51940 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

1See Certain Frozen Warmwater Shrimp From the 

People’s Republic of China: Preliminary Results and 

Preliminary Partial Rescission of Fifth Antidumping 

Duty Administrative Review, 76 FR 8338 (February 

14, 2011) (‘‘Preliminary Results’’). 

2Hilltop International (‘‘Hilltop’’). 

3See Notice of Initiation of Administrative 

Reviews and Requests for Revocation in Part of the 

Antidumping Duty Orders on Frozen Warmwater 

Shrimp from the Socialist Republic of Vietnam and 

the People’s Republic of China, 75 FR 18154 (April 

9, 2010) for a list of these companies. 

4See Certain Frozen Warmwater Shrimp From the 

People’s Republic of China: Partial Rescission of 

Antidumping Duty Administrative Review, 75 FR 

42070 (July 20, 2010). 

5See Preliminary Results. 

6See Letter from the Department to Interested 

Parties, dated March 3, 2011. 

7Petitioner is the Ad Hoc Shrimp Trade Action 

Committee (hereinafter referred to as ‘‘Petitioner’’). 

8These domestic parties are the American 

Shrimp Processors Association and Louisiana 

Shrimp Association (hereinafter referred to as 

‘‘Domestic Processors’’). 

9See Letter from the Department to Petitioner 

dated March 24, 2011. 

10See Certain Frozen Warmwater Shrimp from 

the People’s Republic of China: Extension of Final 

Results of the Fifth Antidumping Duty 

Administrative Review, 76 FR 30100 (May 24, 

2011). 

11See Memorandum to the File, through 

Catherine Bertrand, Program Manager, Office 9, AD/ 

CVD Operations, from Bob Palmer, Case Analyst, 

Office 9, AD/CVD Operations, re: ‘‘Fifth 

Administrative Review of the Antidumping Duty 

Order on Certain Frozen Warmwater Shrimp from 

the People’s Republic of China: Industry-Specific 

Surrogate Labor Rate and Surrogate Financial Ratio 

Adjustments,’’ dated June 21, 2011 (‘‘Labor 

Memo’’); see also, Memorandum to the File, 

through Catherine Bertrand, Program Manager, 

Office 9, AD/CVD Operations, from Bob Palmer, 

Case Analyst, Office 9, AD/CVD Operations, re: 

‘‘Fifth Administrative Review of the Antidumping 

Duty Order on Certain Frozen Warmwater Shrimp 

from the People’s Republic of China: Revision to 

Surrogate Wage Rate Methodology and Financial 

Ratio Adjustments,’’ dated July 11, 2011 (‘‘Revised 

Labor Memo’’). 

12See ‘‘Memorandum to the File through 

Catherine Bertrand, Program Manager, Office 9, 

from Kabir Archuletta, Case Analyst, Office 9, re; 

Fifth Administrative Review of Certain Frozen 

Warmwater Shrimp from the People’s Republic of 

China: Surrogate Factor Valuations for the 

Preliminary Results,’’ dated February 7, 2011 

(‘‘Prelim SV Memo’’) at 3–4 and Exhibit 3. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–893] 

Administrative Review of Certain 

Frozen Warmwater Shrimp From the 

People’s Republic of China: Final 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On February 14, 2011, the 

Department of Commerce 

(‘‘Department’’) published in the 

Federal Register the Preliminary Results 

of the fifth administrative review of the 

antidumping duty order on certain 

frozen warmwater shrimp from the 

People’s Republic of China (‘‘PRC’’).1

We gave interested parties an 

opportunity to comment on the 

Preliminary Results. Based upon our 

analysis of the comments and 

information received, we continue to 

find that Hilltop 2 has not sold subject 

merchandise at less than normal value 

(‘‘NV’’) during the period of review 

(‘‘POR’’), February 1, 2009, through 

January 31, 2010. 

DATES: Effective Date: August 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Bob 

Palmer and Kabir Archuletta, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–9068 and (202) 

482–2593, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 9, 2010, the Department 

initiated an administrative review of 92 

producers/exporters of subject 

merchandise from the PRC.3

Subsequently, pursuant to 19 CFR 

351.213(d)(1), the Department rescinded 

the administrative review with respect 

to Allied Pacific Aquatic Products 

Zhanjiang Co., Ltd. and Allied Pacific 

Food (Dalian) Co., Ltd. based on upon 

Petitioner’s timely withdrawal of its 

review request.4 As noted above, on 

February 14, 2011, the Department 

published the Preliminary Results of 

this administrative review.5 In those 

Preliminary Results, the Department 

preliminarily rescinded the review with 

respect to several companies that 

submitted no shipment certifications 

and for which we have not found any 

information to contradict these claims. 

