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AD: Thailand Certain Frozen Warmwater Shrimp

The International Trade Administration has issued its final results of the antidumping duty administrative review of certain frozen warmwater shrimp from Thailand for the period of February 1, 2006 through January 31, 2007.

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AD Cash Deposit Instructions for a Time of Entry on or after 08/29/08:

2.44%
3.77%
3.09%
2.85%
3.18%
57.64%
(a),(b),(c)

(a) For previously investigated companies not listed above, the AD duty cash deposit rate will continue to be the company-specific rate published for the most recent period;

(b) If the exporter is not a firm covered in this review, or the AD investigation, but the manufacturer is, the AD duty cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(c) The AD duty cash deposit rate for all other manufacturers or exporters will continue to be 5.95%, the "all-others" rate established in the AD investigation.

1The ITA finds that Intersia Foods is the successor-in-interest to Y2K Frozen Foods for the purposes of these final results of administrative review.

List of Separate Rate Respondents

The ITA has determined a review-specific rate for the following separate rate respondents (those that requested, but did not receive, an individual review):

Asian Seafoods Coldstorage Public Company Limited/Asian Seafoods Coldstorage (Suratthani) Co., Ltd./STC Foodpak Limited

Charoen Pokphand Foods Public Company Limited/CP Merchandising Co., Ltd./Klang Co., Ltd./Seafoods Enterprise Co., Ltd./Thai Prawn Culture Center Co., Ltd.

Crystal Frozen Foods Co., Ltd.

CY Frozen Co., Ltd.

Fortune Frozen Foods (Thailand) Co., Ltd.

Good Fortune Cold Storage Ltd.

Good Luck Product Co., Ltd.

Inter-Pacific Marine Products Co., Ltd.

I.T. Foods Industries Co., Ltd.2

Kiang Huat Sea Gull Trading Frozen Food Public Company Limited

Kingfisher Holdings Limited/KF Foods Limited

Kitchens of the Ocean (Thailand) Co., Ltd.

Kongphop Frozen Foods Co., Ltd.

Marine Gold Products Ltd.

May Ao Co., Ltd./May Ao Foods Co., Ltd.

Narong Seafood Co., Ltd.

Ongkorn Cold Storage Co., Ltd./Thai-ger Marine Co., Ltd.

S&D Marine Products Co., Ltd.

Seafresh Industry Public Company Limited/Seafresh Fisheries

Siam Intersea Co., Ltd.

SMP Food Product Co., Ltd.

Surapon Foods Public Co., Ltd./Surat Seafoods Co., Ltd.

Tey Seng Cold Storage Co., Ltd./Chaiwarut Co., Ltd.

Thai Royal Frozen Food Co., Ltd.

The Siam Union Frozen Foods Co., Ltd./Kosamut Frozen Foods Co., Ltd.

The Union Frozen Products Co., Ltd./Bright Sea Co., Ltd.

Transamut Food Co., Ltd.

Xian-Ning Seafood Co., Ltd.

Yeenin Frozen Foods Co., Ltd.

2Based on the information provided by I.T. Foods, the ITA also has determined certain other merchandise produced/exported by I.T. Foods (i.e., "shrimp-flavored balls") that entered the U.S. during the review period is not subject to the scope of the order because the shrimp content of this product is limited to shrimp flavoring. Therefore, the ITA will instruct U.S. Customs and Border Protection to liquidate I.T. Foods' entries of non-subject merchandise (i.e., "shrimp-flavored balls") without regard to AD duty liability.

List of AFA Respondents

The ITA states that the use of adverse facts available (AFA) is applicable to the following companies:

Applied DB

Chonburi LC

Haitai Seafood Co., Ltd.

High Way International Co., Ltd.

Merkur Co., Ltd.

Ming Chao Ind Thailand

Nongmon SMJ Products

SCT Co., Ltd.

Search and Serve

Shianlin Bangkok Co., Ltd. (located at 159 Surawong Road, Suriyawong, Bangrak, Bangkok 10500 Thailand)

Star Frozen Foods Co., Ltd.

Wann Fisheries Co., Ltd.

Assessment Instructions for the Review Period (02/01/06 - 01/31/07)

The ITA intends to issue assessment instructions to CBP 15 days after August 29, 2008. For the mandatory respondents, the ITA calculated importer-specific ad valorem and/or importer-specific per-unit duty assessment rates for entries of subject merchandise. For the separate rate respondents, the ITA calculated an assessment rate based on the weighted average of the cash deposit rates calculated for mandatory respondents.

The ITA adds that for entries of subject merchandise during the review period produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the U.S., the ITA will instruct CBP to liquidate unreviewed entries at the "all-others" rate established in the original investigation if there is no rate for the intermediate company(ies) involved in the transaction. This clarification will also apply to review period entries of subject merchandise produced by companies for which the ITA is rescinding the review based on certifications of no shipments. (See ITT's Online Archives or 06/02/03 news, 03060245, for BP summary of the ITA's May 2003 "automatic assessment" regulation.)

(See ITA notice for more information, including the scope of the order, the rescission of the review for three companies, etc. See ITT's Online Archives or 03/11/08 news, 08031140, for BP summary of the preliminary results of this review.)

ITA contact - Elizabeth Eastwood (202) 482-3874

ITA notice (FR Pub 08/29/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20165.pdf