[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50933-50939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-35]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Final Results and
Final Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2008, 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 45 \1\ producers/exporters of the subject
merchandise to the United States. The period of review (POR) is
February 1, 2006, through January 31, 2007. We are rescinding the
review with respect to
[[Page 50934]]
three companies because these companies had no shipments of subject
merchandise during the POR.
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\1\ This figure does not include those companies for which the
Department is rescinding the administrative review.
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Based on our analysis of the comments received, we have made
certain changes in the margin calculations. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margins for the reviewed firms are listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: August 29, 2008.
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
This review covers 45 producers/exporters.\2\ The respondents which
the Department selected for individual examination are Andaman Seafood
Co., Ltd., Chanthaburi Frozen Food Co., Ltd. (CFF), Chanthaburi
Seafoods Co., Ltd., Euro-Asian International Seafoods Co., Ltd.,
Intersia Foods Co., Ltd. (Intersia Foods) (formerly Y2K Frozen Foods
Co., Ltd. (Y2K Frozen Foods)), Phattana Seafood Co., Ltd., Phattana
Frozen Food Co., Ltd., S.C.C. Frozen Seafood Co., Ltd., Seawealth
Frozen Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd.,
Thai International Seafoods Co., Ltd., and Wales & Co. Universe Limited
(collectively ``the Rubicon Group''); Pakfood Public Company Limited
and its affiliated subsidiaries, Asia Pacific (Thailand) Company
Limited, Chaophraya Cold Storage Company Limited, Okeanos Company
Limited, and Takzin Samut Company Limited (collectively ``Pakfood'');
Thai I-Mei Frozen Foods Co., Ltd. (Thai I-Mei); and Thai Union Frozen
Products Public Co., Ltd. (TUF), Thai Union Seafood Co., Ltd. (TUS)
(collectively ``Thai Union''). The respondents which were not selected
for individual examination are listed in the ``Final Results of
Review'' section of this notice.
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\2\ This figure does not include those companies for which the
Department is rescinding the administrative review.
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On March 6, 2008, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on shrimp from Thailand. See Certain Frozen Warmwater Shrimp
from Thailand: Preliminary Results and Preliminary Partial Rescission
of Antidumping Duty Administrative Review, 73 FR 12089 (Mar. 6, 2008)
(Preliminary Results).
We invited parties to comment on our preliminary results. In April
2008, we received case briefs from the petitioner (i.e., the Ad Hoc
Shrimp Trade Action Committee), the Louisiana Shrimp Association (LSA),
Pakfood, the Rubicon Group, Thai I-Mei, and Thai Union. Also in April
2008, we received rebuttal briefs from each of these parties except the
LSA. We also received comments on the preliminary results from the
following interested parties: Asian Seafoods Coldstorage Public Co.,
Ltd., Kitchens of the Oceans (Thailand), Ltd., The Siam Union Frozen
Foods Co., Ltd., Thai Royal Frozen Food Co., Ltd., The Union Frozen
Products Co., Ltd., Good Fortune Cold Storage Co., Ltd., Kingfisher
Holdings Ltd., Transamut Food Co., Ltd., Seafresh Industry Public Co.,
Ltd., and Tey Seng Cold Storage Co., Ltd. The Department convened a
hearing in this review on June 18, 2008.
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, shell-on or peeled,
tail-on or tail-off, \3\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\3\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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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, 2006, through January 31, 2007.
[[Page 50935]]
Partial Rescission of Review
In February 2007, the Department received timely requests, in
accordance with 19 CFR 351.213(b)(1), from the petitioner and the LSA
to conduct a review of Lucky Union Foods Co., Ltd. (Lucky Union),
Songkla Canning PCL (Songkla), and Thai Union Manufacturing Co., Ltd.
