[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Page 33976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13476]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-838)


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

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

EFFECTIVE DATE: June 16, 2008.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4929 or (202)482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 2008, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil for the period February 1, 2007, through 
January 31, 2008. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 73 FR 6477 (February 4, 2008). The Department 
received timely requests from the petitioner,\1\ and the Louisiana 
Shrimp Association, in accordance with 19 CFR 351.213(b), for an 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp from Brazil. On April 7, 2008, the Department 
published a notice of initiation of an administrative review of the 
antidumping duty order on certain frozen warmwater shrimp from Brazil 
with respect to 43 companies. See Certain Frozen Warmwater Shrimp from 
Brazil, Ecuador, India and Thailand: Notice of Initiation of 
Administrative Reviews, 73 FR 18754 (April 7, 2008) (Initiation 
Notice).
    The Department stated in its initiation of this review that it 
intended to rely on U.S. Customs and Border Protection (CBP) data to 
select respondents. See Initiation Notice. However, our review of the 
CBP database showed no entries of certain frozen warmwater shrimp 
originating in Brazil, subject to AD/CVD duties, during the period 
February 1, 2007 to January 31, 2008. See April 9, 2008, Memorandum to 
the File from Kate Johnson and Rebecca Trainor entitled ``Release of 
POR Entry Data from CBP''. We released the results of our CBP data 
query to interested parties and invited them to comment on the CBP data 
and respondent selection. On April 17, 2008, the petitioner submitted 
comments, which we addressed in the May 29, 2008, Memorandum to James 
Maeder, Director, Office 2, AD/CVD Operations from Kate Johnson and 
Rebecca Trainor, Senior Case Analysts, Office 2, AD/CVD Operations, 
entitled ``Intent to Rescind Administrative Review.''
    On April 30, 2008, we sent a ``No Shipments Inquiry'' to CBP to 
confirm that there were no shipments or entries of frozen warmwater 
shrimp from Brazil during the POR. We received no information from CBP 
to contradict the results of our data query that there were no 
shipments or entries of subject merchandise to the United States during 
the period of review (POR).

Rescission of Review

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

    Dated: June 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
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    \1\ The petitioner is the Ad Hoc Shrimp Trade Action Committee.
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[FR Doc. E8-13476 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-DS-S