31912 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

1This was the second remand ruling by the CIT 

on this issue. Previously, the CIT required the 

Department to provide further explanation of its CV 

profit methodology. See Thai I-Mei Frozen Foods 

Co., Ltd. v. United States, 477 F. Supp. 2d 1332 (CIT 

2007) (Thai I-Mei I). Although the Department 

complied with this order (see Final Results of 

Redetermination Pursuant to Court Remand, dated 

June 8, 2007, found at http://ia.ita.doc.gov/ 

remands), the CIT rejected it in Thai I-Mei Frozen 

Foods Co., Ltd. v. United States, Court No. 05-00197 

(Aug. 26, 2008) (Thai I-Mei II). 

Canned Warmwater Shrimp From 

Thailand, 69 FR 76918 (Dec. 23, 2004), 

as amended by the Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp from Thailand, 70 FR 5145 (Feb. 

1, 2005) (Final Determination). 

EFFECTIVE DATE: July 6, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Eastwood, 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) 482–3874. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 5, 2005, the Department 

published its amended final 

determination in the LTFV investigation 

of certain frozen warmwater shrimp 

from Thailand. See Final Determination. 

In the Final Determination, we based 

the constructed value (CV) profit for one 

respondent, Thai I–Mei Frozen Foods 

Co., Ltd. (Thai I–Mei), on the weighted– 

average profits earned by the other 

respondents in the investigation, in 

accordance with our practice. 

On August 26, 2008, the CIT held that 

the CV profit rate for Thai I–Mei was not 

determined according to a ‘‘reasonable 

method’’ as required by the Tariff Act of 

1930, as amended (the Act), and 

remanded the issue to the Department to 

‘‘redetermine a constructed value profit 

rate for Thai I–Mei that is in accordance 

with law.’’1 See Thai I–Mei II. 

On March 18, 2009, the Department 

issued its final results of 

redetermination pursuant to Thai I–Mei 

II. In this remand redetermination, the 

Department recalculated the CV profit 

rate for Thai I–Mei using the weighted– 

average of the other respondents’ profit 

on the third country sales of the foreign 

like product both within and outside the 

ordinary course of trade, because the 

CIT found this method reasonable. The 

Department’s second redetermination 

changed the Final Determination 

dumping margin for Thai I–Mei from 

5.29 percent to 1.88 percent. 

Timken Notice 

In its decision in Timken, 893 F.2d at 

341, the CAFC held that, pursuant to 

section 516A(e) of the Act, the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s decision in Thai I–Mei III on 

June 24, 2009, constitutes a final 

decision of that court that is not in 

harmony with the Department’s Final 

Determination. This notice is published 

in fulfillment of the publication 

requirements of Timken. Accordingly, 

the Department will continue the 

suspension of liquidation of the subject 

merchandise pending the expiration of 

the period of appeal or, if appealed, 

pending a final and conclusive court 

decision. In the event the CIT’s ruling is 

not appealed or, if appealed, upheld by 

the CAFC, the Department will publish 

an amended final determination and 

exclude shrimp produced and exported 

by Thai I–Mei from the antidumping 

duty order on frozen warmwater shrimp 

from Thailand. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: June 29, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–15831 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 24–2009] 

Foreign–Trade Zone 7 - San Juan, PR, 

Request for Manufacturing Authority, 

CooperVision Caribbean Corporation 

(Contact Lenses), Juana Diaz, PR 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the Puerto Rico Industrial 

Development Company, grantee of FTZ 

7, requesting authority on behalf of 

CooperVision Caribbean Corporation 

(CooperVision), to manufacture contact 

lenses under FTZ procedures within 

FTZ 7. The application was submitted 

pursuant to the provisions of the 

Foreign–Trade Zones Act, as amended 

(19 U.S.C. 81a–81u), and the regulations 

of the Board (15 CFR Part 400). It was 

formally filed on June 26, 2009. 

The CooperVision facilities (441,000 

sq.ft./1,300 employees) are located 

within Site 4 at 500 Road 584, Amuelas 

Industrial Park (manufacturing plant 

and warehouse) and at Road 149, Lomas 

Industrial Park (warehouse) in Juana 

Diaz, Puerto Rico. The facilities are used 

to manufacture and distribute 

disposable contact lenses (HTSUS 

9001.30; duty rate: 2.0%) for export and 

the domestic market. At full capacity, 

the manufacturing plant can produce up 

to 800 million contact lenses annually. 

Activity under FTZ procedures would 

include manufacturing, cleaning, 

hydrating, polishing, power reading, 

and packaging. Foreign–origin materials 

and components that would be 

purchased from abroad (representing up 

to 65% of total material inputs, by 

value) to be used in manufacturing 

include: polypropelene polymers, 

quanternary ammonium (PC Hema, YT– 

Lipidure), esters of acrylic acid, acyclic 

amides, silicone (primary), and 

aluminum foil (duty rate range: free 

6.5%). 

FTZ procedures would exempt 

CooperVision from customs duty 

payments on the foreign material inputs 

used in export production (up to 90% 

of shipments). On its domestic sales, 

CooperVision would be able to elect the 

duty rate that applies to finished contact 

lenses (2%) for the foreign–origin inputs 

noted above that have higher duty rates. 

FTZ designation would further allow 

CooperVision to realize logistical 

benefits through the use of weekly 

customs entry procedures. Customs 

duties also could possibly be deferred or 

reduced on foreign status production 

equipment. The application indicates 

that the savings from FTZ procedures 

would help improve the facilities’ 

international competitiveness. 