These companies are Yangjiang City 

Yelin Hoitat Quick Frozen Seafood Co., 

Ltd., Fuqing Yihua Aquatic Food Co., 

Ltd., Fuqing Minhua Trade Co., Ltd., 

and Shantou Yelin Frozen Seafood Co., 

Ltd. (d.b.a. Shantou Yelin Quick-Freeze 

Marine Products Co., Ltd.). 

On March 3, 2011, we extended the 

deadline for parties to submit the case 

briefs and rebuttal briefs to March 21, 

2011, and March 28, 2011, 

respectively.6 On March 7, 2011, the 

Petitioner,7 Domestic Processors,8 and 

Hilltop submitted additional surrogate 

value information. On March 17, 2011, 

Domestic Processors submitted rebuttal 

surrogate value information. 

On March 21, 2010, Domestic 

Processors and Hilltop filed case briefs. 

On March 21, 2010, we received new 

factual information contained within 

Petitioner’s case brief. On March 24, 

2011, we rejected Petitioner’s new 

factual information as being untimely 

filed, removed the new factual 

information from the record of this 

review and provided Petitioner until 

March 28, 2011 to re-file its case brief. 

Additionally, we extended the deadline 

for rebuttal briefs until March 30, 2011.9

On March 28, 2011, Petitioner 

resubmitted its case brief. On March 30, 

2010, Petitioner, Domestic Processors, 

and Hilltop filed rebuttal briefs. On May 

24, 2011, the Department extended the 

deadline for the completion of the final 

results of this review until August 13, 

2011.10 On June 21 and July 11, 2011, 

the Department place on the record, 

information pertaining to the 

Department’s recently revised labor rate 

methodology.11 Between July 7 and July 

14, 2011, interested parties submitted 

comments regarding the Department’s 

recently revised surrogate labor 

methodology. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this review 

are addressed in the ‘‘Fifth 

Administrative Review of Frozen 

Warmwater Shrimp from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Final Results,’’ 

which is dated concurrently with this 

notice (‘‘I&D Memo’’). A list of the 

issues that parties raised and to which 

we respond in the I&D Memo is attached 

to this notice as an Appendix. The I&D 

Memo is a public document and is on 

file in the Central Records Unit 

(‘‘CRU’’), Main Commerce Building, 

Room 7046, and is accessible on the 

Department’s website at http:// 

www.trade.gov/ia. The paper copy and 

electronic version of the memorandum 

are identical in content. 

Changes Since the Preliminary Results 

Based on a review of the record as 

well as comments received from parties 

regarding our Preliminary Results, we 

made two revisions to Hilltop’s margin 

calculation for the final results. First, we 

have revised the surrogate value source 

for shrimp larvae. For the Preliminary 

Results, we used Sharat Industries 

Limited (‘‘Sharat’’) 2008–2009 financial 

statements to value shrimp larvae.12 For 

the final results, the Department has 

determined to use Sharat’s 2009–2010 

financial statements as a surrogate value 

source for shrimp larvae. For further 

information see I&D Memo at Comment 

3. 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 51941 

13See Antidumping Methodologies in 

Proceedings Involving Non-Market Economies: 

Valuing the Factor of Production: Labor, 76 FR 

36092 (June 21, 2011) (‘‘Labor Methodologies’’). 

14 ‘‘Tails’’ in this context means the tail fan, 

which includes the telson and the uropods. 

15On April 26, 2011, the Department amended 

the antidumping duty order to include dusted 

shrimp, pursuant to the U.S. Court of International 

Trade (‘‘CIT’’) decision in Ad Hoc Shrimp Trade 

Action Committee v. United States, 703 F. Supp. 2d 

1330 (CIT 2010) and the U.S. International Trade 

Commission (‘‘ITC’’) determination, which found 

the domestic like product to include dusted shrimp. 

