24796 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

VII. Recommended Order 

[REDACTED SECTION] 

[REDACTED SECTION] 

The Recommended Decision and 

Order is being referred to the Under 

Secretary for review and final action. As 

provided by Section 766.17(b)(2) of the 

EAR, the recommended decision and 

order is being served by express mail. 

Because the Under Secretary must 

review the decision in a short time 

frame, all papers filed with the Under 

Secretary in response to the 

recommended decision and order must 

be sent by personal delivery, facsimile, 

express mail, or other overnight carrier 

as provided in Section 766.22(a) of the 

EAR. Submissions by the parties must 

be filed with the Under Secretary for 

Export Administration, Bureau of 

Industry and Security, U.S. Department 

of Commerce, Room H–3898, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230, within 12 days 

from the date of issuance of this 

Recommended Decision and Order. 

Thereafter, the parties have eight days 

from receipt of any response(s) in which 

to submit replies. 

Within 30 days after receipt of this 

Recommended Decision and Order, the 

Under Secretary shall issue a written 

order, affirming, modifying or vacating 

the recommended decision and order. 

See 15 CFR 766.22(c). 

PLEASE TAKE NOTE THAT 

Respondent has one year from the date 

of entry of this Order to file a petition 

to vacate this default order. 15 CFR 

766.7(b). 

Administrative Law Judge in Norfolk, 

Virginia. 

Done and dated April 14, 2009. 

Norfolk, VA. 

Hon. Michael J. Devine, 

Administrative Law Judge, U.S. Coast 

Guard. 

6. United States Coast Guard 

Administrative Law Judges perform 

adjudicatory functions for the Bureau of 

Industry and Security with approval 

from the Office of Personnel 

Management pursuant to a 

memorandum of understanding between 

the Coast Guard and the Bureau of 

Industry and Security. 

Certificate of Service 

I hereby certify that I have served the 

foregoing Scheduling Order upon the 

following parties (or designated 

representatives) at the address indicated 

below: 

Eric Clark, Attorney-Advisor and Parvin 

Huda, Senior Counsel, and Joseph 

Jest, Chief of Enforcement and 

Litigation, Attorneys for Bureau of 

Industry and Security, Office of Chief 

Counsel for Industry and Security. 

U.S. Department of Commerce, Room 

H–3839, 14th Street & Constitution 

Avenue, NW., Washington, DC 20230. 

Fax: 202–482–0085. Sent by Facsimile 

and Federal Express. 

Vasko Tomanovic, Counsel for 

Respondent, ‘‘Kaminik’’ b.b., 1000 

Skopje, Republic of Macedonia. Tel: 

389–70–436068. Fax: 41–44–567– 

1892. Sent by Facsimile and Federal 

Express. 

ALJ Docketing Center, Attn: Hearing 

Docket Clerk, United States Coast 

Guard, 40 South Gay Street, Rm. 412, 

Baltimore, MD 21202. Fax: 410–962– 

1746. Sent by Facsimile and Federal 

Express. 

Mr. Iki Malinkovski, Micei 

International, Kaminik b.b., 1000 

Skopje, Republic of Macedonia. Fax: 

011–389–2252–2039. Sent by 

Facsimile and Federal Express. 

Done and dated April 14, 2009. 

Janice L. Parker, 

Paralegal Assistant to the 

Administrative Law Judge. 

Notice to the Parties Regarding 

Review by Under Secretary. 

Title 15—Commerce and Foreign Trade. 

Subtitle B—Regulations Relating to 

Commerce and Foreign Trade. 

Chapter VII—Bureau of Industry and 

Security, Department of Commerce. 

Subchapter C—Export Administration 

Regulations. 

Part 766—Administrative Enforcement 

Proceedings. 

15 CFR 766.22. 

§ 766.22 Review by Under Secretary 

(a) Recommended decision. For 

proceedings not involving violations 

relating to part 760 of the EAR, the 

administrative law judge shall 

immediately refer the recommended 

decision and order to the Under 

Secretary. Because of the time limits 

provided under the EAA for review by 

the Under Secretary, service of the 

recommended decision and order on the 

parties, all papers filed by the parties in 

response, and the final decision of the 

Under Secretary must be by personal 

delivery, facsimile, express mail or 

other overnight carrier. If the Under 

Secretary cannot act on a recommended 

decision and order for any reason, the 

Under Secretary will designate another 

Department of Commerce official to 

receive and act on the recommendation. 

