Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices 1883 

8See AG der Dillinger Hu ̈ ttenwerke v. United 

States, Court No. 17–00158, Slip Op. 23–94 (CIT 

2023) (Dillinger Germany IV). 9See Dillinger Germany IV, Court No. 17–00158, 

Slip Op. 23–94 at 4 and 25; see also Bohler Bleche 

GMBH & Co. KG v. United States, 324 F. Supp. 3d 

1344 (CIT 2018) (Bohler). 10See Final Results of Redetermination Pursuant 

to Court Remand; Certain Carbon and Alloy Steel 

Cut-to-Length Plate from Germany, Court No. 17– 

00158, Slip Op. 23–94 (CIT June 23, 2023), dated 

September 6, 2023, available at https://

access.trade.gov/resources/remands/index.html. 

11See AG Der Dillinger Hu ̈ ttenwerke, v. United 

States, Court No. 17–00158, Slip Op. 23–187 (CIT 

2023). 

12See Final Results of Redetermination Pursuant 

to Court Remand; Certain Carbon and Alloy Steel 

Cut-to-Length Plate from Germany, Court No. 17– 

00158, Slip. Op. 21–101 (CIT August 18, 2021), 

dated January 19, 2022 (Second Remand 

Redetermination), available at https://

access.trade.gov/resources/remands/index.html. As 

a result of this redetermination, Commerce 

reinstated the dumping margin for Salzgitter of 

22.90 percent calculated in the Amended Final 

Determination. 

13See Dillinger Germany III. 

14See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

15See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

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

includes the telson and the uropods. 

selling price’’ recorded Dillinger’s books 

and records as the cost of production for 

non-prime plate and the application of 

partial AFA to Salzgittter.8 However, the 

CIT remanded Commerce’s modelmatch methodology, related specifically 

to Commerce’s rejection of Dillinger’s 

proposed quality code for sour service 

petroleum transport plate, for further 

explanation or, if appropriate, 

reconsideration in light of Commerce’s 

approach in Bohler.9

In its final results of redetermination, 

issued on September 6, 2023, Commerce 

reconsidered its rejection of Dillinger’s 

proposed quality code for sour service 

petroleum transport plate and included 

this quality code in the control numbers 

used in Dillinger’s margin 

calculations.10 As a result of this 

change, Dillinger’s final estimated 

weighted-average dumping margin 

became 4.99 percent. The CIT sustained 

Commerce’s final results of 

redetermination.11 While this revision 

to Dillinger’s margin did not affect the 

calculation of the all-others rate, 

Commerce revised the all-others rate to 

be 20.99 percent in the Second Remand 

Redetermination.12 The CIT sustained 

this aspect of Commerce’s 

redetermination.13

Timken Notice 

In its decision in Timken,14 as 

clarified by Diamond Sawblades,15 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to section 

516A(c) and (e) of the Tariff Act of 1930, 

as amended (the Act), Commerce must 

publish a notice of court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

December 21, 2023, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Amended Final Determination. Thus, 

this notice is published in fulfillment of 

the publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Amended Final Determination with 

respect to Dillinger and all other 

producers and/or exporters as follows: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

AG Der Dillinger Hu ̈ttenwerke .... 4.99 

All Others .................................... 20.99 

Cash Deposit Requirements 

Because Dillinger has a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate. For all other 

producers and exporters, Commerce 

will issue revised cash deposit 

instructions to CBP. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: January 5, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–00398 Filed 1–10–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802, A–533–840, A–570–893, A–549– 

822] 

Certain Frozen Warmwater Shrimp 

From the People’s Republic of China, 

India, Thailand, and the Socialist 

Republic of Vietnam: Continuation of 

Antidumping Duty Orders; Correction 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice; correction. 

SUMMARY: In the Federal Register of July 

5, 2023, the U.S. Department of 

Commerce (Commerce) published a 

notice of continuation of the 

antidumping duty (AD) orders on 

certain frozen warmwater shrimp from 

the People’s Republic of China (China), 

India, Thailand, and the Socialist 

Republic of Vietnam (Vietnam). This 

notice contained an incorrect scope of 

the orders. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Hart, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1058. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of July 5, 

2023, in FR Doc 2023–14181, on page 

42915 in the first and second columns, 

correct the scope of the orders to state: 

‘‘The scope of the orders includes 

certain frozen warmwater shrimp and 

prawns, whether wild caught (ocean 

harvested) or farm raised (produced by 

aquaculture), head on or head off, shell 

on 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 

the orders, 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, 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). 


ddrumheller on DSK120RN23PROD with NOTICES1
1884 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices 

2The specific exclusion for Lee Kum Kee’s 

shrimp sauce applies only to the scope of the AD 

order on certain frozen warmwater shrimp from 

China. 

