52452 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

semi-annual new shipper review of the 

antidumping duty order on chlorinated 

isocyanurates from the People’s 

Republic of China, covering the period 

June 1, 2008, through November 30, 

2008, and the exporter, Juancheng 

Kangtai Chemical co., Ltd. (‘‘Kangtai’’). 

See Chlorinated Isocyanurates from the 

People’s Republic of China: Preliminary 

Results of June 2008 through November 

2008 Semi-Annual New Shipper Review, 

74 FR 37007 (July 27, 2009). The final 

results are currently due on October 18, 

2009. 

Extension of Time Limits for Final 

Results 

Section 751(a)(2)(B)(iv) of the Tariff 

Act of 1930, as amended (‘‘the Act’’), 

and 19 CFR 351.214(i)(1) require the 

Department to issue the final results of 

a new shipper review within 90 days 

after the date on which the preliminary 

results were issued. The Department 

may, however, extend the 90-day period 

for completion of the final results of a 

new shipper review to 150 days if it 

determines that the case is 

extraordinarily complicated. See section 

751(a)(2)(B)(iv) of the Act and 19 CFR 

351.214(i)(2). 

As a result of issues raised in this new 

shipper review, specifically the issue of 

collapsing Kangtai into a single entity 

with its affiliated supplier, certain 

surrogate values, and surrogate financial 

ratios, the Department determines that 

this new shipper review is 

extraordinarily complicated and it 

cannot complete this new shipper 

review within the current time limit. 

Accordingly, the Department is 

extending the time limit for the 

completion of the final results by 60 

days until December 17, 2009, in 

accordance with sections 

751(a)(2)(B)(iv) of the Act and 19 CFR 

351.214(i)(2). 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(2)(B) and 777(i)(1) of the Act. 

Dated: October 6, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–24600 Filed 10–9–09; 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: Notice of 

Extension of Time Limit for the Final 

Results of the Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Moats 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; 

telephone: (202) 482–5047 or (202) 482– 

0650, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 8, 2009, the Department of 

Commerce (‘‘the Department’’) 

published the preliminary results of the 

administrative review of the 

antidumping duty order on chlorinated 

isocyanurates from the People’s 

Republic of China (‘‘PRC’’). See 

Chlorinated Isocyanurates from the 

People’s Republic of China: Preliminary 

Results of Administrative Review, 74 FR 

27104 (June 8, 2009). This review covers 

the period June 1, 2007, through May 

31, 2008. The final results of review are 

currently due no later than October 6, 

2009. 

Extension of Time Limit for Final 

Results of Review 

Pursuant to section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), the Department shall issue the 

final results of an administrative review 

within 120 days after the date on which 

the preliminary results are published. 

However, if it is not practicable to 

complete the review within this time 

period, section 751(a)(3)(A) of the Act 

allows the Department to extend the 

time period to a maximum of 180 days. 

Completion of the final results of this 

review within the 120-day period is not 

practicable because the Department 

needs additional time to analyze and 

address complicated by–product and 

surrogate value issues for the final 

results. Because it is not practicable to 

complete this review within the time 

specified under the Act, we are 

extending the time period for issuing 

the final results of the administrative 

review by 30 days in accordance with 

section 751(a)(3)(A) of the Act. 

Therefore, the final results will be due 

Thursday, November 5, 2009, which is 

150 days from publication of the 

preliminary results. 

This notice is published in 

accordance with sections 751(a)(3)(A) 

and 777(i) of the Act. 

Dated: October 2, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–24604 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–822] 

Certain Frozen Warmwater Shrimp 

From Thailand: Final Results of 

Antidumping Duty Changed 

Circumstances Review and Notice of 

Revocation in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: October 13, 2009. 