(Thai Union Manufacturing), which are affiliated with Thai Union, a
respondent in this review. The Department initiated a review of these
three companies and requested that they supply data on the quantity and
value of their exports of shrimp during the POR. On April 23, 2007,
Thai Union submitted a response to the Department's quantity and value
(Q&V) questionnaire, in which it indicated that only two of its
companies, TUF and TUS, exported subject merchandise to the United
States during the POR, while Lucky Union, Songkla, and Thai Union
Manufacturing did not produce or export frozen shrimp to the United
States during the POR. We confirmed this information at Thai Union's
sales verification. See Memorandum to the File from Irina Itkin and
Brianne Riker entitled, ``Verification of the Sales Response of Thai
Union Frozen Products Public Co., Ltd./Thai Union Seafood Co., Ltd. in
the Antidumping Administrative Review of Certain Frozen Warmwater
Shrimp from Thailand'' (``Thai Union Verification Report''), dated
February 13, 2008, at 3 and 10. Therefore, because Lucky Union,
Songkla, and Thai Union Manufacturing had no shipments of subject
merchandise to the United States during the POR, in accordance with 19
CFR 351.213(d)(3), and consistent with the Department's practice, we
are rescinding our review with respect to them. See, e.g., Certain
Frozen Warmwater Shrimp from Thailand: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 72 FR 52065,
52067 (Sept. 12, 2007) (04-06 Thai Shrimp Final Results); Certain Steel
Concrete Reinforcing Bars From Turkey; Final Results, Rescission of
Antidumping Duty Administrative Review in Part, and Determination To
Revoke in Part, 70 FR 67665, 67666 (Nov. 8, 2005).
Successor-in-Interest
As noted in the Preliminary Results, in April 2007 the Rubicon
Group informed the Department that its affiliated producer Y2K Frozen
Foods is now doing business under the name Intersia Foods. Based on the
Rubicon Group's submissions addressing the four factors with respect to
this change in corporate structure (i.e., management, production
facilities for the subject merchandise, supplier relationships, and
customer base),\4\ in the preliminary results we found that this
company's organizational structure, management, production facilities,
supplier relationships, and customers have remained essentially
unchanged. Further, we found that Intersia Foods operates as the same
business entity as Y2K Frozen Foods with respect to the production and
sale of shrimp. Therefore, we preliminarily determined that Intersia
Foods is the successor-in-interest to Y2K Frozen Foods. See Preliminary
Results, 73 FR at 12090.
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\4\ See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Softwood
Lumber Products from Canada, 70 FR 50299, 50300-01 (Aug. 26, 2005)
(setting forth the four factors to be considered for successorship
determinations), unchanged in Notice of Final Results of Antidumping
Duty Changed Circumstances Review: Certain Softwood Lumber Products
from Canada, 70 FR 59721 (Oct. 13, 2005).
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Since the preliminary results, no party to this proceeding has
commented on this issue, and we have received no new information with
respect to this issue. As a result, we continue to find that Intersia
Foods is the successor-in-interest to Y2K Frozen Foods.
Application of Weighted-Average Margin to I.T. Foods
In its April 24, 2007, response to the Q&V questionnaire, I.T.
Foods claimed that it had no shipments or entries of subject
merchandise into the United States during the POR. However, when we
attempted to confirm this claim with data obtained from CBP, we found
that there were entries of merchandise into the United States produced
and/or exported by I.T. Foods that appeared to be within the scope of
the antidumping duty order. See Memorandum to the File from Brianne
Riker entitled, ``2006-2007 Administrative Review of Certain Frozen
Warmwater Shrimp from Thailand: Entry Documents from U.S. Customs and
Border Protection,'' dated June 12, 2007. Therefore, on July 16, 2007,
we requested information from I.T. Foods to explain this discrepancy.
On August 16, 2007, I.T. Foods provided information to the
Department indicating that it did, in fact, have reportable
transactions of subject merchandise during the POR of ``tiny shrimp.''
See Letter to the Department from I.T. Foods, dated August 16,
2007. Therefore, we did not rescind the administrative review with
respect to this company and are assigning to it the weighted-average
margin calculated for the companies selected for individual examination
because, based on its response: (1) The discrepancy between the Q&V
questionnaire response and the CBP data appeared to be an inadvertent
oversight; (2) the quantity of the exports in question was so small
that it would not have had an impact on our selection of respondents;
and (3) the company has been responsive to our requests for
information. We will instruct CBP to assess antidumping duties on I.T.