(b) Submissions by parties. Parties 

shall have 12 days from the date of 

issuance of the recommended decision 

and order in which to submit 

simultaneous responses. Parties 

thereafter shall have eight days from 

receipt of any response(s) in which to 

submit replies. Any response or reply 

must be received within the time 

specified by the Under Secretary. 

(c) Final decision. Within 30 days 

after receipt of the recommended 

decision and order, the Under Secretary 

shall issue a written order affirming, 

modifying or vacating the recommended 

decision and order of the administrative 

law judge. If he/she vacates the 

recommended decision and order, the 

Under Secretary may refer the case back 

to the administrative law judge for 

further proceedings. Because of the time 

limits, the Under Secretary’s review will 

ordinarily be limited to the written 

record for decision, including the 

transcript of any hearing, and any 

submissions by the parties concerning 

the recommended decision. 

(d) Delivery. The final decision and 

implementing order shall be served on 

the parties and will be publicly 

available in accordance with § 766.20 of 

this part. 

(e) Appeals. The charged party may 

appeal the Under Secretary’s written 

order within 15 days to the United 

States Court of Appeals for the District 

of Columbia pursuant to 50 U.S.C. app. 

2412(c)(3). 

[FR Doc. E9–11885 Filed 5–22–09; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–552–802 

Certain Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: 

Final Results of the Second New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is conducting a new 

shipper review of BIM Seafood Joint 

Stock Company (‘‘BIM Seafood’’) and 

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) 

(‘‘Shrimp Order.’’) We preliminarily 

found that BIM Seafood did not sell 

subject merchandise at less than normal 

value (‘‘NV’’) and thus assigned a zero 

margin for the period of review 

(‘‘POR’’), February 1, 2007, through 

January 31, 2008. See Certain Frozen 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24797 

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

includes the telson and the uropods. 

Warmwater Shrimp from the Socialist 

Republic of Vietnam: Preliminary 

Results of the Second New Shipper 

Review, 74 FR 4924 (January 28, 2009) 

(‘‘Preliminary Results’’). Based upon our 

analysis of the comments and 

information received, we made changes 

to the margin calculations for the final 

results. The final margin is listed below 

in the section entitled, ‘‘Final Results of 

the Review.’’ 

EFFECTIVE DATE: May 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Emeka Chukwudebe, 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) 482–0219. 

SUPPLEMENTARY INFORMATION: 

Case History 

On January 28, 2009, the Department 

published in the Federal Register the 

preliminary results of this second new 

shipper review. On February 27, 2009, 

BIM Seafood filed comments regarding 

the Department’s Preliminary Results. 

On March 20, 2009, the Department 

issued a revised margin analysis 

memorandum to the file. See 

Memorandum to the File, from Emeka 

Chukwudebe, Case Analyst, Office 9, 

Import Administration, through Alex 

Villanueva, Program Manager, Office 9, 

regarding ‘‘New Shipper Review of 

Certain Frozen Warmwater Shrimp from 

the Socialist Republic of Vietnam’’ 

dated March 20, 2009 (‘‘Revised Margin 

Analysis Memo’’). We gave BIM Seafood 

an opportunity to comment on the 

Revised Margin Analysis Memo. On 

March 30, 2009, BIM Seafood filed 

comments regarding the Department’s 

Revised Margin Analysis Memo. No 

other party filed comments and no party 

requested a public hearing. On April 15, 

2009, the Department extended the time 

limit for the completion of the final 

results of this new shipper review by 60 

days. See Certain Frozen Warmwater 

Shrimp From the Socialist Republic of 

Vietnam: Extension of Time Limit for 

Final Results of the Second New 

Shipper Review, 74 FR 17453 (April 15, 

2009). 

Scope of the Order 

The scope of the order 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 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 the 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 the 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 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 the 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 

the order is dispositive. 

