Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42051 

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

includes the telson and the uropods. 

3On July 21, 2006, Bac Lieu JSC became the 

successor to Bac Lieu Limited; on February 1, 2005, 

Cadovimex Vietnam became the successor to 

Cadovimex; on June 1, 2006, STAPIMEX JSC 

became the successor to STAPIMEX; on June 29, 

2007, Thuan Phuoc JSC became the successor to 

Thuan Phuoc SOE; on June 15, 2006, UTXI Corp. 

became the successor to UTXI. See Memo to File, 

from Jerry Huang, International Trade Compliance 

Analyst, through Scot T. Fullerton, Program 

Manager, AD/CVD Office 9, regarding Analysis 

Memo for Preliminary Determination of 

Antidumping Duty Changed Circumstances 

Reviews of Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam (June 25, 2009) 

whether frozen, wild–caught (ocean 

harvested) or farm–raised (produced by 

aquaculture), head–on or head–off, 

shell–on or peeled, tail–on or tail–off,2

deveined or not deveined, cooked or 

raw, or otherwise processed in frozen 

form. 

The frozen 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 freezing 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 (HTS 

subheading 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 

(HTS subheadings 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.10.40); (7) certain dusted 

shrimp; and (8) certain battered shrimp. 

Dusted shrimp is a shrimp–based 

product: (1) That is produced from fresh 

(or thawed–from-frozen) 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 coated with 

the flour; (4) with the non–shrimp 

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 individually quick 

frozen (‘‘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 HTS 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, and 1605.20.10.30. These 

HTS 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. 

Final Results of Changed 

Circumstances Reviews 

For the reasons stated in the 

preliminary results, and because the 

Department did not receive any 

comments on the preliminary results of 

these reviews, the Department continues 

to find that the Five CCR Requestors are 

the successors–in-interest to the 

Original Companies, respectively, and 

that CAFISH is not the successor–ininterest to CATACO, for purposes of the 

antidumping duty cash–deposit rate.3

Accordingly, the Five CCR Requestors 

should receive the same antidumping 

duty treatment as the respective 

Original Companies to which we found 

them to be the successor–in-interest. 

CAFISH remains subject to the 

Vietnam–wide entity rate. 

Notification 

The Department will instruct U.S. 

Customs and Border Protection that the 

cash deposit determination from these 

changed circumstances reviews will 

apply to all shipments of the subject 

merchandise produced and exported by 

the Five CCR Requestors entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the final results of these 

changed circumstances reviews. This 

deposit rate shall remain in effect until 

publication of the final results of the 

next administrative review in which the 

Five CCR Requestors participate. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APOs’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.216. 

Dated: August 14, 2009. 

Carole Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

[FR Doc. E9–20060 Filed 8–19–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF97 

Marine Mammals; File No. 10137–01 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendment and proposed amendment. 

SUMMARY: Notice is hereby given that 

the NMFS Pacific Islands Fisheries 

Science Center, Marine Mammal 

Research Program (MMRP), 2570 Dole 

Street, Honolulu, HI 96822–2396 

(Responsible Party: Frank Parrish, 

Ph.D.), has been issued an amendment 

to Permit No. 10137 to conduct research 

and enhancement activities on 


sroberts on DSKD5P82C1PROD with NOTICES
42052 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 

Hawaiian monk seals (Monachus 

schauinslandi). 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808)944–2200; fax 

(808)973–2941. 

FOR FURTHER INFORMATION CONTACT: 

Amy Sloan or Kate Swails, (301)713– 

2289. 

SUPPLEMENTARY INFORMATION: On March 

6, 2008, notice was published in the 

Federal Register (73 FR 12137) that a 

request for a permit to take the species 

identified above had been submitted by 

the MMRP. The permit was issued on 

June 30, 2009 (74 FR 33210), under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216), the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.), 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). Notice of the 

proposed amendment was published on 

June 30, 2009 (74 FR 33210). 