Because the amendment of the antidumping duty 

order occurred after this POR, dusted shrimp 

continue to be excluded in this review. See Certain 

Frozen Warmwater Shrimp From Brazil, India, the 

People’s Republic of China, Thailand, and the 

Socialist Republic of Vietnam: Amended 

Antidumping Duty Orders in Accordance with Final 

Court Decision, 76 FR 23227 (April 26, 2011); see 

also, Ad Hoc Shrimp Trade Action Committee v. 

United States, 703 F. Supp. 2d 1330 (CIT 2010) 

(‘‘Ad Hoc’’) and Frozen Warmwater Shrimp from 

Brazil, China, India, Thailand, and Vietnam 

(Investigation Nos. 731–TA–1063, 1064, 1066–1068 

(Review), USITC Publication 4221, March 2011 

(‘‘ITC Review Final’’). 

Additionally, we have revised the 

surrogate labor calculation 

methodology. For further information 

see I&D Memo at Comment 5; see also, 

‘‘Memorandum to the File through 

Catherine Bertrand, Program Manager, 

Office 9 from Kabir Archuletta, Case 

Analyst, Office 9; Fifth Administrative 

Review of Certain Frozen Warmwater 

Shrimp from the People’s Republic of 

China: Surrogate Factor Valuations for 

the Final Results,’’ (‘‘Final SV Memo’’) 

dated concurrently with this notice. 

Because of the change in the surrogate 

labor calculation methodology noted 

above, the antidumping duty margin 

calculation for Hilltop has changed 

since the Preliminary Results. For 

further details on Hilltop’s changes, see 

the company specific analysis 

memorandum. 

Labor Cost Methodology 

Pursuant to the Department’s recent 

decision regarding it final labor 

methodology,13 we have calculated a 

revised hourly labor rate to use in 

valuing Hilltop’s reported labor. The 

revised surrogate value for labor is 

calculated by using India’s, the primary 

surrogate country, labor cost data from 

‘‘Chapter 6A: Labor Cost in 

Manufacturing’’ from the International 

Labor Organization (‘‘ILO’’) Yearbook of 

Labor Statistics. Additionally, because 

the Department is now using Chapter 

6A to calculate labor costs, the 

Department made certain adjustments in 

the surrogate financial ratio calculations 

regarding labor. See I&D Memo at 

Comment 5; see also, Labor Memo and 

Revised Labor Memo, for the details of 

the calculation and supporting data. 

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,14

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 (‘‘HTS’’), 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, white-leg 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 (HTS 

subheading 1605.20.1020); (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 0306.23.0020 and 

0306.23.0040); (4) shrimp and prawns in 

prepared meals (HTS subheading 

1605.20.0510); (5) dried shrimp and 

prawns; (6) Lee Kum Kee’s shrimp 

sauce; (7) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.1040); (8) certain dusted 

shrimp; and (9) 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 Order 

are currently classified under the 

following HTS subheadings: 

0306.13.0003, 0306.13.0006, 

0306.13.0009, 0306.13.0012, 

0306.13.0015, 0306.13.0018, 

0306.13.0021, 0306.13.0024, 

0306.13.0027, 0306.13.0040, 

1605.20.1010 and 1605.20.1030. 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 order is dispositive.15

Final Partial Rescission 

In the Preliminary Results, the 

Department preliminarily rescinded this 

review with respect to the following 

companies: Shantou Yelin Frozen 

Seafood Co., Ltd. (d.b.a. Shantou Yelin 

Quick-Freeze Marine Products Co., 

Ltd.); Yangjiang City Yelin Hoitat Quick 

Frozen Seafood Co., Ltd., Fuqing Yihua 

Aquatic Food Co., Ltd., and Fuqing 

Minhua Trading Co., Ltd. The 

Department determined that they had 

no shipments of subject merchandise to 

the United States during the POR. 

Subsequent to the Preliminary 

Results, no information was submitted 

on the record indicating that the above 

companies made sales to the United 

States of subject merchandise during the 

POR and no party provided written 

arguments regarding this issue. Thus, in 

accordance with 19 CFR 351.213(d)(3), 

and consistent with our practice, we are 

rescinding this review with respect to 

the above-named companies. 

Affiliation/Single Entity 

In the Preliminary Results, we found 

Hilltop, Yelin Enterprise Co., Ltd., 

Ocean Beauty Corporation, and Ever 

Hope International Co., Ltd. to be a 

single entity for purposes of this 


jlentini on DSK4TPTVN1PROD with NOTICES
51942 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

16See Preliminary Results at 8339 and 8340; see 

19 CFR 351.401(f). 

17See Preliminary Results at 8341. 

