5638 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 

1See 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). 

directed to Larry Hall, BIS ICB Liaison, 

(202)482–4895, lhall@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This information collection supports 

the various collections, notifications, 

reports, and information exchanges that 

are needed by the Bureau of Industry 

and Security’s (BIS) Office of Export 

Enforcement and U.S. Customs to 

enforce the Export Administration 

Regulations (EAR) and maintain the 

National Security of the United States. 

This collection of information involves 

nine miscellaneous activities described 

in Section 758 of the EAR that are 

associated with the export of items 

controlled by the Department of 

Commerce. Most of these activities do 

not involve submission of documents to 

the BIS but instead involve exchange of 

documents among parties in the export 

transaction to insure that each party 

understands its obligations under U.S. 

law. Others involve writing certain 

export control statements on shipping 

documents or reporting unforeseen 

changes in shipping and disposition of 

commodities. 

II. Method of Collection 

Submitted electronically or in paper 

form. 

III. Data 

OMB Control Number: 0694–0122. 

Form Number(s): None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

1,427,450. 

Estimated Time per Response: 5 

seconds to 2 hours and 30 minutes, 

depending on the required document(s). 

Estimated Total Annual Burden 

Hours: 77,926. 

Estimated Total Annual Cost to 

Public: $0. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: January 26, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–1952 Filed 1–29–09; 8:45 am] 

BILLING CODE 3510–33–P 

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. 

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), 

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Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 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: 

Manufacturer/Exporter 

Amended final 

determination 

(percent) 

Re-calculated 

margins 

(percent) 

The Rubicon Group (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) ...................................................................................................................................................................... 5.91 1 1.94 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–898] 

Chlorinated Isocyanurates From the 

People’s Republic of China: Initiation 

of New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

DATES: Effective Date: January 30, 2009. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

a request for a new shipper review of 

the antidumping duty order on 

chlorinated isocyanurates from the 

People’s Republic of China (‘‘PRC’’), 

received on December 22, 2008, meets 

the statutory and regulatory 

requirements for initiation. The period 

of review (‘‘POR’’) of this new shipper 

review is June 1, 2008, through 

November 30, 2008. 

FOR FURTHER INFORMATION CONTACT: Lilit 

Astvatsatrian or Charles Riggle AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

mstockstill on PROD1PC66 with NOTICES