[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49460-49464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20073]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Administrative Review of Certain Frozen Warmwater Shrimp From the
People's Republic of China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2010, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the fourth
administrative review of the antidumping duty order on certain frozen
warmwater shrimp from the People's Republic of China (``PRC'').\1\ We
gave interested parties an opportunity to comment on the Preliminary
Results. Based upon our analysis of the comments and information
received, we made changes to the margin calculations for the final
results. We find that certain exporters have not sold subject
merchandise at less than normal value (``NV'') during the period of
review (``POR''), February 1, 2008, through January 31, 2009.
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\1\ See Fourth Administrative Review of Certain Frozen Warmwater
Shrimp from the People's Republic of China: Preliminary Results,
Preliminary Partial Rescission of Antidumping Duty Administrative
Review and Intent Not to Revoke, In Part, 75 FR 11855 (March 12,
2010) (``Preliminary Results'').
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DATES: Effective Date: August 13, 2010.
FOR FURTHER INFORMATION CONTACT: Bob Palmer and Irene Gorelik, 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-
9068 and (202) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2009, the Department initiated an administrative
review of 477 producers/exporters of subject merchandise from the
PRC.\2\ In the Preliminary Results, the Department preliminarily
rescinded the review with respect to several companies which submitted
no shipment certifications and for which we have not found any
information to contradict these claims. These companies are Yangjiang
City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic
Food Co., Ltd., Fuqing Minhua Trade Co., Ltd., the Allied Pacific Group
(comprised of Allied Pacific Food (Dalian) Co., Ltd.; Allied Pacific
Aquatic Products (Zhanjiang) Co., Ltd.; Zhanjiang Allied Pacific
Aquaculture Co., Ltd.; Allied Pacific (H.K.) Co., Ltd.; and King Royal
Investments Ltd.); Gallant Ocean (Lianjiang), Ltd.; Gallant Ocean
(Nanhai), Ltd.; Shantou Yelin Frozen Seafood Co., Ltd. (doing business
as Shantou Yelin Quick-Freeze Marine Products Co., Ltd.).
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\2\ See Notice of Initiation of Administrative Reviews and
Requests for Revocation in Part of the Antidumping Duty Orders on
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam and
the People's Republic of China, 74 FR 13178 (March 26, 2009) for a
listing of these companies.
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As noted above, on March 12, 2010, the Department published the
Preliminary Results of this administrative review.\3\ On April 1, 2010,
the Petitioner,\4\ Domestic Processors,\5\ Zhanjiang Regal Integrated
Marine Resources Co., Ltd. (``Regal''), and Hilltop International
(``Hilltop'') submitted additional surrogate value information. On
April 6, 2010, Petitioner, Domestic Processors, and Hilltop submitted
rebuttal surrogate value information.
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\3\ See Preliminary Results.
\4\ Petitioner is the Ad Hoc Shrimp Trade Action Committee
(hereinafter referred to as ``Petitioner'').
\5\ These domestic parties are the American Shrimp Processors
Association and Louisiana Shrimp Association (hereinafter referred
to as ``Domestic Processors'').
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On March 30, 2010, we extended the deadline for parties to submit
the case briefs and rebuttal briefs to April 12, 2010 and April 17,
2010, respectively.\6\ On April 12, 2010, the Petitioner, Domestic
Processors, Hilltop, and Regal filed case briefs. On April 19, 2010,
the Petitioner, Domestic Processors, and Hilltop filed rebuttal briefs.
On May 20, 2010, the Department extended the deadline for the
completion of the final results of this review until August 9, 2010.\7\
On June 15, June 23, and July 14, 2010, the Department placed wage rate
data on the record for comment following the recent decision in Dorbest
Limited et. al. v. United States, 2009-1257, -1266, issued by the
United States Court of Appeals for the Federal Circuit (``CAFC'') on
May 14, 2010, regarding the Department's wage rate methodology.\8\
Interested parties submitted comments regarding the new wage rate data
on June 22, and July 21, 2010. See ``Wage Rate Methodology'' section
below for a detailed explanation of the Department's revised wage rate
for these final results.
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\6\ See Letter from the Department to Interested Parties, dated
March 30, 2010.
\7\ See Certain Frozen Warmwater Shrimp from the People's
Republic of China: Extension of Final Results of Antidumping
Administrative Review, 75 FR 28235 (May 20, 2010).
