Federal Register, Volume 91 Issue 34 (Friday, February 20, 2026)

[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Notices]
[Pages 8182-8184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03424]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]

Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review; 2023-2024

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this administrative review made
sales of certain frozen warmwater shrimp (shrimp) from Thailand at less
than normal value during the period of review (POR), February 1, 2023,
through January 31, 2024.

DATES: Applicable February 20, 2026.

FOR FURTHER INFORMATION CONTACT: Gregory Taushani or Carter Sherwin,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1012 or (202)-
482-4260, respectively.

SUPPLEMENTARY INFORMATION:

Background

On June 11, 2025, Commerce published the Preliminary Results in the
Federal Register, and invited interested parties to comment.\1\ On
August 6, 2025, Commerce issued a Post-Preliminary Analysis that made
changes to the differential pricing analysis method utilized in the
Preliminary Results.\2\ We invited interested parties to comment on the
Post-Preliminary Analysis.\3\ On June 23 through 27, 2025, Commerce
conducted verification of Thai Union's \4\ questionnaire responses.\5\
On September 17, 2025, Commerce extended the deadline for these final
results to December 8, 2025.\6\
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\1\ See Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Rescission of Review, in Part, and Preliminary Determination of No
Shipments; 2023-2024, 90 FR 24572, 24574 (June 11, 2025)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis,'' dated August
6, 2025 (Post-Preliminary Analysis).
\3\ See Memorandum, ``Briefing Schedule for Post-Preliminary
Determination,'' dated August 7, 2025.
\4\ In the 2012-2013 administrative review, Commerce found that
the following companies comprised a single entity: Thai Union Frozen
Products Public Co. Ltd.; Thai Union Seafood Co., Ltd.; Pakfood
Public Company Limited; Asia Pacific (Thailand) Co., Ltd; Chaophraya
Cold Storage Co., Ltd.; Okeanos Co., Ltd; Okeanos Food Co., Ltd.;
Takzin Samut Co., Ltd. See Certain Frozen Warmwater Shrimp from
Thailand: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Partial Rescission of
Review; 2012-2013, 79 FR 51306 (August 28, 2014). Further, on
January 5, 2016, Commerce found that Thai Union Group Public Co.,
Ltd. is the successor-in-interest to Thai Union Frozen Products
Public Co., Ltd. See Notice of Final Results of Antidumping Changed
Circumstances Review: Certain Frozen Warmwater Shrimp from Thailand,
81 FR 222 (January 5, 2016). Therefore, absent information to the
contrary, we are treating these companies as a single entity for the
purposes of this administrative review.
\5\ See Memorandum, ``Verification of the Sales and Cost
Responses of Thai Union Group Public Co., Ltd. in the 2023-2024
Antidumping Duty Administrative Review of Frozen Warmwater Shrimp
from Thailand,'' dated July 22, 2025.
\6\ See Memorandum, ``Extension of Deadline for Final Results of
the 2023-2024 Antidumping Duty Administrative Review,'' dated
September 17, 2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\7\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\8\ Accordingly, the deadline for these final
results is now February 17, 2026.
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\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that occurred since
Commerce published the Preliminary Results and Post-Preliminary
Analysis, see the Issues and Decision Memorandum.\9\ Additionally, a
full discussion of the issues raised by parties for these final results
are discussed in the Issues and Decision Memorandum. The Issues and
Decision Memorandum is a public document and is on file electronically
via ACCESS. ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Frozen Warmwater Shrimp from Thailand; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order ¹⁰
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\10\ 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 (February 1, 2005) (Order).
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The merchandise covered by the scope of the Order is shrimp from

[[Page 8183]]

Thailand. For a complete description of the scope, see the Issues and
Decision Memorandum.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs submitted by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice as Appendix I.

Changes Since the Preliminary Results and Post-Preliminary Analysis

Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to Thai Union and Thai Royal Frozen Food Co., Ltd.'s (Thai
Royal) post-preliminary weighted-average dumping margin calculations.
Additionally, we made certain changes to the selection methodology of
the adverse facts available rate used in the Preliminary Results for
Charoen Pokphand Foods Public Co., Ltd. (Pokphand Foods). For a full
discussion of these changes, see the Issues and Decision Memorandum.