18See Preliminary Results at 8338. 

19See Preliminary Results at 8342; see also, 

Administrative Review of Certain Frozen 

Warmwater Shrimp From the People’s Republic of 

China: Final Results and Partial Rescission of 

Antidumping Duty Administrative Review, 75 FR 

49460, 49463 (August 13, 2010) (‘‘PRC Shrimp 

AR4’’). 

20See id.; cf. Amanda Foods (Vietnam) Ltd. v. 

United States, 2011 WL 1423126 (CIT April 14, 

2011). 

21Certain Fish Fillets from the Socialist Republic 

of Vietnam: Notice of Preliminary Results of the 

New Shipper Review and Fourth Antidumping Duty 

Administrative Review and Partial Rescission of the 

Fourth Administrative Review, 73 FR 52015 

(September 8, 2008) (changed in final results as 

final calculated rate for mandatory respondent was 

above de minimis, which remained unchanged in 

the amended final results). Certain Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam: Final Results and Final Partial Rescission 

of Antidumping Duty Administrative Review, 74 FR 

47191, 47195 (September 15, 2009) and 

accompanying Issues and Decision Memorandum. 

22See Preliminary Results at 8340. 

23The PRC-wide entity includes the 80 

companies currently under review that have not 

established their entitlement to a separate rate. 

Those companies are: Asian Seafoods (Zhanjiang) 

Co., Ltd.; Beautiful Lighting Co., Ltd.; Beihai 

Qinguo Frozen Foods Co., Ltd.; Capital Prospect; 

Century Distribution Systems (Shenz); Dafu Foods 

Industry; Daishan Baofa Aquatic Product Co.; Elaite 

Group Co., Ltd.; Everflow Ind. Supply; Flags Wins 

Trading Co., Ltd.; Fuchang Aquatic Products; Fujian 

Haiding Global Foods; Fujian Provincial Meihua 

Aquat.; Fuqing Maowang Seafood Development; 

Fuqing Xuhu Aquatic Food Trdg.; Gallant Ocean 

(Nanhai), Ltd.; Geelong Sales; Guangdong Jiahuang 

Foods; Guangdong Jinhang Foods Co., Ltd.; 

Guangdong Wanya Foods Fty. Co., Ltd.; Hai Li 

Aquatic Co., Ltd.; Hainan Hailisheng Food Co., Ltd.; 

Hainan Seaberry Seafoods; Hainan Siyuan Foods 

Co., Ltd.; Hainan Zhongyu Seafood Co., Ltd.; 

Huasheng Aquatic Pro. Factory; Huian County 

Import & Export and Trading Co.; Innovative 

Aluminum; Intecs Service; Jet Power International 

Ltd.; JetStar Co.; Leizhou Yunyuan Aquatic 

Products Co., Ltd.; Liang Hsin Lighting Shenzhen; 

Maoming Changxing Foods; Maoming Jiahui Foods 

Co., Ltd.; New Peak Service; North Seafood Group 

Co.; Panasonic Mfg. Xiamen Co.; Phoenix Intl.; 

Rizhao Smart Foods; Ruian Huasheng Aquatic 

Products Fac.; Savvy Seafood Inc.; Sea Trade 

International Inc.; Second Aquatic Food; Shandong 

Huashijia Foods; Shanghai Apa International 

Trading; Shanghai Smiling Food Co., Ltd.; Shantou 

Jin Cheng Food Co.; Shantou Longfen Foodstuff Co.; 

Shantou Longsheng Aquatic Product Foodstuff Co., 

administrative review.16 Because we 

have not received any information on 

the record that contradicts our 

preliminary finding, we continue to find 

Hilltop, Yelin Enterprise Co., Ltd. Ocean 

Beauty Corporation, and Ever Hope 

International Co., Ltd. to be a single 

entity for these final results. 

Separate Rates 

In our Preliminary Results, we 

preliminarily determined that Hilltop 

and Zhanjiang Regal Integrated Marine 

Resources Co., Ltd. (‘‘Regal’’) met the 

criteria for the application of a separate 

rate.17 We have not received any 

information since the issuance of the 

Preliminary Results that provides a basis 

for the reconsideration of these 

determinations. Therefore, the 

Department continues to find that 

Hilltop and Regal meet the criteria for 

a separate rate. 