Permit No. 10137 authorizes the 

MMRP to: (1) assess survivorship, 

reproductive rates, pup production, 

condition, abundance, movements 

among subpopulations, and incidence 

and causes of injury or mortality of 

Hawaiian monk seals; (2) diagnose 

disease, monitor exposure to disease, 

and develop normal baseline 

hematology and biochemistry 

parameters; (3) conduct activities to 

increase survival of individuals; and (4) 

investigate foraging ecology to 

determine foraging locations, diving 

parameters, characteristics of foraging 

substrate, and prey identification and 

foraging behaviors. 

Permit No. 10137–01 amends and 

replaces Permit No. 10137. Permit No. 

10137–01 authorizes the activities 

describe above and includes 

authorization to translocate six pups 

from French Frigate Shoals to Nihoa 

Island in 2009. Further translocations of 

up to 20 pup or juvenile between 

islands/atolls within the Northwestern 

Hawaiian Islands, as described in the 

original permit application, will be 

deferred until a separate Endangered 

Species Act section 7 consultation is 

completed. At such time, NMFS 

proposes to amend Permit No. 10137–01 

to include additional translocations of 

seals. Permit No. 10137–01 expires on 

June 30, 2014. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an environmental 

assessment was prepared analyzing the 

effects of the permitted activities. After 

a Finding of No Significant Impact, the 

determination was made that it was not 

necessary to prepare an environmental 

impact statement. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit: (1) was applied for in good 

faith; (2) will not operate to the 

disadvantage of such endangered 

species; and (3) is consistent with the 

purposes and policies set forth in 

section 2 of the ESA. 

Dated: August 14, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–20032 Filed 8–19–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1638] 

Reorganization/Expansion of ForeignTrade Zone 26; Atlanta, GA, Area 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Georgia Foreign-Trade 

Zone, Inc., grantee of Foreign-Trade 

Zone 26, submitted an application to the 

Board for authority to reorganize and 

expand its zone to remove acreage from 

Site 2, delete Site 8 in its entirety, and 

add eight new sites (proposed Sites 11– 

18) in the Atlanta, Georgia, area, within 

and adjacent to the Atlanta Customs and 

Border Protection port of entry (FTZ 

Docket 55–2008, filed 10/6/08); 

Whereas, notice inviting public 

comment was given in the Federal 

Register (73 FR 60676–60677, 10/14/08; 

correction, 73 FR 63675, 10/27/08) and 

the application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendation of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal, with respect to Site 2, 

Site 8 and Sites 11–17, is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to reorganize and 

expand FTZ 26 is approved in part 

(with respect to Site 2, Site 8 and Sites 

11–17), subject to the FTZ Act and the 

Board’s regulations, including Section 

400.28, and to the Board’s standard 

2,000-acre activation limit for the 

overall general-purpose zone project, 

and further subject to a sunset provision 

that would terminate authority on 

August 31, 2014, for Sites 11–17 where 

no activity has occurred under FTZ 

procedures before that date. 

Signed at Washington, DC, this 7th day of 

August 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary of Commerce for 

Import Administration, Alternate Chairman, 

Foreign-Trade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–20025 Filed 8–19–09; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

Notice of Intent, Pursuant to the 

Authority in Section 2(h)(7) of the 

Commodity Exchange Act and 

Commission Rule 36.3(c)(3), To 

Undertake a Determination Whether 

the Carbon Financial Instrument 

Contract Offered for Trading on the 

Chicago Climate Exchange, Inc., 

Performs a Significant Price Discovery 

Function 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of action and request for 

comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is undertaking a review 

to determine whether the Carbon 

Financial Instrument contract offered 

for trading on the Chicago Climate 

Exchange, Inc. (CCX), an exempt 

commercial market (‘‘ECM’’) under 

Sections 2(h)(3)–(5) of the Commodity 

Exchange Act (‘‘CEA’’ or the ‘‘Act’’), 

performs a significant price discovery 

function. Authority for this action is 

found in section 2(h)(7) of the CEA and 

Commission rule 36.3(c) promulgated 

thereunder. In connection with this 

evaluation, the Commission invites 

comment from interested parties. 

DATES: Comments must be received on 

or before September 4, 2009. 


sroberts on DSKD5P82C1PROD with NOTICES