Analysis of Comments Received 

All issues raised in the comments by 

BIM Seafood are addressed in the 

concurrent Issues and Decision 

Memorandum (‘‘Issues and Decision 

Memo’’), which is hereby adopted by 

this notice. A list of the issues which 

BIM Seafood raised and to which we 

respond in the Issues and Decision 

Memo is attached to this notice as an 

Appendix. The Issues and Decision 

Memo is a public document and is on 

file in the Central Records Unit 

(‘‘CRU’’), Main Commerce Building, 

Room 1117, and is accessible on the 

Web 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 our analysis of information 

and comments received regarding our 

Preliminary Results and Revised Margin 

Analysis Memo, we have made 

revisions to the margin calculations for 

BIM Seafood. For all changes to the 

calculations, see the Issues and Decision 

Memo at Comment 1 and 2. 

Final Results of the Review 

The Department has determined that 

the final dumping margin for the POR 

is: 

CERTAIN FROZEN WARMWATER

SHRIMP FROM VIETNAM

Manufacturer/Exporter Weighted–Average 

Margin (Percent) 

BIM Seafood ................. 0.00 

24798 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and U.S. 

Customs and Border Protection (‘‘CBP’’) 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of the final results of 

review. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer–specific (or customer) ad 

valorem duty assessment rates based on 

the ratio of the total amount of the 

dumping margins calculated for the 

examined sales to the total entered 

value of those same sales. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review if any importer–specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. 

Cash–Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of these final results of the 

new shipper review for all shipments of 

subject merchandise by BIM Seafood, 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Tariff Act of 1930, as 

amended (‘‘Act’’): (1) for subject 

merchandise produced and exported by 

BIM Seafood, the cash deposit rate will 

be zero; (2) for subject merchandise 

exported by BIM Seafood, but not 

manufactured by BIM Seafood, the cash 

deposit rate will continue to be the 

Vietnam–wide rate of 25.76 percent; and 

(3) for subject merchandise 

manufactured by BIM Seafood, but 

exported by any party other than BIM 

Seafood, the cash deposit rate will be 

the rate applicable to the exporter. 

These cash deposit requirements will 

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 

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)(5). 

Dated: May 18, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix - Issues and Decision 

Memorandum 

Comment 1: International Freight 

Comment 2: Raw Shrimp Count–Size 

Conversion 

[FR Doc. E9–12152 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1620] 

Grant of Authority for Subzone Status; 

Grafil, Inc. (Carbon Fiber), Sacramento, 

CA 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a–81u), 

the Foreign-Trade Zones Board (the 

Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘* * * the establishment 

* * * of foreign-trade zones in ports of 

entry of the United States, to expedite 

and encourage foreign commerce, and 

for other purposes,’’ and authorizes the 

Foreign-Trade Zones Board to grant to 

qualified corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR part 400) provide for the 

establishment of special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Sacramento-Yolo Port 

District, grantee of FTZ 143, has made 

application to the Board for authority to 

establish special-purpose subzone status 

at the carbon fiber manufacturing plant 

of Grafil, Inc., located in Sacramento, 

California (FTZ Docket 37–2007, filed 8/ 

14/2007); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (72 FR 48612, 8/24/07); and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations would be satisfied, 

and that approval of the application 

would be in the public interest, if 

approval were subject to the condition 

listed below; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to the manufacture of 

carbon fiber at the Grafil, Inc., facilities, 

located in Sacramento, California 

(Subzone 143D), as described in the 

application and Federal Register notice, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28, 

and also subject to the condition that 

approval is for an initial period of five 

years, subject to extension upon review. 

Signed at Washington, DC, this 7th day of 

May 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary of Commerce for 

Import Administration, Alternate Chairman, 

Foreign-Trade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–12129 Filed 5–22–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Hydrographic Services Review Panel; 

Membership Solicitation 

AGENCY: National Ocean Service, 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce. 

ACTION: Notice of membership 

solicitation for Hydrographic Services 

Review Panel. 

SUMMARY: This notice responds to the 

Hydrographic Services Improvement 

Act Amendments of 2002, Public Law 

107–372, which requires the Under 

Secretary of Commerce for Oceans and 

Atmosphere to solicit nominations for 

membership on the Hydrographic 

Services Review Panel (the Panel). This 

advisory committee will advise the 

Under Secretary on matters related to 

the responsibilities and authorities set 

forth in section 303 of the Hydrographic 

Services Improvement Act of 1998, and