76918 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

liquidation of all entries of certain 

frozen and canned warmwater shrimp 

from India that are entered, or 

withdrawn from warehouse, for 

consumption on or after August 4, 2004, 

the publication date of the preliminary 

determination in the Federal Register. 

However, because we find that critical 

circumstances do not exist with regard 

to imports by HLL of certain frozen and 

canned warmwater shrimp from India, 

we will instruct CBP to terminate the 

retroactive suspension of liquidation for 

HLL between May 6, 2004 (90 days prior 

to the date of publication of the 

preliminary determination), and August 

4, 2004, which was instituted due to the 

preliminary affirmative critical 

circumstances finding for this 

respondent. CBP shall also release any 

bond or other security, and refund any 

cash deposit required, under section 

733(d)(1)(B) of the Act with respect to 

HLL’s entries of the merchandise the 

liquidation of which was suspended 

retroactively under section 733(e)(2) of 

the Act. For entries on or after August 

4, 2004, CBP shall continue to require 

a cash deposit or the posting of a bond 

based on the estimated weightedaverage dumping margins shown below. 

The suspension of liquidation 

instructions will remain in effect until 

further notice.

Final Determination Margins 

The weighted-average dumping 

margins are as follows:

Exporter/manufacturer Weighted-average 

margin percentage 

Devi Sea Foods Ltd. ....... 5.02 

Hindustan Lever Ltd. ...... 13.42 

Nekkanti Seafoods Ltd. .. 9.71 

All Others ........................ 9.45 

In accordance with section 

735(c)(5)(A), we have based the ‘‘All 

Others’’ rate on the weighted average of 

the dumping margins calculated for the 

exporters/manufacturers investigated in 

this proceeding. 

ITC Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our determination. As our final 

determination is affirmative, the ITC 

will determine within 45 days whether 

these imports are causing material 

injury, or threat of material injury, to an 

industry in the United States. If the ITC 

determines that material injury or threat 

of injury does not exist, the proceeding 

will be terminated and all securities 

posted will be refunded or canceled. If 

the ITC determines that such injury 

does exist, the Department will issue an 

antidumping duty order directing CBP 

officials to assess antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

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. 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act.

Dated: December 17, 2004. 

James Jochum, 

Assistant Secretary for Import 

Administration.

Appendix—Issues in the Decision 

Memorandum 

Comments 

1. Offsets for Non-Dumped Sales 

2. Methodology for Calculating the ‘‘All 

Others’’ Rate 

3. Use of Container Weight as a Matching 

Characteristic 

4. Position of Species in the Matching 

Hierarchy 

5. ‘‘As Sold’’ Versus ‘‘HLSO’’ Product 

Comparisons 

6. Use of Forward Exchange Contracts to 

Make Currency Conversions 

7. Revenue from the Duty Entitlement 

Passbook Scheme 

8. Export House Revenue 

9. Ministerial Errors in the Preliminary 

Determination 

10. Selection of Comparison Market for Devi 

11. Credit Expenses for Devi 

12. Third Country Sale Outside the Ordinary 

Course of Trade for HLL 

13. Glazing Adjustment for HLL 

14. Filler Adjustment for HLL 

15. Bank Charges for HLL 

16. General and Administrative Expenses for 

HLL 

17. Level at Which Financing Expenses Are 

Calculated for HLL 

18. Offset to Financing Expenses for HLL 

19. Cost Reconciliation for HLL 

20. Critical Circumstances for HLL 

21. Additional Revenue for Nekkanti

[FR Doc. 04–28170 Filed 12–21–04; 10:32 

am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–549–822] 

Notice of Final Determination of Sales 

at Less Than Fair Value and Negative 

Final Determination of Critical 

Circumstances: Certain Frozen and 

Canned Warmwater Shrimp From 

Thailand

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

EFFECTIVE DATE: December 23, 2004.

SUMMARY: On August 4, 2004, the 

Department of Commerce published its 

preliminary determination of sales at 

less than fair value of certain frozen and 

canned warmwater shrimp from 

Thailand. The period of investigation is 

October 1, 2002, through September 30, 

2003. 

Based on our analysis of the 

comments received, we have made 

changes in the margin calculations. 

Therefore, the final determination 

differs from the preliminary 

determination. The final weightedaverage dumping margins for the 

investigated companies are listed below 

in the section entitled ‘‘Final 

Determination Margins.’’

FOR FURTHER INFORMATION CONTACT: Irina 

Itkin or Alice Gibbons, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0656 or (202) 482–

0498, respectively.

