3446 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

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

includes the telson and the uropods. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Preliminary Intent To Rescind 

New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On February 1, 2005, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register the antidumping duty order on 

certain frozen warmwater shrimp from 

the Socialist Republic of Vietnam 

(‘‘Vietnam’’). See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp From the Socialist Republic of 

Vietnam, 70 FR 5152 (February 1, 2005) 

(‘‘VN Shrimp Order’’). The Department is 

conducting a new shipper review 

(‘‘NSR’’) of the VN Shrimp Order, 

covering the period of review (‘‘POR’’) of 

February 1, 2008, through January 31, 

2009. Because the sale made by Nhat 

Duc was not bona fide, we have 

preliminarily determined to rescind this 

new shipper review. 

DATES: Effective Date: January 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker or Toni Dach, 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) 482–0413 or (202) 482– 

1655, respectively. 

SUPPLEMENTARY INFORMATION: 

General Background 

On February 26, 2009, pursuant to 

section 751(a)(2)(B)(i) of the Tariff Act 

of 1930, as amended (‘‘the Act’’), and 19 

CFR 351.214(c), the Department 

received a NSR request from Nhat Duc 

Co., Ltd. (‘‘Nhat Duc’’). On March 20, 

2009, the Department initiated a new 

shipper review of Nhat Duc. See Certain 

Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: Initiation 

of Antidumping Duty New Shipper 

Review, 74 FR 13416 (March 27, 2009). 

On April 7, 2009, the Department 

issued its non-market economy (‘‘NME’’) 

questionnaire to Nhat Duc. Nhat Duc 

responded to the Department’s NME 

questionnaire and subsequent 

supplemental questionnaires between 

May and October 2009. 

Extension of Time Limits 

On September 8, 2009, the 

Department extended the time limits for 

these preliminary results. See Certain 

Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: 

Extension of Preliminary Results of 

Antidumping Duty New Shipper Review, 

74 FR 47190 (September 15, 2009). 

Surrogate Country and Surrogate 

Values 

On August 7, 2009, Nhat Duc 

submitted surrogate country comments, 

and on September 4, 2009, Nhat Duc 

submitted surrogate value data. No other 

party submitted surrogate country or 

surrogate value data. 

Verification 

Pursuant to 19 CFR 351.307(b)(iv), we 

conducted verification of the sales and 

factors of production (‘‘FOP’’) for Nhat 

Duc between November 16–18, 2009. 

See Memorandum to the File from Paul 

Walker, Senior Case Analyst and Toni 

Dach, Case Analyst through Scot T. 

Fullerton, Program Manager, 

Verification of the Sales and Factors of 

Production Response of Nhat Duc Co., 

Ltd. in the Antidumping Duty New 

Shipper Review of Certain Frozen 

Warmwater Shrimp from the Socialist 

Republic of Vietnam, dated January 12, 

2010. 

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 (HTS 

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 (HTS 

subheadings 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTS 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 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3447 

2See Glycine from the People’s Republic of 

China: Final Results of Antidumping Duty 

Administrative Review and Final Rescission in Part, 

72 FR 58809 (October 17, 2007), and accompanying 

Issues and Decision Memorandum at Comment 2. 

the written description of the scope of 

this order is dispositive. 

Preliminary Intent To Rescind 

Consistent with the Department’s 

practice, we investigated the bona fide 

nature of the sale made by Nhat Duc for 

this new shipper review. In evaluating 

whether or not a sale in a new shipper 

review is commercially reasonable, and 

therefore bona fide, the Department 

considers, inter alia, such factors as: (1) 

The timing of the sale; (2) the price and 

quantity; (3) the expenses arising from 

the transaction; (4) whether the goods 

were resold at a profit; and (5) whether 

the transaction was made on an armslength basis. See Tianjin Yiancheng 

Pharmaceutical Co., Ltd. v. United 

States, 366 F. Supp. 2d 1246, 1250 (CIT 

2005) (‘‘TTPC’’). Accordingly, the 

Department considers a number of 

factors in its bona fides analysis, ‘‘all of 

which may speak to the commercial 

realities surrounding an alleged sale of 

the subject merchandise.’’ See Hebei 

New Donghua Amino Acid Co., Ltd. v. 

United States, 374 F. Supp. 2d 1333, 

1342 (CIT 2005) (‘‘New Donghua’’) 

(citing Fresh Garlic From the People’s 

Republic of China: Final Results of 

Antidumping Administrative Review 

and Rescission of New Shipper Review, 

67 FR 11283 (March 13, 2002) and 

accompanying Issues and Decision 

Memorandum: New Shipper Review of 

Clipper Manufacturing Ltd.). Also, in 

TTPC, the court affirmed the 

Department’s practice of considering 

that ‘‘any factor which indicates that the 

sale under consideration is not likely to 

be typical of those which the producer 

will make in the future is relevant,’’ (See 

TTPC, 366 F. Supp. 2d at 1250), and 

found that ‘‘the weight given to each 

factor investigated will depend on the 

circumstances surrounding the sale.’’ 