Foods' entries of subject merchandise at the weighted-average rate.
In addition, based on the information provided by I.T. Foods, we
also have determined certain other merchandise produced/exported by
I.T. Foods (i.e., ``shrimp balls'') that entered the United States
during the POR is not subject to the scope of the order because the
shrimp content of this product is limited to shrimp flavoring. See
Letter to the Department from I.T. Foods, dated August 16, 2007.
Therefore, we will instruct CBP to liquidate I.T. Foods' entries of
non-subject merchandise (i.e., ``shrimp balls'') without regard to
antidumping duty liability.
Facts Available
In the preliminary results, we determined that, in accordance with
section 776(a)(2)(A) of the Act, the use of facts available was
appropriate as the basis for the dumping margins for certain producer/
exporters. See Preliminary Results, 73 FR at 12091-92. Section 776(a)
of the Act provides that the Department will apply ``facts otherwise
available'' if, inter alia, necessary information is not available on
the record or an interested party: (1) Withholds information that has
been requested by the Department; (2) fails to provide such information
within the deadlines established, or in the form or manner requested by
the Department; (3) significantly impedes a proceeding; or (4) provides
such information, but the information cannot be verified.
A. Companies That Failed To Respond to the Q&V Questionnaire
In April 2007, the Department requested that all companies subject
to the review respond to the Department's Q&V questionnaire for
purposes of mandatory respondent selection. The original deadline to
file a response was April 23, 2007. Of the 142 companies subject to
this review, 60 companies did not respond to the Department's initial
request for information. Subsequently in May and June 2007, the
Department issued two letters to these companies affording them
additional opportunities to submit a response to the Department's Q&V
questionnaire.
[[Page 50936]]
However, 12 of these companies also failed to respond to the
Department's additional Q&V questionnaires.\5\ On July 19, 2007, the
Department placed documentation on the record confirming delivery of
the questionnaires to each company. See Memorandum to the File from
Brianne Riker entitled, ``Placing Delivery Information on the Record of
the 2006-2007 Antidumping Duty Administrative Review on Certain Frozen
Warmwater Shrimp from Thailand,'' dated July 19, 2007. By failing to
respond to the Department's Q&V questionnaire, these companies withheld
requested information and significantly impeded the proceeding. Thus,
pursuant to sections 776(a)(2)(A) and (C) of the Act, because these
companies did not respond to the Department's questionnaire, the
Department preliminarily found that the use of total facts available is
warranted.
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\5\ These companies are: Applied DB; Chonburi LC; Haitai Seafood
Co., Ltd. (Haitai); High Way International Co., Ltd. (High Way
International); Merkur Co., Ltd. (Merkur); Ming Chao Ind Thailand
(Ming Chao); Nongmon SMJ Products (Nongmon); SCT Co., Ltd. (SCT);
Search and Serve; Shianlin Bangkok Co., Ltd. (located at 159
Surawong Road, Suriyawong, Bangrak, Bangkok 10500 Thailand)
(Shainlin Bangkok); Star Frozen Foods Co., Ltd. (Star Frozen Foods);
and Wann Fisheries Co., Ltd. (Wann Fisheries).
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By failing to respond to the Department's requests, the above-
mentioned companies withheld requested information and significantly
impeded the proceeding. Therefore, as in the preliminary results, the
Department finds that the use of total facts available for Applied DB,
Chonburi LC, Haitai, High Way International, Merkur, Ming Chao,
Nongmon, SCT, Search and Serve, Shianlin Bangkok, Star Frozen Foods,
and Wann Fisheries is appropriate pursuant to sections 776(a)(2)(A) and
(C) of the Act. See Preliminary Results, 73 FR at 12091-92.
