Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54847 

1This figure excludes twenty companies for 

which we are rescinding the review due to the fact 

that they made no shipments of the subject 

merchandise during the period of review (POR). See 

‘‘Partial Rescission of Review’’ section, below. 

2Because of the partial revocation of the 

antidumping duty order, effective January 16, 2009, 

the POR is February 1, 2008, through January 15, 

2009, for Thai I-Mei Frozen Foods Co., Ltd. (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, 5639 (January 30, 2009) (Section 129 

Determination); Certain Frozen Warmwater Shrimp 

from Thailand: Final Results of Antidumping Duty 

Changed Circumstances Review and Notice of 

Revocation in Part, 74 FR 52452 (October 13, 2009). 

and in compliance with the Federal 

Advisory Committee Act. 

DATES: Applications will be accepted 

until September 16, 2010 by mail and in 

person at the meeting to be held 

September 23, 2010. Meetings will also 

be held September 29, October 28, and 

November 18, 2010. All meetings will 

begin at 5 p.m. 

ADDRESSES: The September 29 and 

October 28 meetings will be held at the 

Sequoia National Forest Headquarters, 

1839 South Newcomb Street, 

Porterville, California. The September 

23 and November 18 meetings will be 

held at the County of Kern 

Administrative Office, 1115 Truxtun 

Avenue, Bakersfield, California. 

Applications or written comments 

should be sent to Priscilla Summers, 

Western Divide Ranger District, 32588 

Highway 190, Springville, California 

93265. Application or comments may 

also be sent via e-mail to 

psummers@fs.fed.us, or via facsimile to 

559–539–2067. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at Western 

Divide Ranger District, 32588 Highway 

190, Springville, CA 93265. Visitors are 

encouraged to call ahead to 559–539– 

2607 to facilitate entry into the building 

and access to the record. 

FOR FURTHER INFORMATION CONTACT: 

Penelope Shibley, RAC Coordinator, 

Kernville Ranger Station, P.O. Box 9, 

Kernville, CA 93238; (760) 376–3781; or 

e-mail: pshibley@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call 559–781–6650 between 

8 a.m. and 4:30 p.m., Pacific Daylight 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

meetings are open to the public. 

Committee discussions are limited to 

Forest Service staff and committee 

members. At the September 23 meeting, 

the following business will be 

conducted: (1) Introduction of all 

committee members, replacement 

members, and Forest Service personnel; 

(2) approve minutes of the last meeting; 

(3) accept and hear project proposals; 

and (4) receive public comment. At the 

September 29 meeting, the following 

business will be conducted: (1) 

Introductions of all committee members, 

replacement members, and Forest 

Service personnel; (2) approve minutes 

of the last meeting; (3) review and 

evaluate proposals; and (4) receive 

public comment. Persons who wish to 

bring related matters to the attention of 

the Committee may file written 

statements with the Committee staff 

before or after the meeting. 

September 1, 2010. 

Tina J. Terrell, 

Forest Supervisor. 

[FR Doc. 2010–22452 Filed 9–8–10; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–822] 

Certain Frozen Warmwater Shrimp 

from Thailand: Final Results and 

Partial Rescission of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 15, 2010, the 

Department of Commerce (the 

Department) published the preliminary 

results of the administrative review of 

the antidumping duty order on certain 

frozen warmwater shrimp (shrimp) from 

Thailand. This review covers 165 

producers/exporters of the subject 

merchandise to the United States.1 The 

POR is February 1, 2008, through 

January 31, 2009.2

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculations for Marine Gold Products 

Limited (Marine Gold), Pakfood Public 

Company Limited and its affiliates, Asia 

Pacific (Thailand) Company, Limited, 

Chaophraya Cold Storage Company 

Limited, Okeanos Company Limited, 

Okeanos Food Company, Limited, and 

Takzin Samut Company, Limited 

(collectively, Pakfood), and Andaman 

Seafood Co., Ltd. (Andaman), Wales & 

Co. Universe Limited, Chanthaburi 

Frozen Food Co., Ltd. (CFF), 

Chanthaburi Seafoods Co., Ltd. (CSF), 

Intersia Foods Co., Ltd. (formerly Y2K 

Frozen Foods Co., Ltd.), Phatthana 

Seafood Co., Ltd. (PTN), Phatthana 

Frozen Food Co., Ltd. (PFF), S.C.C. 

