[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Notices]
[Page 60638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21039]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-840)


Certain Frozen Warmwater Shrimp from India: Amended Final Results 
of Antidumping Duty Administrative Review and Rescission In Part

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

EFFECTIVE DATE: October 25, 2007.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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) 482-3874.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 751(a)(1) and 777(i)(1) of the Tariff 
Act of 1930, as amended (the Act), on September 12, 2007, the 
Department of Commerce (the Department) published its notice of final 
results of antidumping duty administrative review on certain frozen 
warmwater shrimp from India. See Certain Frozen Warmwater Shrimp from 
India: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 72 FR 52055 (Sept. 12, 2007) (Final Results). On 
October 12, 2007, we received an allegation from Lotus Sea Farms 
(Lotus), a respondent in this proceeding, that the Department made a 
ministerial error with respect to the rate assigned to it in the final 
results.
    Although we received Lotus's ministerial error allegation after the 
normal deadline for filing ministerial error allegations (see 19 CFR 
351.224(c)(2),(4)), we find good cause to extend the deadline for 
filing a ministerial error allegation to the date we received the 
request and allegation from Lotus. See 19 CFR 351.302(b). After 
analyzing Lotus's submission, we have determined, in accordance with 
section 751(h) of the Act, that we made a ministerial error in the 
final results when we assigned the adverse facts available (AFA) rate 
to Lotus because we believed that it had failed to submit a response to 
the Department's quantity and value (Q&V) questionnaire when, in fact, 
it had done so. Therefore, because: 1) Lotus responded to the 
Department's request for Q&V information in this administrative review; 
and 2) the evidence on the record does not indicate that Lotus exported 
subject merchandise to the United States during the POR, we are 
rescinding the administrative review for it.

Amended Final Results of Review and Rescission in Part

    We have determined, in accordance with section 751(h) of the Act 
and 19 CFR 351.224(e), that the Department made a ministerial error in 
the final results by assigning Lotus the AFA rate when Lotus did indeed 
respond to the Department's request for Q&V information. In addition, 
because the evidence on the record of this administrative review does 
not indicate that Lotus exported subject merchandise during the POR, we 
are rescinding the administrative review for it. For a detailed 
discussion of this ministerial error, the Department's finding of good 
cause to extend the deadline for filing a ministerial error allegation, 
and the Department's analysis, see the October 16, 2007, memorandum to 
James Maeder from Elizabeth Eastwood entitled, ``Ministerial Error 
Allegation Regarding Lotus Sea Farms in the Final Results of the 2004-
2006 Antidumping Duty Administrative Review of Certain Frozen Warmwater 
Shrimp from India.''
    Therefore, we are amending the final results of administrative 
review of certain frozen warmwater shrimp from India for the period 
August 4, 2004, through January 31, 2006. As a result of correcting the 
ministerial error discussed above, we are rescinding this 
administrative review with respect to Lotus, and we will notify U.S. 
Customs and Border Protection of this rescission. For the remaining 
respondents, the weighted-average dumping margins remain the same. See 
Final Results.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 19, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-21039 Filed 10-24-07; 8:45 am]
BILLING CODE 3510-DS-S