S. Customs and Border 
Protection to liquidate without regard to antidumping duties entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after August 15, 2007 (the effective date), and to 
discontinue collection of cash deposits of antidumping duties.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: August 17, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I

Issued Raised in the Issues and Decision Memorandum
Comment 1: Whether the Department Has Authority to, and Should, Issue a 
Determination Pursuant to section 129 of the URAA
Comment 2: Whether the Preliminary Results Are Consistent with U.S. Law
Comment 3: Calculation Methodology
Comment 4: Scope of the Proceeding
[FR Doc. E7-16686 Filed 8-22-07; 8:45 am]
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