Frozen Seafood Co., Ltd., Thailand 

Fishery Cold Storage Public Co., Ltd. 

(TFC), Thai International Seafoods Co., 

Ltd. (TIS), and Sea Wealth Frozen Food 

Co., Ltd. (Sea Wealth) (collectively, the 

Rubicon Group). The final weightedaverage dumping margins for the 

reviewed firms are listed below in the 

section entitled ‘‘Final Results of 

Review.’’ 

FOR FURTHER INFORMATION CONTACT: Kate 

Johnson or David Goldberger, 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) 482–4929 or (202) 482– 

4136, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This review covers 165 producers/ 

exporters. The respondents which the 

Department selected for individual 

review are Marine Gold, Pakfood, and 

the Rubicon Group. The respondents 

which were not selected for individual 

review are listed in the ‘‘Final Results of 

Review’’ section of this notice. 

On March 15, 2010, the Department 

published in the Federal Register the 

preliminary results of the 2008–2009 

administrative review of the 

antidumping duty order on shrimp from 

Thailand. See Certain Frozen 

Warmwater Shrimp from Thailand: 

Preliminary Results of Antidumping 

Duty Administrative Review and Final 

Results of Partial Rescission of 

Antidumping Duty Administrative 

Review, 75 FR 12188 (March 15, 2010) 

(Preliminary Results). 

We invited parties to comment on the 

preliminary results. In April 2010, we 

received case briefs from the domestic 

producers of the subject merchandise 

(i.e., the Ad Hoc Shrimp Trade Action 

Committee), the respondents selected 

for individual review, Marine Gold, 

Pakfood, and the Rubicon Group, the 

American Shrimp Processors 

Association and the Louisiana Shrimp 

Association (hereafter, the domestic 

processors), and Xian-Ning Seafood Co., 

Ltd., Ongkorn Cold Storage Co., Ltd., 

Kongphop Frozen Foods Co., Ltd., May 

Ao Foods Co., Ltd., and May Ao Co., 

Ltd., who are producers/exporters that 

were not selected for individual review. 

Rebuttal briefs were received from the 

domestic producers, the domestic 

processors, Marine Gold, Pakfood, and 

the Rubicon Group. On April 14, 2010, 

Marine Gold requested that a public 

mstockstill on DSKH9S0YB1PROD with NOTICES

54848 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

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

includes the telson and the uropods. 

hearing be held in this proceeding. On 

April 20, 2010, Marine Gold withdrew 

its hearing request. 

In June 2010 we extended the 

deadline for the final results, due no 

later than September 13, 2010. See 

Certain Frozen Warmwater Shrimp from 

Thailand: Notice of Extension of Time 

Limit for the Final Results of the 2008– 

2009 Administrative Review, 75 FR 

34976 (June 21, 2010). 

The Department has conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

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,3

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 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. 

Period of Review 

The POR is February 1, 2008, through 

January 31, 2009. See Footnote 2. 

Partial Rescission of Review 

In the Preliminary Results, we stated 

our intention to rescind the review with 

respect to the following companies, 

which reported to the Department that 

they had no shipments during the POR: 

(1) American Commercial Transport, 

Inc. 

(2) Ampai Frozen Food Co., Ltd. 

(3) Euro-Asian International Seafoods 

Co., Ltd. 

(4) F.A.I.T. Corporation Limited 

(5) Far East Cold Storage, Ltd. 

(6) Grobest Frozen Foods Co., Ltd. 