See TTPC 366 F. Supp. 2d at 1263. 

Finally, in New Donghua, the CIT 

affirmed the Department’s practice of 

evaluating the circumstances 

surrounding a NSR sale so that a 

respondent does not unfairly benefit 

from an atypical sale, and obtain a lower 

dumping margin than the producers 

usual commercial practice would 

dictate. Where a review is based on a 

single sale, exclusion of that sale as nonbona fide necessarily must end the 

review. See TTPC, 366 F. Supp. 2d at 

1249. 

In analyzing Nhat Duc’s single POR 

sale to the United States, the 

Department preliminarily determines 

that this sale is not bona fide, as it is 

not typical of Nhat Duc’s usual 

commercial practices or is it 

commercially reasonable. Further, the 

Department is unable to analyze 

whether the sale was conducted on an 

arm’s-length basis. The Department 

reached this conclusion based on the 

totality of the circumstances, namely: (a) 

The atypical nature of Nhat Duc’s POR 

pricing; (b) the timing and extent of 

payment receipt for Nhat Duc’s single 

POR sale; (c) the existence of 

undisclosed sales subsequent to Nhat 

Duc’s single POR sale; (d) the atypical 

nature of Nhat Duc’s production 

timeline for its POR U.S. sale; (e) 

irregularities in Nhat Duc’s sales 

negotiation correspondence and the 

unverifiable nature of this 

correspondence; and (f) the unverifiable 

nature of Nhat Duc’s founding capital 

sources. Since much of our analysis 

regarding the evidence of the bona fide 

of the transaction involves business 

proprietary information, a full 

discussion of the bases for our decision 

to find Nhat Duc’s single POR sale not 

bona fide is set forth in the 

Memorandum to the File from Toni 

Dach, Case Analyst, through Scot T. 

Fullerton, Program Manager, Regarding 

Antidumping Duty New Shipper 

Review of Certain Frozen Warmwater 

Shrimp from the Socialist Republic of 

Vietnam: Bona Fide Nature of the Sale 

Under Review for Nhat Duc Co., Ltd. 

Therefore, the Department is 

preliminarily rescinding the new 

shipper review for Nhat Duc, as Nhat 

Duc’s single sale during the POR is not 

bona fide and, consequently, not subject 

to review. 

Comments 

In accordance with 19 CFR 

351.301(c)(1), for the final results of this 

new shipper review, interested parties 

may submit factual information to rebut, 

clarify, or correct factual information 

submitted by an interested party less 

than ten days before, on, or after, the 

applicable deadline for submission of 

such factual information. However, the 

Department notes that 19 CFR 

351.301(c)(1) permits new information 

only insofar as it rebuts, clarifies, or 

corrects information recently placed on 

the record.2

Interested parties may submit case 

briefs and/or written comments no later 

than 30 days after the date of 

publication of these preliminary results 

of this new shipper review. See 19 CFR 

351.309(c)(ii). Rebuttal briefs and 

rebuttals to written comments, limited 

to issues raised in such briefs or 

comments, may be filed no later than 5 

days after the deadline for submitting 

the case briefs. See 19 CFR 351.309(d). 

The Department requests that interested 

parties provide an executive summary 

of each argument contained within the 

case briefs and rebuttal briefs. 

Any interested party may request a 

hearing within 30 days of publication of 

these preliminary results. See 19 CFR 

351.310(c). Requests should contain the 

following information: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of the issues to be discussed. Oral 

presentations will be limited to issues 

raised in the briefs. If we receive a 

request for a hearing, we plan to hold 

the hearing seven days after the 

deadline for submission of the rebuttal 

briefs at the U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

The Department intends to issue the 

final results of this new shipper review, 

which will include the results of its 

analysis raised in any such comments, 

within 90 days of publication of these 

preliminary results, pursuant to section 

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

Cash-Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

new shipper review for all shipments of 

subject merchandise from Nhat Duc 

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 

subject merchandise produced and 

exported by Nhat Duc, the cash deposit 

rate will continue to be the Vietnamwide rate (i.e., 25.76 percent; (2) for 

subject merchandise exported by Nhat 

Duc but not manufactured by Nhat Duc, 

the cash deposit rate will continue to be 

the Vietnam-wide rate (i.e., 25.76 

percent); and (3) for subject 

merchandise manufactured by Nhat 

Duc, but exported by any other party, 

the cash deposit rate will be the rate 

applicable to the exporter. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) 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 Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 


jlentini on DSKJ8SOYB1PROD with NOTICES
3448 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

subsequent assessment of double 

antidumping duties. 

We are issuing and publishing this 

determination in accordance with 

sections 751(a)(2)(B) and 777(i) of the 

Act, and 19 CFR 351.214(h) and 

351.221(b)(4). 

Dated: January 12, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–1070 Filed 1–20–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Federal Advisory Committee; Military 

Leadership Diversity Commission 

AGENCY: Department of Defense (DoD). 

ACTION: Charter modification. 

