[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Notices]
[Pages 5638-5639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]


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

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

SUMMARY: On January 12, 2009, the Department of Commerce (the 
Department) issued a determination regarding the offsetting of dumped 
sales with non-dumped sales when making average-to-average comparisons 
of export price and normal value in the antidumping duty investigation 
of certain frozen warmwater shrimp challenged by Thailand before the 
World Trade Organization (WTO). On January 16, 2009, the U.S. Trade 
Representative (USTR) instructed the Department to implement in whole 
this determination under section 129 of the Uruguay Round Agreements 
Act (URAA). The Department is now implementing this determination.

DATES: Effective Date: The effective date of this determination is 
January 16, 2009.

FOR FURTHER INFORMATION CONTACT: Henry Almond or Shawn Thompson, AD/CVD 
Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-0049 
or (202) 482-1776, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2008, 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 WTO 
dispute settlement panel in United States--Measures Relating to Shrimp 
From Thailand, WT/DS343/R (Feb. 29, 2008). On November 21, 2008, the 
Department issued its preliminary results, in which it recalculated the 
weighted-average dumping margins from the antidumping investigation of 
frozen warmwater shrimp from Thailand \1\ by applying the calculation 
methodology described in Antidumping Proceedings: Calculation of the 
Weighted-Average Dumping Margin During an Antidumping Investigation; 
Final Modification, 71 FR 77722 (Dec. 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 January 12, 2009.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From Thailand, 70 FR 5145 (Feb. 1, 2005) (Thai Shrimp Order).
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    On January 16, 2009, consistent with section 129(b)(3) of the URAA, 
the USTR held consultations with the Department and the appropriate 
congressional committees with respect to this determination. Also on 
January 16, 2009, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the USTR directed the Department to implement 
in whole this determination.

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 USTR, 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 U.S.C. 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 USTR may direct the Department to 
implement, in whole or in part, the new determination made under 
section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c),

[[Page 5639]]

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 USTR 
directs the Department to implement the new determination. See 19 
U.S.C. 3538(c). The new determination is subject to judicial review 
separate and apart from judicial review of the Department's original 
determination. See 19 U.S.C. 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 Final 
Results of Proceeding Under Section 129 of the URAA. See the January 
12, 2009, ``Issues and Decision Memorandum for the Final Results'' from 
Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated January 12, 2009 
(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 1117 of the Department of Commerce main 
building and can be accessed directly at http://ia.ita.doc.gov/download/section129/full-129-index.html. 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:

------------------------------------------------------------------------
                                           Amended final   Re-calculated
          Manufacturer/Exporter            determination      margins
                                             (percent)       (percent)
------------------------------------------------------------------------
The Rubicon Group (Andaman Seafood Co.,             5.91        \1\ 1.94
 Ltd., Chanthaburi Frozen Food Co.,
 Ltd., Chanthaburi Seafoods Co., Ltd.,
 Intersia 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., and
 Wales & Co. Universe Limited)..........
Thai I-Mei Frozen Foods Co., Ltd........            5.29        \1\ 1.81
The Union Frozen Products Co., Ltd......            6.82            5.34
All Others..............................            5.95           5.34
------------------------------------------------------------------------
\1\ de minimis.

Implementation

    On January 16, 2009, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the USTR directed the Department to implement 
this determination, effective January 16, 2009. Accordingly, we will 
instruct U.S. Customs and Border Protection (CBP) to terminate the 
suspension of liquidation for all shipments of frozen warmwater shrimp 
produced and exported by one or more of the members of the Rubicon 
Group (i.e., Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co., 
Ltd., Chanthaburi Seafoods Co., Ltd., Intersia 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., and Wales & Co. Universe Limited), as well as shipments of frozen 
warmwater shrimp produced and exported by Thai I-Mei Frozen Foods, Co., 
Ltd., entered or withdrawn from warehouse, for consumption on or after 
the effective date of this determination. Further, the Department will 
instruct CBP to liquidate without regard to antidumping duties (release 
all bonds and refund all cash deposits) entries of frozen warmwater 
shrimp produced and exported by these entities, entered, or withdrawn 
from warehouse, for consumption on or after the effective date of this 
determination. Additionally, the Department will instruct CBP to change 
the ``all-others'' cash deposit rate from 5.95 percent ad valorem to 
5.34 percent ad valorem.
    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. 
This determination is issued and published in accordance with section 
129(c)(2)(A) of the URAA.

    Dated: January 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues Raised in the Issues and Decision Memorandum

Comment 1: Whether the Department of Commerce (the Department) Has 
the Authority to Implement a Determination Pursuant to Section 129 
of the URAA
Comment 2: Whether the Preliminary Results are Consistent with U.S. 
Law
Comment 3: Alternative Calculation Methodologies
Comment 4: Effective Date of Implementation
Comment 5: The Rubicon Group Companies Subject to this Proceeding

 [FR Doc. E9-2086 Filed 1-29-09; 8:45 am]
BILLING CODE 3510-DS-P