(7) Inter-Oceanic Resources Co., Ltd. 

(8) Leo Transport Corporation, Ltd. 

(9) Lucky Unions Foods Co., Ltd. 

(10) MKF Interfood (2004) Co., Ltd. 

(11) Siam Canadian Foods Co., Ltd. 

(12) Siam Ocean Frozen Foods Co., 

Ltd. 

(13) Sky Fresh Co., Ltd. 

(14) Songkla Canning (PCL) 

(15) Suree Interfoods Co., Ltd. 

(16) Thai Excel Foods Co., Ltd. 

(17) Thai Union Manufacturing Co., 

Ltd. 

(18) Thai Yoo Ltd., Part. 

(19) V. Thai Food Product Co., Ltd. 

(20) Wann Fisheries Co., Ltd. 

Since the Preliminary Results we have 

received no comments regarding our 

stated intention to rescind the review 

for each of the firms listed above. 

Therefore, the Department is rescinding 

this review with respect to the 20 firms 

listed above. 

Cost of Production 

As discussed in the Preliminary 

Results, we conducted an investigation 

to determine whether Marine Gold, 

Pakfood, and the Rubicon Group made 

comparison market sales of the foreign 

like product during the POR at prices 

below their costs of production (COP) 

within the meaning of section 773(b) of 

the Act. For all three respondents, we 

performed the cost test for these final 

results following the same methodology 

as in the Preliminary Results. 

We found 20 percent or more of each 

respondent’s sales of a given product 

during the reporting period were at 

prices less than the weighted-average 

COP for this period. Thus, we 

determined that these below-cost sales 

were made in ‘‘substantial quantities’’ 

within an extended period of time and 

at prices which did not permit the 

recovery of all costs within a reasonable 

period of time in the normal course of 

trade. See sections 773(b)(1)–(2) of the 

Act. 

Therefore, for purposes of these final 

results, we continue to find that Marine 

Gold, Pakfood, and the Rubicon Group 

made below-cost sales not in the 

ordinary course of trade. Consequently, 

we disregarded these sales for each 

respondent and used the remaining 

sales as the basis for determining 

normal value pursuant to section 

773(b)(1) of the Act. For those U.S. sales 

of subject merchandise for which there 

were no comparison market sales in the 

ordinary course of trade, we compared 

constructed export prices or export 

prices, as appropriate, to constructed 

value in accordance with section 

773(a)(4) of the Act. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54849 

4This rate is based on the weighted average of the 

margins calculated for those companies selected for 

individual examination, excluding de minimis 

margins or margins based entirely on facts 

available, as discussed below. 

Analysis of Comments Received 

All issues raised in the case briefs by 

parties to this administrative review are 

listed in the Appendix to this notice and 

addressed in the Issues and Decision 

Memorandum (the Decision Memo), 

which is adopted by this notice. Parties 

can find a complete discussion of all 

issues raised in this review and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Central Records Unit, Room 1117, of 

the main Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculations for Marine Gold, Pakfood, 

and the Rubicon Group. These changes 

are discussed in the relevant sections of 

the Decision Memo. 

Final Results of Review 

We determine that weighted-average 

dumping margins exist for the 

respondents for the period February 1, 

2008, through January 31, 2009, as 

follows: 

Manufacturer/exporter Percent 

margin 

Marine Gold Products Limited ................................................................................................................................................................. 1.63 

Pakfood Public Company Limited/Asia Pacific (Thailand) Company Limited/Chaophraya Cold Storage Company Limited/Okeanos 

Company Limited/Okeanos Food Company, Limited/and Takzin Samut Company Limited (collectively, Pakfood) .......................... 1.11 

Andaman Seafood Co., Ltd./Chanthaburi Frozen Food Co., Ltd./Chanthaburi Seafoods Co., Ltd./Intersia Foods Co., Ltd. (formerly 

Y2K Frozen Foods Co., Ltd.)/Phatthana Seafood Co., Ltd./Phatthana Frozen Food Co., Ltd./S.C.C. Frozen Seafood Co., Ltd./ 

Sea Wealth Frozen Food Co. Ltd./Thailand Fishery Cold Storage Public Co., Ltd./Thai International Seafoods Co., Ltd./Wales & 

Co. Universe Limited (collectively, the Rubicon Group) ...................................................................................................................... 4.39 

The review-specific average rate 

applicable to the following companies is 

2.61 percent: 4

Manufacturer/Exporter 

A. Wattanachai Frozen Products Co., 

Ltd. 

