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Certain Frozen Warmwater Shrimp From Thailand: Amended Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2023-2024
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Certain Frozen Warmwater Shrimp From Thailand: Amended Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2023-2024
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Published Document: 2026-11371 (91 FR 34603)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
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.
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. . . {.}”
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]
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
( printed 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.
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.
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
https://access.trade.gov.
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.
Disclosure
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.
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]
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.
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
( printed 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.
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
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.
Footnotes
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).
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).
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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