SUMMARY: Under the provisions of 

section 596 of Public Law 110–417, the 

Federal Advisory Committee Act of 

1972, (5 U.S.C. Appendix), the 

Government in the Sunshine Act of 

1976 (5 U.S.C. 552b), and 41 CFR 102– 

3.65, the Department of Defense 

established the Military Leadership 

Diversity Commission (hereafter 

referred to as the Commission) on 

January 15, 2009. The requirement for 

the Commission remains; however, 

section 594 of Public Law 111–84 

modified the Commission’s membership 

by adding six additional members. 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, Deputy Committee 

Management Officer for the Department 

of Defense, 703–601–6128. 

SUPPLEMENTARY INFORMATION: The six 

additional members include—(a) An 

active commissioned officer from the 

National Guard, and an active 

commissioned officer from the Reserves, 

each of whom serves or has served in a 

leadership position with either a 

Military Department command or 

combatant command; (b) a retired 

general or flag officer from the National 

Guard, and a retired general or flag 

officer from the Reserves; and (c) a 

retired noncommissioned officer from 

the National Guard, and a retired 

noncommissioned officer from the 

Reserves. 

The additional members, as with the 

original members, shall be appointed for 

the life of the Commission. Any vacancy 

in the commission shall be filled in the 

same manner as the original 

appointment. 

With the exception of the 

representatives of the U.S. Coast Guard, 

the Secretary of Defense shall appoint 

the commission members. Commission 

members appointed by the Secretary of 

Defense, who are not full-time or 

permanent part-time employees of the 

federal government, shall be appointed 

as experts and consultants under the 

authority of 5 U.S.C. 3109, and these 

individuals shall serve as special 

government employees. 

Pursuant to 41 CFR 102–3.105(j) and 

102–3.140, the public or interested 

organizations are reminded that they 

may submit written statements to the 

Military Leadership Diversity 

Commission membership about the 

commission’s mission and functions. 

Written statements may be submitted at 

any time or in response to the stated 

agenda of planned meeting of the 

Military Leadership Diversity 

Commission. 

All written statements shall be 

submitted to the Designated Federal 

Officer for the Military Leadership 

Diversity Commission, and this 

individual will ensure that the written 

statements are provided to the 

membership for their consideration. 

Contact information for the Military 

Leadership Diversity Commission’s 

Designated Federal Officer, once 

appointed, may be obtained from the 

GSA’s FACA Database—https:// 

www.fido.gov/facadatabase/public.asp. 

The Designated Federal Officer, 

pursuant to 41 CFR 102–3.150, will 

announce planned meetings of the 

Military Leadership Diversity 

Commission. The Designated Federal 

Officer, at that time, may provide 

additional guidance on the submission 

of written statements that are in 

response to the stated agenda for the 

planned meeting in question. 

Dated: January 15, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–1046 Filed 1–20–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Office of Innovation and Improvement; 

Notice Extending the Deadline Date for 

Transmittal of Applications for the 

Excellence in Economic Education 

Program Fiscal Year (FY) 2010 

Competition 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.215B. 

SUMMARY: On December 21, 2009, we 

published in the Federal Register (74 

FR 67862) a notice inviting applications 

for the Excellence in Economic 

Education program’s FY 2010 

competition. The original notice 

established a February 16, 2010, 

deadline date for eligible applicants to 

apply for funding under this program. 

For this competition, applicants are 

required to submit their applications 

electronically through the Department’s 

Electronic Grant Application System (eApplication). However, e-Application 

will not be available to users beginning 

Wednesday, February 10, 2010 at 3:00 

p.m. until 6:00 a.m. Tuesday, February 

16, 2010. During this time the 

Department will transition the eapplication process from the current 

system (GAPS) to a new system. 

Because e-Application will be 

unavailable for several days prior to the 

original deadline date, we are extending 

the deadline date for transmittal of 

applications for the Excellence in 

Economic Education program FY 2010 

competition. 

DATES: Deadline for Transmittal of 

Applications: February 22, 2010. 

(Applications must be received by eApplication no later than 4:30:00 p.m., 

Washington, DC time.) 

Note: Applications for grants under this 

competition must be submitted electronically 

using the Electronic Grant Application 

System (e-Application) accessible through 

the Department’s e-Grants site. You may not 

e-mail an electronic copy of a grant 

application to us. For information about how 

to submit your application electronically, 

please refer to section IV. 6. Other 

Submission Requirements in the December 

21, 2009 notice (74 FR 67863). We have not 

extended the deadline for submitting a 

statement that an applicant qualifies for an 

exception to the electronic submission 

requirement. 

Deadline for Intergovernmental 

Review: The deadline date for 

Intergovernmental Review under 

Executive Order 12732 is extended to 

April 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Warren, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 4W209, Washington, DC 20202– 

5900. Telephone: (202) 205–5443 or by 

e-mail: carolyn.warren@ed.gov. 

If you use a telecommunications 

device, you may call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

Individuals with disabilities can 

obtain this document and a copy of the 

application package in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII of the notice. 

Electronic Access to This Document: 

You can view this document, as well as 


jlentini on DSKJ8SOYB1PROD with NOTICES