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withdrawn from warehouse, for 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

5640 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 

telephone: (202) 482–6412 and (202) 

482–0650, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on chlorinated 

isocyanurates from the PRC was 

published on June 24, 2005. See Notice 

of Antidumping Duty Order: 

Chlorinated Isocyanurates From the 

People’s Republic of China, 70 FR 36561 

(June 24, 2005). On December 22, 2008, 

we received a timely request for a new 

shipper review from Juancheng Kangtai 

Chemical Co., Ltd. (‘‘Kangtai’’) in 

accordance with 19 CFR 351.214(c) and 

351.214(d)(2). Kangtai has certified that 

it produced all of the chlorinated 

isocyanurates it exported which is the 

basis for its request for a new shipper 

review. 

Pursuant to the requirements set forth 

in 19 CFR 351.214(b)(2)(i), in its request 

for a new shipper review, Kangtai, as an 

exporter and producer, certified that (1) 

it did not export chlorinated 

isocyanurates to the United States 

during the period of investigation 

(‘‘POI’’); (2) since the initiation of the 

investigation, Kangtai has never been 

affiliated with any company that 

exported subject merchandise to the 

United States during the POI; and (3) its 

export activities were not controlled by 

the central government of the PRC. 

In accordance with 19 CFR 

351.214(b)(2)(iv), Kangtai submitted 

documentation establishing the 

following: (1) The date on which it first 

shipped chlorinated isocyanurates for 

export to the United States and the date 

on which the chlorinated isocyanurates 

were first entered, or withdrawn from 

warehouse, for consumption; (2) the 

volume of its first shipment; and (3) the 

date of its first sale to an unaffiliated 

customer in the United States. 

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Tariff Act of 1930, as amended (the 

‘‘Act’’) and 19 CFR 351.214(d)(1), we 

find that the request submitted by 

Kangtai meets the threshold 

requirements for initiation of a new 

shipper review for shipments of 

chlorinated isocyanurates from the PRC 

produced and exported by Kangtai. See 

Memorandum to the File through 

Wendy Frankel, Office Director, New 

Shipper Initiation Checklist, dated 

January 21, 2009. The POR is June 1, 

2008, through November 30, 2008. See 

19 CFR 351.214(g)(1)(i)(B). The 

Department will conduct this review 

according to the deadlines set forth in 

section 751(a)(2)(B)(iv) of the Act. 

It is the Department’s usual practice, 

in cases involving non-market 

economies, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

country-wide rate provide evidence of 

de jure and de facto absence of 

government control over the company’s 

export activities. Accordingly, we will 

issue questionnaires to Kangtai, which 

will include separate rate sections. The 

review will proceed if the response 

provides sufficient indication that 

Kangtai is not subject to either de jure 

or de facto government control with 

respect to its export of chlorinated 

isocyanurates. 

On August 17, 2006, the Pension 

Protection Act of 2006, Public Law 109– 

280, (‘‘H.R. 4’’), was signed into law. 

Section 1632 of H.R. 4 temporarily 

suspends the authority of the 

Department to instruct U.S. Customs 

and Border Protection to collect a bond 

or other security in lieu of a cash 

deposit in new shipper reviews during 

the period April 1, 2006, through June 

30, 2009. Therefore, the posting of a 

bond or other security under section 

751(a)(2)(B)(iii) of the Act in lieu of a 

cash deposit is not available in this case. 

Importers of chlorinated isocyanurates 

exported and produced by Kangtai must 

continue to post a cash deposit of 

estimated antidumping duties on each 

entry of subject merchandise at the PRCwide rate of 285.63 percent. 

Interested parties requiring access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. 

This initiation and notice are in 

accordance with section 751(a)(2)(B) of 

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: January 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–2077 Filed 1–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; 2009 Coastal 

Resource Management Customer 

Survey 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before March 31, 2009. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 7845, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Chris Ellis at NOAA Coastal 

Services Center, (843) 740–1195 or 

Chris.Ellis@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

In continuing compliance with 

Executive Order 12862, Setting 

Customer Service Standards, this survey 

will be used by the NOAA Coastal 

Services Center to obtain information 

from customers—state and territorial 

coastal resource managers—about their 

natural resource management issues, 

their needs for information, training, 

and technical assistance, and their 

technical capabilities in order to make 

quality improvements to the Center’s 

products and services. 

II. Method of Collection 

Respondents have a choice of either 

electronic or paper forms. Methods of 

submittal include electronic forms, and 

mail and facsimile transmission of 

paper forms. 

III. Data 

OMB Control Number: 0648–0308. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Non-profit 

institutions; State, local, or tribal 

government; business or other for-profit 

organizations. 

Estimated Number of Respondents: 

500. 

Estimated Time per Response: 20 

minutes. 

Estimated Total Annual Burden 

Hours: 167. 

Estimated Total Annual Cost to 

Public: $0. 

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