A.S. Intermarine Foods Co., Ltd. 

ACU Transport Co., Ltd. 

Anglo-Siam Seafoods Co., Ltd. 

Apex Maritime (Thailand) Co., Ltd. 

Apitoon Enterprise Industry Co., Ltd. 

Applied DB Ind. 

Asian Seafood Coldstorage (Sriracha) 

Asian Seafoods Coldstorage Public Co., 

Ltd. 

Asian Seafoods Coldstorage (Suratthani) 

Co., Limited 

Asian Seafoods Coldstorage (Suratthani) 

Co. 

Assoc. Commercial Systems 

B.S.A. Food Products Co., Ltd. 

Bangkok Dehydrated Marine Product 

Co., Ltd. 

Bright Sea Co., Ltd. 

C.P. Merchandising Co., Ltd. 

C.P. Mdse 

C.P. Retailing and Marketing Co., Ltd. 

C.Y. Frozen Food Co., Ltd. 

Chaivaree Marine Products Co., Ltd. 

Chaiwarut Co., Ltd. 

Charoen Pokphand Foods Public Co., 

Ltd. 

Chonburi LC 

Chue Eie Mong Eak Ltd. Part. 

Core Seafood Processing Co., Ltd. 

Crystal Frozen Foods Co., Ltd. and/or 

Crystal Seafood 

Daedong (Thailand) Co. Ltd. 

Daiei Taigen (Thailand) Co., Ltd. 

Daiho (Thailand) Co., Ltd. 

Dynamic Intertransport Co., Ltd. 

Earth Food Manufacturing Co., Ltd. 

Findus (Thailand) Ltd. 

Fortune Frozen Foods (Thailand) Co., 

Ltd. 

Frozen Marine Products Co., Ltd. 

GSE Lining Technology Co., Ltd. 

Gallant Ocean (Thailand) Co., Ltd. 

Gallant Seafoods Corporation 

Global Maharaja Co., Ltd. 

Golden Sea Frozen Foods 

Golden Sea Frozen Foods Co., Ltd. 

Good Fortune Cold Storage Co., Ltd. 

Good Luck Product Co., Ltd. 

Gulf Coast Crab Intl. 

H.A.M. International Co., Ltd. 

Haitai Seafood Co., Ltd. 

Handy International (Thailand) Co., Ltd. 

Heng Seafood Limited Partnership 

Heritrade Co., Ltd. 

HIC (Thailand) Co., Ltd. 

High Way International Co., Ltd. 

I.T. Foods Industries Co., Ltd. 

Inter-Pacific Marine Products Co., Ltd. 

K Fresh 

K.D. Trading Co., Ltd. 

K.F. Foods 

K.L. Cold Storage Co., Ltd. 

K & U Enterprise Co., Ltd. 

Kiang Huat Sea Gull Trading Frozen 

Food Public Co., Ltd. 

Kingfisher Holdings Ltd. 

Kibun Trdg 

Klang Co., Ltd. 

Kitchens of the Ocean (Thailand) Ltd. 

Kongphop Frozen Foods Co., Ltd. 

Kosamut Frozen Foods Co., Ltd. 

Lee Heng Seafood Co., Ltd. 

Li-Thai Frozen Foods Co., Ltd. 

Maersk Line 

Magnate & Syndicate Co., Ltd. 

Mahachai Food Processing Co., Ltd. 

May Ao Co., Ltd. 