Rate for Non-Selected Companies

The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
The estimated weighted-average dumping margin established for Thai
Royal is zero percent, while the rate assigned to Pokphand Foods is
based on total facts available with adverse inferences, pursuant to
section 776 of the Act. Section 735(c)(5)(A) of the Act states that
``The estimated all-others rate shall be an amount equal to the
weighted average of the estimated weighted average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776.'' Accordingly, consistent with section
735(c)(5)(A) of the Act, we assigned the companies not selected for
individual examination in this review a weighted-average dumping margin
based on the rate of 2.01 percent calculated for Thai Union, the only
calculated rate in this review that is not zero or determined entirely
under section 776 of the Act. The companies not selected for individual
examination are listed in Appendix II.

Final Results of Administrative Review

We determine that the following estimated weighted-average dumping
margins exist for the period February 1, 2023, through January 31,
2024:

------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
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Charoen Pokphand Foods Public Co., Ltd............... * 17.38
Thai Union Group Public Co., Ltd.; Thai Union Seafood 2.01
Co., Ltd.; Thai Union Frozen Products Public Co.
Ltd.; Pakfood Public Company Limited; Asia Pacific
(Thailand) Co. Ltd.; Chaophraya Cold Storage Co.,
Ltd.; Okeanos Co., Ltd.; Okeanos Food Co., Ltd.;
Takzin Samut Co., Ltd...............................
Thai Royal Frozen Foods Co., Ltd..................... ** 0.00
Review-Specific Rate for Non-Examined Companies \11\. 2.01
------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.
** de minimis.

Disclosure
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\11\ See Appendix II for a list of the non-selected companies.
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Commerce intends to disclose the calculations and analysis
performed in connection with these final results to interested parties
within five days of any public announcement or, if there is no public
announcement, within five days of the publication date of this notice
in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced/exported by Thai Royal or
Thai Union for which the reviewed companies did not know that the
merchandise they sold to an intermediary (e.g., a reseller, trading
company or exporter) was destined for the United States. In such
instances, we will instruct CBP to liquidate the unreviewed entries at
the all-others rate made effective by the Section 129 Determination of
5.34 percent ad valorem,\13\ if there is no rate for the intermediate
company(ies) involved in the transaction.
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\13\ See 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, 74 FR 5638 (January 30, 2009)
(Section 129 Determination).

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[[Page 8184]]

Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).

Cash Deposit Requirements

The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the producer
is, then the cash deposit rate will be the rate established for the
most recently-completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.34 percent, the all-others
rate established in the Section 129 Determination.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Section 129 Determination.
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Notification to Importers

This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.

Notification Regarding Administrative Protective Order (APO)

This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or 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.

Notification to Interested Parties

We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

Dated: February 17, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Use Average-to-Transaction (A-T) or
Average-to-Average (A-A) Comparison Method
Comment 2: Differential Pricing Test
Comment 3: Whether Commerce Correctly Applied an Adverse Facts
Available (AFA) Rate to Charoen Pokhand Foods Public Co., Ltd.
(Charoen) and the Selection of the AFA Rate
Comment 4: Selection of Rate for Non-Individually Examined
Companies
Comment 5: Whether Commerce Captured Thai Royal's Entire
Universe of Sales
Comment 6: Whether to Correct the Calculation of Thai Royal's
Assessment Rates
Comment 7: Whether to Grant Thai Union a Level of Trade (LOT)
Adjustment and/or Constructed Export Price (CEP) Offset
Comment 8: Thai Union's Sales and Cost Databases
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. B.S.A. Food Products Co., Ltd.
2. C.K. Frozen Fish and Food Co., Ltd.
3. Good Luck Product Co., Ltd.
4. I.T. Foods Industries Co., Ltd.
5. Kingfisher Holdings Ltd.; KF Foods Limited; KF Foods
6. Kitchens of the Ocean (Thailand) Company, Ltd.; Kitchens of the
Ocean (Thailand) Ltd.
7. Kongphop Frozen Foods Co., Ltd.
8. Lee Heng Seafood Co., Ltd.
9. Phatthana Frozen Food Co., Ltd.
10. Seafresh Industry Public Co., Ltd.; Seafresh Fisheries
11. Tey Seng Cold Storage Co., Ltd.; Chaiwarut Co., Ltd.; Chaiwarut
Company Limited
12. Thai Union Manufacturing Company Limited/
13. Xian-Ning Seafood Co., Ltd.

[FR Doc. 2026-03424 Filed 2-19-26; 8:45 am]
BILLING CODE 3510-DS-P