According to section 776(b) of the Act, if the Department finds
that an interested party fails to cooperate by not acting to the best
of its ability to comply with requests for information, the Department
may use an inference that is adverse to the interests of that party in
selecting from the facts otherwise available. See Notice of Final
Results of Antidumping Duty Administrative Review: Stainless Steel Bar
from India, 70 FR 54023, 54025-26 (Sep. 13, 2005); Notice of Final
Determination of Sales at Less Than Fair Value and Final Negative
Critical Circumstances: Carbon and Certain Alloy Steel Wire Rod from
Brazil, 67 FR 55792, 55794-96 (Aug. 30, 2002). Adverse inferences are
appropriate ``to ensure that the party does not obtain a more favorable
result by failing to cooperate than if it had cooperated fully.'' See
Statement of Administrative Action accompanying the Uruguay Round
Agreements Act, H.R. Rep. No. 103-316, Vol. 1, at 870 (1994) (SAA),
reprinted in 1994 U.S.C.C.A.N. 4040, 4198-99. Furthermore,
``affirmative evidence of bad faith on the part of a respondent is not
required before the Department may make an adverse inference.'' See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27340 (May 19, 1997); see also Nippon Steel Corp. v. United States, 337
F.3d 1373, 1382-83 (Fed. Cir. 2003) (Nippon). We find that Applied DB,
Chonburi LC, Haitai, High Way International, Merkur, Ming Chao,
Nongmon, SCT, Search and Serve, Shianlin Bangkok, Star Frozen Foods,
and Wann Fisheries did not act to the best of their abilities in this
proceeding, within the meaning of section 776(b) of the Act, because
they failed to respond to the Department's requests for information and
provide timely information. Therefore, an adverse inference is
warranted in selecting from the facts otherwise available with respect
to these companies. See Nippon, 337 F.3d at 1382-83.
Section 776(b) of the Act provides that the Department may use as
adverse facts available (AFA) information derived from: (1) The
petition; (2) the final determination in the investigation; (3) any
previous review; or (4) any other information placed on the record.
The Department's practice, when selecting an AFA rate from among
the possible sources of information, has been to ensure that the margin
is sufficiently adverse ``as to effectuate the statutory purposes of
the adverse facts available rule to induce respondents to provide the
Department with complete and accurate information in a timely manner.''
See, e.g., 04-06 Thai Shrimp Final Results; Certain Steel Concrete
Reinforcing Bars from Turkey; Final Results and Rescission of
Antidumping Duty Administrative Review in Part, 71 FR 65082, 65084
(Nov. 7, 2006).
In order to ensure that the margin is sufficiently adverse so as to
induce cooperation, we have assigned a rate of 57.64 percent, which is
the highest rate alleged in the petition, as adjusted at the initiation
of the less-than-fair-value (LTFV) investigation, to the non-responsive
companies (i.e., Applied DB, Chonburi LC, Haitai, High Way
International, Merkur, Ming Chao, Nongmon, SCT, Search and Serve,
Shianlin Bangkok, Star Frozen Foods, and Wann Fisheries). See Notice of
Initiation of Antidumping Duty Investigations: Certain Frozen and
Canned Warmwater Shrimp From Brazil, Ecuador, India, Thailand, the
People's Republic of China and the Socialist Republic of Vietnam, 69 FR
3876, 3881 (Jan. 27, 2004). The Department believes that this rate is
sufficiently high as to effectuate the purpose of the facts available
rule (i.e., we find that this rate is high enough to encourage
participation in future segments of this proceeding in accordance with
section 776(b) of the Act).
For the reasons stated in the Preliminary Results, we continue to
find that the information upon which this margin is based has probative
value and thus satisfies the corroboration requirements of section
776(c) of the Act. See Preliminary Results, 73 FR at 12092. See also
Memorandum from Elizabeth Eastwood to the File, entitled
``Corroboration of Adverse Facts Available Rate for the Final
Preliminary Results in the 2006-2007 Antidumping Duty Administrative
Review on Certain Frozen Warmwater Shrimp from Thailand,'' dated August
25, 2008. We note that the company-specific margins calculated for the
final results continue to corroborate this margin.
