Notice2026-20488
Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2024-2025
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
October 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this administrative review made sales of certain frozen warmwater shrimp (shrimp) from Thailand at less than normal value during the period of review (POR), February 1, 2024, through January 31, 2025.
Full Text
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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Notices]
[Pages 63527-63529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20488]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this administrative review made
sales of certain frozen warmwater shrimp (shrimp) from Thailand at less
than normal value during the period of review (POR), February 1, 2024,
through January 31, 2025.
DATES: Applicable October 6, 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 May 14, 2026, Commerce published the Preliminary Results in the
Federal Register, and invited interested parties to comment.\1\
Commerce made no changes from the Preliminary Results, which are herein
adopted as the final results of review. On September 8, 2026, Commerce
extended the deadline for these final results to October 1, 2026.\2\
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\1\ 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; 2024-2025, 91 FR 27255 (May 14, 2026) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2024-25 Antidumping Duty Administrative Review,'' dated
September 8, 2026.
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For a complete description of the events that occurred since
Commerce published the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Frozen Warmwater Shrimp from Thailand; 2024-2025,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Thailand, 70 FR5145 (February 1, 2005) (Order).
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The merchandise covered by the Order is frozen warmwater shrimp
from Thailand. For a complete description of the scope of the Order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this review are addressed in the Issues and
Decision Memorandum and are listed in Appendix I to this notice.
Additionally, a full discussion of the issues raised by parties for
these final results are discussed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS),
which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
no changes to the weighted-average dumping margin calculations for Thai
Union Group Public Co., Ltd. (Thai Union),\5\ Thai Royal Frozen Food
Co., Ltd. (Thai Royal), and the non-selected companies.\6\
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\5\ In the 2012-2013 administrative review, Commerce found that
the following companies comprised a single entity: Thai Union Frozen
Products Public Co. Ltd.; Thai Union Seafood 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. See Certain Frozen Warmwater Shrimp from
Thailand: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Partial Rescission of
Review; 2012-2013, 79 FR 51306 (August 28, 2014) (Shrimp from
Thailand 2012-2013). Further, on January 5, 2016, Commerce found
that Thai Union Group Public Co., Ltd. is the successor-in-interest
to Thai Union Frozen Products Public Co., Ltd. See Notice of Final
Results of Antidumping Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from Thailand, 81 FR 222 (January 5, 2016).
Therefore, absent information to the contrary, we are treating these
companies as a single entity for the purposes of this administrative
review.
\6\ See Issues and Decision Memorandum.
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Determination of No Shipments
In the Preliminary Results, we determined that the Rubicon
Group,\7\ Marine Gold Products Ltd. (Marine Gold); and Thai Union
Manufacturing Company Limited (Thai Union Manufacturing) had no
shipments during the POR.\8\ Following publication of the Preliminary
Results, we received no comments from interested parties with respect
to our determination. Therefore, for the final results, we continue to
find that the Rubicon Group, Marine Gold, and Thai Union Manufacturing
had no shipments of subject merchandise to the United States during the
POR and we will issue appropriate instructions to U.S. Customs and
Border Protection (CBP) based on the final results.
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\7\ The Rubicon Group is a single entity comprised of the
following companies: Andaman Seafood; Chanthaburi Seafoods Co.,
Ltd.; Chanthaburi Frozen Food Co., Ltd.; Phatthana Seafood Co.,
Ltd.; Thai International Seafood Co., Ltd.; Thailand Fishery Cold
Storage Public Co., Ltd.; Wales & Company Universe Ltd.; S.C.C.
Frozen Seafood Co., Ltd.; Intersia Foods Co., Ltd.; Phatthana Frozen
Food Co., Ltd., and Sea Wealth Frozen Food Co, Ltd.
\8\ See Preliminary Results, 91 FR at 27256.