May Ao Foods Co., Ltd. 

Merit Asia Foodstuff Co., Ltd. 

Merkur Co., Ltd. 

Ming Chao Ind Thailand 

N&N Foods Co., Ltd. 

Namprik Maesri Ltd. Part. 

Narong Seafood Co., Ltd. 

Nongmon SMJ Products 

N.R. Instant Produce Co., Ltd. 

Ongkorn Cold Storage Co., Ltd. 

Pacific Queen Co., Ltd. 

Penta Impex Co., Ltd. 

Pinwood Nineteen Ninety Nine 

Piti Seafoods Co., Ltd. 

Premier Frozen Products Co., Ltd. 

Preserved Food Specialty Co., Ltd. 

Queen Marine Food Co., Ltd. 

Rayong Coldstorage (1987) Co., Ltd. 

S&D Marine Products Co., Ltd. 

S&P Aquarium 

S&P Syndicate Public Company Ltd. 

S. Chaivaree Cold Storage Co., Ltd. 

SCT Co., Ltd. 

S. Khonkaen Food Industry Public Co., 

Ltd. and/or S. Khonkaen Food Ind. 

Public 

SMP Food Product Co., Ltd. 

Samui Foods Company Limited 

Sea Bonanza Food Co., Ltd. 

SEA NT’L CO., LTD. 

Seafoods Enterprise Co., Ltd. 

Seafresh Fisheries 

Seafresh Industry Public Co., Ltd. 

Search & Serve 

Shianlin Bangkok Co., Ltd. 

Siam Food Supply Co., Ltd. 

Siam Intersea Co., Ltd. 

Siam Marine Products Co. Ltd. 

Siam Union Frozen Foods 

Siamchai International Food Co., Ltd. 

Smile Heart Foods Co. Ltd. 

Southport Seafood 

Star Frozen Foods Co., Ltd. 

STC Foodpak Ltd. 

Suntechthai Intertrading Co., Ltd. 

mstockstill on DSKH9S0YB1PROD with NOTICES

54850 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

5Effective January 16, 2009, there is no longer a 

cash deposit requirement for certain producers/ 

exporters in accordance with the 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 (January 30, 2009) (Section 129 

Determination). These producers/exporters are as 

follows: Andaman Seafood Co., Ltd., Chanthaburi 

Frozen Food Co., Ltd., Chanthaburi Seafoods Co., 

Ltd., Intersia Foods Co., Ltd. (formerly Y2K Frozen 

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., Wales & Co. Universe Limited, 

and Thai I–Mei Frozen Foods Co., Ltd. 

Surapon Nichirei Foods Co., Ltd. 

Surapon Seafoods Public Co., Ltd./ 

Surapon Foods Public Co., Ltd. 

Surapon Seafood 

Surat Seafoods Co., Ltd. 

Suratthani Marine Products Co., Ltd. 

T.S.F. Seafood Co., Ltd. 

Tanaya International Co., Ltd. 

Tanaya Intl. 

Teppitak Seafood Co., Ltd. 

Tey Seng Cold Storage Co., Ltd. 

Tep Kinsho Foods Co., Ltd. 

Thai-Ger Marine Co., Ltd. 

Thai Agri Foods Public Co., Ltd. 

Thai I–Mei Frozen Foods Co., Ltd. 

Thai Mahachai Seafood Products Co., 

Ltd. 

Thai Ocean Venture Co., Ltd. 

Thai Patana Frozen 

Thai Prawn Culture Center Co., Ltd. 

Thai Royal Frozen Food Co. Ltd. 

Thai Spring Fish Co., Ltd. 

Thai Union Frozen Products Public Co., 

Ltd. 

Thai Union Seafood Co., Ltd. 

Thai World Imports & Exports 

The Siam Union Frozen Foods Co., Ltd. 

The Union Frozen Products Co., Ltd. 

Trang Seafood Products Public Co., Ltd. 