SUMMARY: On August 5, 2009, the 

Department of Commerce (the 

Department) published a notice of 

preliminary results of changed 

circumstances review of the 

antidumping duty order on frozen 

warmwater shrimp (shrimp) from 

Thailand. In that notice, we 

preliminarily determined that it was 

appropriate to treat the Rubicon Group 

inclusive of Phatthana Frozen Food Co., 

Ltd. (PFF) and Sea Wealth Frozen Food 

Co., Ltd. (Sea Wealth) as the successorin-interest to the Rubicon Group as it 

operated during the period of 

investigation (POI) of the less-than-fairvalue (LTFV) investigation. Further, we 

preliminarily determined that it was 

appropriate to revoke PFF and Sea 

Wealth from the antidumping duty 

order on shrimp from Thailand, 

effective as of January 16, 2009. See 

Certain Frozen Warmwater Shrimp 

From Thailand: Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review and Notice of 

Intent to Revoke in Part, 74 FR 39042 

(Aug. 5, 2009) (Preliminary Results). For 

these final results the Department 

continues to find that the current form 

of the Rubicon Group, inclusive of PFF 

and Sea Wealth, is the successor-ininterest to the Rubicon Group as it 

operated during the LTFV investigation. 

Accordingly, we are revoking PFF and 

Sea Wealth from the antidumping duty 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52453 

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

includes the telson and the uropods. 

order on shrimp from Thailand, 

effective as of January 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Henry Almond; AD/CVD Operations, 

Office 2, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–0049. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2005, the Department 

published in the Federal Register an 

antidumping duty order on certain 

frozen warmwater shrimp from 

Thailand. 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 

(Feb. 1, 2005) (Thai Shrimp Order). 

Subsequent to the issuance of this 

order, the Thai Government challenged 

before the World Trade Organization 

(WTO) the Department’s practice of not 

offsetting dumped sales with nondumped sales in the LTFV investigation 

of shrimp from Thailand. In February 

2008, the WTO dispute settlement panel 

found that the Department acted 

inconsistently with its international 

obligations when it performed averageto-average comparisons without 

providing offsets for comparisons where 

the export price was greater than normal 

value in the LTFV investigation. See 

United States—Measures Relating to 

Shrimp from Thailand, WT/DS343/R 

(February 29, 2008). 

In November 2008, the Department 

initiated a section 129 proceeding to 

implement the findings of the WTO 

panel, and in January 2009 it issued a 

final determination in that proceeding 

which resulted in the revocation of the 

order related to shrimp produced and 

exported by two entities—Thai I-Mei 

and the Rubicon Group. 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, 5638 (Jan. 

30, 2009) (Section 129 Implementation). 

For purposes of the section 129 

Implementation, the Department 

defined the Rubicon Group as consisting 

of the following nine companies, which 

were the group members existing at the 

time of the LTFV investigation: 

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. See section 129 

Implementation at 5639. 

On February 5, 2009, the Rubicon 

Group requested that the Department 

conduct an expedited changed 

circumstances review under 19 CFR 

351.221(c)(3)(iii) to consider also 

revoking PFF and Sea Wealth from the 

Thai Shrimp Order. According to the 

Rubicon Group, although these two 

companies were not included in the 

Department’s margin calculations in the 

LTFV investigation, the Department has 

treated them as part of the Rubicon 

Group in subsequent segments of this 

proceeding. In this request, the Rubicon 

Group also asked that any revocation for 

PFF and Sea Wealth be made effective 

January 16, 2009, the effective date of 

the section 129 Implementation. 

On March 24, 2009, the Department 

published a notice of initiation of a 

changed circumstances review to 

consider the Rubicon Group’s request. 

See Certain Frozen Warmwater Shrimp 

from Thailand: Initiation of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 12308 

(Mar. 24, 2009) (Initiation Notice). 

On August 5, 2009, the Department 

published the preliminary results of the 

changed circumstances review, where 

we preliminarily determined that it was 

appropriate to treat the Rubicon Group 

inclusive of PFF and Sea Wealth as the 

successor-in-interest to the Rubicon 

Group as it operated during LTFV 

investigation. Further, we preliminarily 

determined that it was appropriate to 

revoke PFF and Sea Wealth from the 

antidumping duty order on shrimp from 

Thailand. See Preliminary Results at 

39044. Subsequent to the Preliminary 

Results we received no comments from 

interested parties. 

Scope of the Order 

The scope of this order includes 

certain frozen warmwater shrimp and 

prawns, whether wild-caught (ocean 

harvested) or farm-raised (produced by 

aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,1

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 order, 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 order. 

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 order. 