Rate for Non-Selected Companies 

In the Preliminary Results, we stated 

that the Department employed a limited 

examination methodology, as it did not 

have the resources to examine all 

companies for which a review request 

was made, and selected Hilltop as a 

mandatory respondent in this review.18

Additionally, Regal submitted timely 

information as requested by the 

Department and remained subject to 

review as a cooperative separate rate 

respondent. In the Preliminary Results, 

the Department assigned Regal its rate 

calculated in the previous 

administrative review.19 As we stated in 

the Preliminary Results, the rate for the 

individually examined respondent, 

Hilltop, continues to be de minimis and 

accordingly, the Department will 

determine a reasonable method for 

assigning a rate to Regal. 

The statute and the Department’s 

regulations do not address the 

establishment of a rate to be applied to 

individual companies not selected for 

examination when the Department 

limited its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally 

we have looked to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for respondents we 

did not examine in an administrative 

review. Section 735(c)(5)(A) of the Act 

articulates a preference that we are not 

to calculate an all-others rate using any 

zero or de minimis margins or any 

margins based entirely on facts 

available. Accordingly, the 

Department’s usual practice has been to 

average the rates for the selected 

companies, excluding zero, de minimis 

and rates based entirely on facts 

available. See Ball Bearings and Parts 

Thereof from France, Germany, Italy, 

Japan, and the United Kingdom: Final 

Results of Antidumping Duty 

Administrative Reviews and Rescission 

of Review in Part, 73 FR 52823, 52824 

(September 11, 2008) and accompanying 

Issues and Decision Memorandum at 

Comment 16. Section 735(c)(5)(B) of the 

Act also provides that, where all 

margins are zero, de minimis, or based 

entirely on facts available, we may use 

‘‘any reasonable method’’ for assigning 

the rate to non-selected respondents, 

including ‘‘averaging the estimated 

weighted-average dumping margins 

determined for the exporters and 

producers individually investigated.’’ 

In previous cases, the Department has 

determined that a ‘‘reasonable method’’ 

to use when, as here, the rates of the 

mandatory respondents are zero and de 

minimis, is to apply to those companies 

not selected for individual review (but 

eligible for a separate rate in NME cases) 

the average of the most recently 

determined rates that are not zero, de 

minimis or based entirely on facts 

available (which may be from a prior 

administrative review or a new shipper 

review).20 However, if any such 

nonselected company had its own 

calculated rate that is contemporaneous 

with or more recent than such prior 

determined rates, the Department has 

applied such individual rate to the 

nonselected company in the review in 

question, including when that rate is 

zero or de minimis.21 In this case, there 

is only one nonselected company under 

review that is eligible for a separate rate, 

and this company received its own 

calculated rate that is contemporaneous 

with or more recent than the most 

recent rates determined for other 

companies that are not zero, de minimis 

or based entirely on facts available. 

Accordingly, the Department has 

concluded that in this case a reasonable 

method for determining the rate for the 

non-selected company, Regal, is to 

apply its most recent individually 

calculated rate. 

PRC-Wide Entity 

In the Preliminary Results, the 

Department determined that those 

companies, which did not demonstrate 

eligibility for a separate rate, are 

properly considered part of the PRCwide entity.22 Since the Preliminary 

Results, no interested parties submitted 

comments regarding these findings. 

Therefore, we continue to treat such 

entities as part of the PRC-wide entity. 

Final Results of Review 

The weighted-average dumping 

margins for the POR are as follows: 

Manufacturer/Exporter 

Weighted-average margin 

(percent) 

Hilltop International ............... 0.04 

Zhanjiang Regal Integrated 

Marine Resources Co., 

Ltd. .................................... 0.00 

PRC-Wide Entity 23 ............... 112.81 

Assessment 

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

Act and 19 CFR 351.212(b), the 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 51943 

Ltd.; Shantou Red Garden Foodstuff Co., Ltd. and/ 

or Shantou Red Garden Food Processing Co., Ltd.; 

Shantou Wanya Foods Fty. Co., Ltd. (Branch 

Factory); Shantou Xinwanya Aquatic Product Ltd.; 

Shantou Yue Xiang Commercial Trading Co., Ltd.; 