3On April 26, 2011, Commerce amended the 

orders to include dusted shrimp, pursuant to the 

Court 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 determination, which found the 

domestic like product to include dusted shrimp. 

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 23277 (April 26, 2011); see 

also Frozen Warmwater Shrimp from Brazil, China, 

India, Thailand, and Vietnam, Inv. Nos. 731– 

TA1063, 1064, 1066–1068 (Review), USITC Pub. 

4221 (March 2011). 

4See Certain Frozen Warmwater Shrimp from the 

People’s Republic of China, India, Thailand, and 

the Socialist Republic of Vietnam: Continuation of 

Antidumping Duty Orders, 88 FR 42914 (July 5, 

2023). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of the orders. 

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 the orders. 

Excluded from the scope are: (1) 

breaded shrimp and prawns (HTSUS 

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 

(HTSUS subheadings 0306.23.0020 and 

0306.23.0040); (4) shrimp and prawns in 

prepared meals (HTSUS subheading 

1605.20.0510); (5) dried shrimp and 

prawns; (6) Lee Kum Kee’s shrimp 

sauce; 2 (7) canned warmwater shrimp 

and prawns (HTSUS subheading 

1605.20.1040); and (8) certain battered 

shrimp. Battered shrimp is a shrimpbased 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. 

When dusted in accordance with the 

definition of dusting above, the battered 

shrimp product is also coated with a 

wet viscous layer containing egg and/or 

milk, and par-fried. 

The products covered by the orders 

are currently classified under the 

following HTSUS subheadings: 

0306.17.00.03, 0306.17.00.06, 

0306.17.00.09, 0306.17.00.12, 

0306.17.00.15, 0306.17.00.18, 

0306.17.00.21, 0306.17.00.24, 

0306.17.00.27, 0306.17.00.40, 

1605.21.10.30, 1605.29.10.10, 

0306.17.0004, 0306.17.0005, 

0306.17.0007, 0306.17.0008, 

0306.17.0010, 0306.17.0011, 

0306.17.0013, 0306.17.0014, 

0306.17.0016, 0306.17.0017, 

0306.17.0019, 0306.17.0020, 

0306.17.0022, 0306.17.0023, 

0306.17.0025, 0306.17.0026, 

0306.17.0028, 0306.17.0029, 

0306.17.0041, 0306.17.0042. These 

HTSUS subheadings are provided for 

convenience and for customs purposes 

only; the written description of the 

scope of the orders are dispositive.3 ’’ 

Background 

On July 5, 2023, Commerce published 

in the Federal Register the continuation 

of the orders for certain frozen 

warmwater shrimp from China, India, 

Thailand, and Vietnam.4 We 

inadvertently included the wrong scope 

of the orders. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(c), 

751(d)(2), and 777(i) of the Tariff Act of 

1930, as amended, and 19 CFR 

351.218(f)(4). 

Dated: January 5, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–00396 Filed 1–10–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD574] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Sitka Seaplane 

Base Construction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorizations; request for 

comments on proposed authorizations 

and possible renewals. 

SUMMARY: NMFS has received a request 

from the City and Borough of Sitka 

(CBS) for authorization to take marine 

mammals incidental to Sitka seaplane 

base construction activities over two 

years in Sitka, Alaska. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue two incidental 

harassment authorizations (IHA) to 

incidentally take marine mammals 

during the specified activities. NMFS is 

also requesting comments on possible 

one-time, 1-year renewals for each IHA 

that could be issued under certain 

circumstances and if all requirements 

are met, as described in Request for 

Public Comments at the end of this 

notice. NMFS will consider public 

comments prior to making any final 

decision on the issuance of the 

requested MMPA authorizations and 

agency responses will be summarized in 

the final notice of our decision. 

DATES: Comments and information must 

be received no later than February 12, 

2024. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service and should be 

submitted via email to ITP.harlacher@

noaa.gov. Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/incidental-takeauthorizations-construction-activities. 

In case of problems accessing these 

documents, please call the contact listed 

above. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities without change. 

All personal identifying information 

(e.g., name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 


ddrumheller on DSK120RN23PROD with NOTICES1