Transamut Food Co., Ltd. 

Tung Lieng Trdg. 

United Cold Storage Co., Ltd. 

Xian-Ning Seafood Co., Ltd. 

Yeenin Frozen Foods Co., Ltd. 

YHS Singapore Pte. 

ZAFCO TRDG. 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. 

For those sales where the respondents 

reported the entered value of their U.S. 

sales, we have calculated importerspecific ad valorem duty assessment 

rates based on the ratio of the total 

amount of antidumping duties 

calculated for the examined sales to the 

total entered value of the examined 

sales for that importer. For those sales 

where the respondents did not report 

the entered value of their U.S. sales, we 

have calculated importer-specific or 

customer-specific per-unit duty 

assessment rates by aggregating the total 

amount of antidumping duties 

calculated for the examined sales and 

dividing this amount by the total 

quantity of those sales. With respect to 

the respondents’ U.S. sales of shrimp 

with sauce, for which no entered value 

was reported, we have included the 

total quantity of the merchandise with 

sauce in the denominator of the 

calculation of the importer-specific or 

customer-specific rate because CBP will 

apply the per-unit duty rate to the total 

quantity of merchandise entered, 

including the sauce weight. To 

determine whether the duty assessment 

rates are de minimis, in accordance with 

the requirement set forth in 19 CFR 

351.106(c)(2), we have calculated 

importer-specific or customer-specific 

ad valorem ratios based on the 

estimated entered value. 

For the companies which were not 

selected for individual review, we have 

calculated an assessment rate based on 

the weighted average of the cash deposit 

rates calculated for the companies 

selected for individual review excluding 

any which are de minimis or 

determined entirely on facts available. 

See Certain Frozen Warmwater Shrimp 

From Thailand: Final Results and 

Partial Rescission of Antidumping Duty 

Administrative Review, 74 FR 47551 

(September 16, 2009). 

Pursuant to 19 CFR 351.106(c)(2), we 

will instruct CBP to liquidate without 

regard to antidumping duties any 

entries for which the assessment rate is 

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

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment 

Policy Notice). This clarification will 

apply to entries of subject merchandise 

during the POR produced by companies 

included in these final results of review 

for which the reviewed companies did 

not know that the merchandise they 

sold to the intermediary (e.g., a reseller, 

trading company, or exporter) was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate established in the LTFV 

investigation if there is no rate for the 

intermediary involved in the 

transaction. See Assessment Policy 

Notice for a full discussion of this 

clarification. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rates for each specific 

company listed above 5 will be the rates 

shown above, except if the rate is less 

than 0.50 percent, and therefore, de 

minimis within the meaning of 19 CFR 

351.106(c)(1), in which case the cash 

deposit rate will be zero; (2) for 

previously reviewed or investigated 

companies not participating in this 

review, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recent period; (3) 

if the exporter is not a firm covered in 

this review, a prior review, or the 

original LTFV investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will be 5.34 percent, the allothers rate made effective by the Section 

129 Determination. These requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

This notice serves as a final 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 review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

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. 

We are issuing and publishing these 

final results of review in accordance 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54851 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: August 31, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix—Issues in Decision Memo 

General Comments: 

Comment 1: Offsetting of Negative 

Margins 

Comment 2: Using CBP Data for 

Respondent Selection 

Comment 3: Date of Sale Methodology 

Comment 4: Calculation of the ReviewSpecific Average Rate 

Comment 5: Use of Forward Exchange 

Rates 

Company-Specific Comments: 