Shenzhen Pingyue Trading Co., Ltd.; SLK 

Hardware; Sysgration; Thai Royal Frozen Food 

Zhanjiang Co., Ltd.; Tianjin Dongjiang Food Co., 

Ltd.; Tongwei Hainan Aquatic Products Co., Ltd.; 

Top One Intl.; Wenling Xingdi Aquatic Product; 

Yangcheng Seahorse Foods; Yangjiang Wanshida 

Seafood Co., Ltd.; Zhangjiang Bo Bo Go Ocean; 

Zhanjiang Evergreen Aquatic Products; Zhanjiang 

Fuchang Aquatic Product Freezing Plant; Zhanjiang 

Go-harvest Aquatic Products Co., Ltd.; Zhanjiang 

Haizhou Aquatic Product; Zhanjiang Huibaoye 

Trading Co., Ltd.; Zhanjiang Jebshin Seafood; 

Zhanjiang Jinguo Marine Foods Company Limited; 

Zhanjiang Longwei Aquatic Product; Zhejiang 

Daishan Baofa Aquatic Products Co., Ltd.; Zhejiang 

Industrial Group Co., Ltd.; Zhj Jinguo Marine 

Foods; Zhoushan Corp. for Intl. Economic and 

Technical Cooperation; Zhoushan Haohai Aquatic 

Products; Zhoushan Putuo Huafa Sea Products Co., 

Ltd.; and Zhoushan Qiangren Imp. & Exp. 

Department will determine, and U.S. 

Customs and Border Protection shall 

assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

assessment purpose, we calculated 

importer (or customer)-specific 

assessment rates for merchandise 

subject to this review. Where 

appropriate, we calculated an ad 

valorem rate for each importer (or 

customer) by dividing the total dumping 

margins for reviewed sales to that party 

by the total entered values associated 

with those transactions. For dutyassessment rates calculated on this 

basis, we will direct CBP to assess the 

resulting ad valorem rate against the 

entered customs values for the subject 

merchandise. Where appropriate, we 

calculated a per-unit rate for each 

importer (or customer) by dividing the 

total dumping margins for reviewed 

sales to that party by the total sales 

quantity associated with those 

transactions. For duty-assessment rates 

calculated on this basis, we will direct 

CBP to assess the resulting per-unit rate 

against the entered quantity of the 

subject merchandise. Where an importer 

(or customer)-specific assessment rate is 

de minimis (i.e., less than 0.50 percent), 

the Department will instruct CBP to 

assess that importer (or customer’s) 

entries of subject merchandise without 

regard to antidumping duties, in 

accordance with 19 CFR 351.106(c)(2). 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

Cash Deposit Requirements 

The following cash-deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed above, the cash deposit 

rate will be established in the final 

results of this review (except, if the rate 

is zero or de minimis, i.e., less than 0.5 

percent, no cash deposit will be 

required for that company); (2) for 

previously investigated or reviewed PRC 

and non-PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter-specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC-wide rate of 112.81 percent; 

and (4) for all non-PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporters that supplied that nonPRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

to file a certificate regarding the 

reimbursement of antidumping duties 

prior to liquidation of the relevant 

entries during this POR. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties has occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. 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 violation 

which is subject to sanction. 

We are issuing and publishing this 

administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: August 12, 2011. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix I—Issues & Decision 

Memorandum 

Comment 1: Respondent Selection 

Methodology 

Comment 2: Surrogate Country 

Comment 3: Shrimp Larvae 

Comment 4: Shrimp Feed 

Comment 5: Labor Surrogate Value 

Comment 6: North Korean Import Data 

Comment 7: Surrogate Financial Ratio 

Adjustments 

Comment 8: Identify Taiwanese Resellers on 

Custom’s Instructions 

[FR Doc. 2011–21259 Filed 8–18–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; International 

Dolphin Conservation Program 

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 October 18, 

2011. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6616, 

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 Sarah Wilkin, (562) 980– 

3230 or sarah.wilkin@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

National Oceanic and Atmospheric 

Administration (NOAA) collects 

information to implement the 

International Dolphin Conservation 

Program Act (Act). The Act allows entry 

of yellowfin tuna into the United States 

(U.S.), under specific conditions, from 


jlentini on DSK4TPTVN1PROD with NOTICES