B. Thai Union
We preliminarily determined that it was appropriate to use facts
available for certain of Thai Union's U.S. sales transactions which had
not been reported in the U.S. sales listing: (1) Certain export price
(EP) transactions and constructed export price (CEP) sales made from
inventory; and (2) certain direct CEP transactions which were sold
during the POR, but did not enter until after the POR. With respect to
the sales described in (1) above, for purposes of the final results, we
have continued to base the margin for these unreported sales on facts
available because the information necessary to calculate a final
dumping margin for these U.S. sales is not on the record of this
review. With respect to certain direct CEP sales, as described in (2)
above, we note that the Department's instructions in the original
questionnaire differed from those issued in supplemental questionnaires
with respect to a key reporting requirement, the universe of sales.
Because these instructions appear to have confused the respondent, we
have determined to rely on the direct CEP sales listing as submitted by
Thai Union for purposes of these final results. Thus, application of
facts available with respect to certain direct CEP sales is neither
necessary nor warranted.
Regarding the unreported EP and CEP inventory sales, in the
preliminary results, we determined the facts
[[Page 50937]]
available margin using adverse inferences because we found that Thai
Union failed to cooperate to the best of its ability in this review,
within the meaning of section 776(b) of the Act. After considering the
arguments raised by the parties on this issue, we are reversing our
preliminary decision to base the margin for these unreported sales on
AFA because: (1) the total value of the unreported sales is small; and
(2) the Department was satisfied at verification that the universe of
unreported sales was limited to those examined. As a result, we are now
basing the final dumping margin for the remaining unreported sales upon
facts available with no adverse inference. As facts available, we have
used the weighted-average margin calculated for reported sales. For
further discussion, see the Issues and Decision Memorandum (Decision
Memo) accompanying this notice at Comments 13 and 14.
Duty Absorption
In the preliminary results, we found that antidumping duties have
been absorbed by the Rubicon Group, Thai I-Mei, and Thai Union on all
U.S. sales made through their affiliated importers of record. For the
percentage of such sales, see Memoranda to the File from Kate Johnson
and Rebecca Trainor entitled ``Second Administrative Review of Certain
Frozen Warmwater Shrimp from Thailand: Preliminary Results Margin
Calculation for the Rubicon Group,'' dated February, 28, 2008, at
Attachment 2; ``2006-2007 Administrative Review of Certain Frozen
Warmwater Shrimp from Thailand: Preliminary Results Margin Calculation
for Thai I-Mei Frozen Foods Co., Ltd'' at Attachment 1; and Memorandum
to the File from Brianne Riker, entitled ``Calculations Performed for
Thai Union Frozen Products Co., Ltd./Thai Union Seafood Co., Ltd. for
the Preliminary Results of the 2006-2007 Antidumping Duty
Administrative Review of Certain Frozen Warmwater Shrimp from
Thailand,'' dated February, 28, 2008, at Attachment 2. We have not
received any further information regarding this issue for the final
results. Therefore, for the final results, we continue to find that
antidumping duties have been absorbed by the Rubicon Group, Thai I-Mei,
and Thai Union on all U.S. sales made through their affiliated
importers of record.
With respect to Pakfood, it did not sell subject merchandise in the
United States through an affiliated importer. Therefore, it is not
appropriate to make a duty-absorption determination in this segment of
the proceeding within the meaning of section 751(a)(4) of the Act. See
Agro Dutch Industries Ltd. v. United States, 508 F.3d 1024, 1033 (Fed.
Cir. 2007).
Cost of Production
As discussed in the preliminary results, we conducted an
investigation to determine whether Pakfood, the Rubicon Group, and Thai
Union made comparison market sales of the foreign like product during
the POR at prices below their costs of production (COPs) within the
meaning of section 773(b)(1) of the Act. 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)(2)(B)--(D) of the Act.
Therefore, for purposes of these final results, we found that
Pakfood, Rubicon, and Thai Union 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.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review, and to which we have responded, are listed in
the Appendix to this notice and addressed in 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. These changes are discussed
in the relevant sections of the Decision Memo.
