Notice2026-11371
Certain Frozen Warmwater Shrimp From Thailand: Amended Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2023-2024
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 8, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from Thailand. The period of review (POR) is February 1, 2023, through January 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
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[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Notices]
[Pages 34603-34605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11371]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Amended Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty (AD)
order on certain frozen warmwater shrimp (shrimp) from Thailand. The
period of review (POR) is February 1, 2023, through January 31, 2024.
DATES: Applicable June 8, 2026.
FOR FURTHER INFORMATION CONTACT: Gregory Taushani, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1012.
SUPPLEMENTARY INFORMATION:
Background
On February 20, 2026, Commerce published the Final Results of the
2023-2024 administrative review of the AD order on shrimp from Thailand
in the Federal Register.\1\ On March 2, 2026, Commerce received a
timely filed allegations of ministerial errors from Thai Union Group
Public Co., Ltd. (Thai Union) with regard to its final dumping margin
calculation.\2\ On March 3, 2026, we received timely filed rebuttal
comments from the American Shrimp Producers Association (ASPA), a
domestic interested party. Commerce is amending the Final Results to
correct these ministerial errors. Additionally, Commerce is correcting
the Final Results to include our final determination of no shipments,
which Commerce inadvertently omitted from its Final Results.
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\1\ See Certain Frozen Warmwater Shrimp from Thailand: Final
Results of Antidumping Duty Administrative Review; 2023-2024, 91 FR
8182 (February 20, 2026) (Final Results), and accompanying Issues
and Decision Memorandum (IDM).
\2\ See Thai Union's Letter, ``Ministerial Error Comments for
the Final Results,'' dated March 2, 2026 (Thai Union Ministerial
Error Comments).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ministerial error as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review. . . {.{time} ''
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\3\ See 19 CFR 351.224(f).
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Ministerial Errors
Thai Union alleges that Commerce made ministerial errors in two
ways: (1) omitting language that would instruct the margin program to
calculate importer-specific assessment rates; and (2) failing to assign
the proper surrogate costs to control numbers (CONNUMs) that were sold
but not produced during the POR.\4\ In the ministerial error rebuttal
comments, ASPA argued that Commerce followed its practice to assign its
own surrogate costs for CONNUMs.\5\
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\4\ See Thai Union Ministerial Error Comments at 2.
\5\ See ASPA's Letter, ``American Shrimp Processors
Association's Response to Thai Union Ministerial Error Allegation,''
dated March 3, 2026 (ASPA's Ministerial Error Rebuttal Comments).
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We agree with Thai Union that we made ministerial errors regarding
the calculation of importer-specific assessment rates and the selected
surrogate costs. Pursuant to section
[[Page 34604]]
751(h) of the Act and 19 CFR 351.224(f), we have amended our
calculations to correct for the ministerial errors.\6\ Based on the
corrections, Thai Union's final weighted-average dumping margin is 1.24
percent. As a result, we are also amending the rate for the companies
not selected for individual examination in this review, from 2.01 to
1.24 percent, based on the weighted- average dumping margin calculated
for Thai Union, the only calculated rate in this review that is not
zero, de minimis or determined entirely under section 776 of the Act.
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\6\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently.
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Additionally, as discussed in the Final Results,\7\ we based the
rate for respondent Charoen Pokphand Foods Co., Ltd. (Pokphand Foods)
on adverse facts available (AFA). As AFA, we applied the simple average
of all positive individual margin transactions calculated for Thai
Union. Due to the revisions made to the programming language with
respect to these ministerial error allegations, the simple average of
Thai Union's positive transaction margins has changed. Accordingly, the
AFA rate for Pokphand Foods is revised from 17.38 to 26.66 percent.
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\7\ See Final Results IDM at 24.
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the Ministerial Error Memorandum.\8\
The Ministerial Error Memorandum is on file electronically via ACCESS.
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\8\ See Memorandum, ``Antidumping Duty Administrative Review of
Frozen Warmwater Shrimp from Thailand: Analysis of Ministerial Error
Allegation; 2023-2024,'' dated concurrently with, and hereby adopted
by, this notice (Ministerial Error Memorandum).
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Amended Final Results of Review
As a result of correcting the ministerial errors, Commerce
determines that the estimated weighted-average dumping margin of 1.24
percent exists for Thai Union for the period of February 1, 2023,
through January 31, 2024. Further, Commerce finds that for all
companies not selected for individual examination in this review, the
weighted-average dumping margin of 1.24 percent applies. Finally, for
Pokphand Foods, Commerce finds that, as AFA, the dumping margin is
26.66 percent.