In accordance with the Board’s 

regulations, Pierre Duy of the FTZ Staff 

is designated examiner to evaluate and 

analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. Public 

comment is invited from interested 

parties. Submissions (original and 3 

copies) shall be addressed to the Board’s 

Executive Secretary at the address 

below. The closing period for receipt of 

comments is September 4, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to September 

21, 2009. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign–Trade Zones Board, Room 

2111, U.S. Department of Commerce, 

1401 Constitution Avenue, NW, 

Washington, DC 20230–0002, and in the 

‘‘Reading Room’’ section of the Board’s 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31913 

website, which is accessible via 

www.trade.gov/ftz. 

For further information, contact Pierre 

Duy, examiner, at 

pierre_duy@ita.doc.gov, or (202) 482– 

1378. 

Dated: June 26, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–15824 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO42 

Marine Mammals; File Nos. 14197 and 

782–1812 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit and 

permit amendment. 

SUMMARY: Notice is hereby given that 

the U.S. Air Force, 30th Space Wing 

Civil Engineer Environmental Flight, 

Vandenberg Air Force Base, CA has 

been issued a permit to conduct 

research on marine mammals (File No. 

14197); and NMFS National Marine 

Mammal Laboratory, Seattle, WA, has 

been issued a major amendment to 

Scientific Research Permit No. 782– 

1812 for research on marine mammals. 

ADDRESSES: The permits and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

(File No. 782–1812 only) Northwest 

Region, NMFS, 7600 Sand Point Way 

NE, BIN C15700, Bldg. 1, Seattle, WA 

98115–0700; phone (206)526–6150; fax 

(206)526–6426; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Kate Swails, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On April 

6, 2009, notice was published in the 

Federal Register (74 FR 15460) that 

requests for a permit and permit 

amendment to conduct research on 

marine mammals had been submitted by 

the above-named applicants. The 

requested permit and permit 

amendment have been issued under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

Permit No. 14197 authorizes 

continued studies of the effects of noise 

from rocket and missile launches and 

subsequent launch-generated sonic 

booms on Pacific harbor seals (Phoca 

vitulina richardii), California sea lions 

(Zalophus californianus), and northern 

elephant seals (Mirounga angustirostris) 

at Vandenberg Air Force Base and the 

northern California Channel Islands. 

The permit is valid through June 30, 

2014. 

Permit No. 782–1812–00, issued on 

May 9, 2006 (71 FR 27996), authorizes 

research related to population and 

health assessment and studies of the 

ecology of and disease in California sea 

lions, northern elephant seals, harbor 

seals, and northern fur seals 

(Callorhinus ursinus) on the southern 

California Channel Islands, surrounding 

waters, and at haul-out sites along the 

coast of California, Oregon, and 

Washington. The amendment revises 

protocols and numbers related to 

research on California sea lions, and is 

valid through permit expiration on June 

30, 2011. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activities proposed are categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Dated: June 29, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–15843 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ11 

Bering Sea and Aleutian Islands Crab 

Rationalization Program 

AGENCY: Alaska Fishery Science Center 

(AFSC), National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public workshop. 

SUMMARY: NMFS will hold a workshop 

for participants in the Bering Sea and 

Aleutian Islands Crab Rationalization 

Program who are required to submit a 

crab Economic Data Report. 

DATES: The workshop will be held on 

Friday, July 17, 2009, from 9:00 a.m. to 

5:00 p.m. Pacific standard time. 

ADDRESSES: The workshop will be held 

at the Pacific Seafood Processors 

Association office Conference Room, 

1900 W. Emerson Place, Number 205, 

Seattle, WA 98119. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Brian Garber-Yonts, AFSC, 206–526– 

6301 or Steven K. Minor at 360–440– 

4737. 

SUPPLEMENTARY INFORMATION: NMFS 

Alaska Fishery Science Center staff and 

the Pacific Northwest Crab Industry 

Advisory Committee are holding a 

workshop for Crab Rationalization 

Program fishing industry members to 

review, discuss, and comment on draft 

revised crab economic data report (EDR) 

forms to improve the quality of 

information collected in the Bering Sea 

and Aleutian Islands Crab 

Rationalization Program. The revised 

EDRs are intended to address critical 

data quality limitations resulting from 

the design of the existing forms. The 

workshop is intended to ensure that 

NMFS receives consistent and accurate 

information. Participation from 

individuals involved in completing the 

EDR forms is important. This workshop 

is part of a process to respond to the 

North Pacific Fisheries Management 

Council’s Crab Rationalization Program 

economic data collection requirements. 

The workshop discussion also will 

address ‘‘Best Practices’’ 

recommendations for recordkeeping and 

data validation documentation issued 

by the EDR auditor. 

This is NOT a committee meeting or 

a presentation or discussion of any 

analysis. It is a workshop for industry 

input on EDR forms. It is open to the 

public and any interested stakeholders. 

Copies of the draft revised EDR forms 

and other relevant documents can be 

downloaded from the NMFS Alaska 

Regions BSAI CRAB EDR website at: 

http://www.fakr.noaa.gov/sustainable

fisheries/crab/rat/edr/default.htm 

This workshop is physically 

accessible to people with disabilities. 

Requests for special accommodations 

should be directed to Brian GarberYonts (see FOR FURTHER INFORMATION

CONTACT) by DATE. 

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