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Rate for Non-Selected Companies
The Act does not address the establishment of a rate to apply to
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. However, Commerce's regulation at 19 CFR
351.109(g) states that Commerce will determine the rate for non-
selected companies by following the process set forth in 19 CFR
351.109(f)(1)-(2), which generally parallels the process for
determining the all-others rate in an investigation under section
735(c)(5) of the Act. Section 735(c)(5)(A) of the Act and 19 CFR
351.109(f) state that for companies not investigated, in general, we
will determine an all-others rate by weight averaging the antidumping
duty rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
entirely on facts available. Where the estimated weighted-average
dumping margin for each of the individually examined companies is zero,
de minimis, or based entirely on facts available, section 735(c)(5)(B)
of the Act provides that Commerce may use ``any reasonable method to
establish the estimated all-
[[Page 63528]]
others rate for exporters and producers not individually investigated,
including averaging the estimated weighted-average dumping margins
determined for the exporters and producers individually investigated.''
In this review, we calculated estimated weighted-average dumping
margins of zero percent for Thai Royal and 1.76 percent for Thai Union.
Section 735(c)(5)(A) of the Act states that ``{t{time} he estimated
all-others rate shall be an amount equal to the weighted average of the
estimated weighted average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section
776.'' Consistent with section 735(c)(5)(A) of the Act, we assigned the
companies not selected for individual examination in this review a
weighted-average dumping margin based on the rate of 1.76 percent
calculated for Thai Union. The companies not selected for individual
examination are listed in Appendix II.
Final Results of Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period February 1, 2024, through January 31,
2025:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Thai Union Group Public Co., Ltd.; Thai Union Seafood Co., 1.76
Ltd.; Pakfood Public Company Limited; Asia Pacific
(Thailand) Co. Ltd.; Chaophraya Cold Storage Co., Ltd.;
Takzin Samut Co., Ltd......................................
Thai Royal Frozen Foods Co., Ltd............................ 0.00
Review-Specific Rate for Non-Examined Companies \9\......... 1.76
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Disclosure
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\9\ See Appendix II for a list of the non-selected companies.
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Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the final results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because we
have made no changes from the Preliminary Results, there are no
calculations to disclose.\10\
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\10\ See Preliminary Results, 91 FR at 27257.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
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.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced or exported by Thai Royal
and Thai Union for which it did not know that its merchandise they sold
to the intermediary (e.g., a reseller, trading company or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate the unreviewed entries at the all-others rate of 5.34
percent ad valorem made effective by the Section 129 Determination,\12\
if there is no rate for the intermediate company(ies) involved in the
transaction.
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\12\ 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 the companies listed in Appendix II which were not selected for
individual review, we will assign an assessment rate based on the
review-specific rate, calculated as noted in the ``Rate for the Non-
Selected Companies'' section above.
Commerce intends to issue assessment instructions to CBP regarding
Thai Royal, Thai Union, the no shipment companies (the Rubicon Group,
Marine Gold, and Thai Union Manufacturing), and the companies listed in
Appendix II no earlier than 35 days after the date of publication of
the 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 cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the producer
is, then the cash deposit rate will be the rate established for the
most recently-completed segment of this proceeding 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.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in
[[Page 63529]]
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: October 1, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether to Grant Thai Union a Level of Trade
Adjustment and/or a Constructed Export Price Offset
Comment 2: Whether the Price Difference Test's Two-Percent
Threshold is Appropriate
V. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. B.S.A. Food Products Co., Ltd.
2. C.K. Frozen Fish and Food Co., Ltd.
3. Charoen Pokphand Petrochemical Co., Ltd.
4. CP Merchandising Company Limited; Charoen Pokphand Foods Public
Co., Ltd.; Klang Co., Ltd; Seafoods Enterprise Co., Ltd.; Thai Prawn
Culture Center Co., Ltd.
5. Good Luck Product Co., Ltd.
6. I.T. Foods Industries Co., Ltd
7. KF Foods; KF Foods Limited; Kingfisher Holdings Limited
8. Kitchens of the Ocean (Thailand) Company, Ltd.; Kitchens of the
Ocean (Thailand) Ltd.
9. Kongphop Frozen Foods Co., Ltd.
10. Lee Heng Seafood Co., Ltd.
11. S & D Marine Products Co., Ltd.
12. Seafresh Industry Public Co., Ltd.; Seafresh Fisheries
13. Tey Seng Cold Storage Co., Ltd.; Chaiwarut Company Limited
14. Top Product Food Co., Ltd.
15. Yeenin Frozen Foods Co., Ltd.
[FR Doc. 2026-20488 Filed 10-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 6, 2026.
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