Final Results of Review
We determine that the following weighted-average percentage margins
exist for the period February 1, 2006, through January 31, 2007:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Pakfood Public Company Limited/Asia Pacific (Thailand) 2.44
Company Limited/Chaophraya Cold Storage/Okeanos Company
Limited/Takzin Samut Company Limited......................
Andaman Seafood Co., Ltd./Chanthaburi Frozen Food Co., Ltd./ 3.77
Chanthaburi Seafoods Co., Ltd./Euro-Asian International
Seafoods Co., Ltd./Intersia Foods Co., Ltd./Phattana
Seafood Co., Ltd./Phattana Frozen Food Co., Ltd./S.C.C.
Frozen Seafood Co., Ltd./Seawealth Frozen Food Co. Ltd./
Thailand Fishery Cold Storage Public Co., Ltd./Thai
International Seafoods Co., Ltd./Wales & Co. Universe
Limited...................................................
Thai I-Mei Frozen Foods Co., Ltd........................... 3.09
Thai Union Frozen Products Public Co., Ltd./Thai Union 2.85
Seafood Co., Ltd..........................................
Review-Specific Average Rate Applicable to the Following
Companies: \6\
Asian Seafoods Coldstorage Public Company Limited/Asian 3.18
Seafoods Coldstorage (Suratthani) Co., Ltd./STC
Foodpak Limited.......................................
Charoen Pokphand Foods Public Company Limited/CP 3.18
Merchandising Co., Ltd./Klang Co., Ltd./Seafoods
Enterprise Co., Ltd./Thai Prawn Culture Center Co.,
Ltd...................................................
Crystal Frozen Foods Co., Ltd.......................... 3.18
CY Frozen Co., Ltd..................................... 3.18
Fortune Frozen Foods (Thailand) Co., Ltd............... 3.18
Good Fortune Cold Storage Ltd.......................... 3.18
Good Luck Product Co., Ltd............................. 3.18
Inter-Pacific Marine Products Co., Ltd................. 3.18
[[Page 50938]]
I.T. Foods Industries Co., Ltd......................... 3.18
Kiang Huat Sea Gull Trading Frozen Food Public Company 3.18
Limited...............................................
Kingfisher Holdings Limited/KF Foods Limited........... 3.18
Kitchens of the Ocean (Thailand) Co., Ltd.............. 3.18
Kongphop Frozen Foods Co., Ltd......................... 3.18
Marine Gold Products Ltd............................... 3.18
May Ao Co., Ltd./May Ao Foods Co., Ltd................. 3.18
Narong Seafood Co., Ltd................................ 3.18
Ongkorn Cold Storage Co., Ltd./Thai-ger Marine Co., Ltd 3.18
S&D Marine Products Co., Ltd........................... 3.18
Seafresh Industry Public Company Limited/Seafresh 3.18
Fisheries.............................................
Siam Intersea Co., Ltd................................. 3.18
SMP Food Product Co., Ltd.............................. 3.18
Surapon Foods Public Co., Ltd./Surat Seafoods Co., Ltd. 3.18
Tey Seng Cold Storage Co., Ltd./Chaiwarut Co., Ltd..... 3.18
Thai Royal Frozen Food Co., Ltd........................ 3.18
The Siam Union Frozen Foods Co., Ltd./Kosamut Frozen 3.18
Foods Co., Ltd........................................
The Union Frozen Products Co., Ltd./Bright Sea Co., Ltd 3.18
Transamut Food Co., Ltd................................ 3.18
Xian-Ning Seafood Co., Ltd............................. 3.18
Yeenin Frozen Foods Co., Ltd........................... 3.18
AFA Rate Applicable to the Following Companies:
Applied DB............................................. 57.64
Chonburi LC............................................ 57.64
Haitai Seafood Co., Ltd................................ 57.64
High Way International Co., Ltd........................ 57.64
Merkur Co., Ltd........................................ 57.64
Ming Chao Ind Thailand................................. 57.64
Nongmon SMJ Products................................... 57.64
SCT Co., Ltd........................................... 57.64
Search and Serve....................................... 57.64
Shianlin Bangkok Co., Ltd. (located at 159 Surawong 57.64
Road, Suriyawong, Bangrak, Bangkok 10500 Thailand)....