Excluded from the scope are: (1) 

Breaded shrimp and prawns (HTSUS 

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 

(HTSUS subheadings 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTSUS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTSUS 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 IQF freezing 

immediately after application of the 

dusting layer. Battered shrimp is a 

shrimp-based product that, when dusted 


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52454 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

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 order 

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, and 1605.20.10.30. 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 order is dispositive. 

Final Results of Changed 

Circumstances Review 

For the reasons stated in the 

preliminary results, the Department 

continues to find that the Rubicon 

Group in its current form, including PFF 

and Sea Wealth, is the successor-ininterest to the Rubicon Group as it 

existed during the POI of the LTFV 

investigation. Therefore, consistent with 

our preliminary results, we have 

revoked PFF and Sea Wealth from the 

Thai Shrimp Order, effective January 16, 

2009 (the effective date of the section 

129 Implementation). This revocation 

applies to merchandise produced by any 

Rubicon Group member and exported 

by PFF or Sea Wealth, as well as to 

merchandise produced by PFF or Sea 

Wealth and exported by any other 

Rubicon Group member. 

Notification 

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 PFF or Sea 

Wealth, either singly or in combination 

with any other Rubicon Group member. 

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 January 16, 

2009. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) 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. 

We are issuing and publishing this 

notice in accordance with sections 

751(b)(1) and 777(i)(1) of the Tariff Act 

of 1930, as amended, and 19 CFR 

351.216. 

Dated: October 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–24536 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 39–2009] 

Foreign-Trade Zone 138Columbus, 

Ohio Application for Subzone Status, 

Abercrombie & Fitch, (Footwear and 

Apparel Distribution), New Albany, OH 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the Columbus Regional 

Airport Authority, grantee of FTZ 138, 

requesting special–purpose subzone 

status for the footwear and apparel 

warehousing and distribution facility of 

Abercrombie & Fitch (A&F), located in 

New Albany, Ohio. The application was 

submitted pursuant to the provisions of 

the Foreign–Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on September 

25, 2009. 

The A&F facility (453 acres, 2,631,585 

sq. ft., 3,407 employees) is located at 

6201/6301 Fitch Path & 7795 Smiths 

Mill Road, New Albany, Ohio. The 

facility is used for warehousing and 

distribution of foreign–origin apparel 

and footwear for the U.S. market and 

export. FTZ procedures would be 

utilized to support A&F’s U.S.-based 

distribution activity. Foreign products 

to be admitted to the proposed subzone 

for distribution would include men’s, 

boys’, women’s and girls’ footwear, 

coats, suits, blazers, blouses, trousers, 

breeches, shorts, shirts, skirts, tops, ski 

jackets, underwear, petticoats, pajamas, 

swimwear, scarves, hats, shawls, 

mufflers, gloves and mittens. Certain 

textile fabrics (wool, cotton, silk; woven 

and knit) would also be distributed from 

the proposed subzone. Additional 

products that would be admitted to the 

proposed subzone for distribution are: 

articles of plastic; various vanity, 

attache ̆ brief and suitcases; handtools; 

machinery; jewelry; leather goods; 

paintings, lamps; and, spotlights. The 

applicant is not seeking manufacturing 

or processing authority with this 

request. 

FTZ procedures could exempt A&F 

from customs duty payments on foreign 

products that are exported (about 2% of 

shipments). On its domestic sales, the 

company would be able to defer duty 

payments until the foreign merchandise 

is shipped from the facility and entered 

for consumption. FTZ designation 

would further allow A&F to realize 

logistical benefits through the use of 

weekly customs entry procedures. The 

request indicates that the savings from 

FTZ procedures would help improve 

the facility’s international 

competitiveness. 

In accordance with the Board’s 

regulations, Claudia Hausler of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is December 14, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to December 

28, 2009. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s website, 

which is accessible via www.trade.gov/ 

ftz. For further information, contact 

Claudia Hausler at 

Claudia_Hausler@ita.doc.gov, or (202) 

482–1379. 

Dated: September 25, 2009. 

Pierre V. Duy, 

Acting Executive Secretary. 

[FR Doc. E9–24605 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 41–2009] 

Foreign-Trade Zone 158—Vicksburg/ 

Jackson, MS, Application for Subzone; 

Max Home, LLC (Upholstered 

Furniture); Fulton and Iuka, MS 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Greater Mississippi 


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