SUPPLEMENTARY INFORMATION: 

Final Determination 

We determine that certain frozen and 

canned warmwater shrimp from 

Thailand is being, or is likely to be, sold 

in the United States at less-than-fairvalue (LTFV), as provided in section 

735 of the Tariff Act of 1930, as 

amended (the Act). The estimated 

margins of sales of LTFV are shown in 

the ‘‘Continuation of Suspension of 

Liquidation’’ section of this notice. In 

addition, we determine that there is no 

reasonable basis to believe or suspect 

that critical circumstances exist with 

respect to imports of the subject 

merchandise from Thailand. 

Case History 

The preliminary determination in this 

investigation was published on August 

4, 2004. See Notice of Preliminary 

Determination of Sales at Less Than 

Fair Value, Postponement of Final 

Determination, and Negative Critical 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 76919

1The petitioners in this investigation are the Ad 

Hoc Shrimp Trade Action Committee (an ad hoc 

coalition representative of U.S. producers of frozen 

and canned warmwater shrimp and harvesters of 

wild-caught warmwater shrimp), Versaggi Shrimp 

Corporation, and Indian Ridge Shrimp Company.

2 In addition to these scope determinations, the 

Department previously made five other scope 

determinations: (1) On May 21, 2004, the 

Department declined to expand the scope of this 

investigation to include fresh (never frozen) shrimp; 

(2) on July 2, 2004, pursuant to a request from 

Ocean Duke Corporation, an interested party in this 

investigation, the Department found that its 

‘‘Seafood Mix’’ is excluded from the scope of this 

investigation; (3) on July 2, 2004, the Department 

found that salad shrimp, sold in counts of 250 

pieces or higher, are included within the scope of 

this investigation; (4) on July 2, 2004, the 

Department found that Macrobrachium rosenbergii

and organic shrimp are included within the scope 

of this investigation; and (5) on July 2, 2004, the 

Department found that peeled shrimp are included 

within the scope of this investigation.

3 ‘‘Tails’’ in this context means the tail fan, which 

includes the telson and the uropods.

Circumstances Determination: Certain 

Frozen and Canned Warmwater Shrimp 

From Thailand, 69 FR 47100 (Aug. 4, 

2004) (Preliminary Determination). 

Since the preliminary determination, 

the following events have occurred. 

During the period July through October 

2004, various interested parties, 

including the petitioners,1 submitted 

comments on the scope of this and the 

concurrent investigations of certain 

frozen and canned warmwater shrimp.

In August and September 2004, we 

conducted verification of the 

questionnaire responses of the three 

respondents in this case, Andaman 

Seafood Co., Ltd., Chanthaburi Seafoods 

Co., Ltd., and Thailand Fishery Cold 

Storage Public Co., Ltd. (collectively 

‘‘the Rubicon Group’’); Thai I-Mei 

Frozen Foods Co., Ltd. (Thai I-Mei); and 

the Union Frozen Products Co., Ltd. 

(UFP). 

In October and November 2004, we 

received case briefs from the petitioners, 

the respondents, and the Government of 

Thailand and Xian-Ning Seafood Co., 

Ltd., interested parties in this 

investigation, and rebuttal briefs from 

the petitioners, the Rubicon Group, and 

Thai I-Mei. Two of the respondents (i.e., 

the Rubicon Group and Thai I-Mei) and 

the American Breaded Shrimp 

Processors, an interested party, 

requested that a hearing be held by the 

Department. However, in November 

2004, the Department canceled the 

hearing because the Rubicon Group and 

Thai I-Mei withdrew their requests. See

the November 3, 2004, memorandum to 

the file from Alice Gibbons entitled, 

‘‘Cancellation of Public Hearing in the 

Antidumping Duty Investigation on 

Certain Frozen and Canned Warmwater 

Shrimp from Thailand.’’ On November 

23, 2004, the Department convened a 

public hearing on scope issues. 

On November 29, 2004, the 

Department made final scope 

determinations with respect to shrimp 

scampi and dusted and battered shrimp. 

See the November 29, 2004, Memoranda 

from Edward C. Yang to Barbara E. 

Tillman, Acting Deputy Assistant 

Secretary for Import Administration 

entitled ‘‘Scope Clarification on Shrimp 

Scampi’’; and ‘‘Scope Clarification on 

Dusted Shrimp and Battered Shrimp,’’

respectively. See also the ‘‘Scope of 

Investigation’’ section of this notice, 

below, for further discussion.2

Also on November 29, 2004, the 

Department clarified that a shrimp 

sauce produced by a company in the 

companion investigation of frozen and 

canned warmwater shrimp from the 

People’s Republic of China, Lee Kum 

Kee (USA) Inc., is not covered by the 

scope of that investigation. See the 

November 29, 2004, Memorandum from 

Edward C. Yang to Barbara E. Tillman, 

Acting Deputy Assistant Secretary for 

Import Administration entitled ‘‘Scope 

Clarification on Lee Kum Kee’s Shrimp 

Sauce.’’