\8\ See Memoranda to the File re; Wage Rate Data, dated June 15,
June 23, and July 14, 2010.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Fourth Administrative Review of
Frozen Warmwater Shrimp from the People's Republic of China: Issues and
Decision Memorandum for the Final Results,'' which is dated
concurrently with this notice (``I&D Memo''). A list of the issues
which parties raised and to which we respond in the I&D Memo is
attached to this notice as an Appendix. The I&D 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 Department's Web
site 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 a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
Hilltop and Regal's margin calculations for the final results. First,
we have revised classifications for certain expenses in the surrogate
financial ratios used in the Preliminary Results. The Department's
practice is to exclude certain expenses in the surrogate financial
ratio calculations for constructed export price (``CEP'') sales where
those expenses have been accounted for elsewhere in the margin
program.\9\ Hilltop reported only CEP sales, so the Department will
[[Page 49461]]
exclude expenses that have been accounted for elsewhere. Specifically,
we have determined that, absent any information to the contrary, the
FDA expense identified in Schedule 15 of the surrogate financial
statement as a U.S. sales expense has been accounted for elsewhere in
the margin calculation program for Hilltop. Therefore, the Department
excluded the FDA expense from Hilltop's surrogate financial ratio
calculation because it was properly deducted from the gross unit price
in the margin calculation program. See I&D Memo at Comment 10. However,
unlike Hilltop, all of Regal's sales were export price (``EP'') sales,
where, in non-market economy cases, the ``Department does not make
circumstance-of-sale adjustments as the offsetting adjustments to the
normal value are not normally possible.'' \10\ Consequently, for the
reasons stated above, we will not exclude FDA related charges in the
calculation of the surrogate financial ratios for Regal. See Id.
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\9\ See Certain New Pneumatic Off-The-Road Tires from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value and Partial Affirmative Determination of
Critical Circumstances, 73 FR 40485 (July 15, 2008) and accompanying
Issues and Decision Memorandum at Comment 18C.
\10\ See, e.g., Heavy Forged Hand Tools, Finished or Unfinished,
With or Without Handles, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Reviews, Final Partial
Rescission of Antidumping Duty Administrative Reviews, and
Determination Not To Revoke in Part, 69 FR 55581 (September 15,
2004) and accompanying Issues and Decision Memorandum at Comment 15.
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Further, in the Preliminary Results, the Department classified the
FDA Expense as overhead, while the surrogate company categorized this
expense as a selling, general, and administrative (``SG&A'') expense.
Because there is no information in surrogate company's financial
statement to indicate that the FDA expense is not related to the
general operations of the company, in accordance with the Department's
practice,\11\ the FDA expense should be reflected in the SG&A expense
ratio for this company. Consequently, for the final results, we will
reclassify the FDA expense from an overhead item and treat it as an
SG&A expense, as reported by the surrogate company. For further
details, see I&D Memo at Comment 10.
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\11\ See, e.g., Rhodia, Inc. v. United States, 240 F. Supp. 2d
1247, 1250-1251 (CIT 2002); see also Notice of Final Determination
of Sales at Less Than Fair Value and Negative Final Determination of
Critical Circumstances: Certain Color Television Receivers From the
People's Republic of China, 69 FR 20594 (April 16, 2004) and
accompanying Issues and Decision Memorandum at Comment 15.
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Additionally, we have revised the wage rate methodology and the
surrogate values for shrimp larvae, diesel fuel, shrimp waste, and by-
products. For further details see I&D Memo at Comments 8, 3, 6, and 7;
see also ``Memorandum to the File through Catherine Bertrand, Program
Manager, Office IX from Bob Palmer, Case Analyst, Office IX; Fourth
Administrative Review of Certain Frozen Warmwater Shrimp from the
People's Republic of China: Surrogate Factor Valuations for the Final
Results,'' (``Final SV Memo'') dated concurrently with this notice.
Because of the changes noted above, the antidumping duty margin
calculations for both of the mandatory respondents have changed since
the Preliminary Results. For further details on these company-specific
changes, see the company-specific analysis memoranda.
Wage Rate Methodology
Pursuant to a recent decision by the CAFC, we have calculated a
revised hourly wage rate to use in valuing Hilltop's and Regal's
reported labor. The revised wage rate is calculated by averaging
earnings and/or wages in countries that are economically comparable to
the PRC and that are significant producers of comparable merchandise.
See I&D Memo at Comment 8; see also Final SV Memo for the details of
the calculation and supporting data.
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,\12\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\12\ ``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 (``HTS''), 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, white-leg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this order. In addition, food
preparations, which are not ``prepared meals,'' that contain more than
20 percent by weight of shrimp or prawn are also included in the scope
of this order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTS
subheading 1605.20.1020); (2) shrimp and prawns generally classified in
the Pandalidae family and commonly referred to as coldwater shrimp, in
any state of processing; (3) fresh shrimp and prawns whether shell-on
or peeled (HTS subheadings 0306.23.0020 and 0306.23.0040); (4) shrimp
and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried
shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned warmwater
shrimp and prawns (HTS subheading 1605.20.1040); (8) certain dusted
shrimp; and (9) 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 this Order are currently classified under
the following HTS subheadings: 0306.13.0003, 0306.13.0006,
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021,
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and
1605.20.1030. These HTS 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.
[[Page 49462]]
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to the following companies: Allied Pacific
Group; \13\ Gallant Ocean (Lianjiang), Ltd.; Gallant Ocean (Nanhai),
Ltd.; Shantou Yelin Frozen Seafood Co., Ltd.; Shantou Yelin Quick-
Freeze Marine Products Co., Ltd.; Yangjiang City Yelin Hoitat Quick
Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd., and
Fuqing Minhua Trading Co., Ltd. The Department determined that they had
no shipments of subject merchandise to the United States during the
POR.