Star Frozen Foods Co., Ltd............................. 57.64
Wann Fisheries Co., Ltd................................ 57.64
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Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department \6\intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\6\ This 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 AFA.
---------------------------------------------------------------------------
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 (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.212(b)(1), for all of Thai I-Mei's U.S. sales, as well as for
certain of Pakfood's, the Rubicon Group's, and Thai Union's U.S. sales,
because these companies reported the entered value, we have calculated
importer-specific 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 sales for which entered value
was reported. For Pakfood's, the Rubicon Group's, and Thai Union's U.S.
sales without reported entered values, we have calculated importer-
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. 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 ad valorem ratios based on the estimated entered
value.
For the responsive companies which were not selected for individual
examination, we have calculated an assessment rate based on the
weighted average of the cash deposit rates calculated for the companies
selected for individual examination excluding any which are de minimis
or determined entirely on AFA.
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 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). 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 their merchandise was
destined for the United States. This clarification will also apply to
POR entries of subject merchandise produced by companies for which we
are rescinding the review based on certifications of no shipments,
because these companies certified that they made no POR shipments of
subject merchandise for which they had knowledge of U.S. destination.
In such instances, we will instruct CBP to liquidate unreviewed entries
at the ``all-others'' rate established in the LTFV investigation if
there is no rate for the intermediate company(ies) involved in the
transaction.
Cash Deposit Requirements
Further, the following deposit requirements will be effective for
all shipments of shrimp from Thailand entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for the reviewed
[[Page 50939]]
companies will be the rates shown above; (2) for previously
investigated companies not listed above, 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, or
the 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 continue to be 5.95 percent, the
``all-others'' rate established in the LTFV investigation. These
deposit requirements 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 results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 25, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
General Issues
1. Offsets for Negative Margins
2. Classification of U.S. Warehousing Expenses as Movement or
Selling Expenses
Company-Specific Issues
3. U.S. Sales for which Pakfood Public Company Ltd. (Pakfood) Did
Not Report Entered Value
4. Universe of U.S. Sales for Pakfood
5. CEP Offset for Andaman Seafood Co., Ltd., Chanthaburi Frozen Food
Co., Ltd., Chanthaburi Seafoods Co., Ltd., Euro-Asian International
Seafoods Co., Ltd., Intersia Foods Co., Ltd., Phattana Seafood Co.,
Ltd., Phattana Frozen Food Co., Ltd., S.C.C. Frozen Seafood Co.,
Ltd., Seawealth Frozen Food Co., Ltd., Thailand Fishery Cold Storage
Public Co., Ltd., Thai International Seafoods Co., Ltd., and Wales &
Co. Universe Limited (collectively ``the Rubicon Group'')
6. Certain Selling Expenses for the Rubicon Group
7. Certain Clerical Errors for the Rubicon Group
8. CEP Profit Calculation for Thai I-Mei Frozen Foods Co., Ltd.
(Thai I-Mei)
9. CEP Offset for Thai I-Mei
10. Calculation of Assessment Rate for Thai I-Mei
11. Constructed Value (CV) Inventory Carrying Costs for Thai I-Mei
12. Universe of Reviewed U.S. Sales for Thai I-Mei
13. Application of Adverse Facts Available (AFA) for Thai Union
Frozen Products Public Co., Ltd. (TUF), Thai Union Seafood Co., Ltd.
(TUS), (collectively ``Thai Union'') on Unreported CEP Sales
14. Application of AFA for Thai Union's Unreported EP Sales
15. Selection of the AFA Rate for Thai Union and the U.S. Sales
Value to Which the AFA Rate Was Applied
16. CEP Offset for Thai Union
17. U.S. Warehousing Expenses for Thai Union
18. U.S. Freight Expenses for Thai Union
19. U.S. Discounts for Thai Union
20. Total Cost of Manufacturing Calculation for Thai Union
[FR Doc. E8-20165 Filed 8-28-08; 8:45 am]
BILLING CODE 3510-DS-P