Period of Investigation 

The period of investigation is October 

1, 2002, through September 30, 2003. 

Analysis of Comments Received 

The various scope issues are 

discussed in the ‘‘Case History’’ section 

of this notice and the separate scope 

memoranda. All other issues raised in 

the case and rebuttal briefs by parties in 

this investigation are addressed in the 

‘‘Issues and Decision Memorandum’’

(Decision Memorandum) from Barbara 

E. Tillman, Acting Deputy Assistant 

Secretary for Import Administration to 

James Jochum, Assistant Secretary for 

Import Administration, dated December 

17, 2004, which is adopted by this 

notice. Parties can find a complete 

discussion of the issues raised in this 

investigation and the corresponding 

recommendations in this public 

memorandum, which is on file in the 

Central Records Unit, room B–099 of the 

main Commerce Building. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/

index.html. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Scope of Investigation 

The scope of this investigation 

includes certain warmwater shrimp and 

prawns, whether frozen or canned, 

wild-caught (ocean harvested) or farmraised (produced by aquaculture), headon or head-off, shell-on or peeled, tailon or tail-off,3 deveined or not 

deveined, cooked or raw, or otherwise 

processed in frozen or canned form.

The frozen or canned warmwater 

shrimp and prawn products included in 

the scope of this investigation, 

regardless of definitions in the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’), are products 

which are processed from warmwater 

shrimp and prawns through either 

freezing or canning and which are sold 

in any count size. 

The products described above may be 

processed from any species of 

warmwater shrimp and prawns. 

Warmwater shrimp and prawns are 

generally classified in, but are not 

limited to, the Penaeidae family. Some 

examples of the farmed and wild-caught 

warmwater species include, but are not 

limited to, whiteleg shrimp (Penaeus 

vannemei), banana prawn (Penaeus 

merguiensis), fleshy prawn (Penaeus 

chinensis), giant river prawn 

(Macrobrachium rosenbergii), giant tiger 

prawn (Penaeus monodon), redspotted 

shrimp (Penaeus brasiliensis), southern 

brown shrimp (Penaeus subtilis), 

southern pink shrimp (Penaeus 

notialis), southern rough shrimp 

(Trachypenaeus curvirostris), southern 

white shrimp (Penaeus schmitti), blue 

shrimp (Penaeus stylirostris), western 

white shrimp (Penaeus occidentalis), 

and Indian white prawn (Penaeus 

indicus). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of this 

investigation. In addition, food 

preparations, which are not ‘‘prepared 

meals,’’ that contain more than 20 

percent by weight of shrimp or prawn 

are also included in the scope of this 

investigation. 

Excluded from the scope are: (1) 

Breaded shrimp and prawns 

(1605.20.10.20); (2) shrimp and prawns 

generally classified in the Pandalidae

family and commonly referred to as 

coldwater shrimp, in any state of 

processing; (3) fresh shrimp and prawns 

whether shell-on or peeled 

(0306.23.00.20 and 0306.23.00.40); (4) 

shrimp and prawns in prepared meals 

(1605.20.05.10); (5) dried shrimp and 

prawns; (6) dusted shrimp; and (7) 

battered shrimp. Dusted shrimp is a 

shrimp-based product: (1) That is 

produced from fresh (or thawed-fromfrozen) and peeled shrimp; (2) to which 

a ‘‘dusting’’ layer of rice or wheat flour 

of at least 95 percent purity has been 

applied; (3) with the entire surface of 

the shrimp flesh thoroughly and evenly 

76920 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

4The following companies are part of the 

Rubicon Group and thus have been assigned the 

same dumping margin: Andaman Seafood Co., Ltd., 

Chanthaburi Frozen Food Co., Ltd., Chanthaburi 

Seafoods Co., Ltd., Phattana Seafood Co., Ltd., 

Thailand Fishery Cold Storage Public Co., Ltd., 

Thai International Seafood Co., Ltd., Wales & 

Company Universe, Ltd., and Y2K Frozen Food Co., 

Ltd.

coated with the flour; (4) with the nonshrimp content of the end product 

constituting between four and 10 

percent of the product’s total weight 

after being dusted, but prior to being 

frozen; and (5) that is subjected to IQF 

freezing immediately after application 

of the dusting layer. Battered shrimp is 

a shrimp-based product that, when 

dusted in accordance with the 

definition of dusting above, is coated 

with a wet viscous layer containing egg 

and/or milk, and par-fried. 