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\13\ Allied Pacific Group is comprised of: Allied Pacific Food
(Dalian) Co., Ltd.; Allied Pacific Aquatic Products (Zhanjiang) Co.,
Ltd.; Zhanjiang Allied Pacific Aquaculture Co., Ltd.; Allied Pacific
(H.K.) Co., Ltd.; and King Royal Investments Ltd.
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Subsequent to the Preliminary Results, no information was submitted
on the record indicating that the above companies made sales to the
United States of subject merchandise during the POR and no parties
provided written arguments regarding this issue. Thus, in accordance
with 19 CFR 351.213(d)(3), and consistent with our practice, we are
rescinding this review with respect to the above-named companies.
Request for Revocation, in Part
In the Preliminary Results, we preliminarily determined that Regal
has not met the regulatory criteria for revocation set forth in 19 CFR
351.222(b). See Preliminary Results at 11857. In Regal's request for
revocation, Regal argued that it has maintained three consecutive years
of sales at not less than normal value. However, in the third
administrative review of this order, the Department determined that
Regal sold the subject merchandise at less than normal value and
assigned Regal a weight-averaged dumping margin.\14\ We have not
received any further information following the issuance of the
Preliminary Results that would warrant revocation of the order with
regard to Regal. Therefore, we will not revoke the order with respect
to Regal because it has not met the regulatory criteria for revocation
set forth in 19 CFR 351.222(b).
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\14\ See Third Administrative Review of Frozen Warmwater Shrimp
From the People's Republic of China: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 46565
(September 10, 2009) (``China Shrimp AR3 Final'').
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Duty Absorption
In the Preliminary Results, we conducted a duty absorption inquiry
with regard to Hilltop, pursuant to section 751(a)(4) of the Tariff Act
of 1930, as amended (``Act''), and preliminarily found that Hilltop has
not absorbed antidumping duties on U.S. sales made through its
affiliated importer. See Preliminary Results at 11857. We have not
received any further information which would provide a basis for the
reconsideration of our determination. Therefore, the Department
continues to find that Hilltop has not absorbed antidumping duties on
U.S. sales made through its affiliated importer, pursuant to section
751(a)(4) of the Act.
Separate Rates
In our Preliminary Results, we preliminarily determined that
Hilltop, Regal, and Shantou Yuexing Enterprises Co. (``Shantou
Yuexing'') met the criteria for the application of a separate rate. We
have not received any information since the issuance of the Preliminary
Results that provides a basis for the reconsideration of these
determinations. Therefore, the Department continues to find that
Hilltop, Regal, and Shantou Yuexing meet the criteria for a separate
rate.
Rate for Non-Selected Companies
In the Preliminary Results, we stated that the Department employed
a limited examination methodology, as it did not have the resources to
examine all companies for which a review request was made, and selected
two exporters, Hilltop and Regal, as mandatory respondents in this
review. See Preliminary Results at 11855. Additionally, Shantou Yuexing
submitted timely information as requested by the Department and
remained subject to review as a cooperative separate rate respondent.
In the Preliminary Results, the Department assigned a preliminary rate
to Shantou Yuexing. See Preliminary Results at 11861.
In the Preliminary Results, we noted that the statute and the
Department's regulations do not directly address the establishment of a
rate to be applied to companies not selected for individual examination
where the Department limited its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. See Preliminary
Results at 11859. We further explained that the Department's practice
in this regard, in cases involving limited selection based on exporters
accounting for the largest volumes of trade, has been to weight-average
the rates for the selected companies excluding zero and de minimis
rates and rates based entirely on facts available. See Preliminary
Results at 11859. However, due to changes in certain surrogate values
for Hilltop and Regal from the Preliminary Results, the Department has,
for the final results, calculated all zero or de minimis dumping
margins for the mandatory respondents.
Because the Act does not address the rate to be applied to
companies not selected for individual examination, we have looked to
section 735(c)(5) of the Act for guidance. Section 735(c)(5)(A) of the
Act instructs that we are not to calculate an all-others rate using any
zero or de minimis margins or any margins based entirely on facts
available. Section 735(c)(5)(B) of the Act also provides that, where
all margins are zero rates, de minimis rates, or rates based entirely
on facts available, we may use ``any reasonable method'' for assigning
the rate to non-selected respondents.
