[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Page 6603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2615]



[[Page 6603]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]


Certain Frozen Warmwater Shrimp from Thailand; Notice of Amended 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: February 7, 2011.

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:

Amended Final Results

    On September 12, 2007, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain frozen warmwater shrimp (shrimp) from 
Thailand. See Certain Frozen Warmwater Shrimp from Thailand: Final 
Results and Final Partial Rescission of Antidumping Duty Administrative 
Review, 72 FR 52065 (Sept. 12, 2007). The period of review (POR) is 
August 4, 2004, through January 31, 2006.
    As part of this decision, the Department assigned an adverse facts 
available (AFA) rate to Gallant Ocean (Thailand) Co., Ltd. (Gallant 
Ocean), an exporter of Thai shrimp to the United States. The 
application of AFA was necessitated by the fact that Gallant Ocean 
failed to cooperate with the Department by ignoring multiple requests 
for information.
    Following the publication of the final results, Gallant Ocean filed 
a lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's final results of administrative review. 
See Gallant Ocean (Thailand) Co., Ltd. v. United States, Court No. 07-
00360. In January 2009, the CIT found that the Department's decision 
was supported by substantial evidence and in accordance with law, and 
thus it sustained this decision in all respects. See Gallant Ocean 
(Thailand) Co., Ltd v. United States, 602 F. Supp. 2d 1337 (CIT 2009).
    Gallant Ocean then appealed the CIT's decision before the Court of 
Appeals for the Federal Circuit (CAFC). On April 16, 2010, the CAFC 
agreed with Gallant Ocean and vacated the CIT's ruling. The CAFC 
ordered the CIT to remand it back to the Department ``for further 
proceedings consistent with this opinion.'' See Gallant Ocean, 602 F.3d 
at 1325, corrected June 30, 2010. On October 20, 2010, the Department 
issued its final results of redetermination pursuant to the CAFC's 
ruling. See Gallant Ocean (Thailand) Co., Ltd v. United States, Final 
Results of Redetermination Pursuant to Court Remand (Oct. 20, 2010).
    The United States and Gallant Ocean have now entered into an 
agreement to settle this dispute. Pursuant to the terms of the 
agreement between the United States and Gallant Ocean, we will 
liquidate Gallant Ocean's entries during the POR at the 12.55 percent 
rate agreed to by the parties.
    We are issuing this determination and publishing these amended 
final results and notice in accordance with 19 U.S.C. 1516a(e).

     Dated: January 31, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-2615 Filed 2-4-11; 8:45 am]
BILLING CODE 3510-DS-P