The products covered by this 

investigation are currently classified 

under the following HTSUS 

subheadings: 0306.13.00.03, 

0306.13.00.06, 0306.13.00.09, 

0306.13.00.12, 0306.13.00.15, 

0306.13.00.18, 0306.13.00.21, 

0306.13.00.24, 0306.13.00.27, 

0306.13.00.40, 1605.20.10.10, 

1605.20.10.30, and 1605.20.10.40. These 

HTSUS subheadings are provided for 

convenience and for customs purposes 

only and are not dispositive, but rather 

the written description of the scope of 

this investigation is dispositive.

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verification, we have made certain 

changes to the margin calculations. For 

a discussion of these changes, see the 

‘‘Margin Calculations’’ section of the 

Decision Memorandum. 

Critical Circumstances 

In our preliminary determination, we 

found that critical circumstances did 

not exist with respect to imports of the 

subject merchandise from Thailand 

because the requirements of section 

733(e)(1)(A) of the Act had not been 

met. See Preliminary Determination, 69 

FR at 47109–10. For the final 

determination, we continue to find that 

critical circumstances do not exist for 

the same reasons, in accordance with 

section 735(a)(3)(A) of the Act. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by the respondents for use in 

our final determination. We used 

standard verification procedures 

including examination of relevant 

accounting and production records, and 

original source documents provided by 

the respondents. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we are directing 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all entries of certain 

frozen and canned warmwater shrimp 

from Thailand that are entered, or 

withdrawn from warehouse, for 

consumption on or after August 4, 2004, 

the publication date of the preliminary 

determination in the Federal Register. 

CBP shall continue to require a cash 

deposit or the posting of a bond based 

on the estimated weighted-average 

dumping margins shown below. The 

suspension of liquidation instructions 

will remain in effect until further notice. 

Final Determination Margins 

The weighted-average dumping 

margins are as follows:

Exporter/manufacturer 4 Weighted-average 

margin percentage 

Andaman Seafood Co., 

Ltd. .............................. 5.79 

Chanthaburi Seafoods 

Co., Ltd. ...................... 5.79 

Chanthaburi Frozen Food 

Co., Ltd. ...................... 5.79 

Phattana Seafood Co., 

Ltd. .............................. 5.79 

Thai I-Mei Frozen Foods 

Co., Ltd. ...................... 6.20 

Thailand Fishery Cold 

Storage Public Co., 

Ltd. .............................. 5.79 

Thai International Seafood Co., Ltd. .............. 5.79 

The Union Frozen Products Co., Ltd. ............... 6.82 

Wales & Company Universe, Ltd. ................... 5.79 

Y2K Frozen Food Co., 

Ltd. .............................. 5.79 

All Others ........................ 6.03 

In accordance with section 

735(c)(5)(A) of the Act, we have based 

the ‘‘all others’’ rate on the weighted 

average of the dumping margins 

calculated for the exporters/

manufacturers investigated in this 

proceeding.

ITC Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our determination. As our final 

determination is affirmative, the ITC 

will determine within 45 days whether 

these imports are causing material 

injury, or threat of material injury, to an 

industry in the United States. If the ITC 

determines that material injury or threat 

of injury does not exist, the proceeding 

will be terminated and all securities 

posted will be refunded or canceled. If 

the ITC determines that such injury 

does exist, the Department will issue an 

antidumping duty order directing CBP 

officials to assess antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

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. 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act.

Dated: December 17, 2004. 

James Jochum, 

Assistant Secretary for Import 

Administration.

Appendix—Issues in the Decision 

Memo 

Comments 

1. Offsets for Non-Dumped Sales 

2. Revenue from the Thai Government Duty 

Compensation Program 

3. Ministerial Errors in the Preliminary 

Determination 

4. Exclusion of Broken Shrimp from the 

Margin Calculations 

5. Whether to Grant a Constructed Export 

Price (CEP) Offset for the Rubicon Group 

6. Allocation of Indirect Selling Expenses for 

the Rubicon Group 

7. Treatment of Transportation Expenses for 

the Rubicon Group 

8. Double Counting in the Calculation of 

Financial Ratios for the Rubicon Group 

9. Verification Corrections for the Rubicon 

Group 

10. Date-of-Sale Methodology for Thai I-Mei 

11. Count Sizes for Thai I-Mei 

12. Appropriate Denominator to Use for 

General and Administrative (G&A) and 

Interest Calculations for Thai I-Mei 

13. Adverse Facts Available (AFA) Cost 

Adjustments for Thai I-Mei 

14. Calculation of Constructed Value (CV) 

Profit for Thai I-Mei 

15. Adjustment to Cost Offset Reported for 

UFP

[FR Doc. 04–28171 Filed 12–21–04; 8:45 am] 

BILLING CODE 3510–DS–P