[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28665-28666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14244]


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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 17, 2009

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, 2009, 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 of review (POR) February 1, 
2008, through January 31, 2009. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 6013 (February 4, 2009). The Department 
received a timely request from the Ad Hoc Shrimp Trade Action Committee 
(Domestic Producers) 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, 2009, 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, India and Thailand: Notice of Initiation of Administrative 
Reviews, 74 FR 15699 (April 7, 2009) (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, 2008, to January 31, 2009. See April 9, 2009, Memorandum to 
the File from Kate Johnson 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 May 1, 2009, the Domestic Producers submitted comments, 
which we addressed in the June 10, 2009, 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 May 8, 2009, 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 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

[[Page 28666]]

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 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-14244 Filed 6-16-09; 8:45 am]
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