Marine Gold 

Comment 6: Revision of Cooked Form 

Model Matching Product 

Characteristic 

Comment 7: Home Market Viability 

Comment 8: Arm’s-Length Nature of 

Thai Warehousing Expenses 

Pakfood 

Comment 9: Home Market Billing 

Adjustments 

Comment 10: Adjusting Gross Unit 

Prices to Account for Glaze 

Comment 11: Treatment of Expenses 

Related to Cancelled Sale 

Comment 12: Reporting of 

‘‘Presentation’’ Product Characteristic 

Comment 13: Using Period-Specific 

Costs in the Sales-Below-COP Test 

The Rubicon Group 

Comment 14: Assessment of 

Antidumping Duties on Rubicon 

Group Imports 

Comment 15: CEP Offset 

Comment 16: The Rubicon Group’s 

Sales Reconciliations 

Comment 17: Reporting of Gross Unit 

Price Exclusive of Sauce Value 

Comment 18: Rebates Claimed in the 

Comparison Market 

Comment 19: Rebates Claimed in the 

U.S. Market 

Comment 20: U.S. Warehousing 

Expenses 

Comment 21: U.S. Indirect Selling 

Expenses 

Comment 22: Major Input Rule for 

Shrimp Costs 

Comment 23: Inclusion of Certain NonOperational Expenses in General and 

Administrative Ratio 

[FR Doc. 2010–22376 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY75 

Incidental Taking of Marine Mammals; 

Taking of Marine Mammals Incidental 

to the Explosive Removal of Offshore 

Structures in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of letters of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that NMFS 

has issued a one-year Letters of 

Authorization (LOA) to take marine 

mammals incidental to the explosive 

removal of offshore oil and gas 

structures (EROS) in the Gulf of Mexico. 

DATES: These authorizations are 

effective from September 3, 2010 

through September 2, 2011. 

ADDRESSES: The application and LOA 

are available for review by writing to P. 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3235 or by telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jolie Harrison, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs the Secretary of 

Commerce (who has delegated the 

authority to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region, 

if certain findings are made and 

regulations are issued. Under the 

MMPA, the term ‘‘take’’ means to harass, 

hunt, capture, or kill or to attempt to 

harass, hunt, capture, or kill any marine 

mammal. 

Authorization for incidental taking, in 

the form of an annual LOA, may be 

granted by NMFS for periods up to five 

years if NMFS finds, after notice and 

opportunity for public comment, that 

the taking will have a negligible impact 

on the species or stock(s) of marine 

mammals, and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means of 

effecting the least practicable adverse 

impact on the species and its habitat 

(i.e., mitigation), and on the availability 

of the species for subsistence uses, 

paying particular attention to rookeries, 

mating rounds, and areas of similar 

significance. The regulations also must 

include requirements pertaining to the 

monitoring and reporting of such taking. 

Regulations governing the taking of 

marine mammals incidental to EROS 

were published on June 19, 2008 (73 FR 

34875), and remain in effect through 

July 19, 2013. For detailed information 

on this action, please refer to that 

Federal Register notice. The species 

that applicants may take in small 

numbers during EROS activities are 

bottlenose dolphins (Tursiops 

truncatus), Atlantic spotted dolphins 

(Stenella frontalis), pantropical spotted 

dolphins (Stenella attenuata), Clymene 

dolphins (Stenella clymene), striped 

dolphins (Stenella coeruleoalba), 

spinner dolphins (Stenella longirostris), 

rough-toothed dolphins (Steno 

bredanensis), Risso’s dolphins 

(Grampus griseus), melon-headed 

whales (Peponocephala electra), shortfinned pilot whales (Globicephala 

macrorhynchus), and sperm whales 

(Physeter macrocephalus). 

Pursuant to these regulations, NMFS 

has issued an LOA to EOG Resources, 

Inc. Issuance of the LOA is based on a 

finding made in the preamble to the 

final rule that the total taking by these 

activities (with monitoring, mitigation, 

and reporting measures) will result in 

no more than a negligible impact on the 

affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on 

subsistence uses. NMFS also finds that 

the applicant will meet the 

requirements contained in the 

implementing regulations and LOA, 

including monitoring, mitigation, and 

reporting requirements. 

Dated: September 2, 2010. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–22504 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–22–S 

mstockstill on DSKH9S0YB1PROD with NOTICES