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Weighted-average
Exporter/producer dumping margin
(percent)
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Charoen Pokphand Foods Public Co., Ltd.............. 26.66
Thai Union Group Public Co., Ltd.; Thai Union 1.24
Seafood Co., Ltd.; Thai Union Frozen Products
Public Co. Ltd.; Pakfood Public Company Limited;
Asia Pacific (Thailand) Co. Ltd.; Chaophraya Cold
Storage Co., Ltd.; Okeanos Co., Ltd.; Okeanos Food
Co., Ltd.; Takzin Samut Co., Ltd...................
Thai Royal Frozen Foods Co., Ltd.................... 0.00
Review-Specific Rate for Non-Examined Companies \9\. 1.24
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Disclosure
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\9\ See the appendix for a list of the non-selected companies
receiving a review-specific rate.
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Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the final results
or, if there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Final Determination of No Shipments
As noted in the Preliminary Results,\10\ we received no shipment
claims from two companies involved in this administrative review:
Phatthana Frozen Food Co., Ltd. (Phatthana Frozen Food) and Thai Union
Manufacturing Company Limited (Thai Union Manufacturing).\11\ In the
Preliminary Results, we preliminarily determined that there is no
evidence on the record of this review that contradicts Phatthana Frozen
Food and Thai Union Manufacturing's claims of no shipments. We received
no comments from interested parties with respect to these claims.
Therefore, we continue to find that Phatthana Frozen Food and Thai
Union Manufacturing did not ship subject merchandise to the United
States during the POR.
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\10\ See Certain Frozen Warmwater Shrimp from Thailand:
Preliminary Results of Antidumping Duty Administrative Review,
Rescission of Review, in Part, and Preliminary Determination of No
Shipments; 2024-2024, 90 FR 24572 (Preliminary Results).
\11\ See Thai Union Manufacturing Co., Ltd.'s Letter, ``No
Shipment Certification,'' dated May 9, 2024; and Andaman Seafood
Co., Ltd.'s Letter, ``No Shipment Certification,'' dated May 9, 2024
(filed on behalf of Phatthana Frozen Food).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review. The amended final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by the amended final results of this review and for
future deposits of estimated duties, where applicable.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by Thai
Union for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate established in the Section 129 Determination of
5.34 percent ad valorem,\13\ if there is no rate for the intermediate
company(ies) involved in the transaction.
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\13\ See Implementation of the Findings of the WTO Panel in
United States Antidumping Measure on Shrimp from Thailand: Notice of
Determination Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Order on Frozen
Warmwater Shrimp from Thailand, 74 FR 5638 (January 30, 2009)
(Section 129 Determination).
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For all non-selected companies listed in the appendix to this
notice, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
[[Page 34605]]
rates calculated for Thai Union as listed above.
Consistent with Commerce's assessment practice, for Phatthana
Frozen Food and Thai Union Manufacturing, we will instruct CBP to
liquidate any suspended entries that entered under their AD case number
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these amended final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following amended cash deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after February 20, 2026, the
publication date of the Final Results, as provided by section
751(a)(2)(C) of the Act: (1) the amended cash deposit rate for the
companies listed above will be equal to the weighted-average dumping
margin established in these amended final results of review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation but the producer has been covered in a prior
completed segment of this proceeding, then the cash deposit rate will
be the rate established in the completed segment for the most recent
period for the producer of the subject merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
5.34 percent, the all-others rate established in the Section 129
Determination.\14\ The cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Section 129 Determination.
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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 Commerce's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: June 2, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Companies Not Selected for Individual Examination Receiving a Review-
Specific Rate
1. B.S.A. Food Products Co., Ltd.
2. C.K. Frozen Fish and Food Co., Ltd.
3. Good Luck Product Co., Ltd.
4. I.T. Foods Industries Co., Ltd.
5. Kingfisher Holdings Ltd.; KF Foods Limited; KF Foods
6. Kitchens of the Ocean (Thailand) Company, Ltd.; Kitchens of the
Ocean (Thailand) Ltd.
7. Kongphop Frozen Foods Co., Ltd.
8. Lee Heng Seafood Co., Ltd.
9. Seafresh Industry Public Co., Ltd.; Seafresh Fisheries
10. Tey Seng Cold Storage Co., Ltd.; Chaiwarut Co., Ltd.; Chaiwarut
Company Limited
11. Xian-Ning Seafood Co., Ltd.
[FR Doc. 2026-11371 Filed 6-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 8, 2026.
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