In exercising this discretion to determine a non-examined rate, the
Department considers relevant the fact that section 735(c)(5) of the
Act: (a) Is explicitly applicable to the determination of an all others
rate in an investigation; and (b) articulates a preference that the
Department avoid zero, de minimis rates or rates based entirely on
facts available when it determines the all others rate. With respect to
the second point, the Department consistently seeks to avoid the use of
total facts available, zero and de minimis margins in determining non-
selected rates in administrative reviews, in order to implement this
statutory preference. With respect to the first point, the statute's
statement that averaging of zero/de minimis margins and margins based
entirely on facts available may be a reasonable method, and the
Statement of Administrative Action's (``SAA'') indication that such
averaging may be the expected method, should be read in the context of
an investigation. See SAA accompanying the Uruguay Round Agreements
Act, H.R. Doc. No. 103-316 at 872 (1994), reprinted in 1994
U.S.C.C.A.N. 4040, 4200. First, if there are only zero or de minimis
margins determined in the investigation (and there is no other entity
to which a facts available margin has been applied), the investigation
would terminate and no order would be issued. Thus, the provision
necessarily only applies to circumstances in which there are either
both zero/de minimis and total facts available margins, or only total
facts available margins. Second, when such rates are the only rates
determined in an investigation, there is little information on which to
rely to determine an appropriate all-others rate. In this context,
therefore, the SAA's stated expected method is reasonable: the zero/de
minimis and facts available
[[Page 49463]]
margins may be the only or best data the Department has available to
apply to non-selected companies.
We note that the Department has sought other reasonable means to
assign separate-rate margins to non-reviewed companies because we
calculated zero rates, de minimis rates, or rates based entirely on
facts available for the mandatory respondents. See Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results
and Final Partial Rescission of Antidumping Duty Administrative Review,
73 FR 52273 (September 9, 2008) (``Vietnam Shrimp AR2 Final'') and
accompanying Issues and Decision Memorandum at Comment 6; see also
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam:
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 74 FR 47191 (September 15, 2009) (``Vietnam
Shrimp AR3 Final'') at 47194. Because the Department is faced with
similar circumstances in these final results as in Vietnam Shrimp AR2
Final and Vietnam Shrimp AR3 Final, we must look to other reasonable
means to assign separate rate margins to non-reviewed companies
eligible for a separate rate in this review.
The history of the PRC shrimp order shows that positive margins,
including calculated margins for individually investigated companies,
have existed in all segments subsequent to the underlying
investigation. Thus, we find that a reasonable method is to assign to
non-reviewed companies in this review the most recent rate calculated
for the non-selected companies in question, unless we calculated in a
more recent segment a rate for any company that was not zero, de
minimis, or based entirely on facts available. Pursuant to this method,
we are assigning a rate of 9.08 percent, the most recent positive rate
(from the China Shrimp AR3 Final) calculated for cooperative separate
rate respondents, to Shantou Yuexing, which had no calculated margin
that is concurrent with or more recent than this rate. In assigning a
margin to the non-examined companies, the Department did not impute the
actions of any companies subject to an AFA rate, or the zero/de minimis
rates, to the behavior of the non-individually examined companies, but
because these were the only rates determined in the proceeding,
consistent with the statute, the Department avoids the use of these
rates and selected another reasonable method to assign rates to these
companies.
Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Certain Frozen Warmwater Shrimp From the PRC
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter margin (percent)
------------------------------------------------------------------------
Hilltop International............................. 0.00
Zhanjiang Regal Integrated Marine Resources Co., 0.00
Ltd..............................................
Shantou Yuexing Enterprises Co.................... 9.08
PRC-Wide Entity \15\.............................. 112.81
------------------------------------------------------------------------
Assessment
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. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
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\15\ The PRC-wide entity includes the 463 companies currently
under review that have not established their entitlement to a
separate rate, including Shantou Longfeng Aquatic Product Foodstuff
Co., Ltd.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in
these final results of review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
112.81 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporters that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
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
[[Page 49464]]
and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: August 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
Comment 1: Respondent Selection Methodology
Comment 2: North Korean Import Data
Comment 3: Shrimp Larvae
Comment 4: Shrimp Feed
Comment 5: Electricity
Comment 6: Diesel Fuel
Comment 7: Byproducts
Comment 8: Wage Rate Methodology
Comment 9: Use of Uniroyal's and Waterbase's Financial Statements
Comment 10: Classification of Expenses from Falcon's Financial
Statements
[FR Doc. 2010-20073 Filed 8-12-10; 8:45 am]
BILLING CODE 3510-DS-P