[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56211-56217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22228]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review, 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 12, 2013, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the
seventh administrative review of the antidumping duty Order \1\ on
certain
[[Page 56212]]
warmwater shrimp from the Socialist Republic of Vietnam
(``Vietnam'').\2\ Based upon our analysis of the comments and
information received, we have determined that Minh Phu Group,\3\ and
Nha Trang Seafoods,\4\ the two mandatory respondents, and Quoc Viet,\5\
the voluntary respondent, have not sold subject merchandise at less
than normal value during the period of review (``POR''), February 1,
2011, through January 31, 2012. Additionally, the Department has
determined not to revoke the Order in part, with respect to Minh Phu
Group and Nha Trang Seafoods.
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (``Order'').
\2\ See Certain Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative
Review. 2011-2012, 78 FR 15699 (March 12, 2013) (``Preliminary
Results''), and accompanying Preliminary Decision Memorandum.
\3\ Minh Phu Seafood Export Import Corporation (and affiliated
Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.); Minh
Phu Seafood Corporation, Minh Phu Seafood Corp., Minh Qui Seafood
Co., Ltd., Minh Qui Seafood, Minh Phat Seafood Co., Ltd., Minh Phat
Seafood, and Minh Phu Hau Giang Seafood Co., Ltd. (collectively, the
``Minh Phu Group'').
\4\ Nha Trang Seaproduct Company and its affiliates, NT Seafoods
Corporation, Nhatrang Seafoods-F.89 Joint Stock Company, and NTSF
Seafoods Joint Stock Company (collectively, the ``Nha Trang
Seafoods'').
\5\ Quoc Viet Seaproducts Processing Trading and Import-Export
Co., Ltd. (``Quoc Viet'').
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DATES: Effective Date: September 12, 2013.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Irene Gorelik, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-6905, respectively.
SUPPLEMENTARY INFORMATION: On March 12, 2013, the Department published
the Preliminary Results. On May 22, 2013, the Department extended the
time limit for these final results by 60 days. On April 15, 2013,
Petitioner,\6\ Minh Phu Group, and Nha Trang Seafoods, submitted
additional surrogate value (``SV'') information. On April 25, 2013,
Petitioner, Minh Phu Group and Nha Trang Seafoods submitted rebuttal SV
comments.
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\6\ The Ad Hoc Shrimp Trade Action Committee (``Petitioner'').
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We gave interested parties an opportunity to comment on the
Preliminary Results. On May 31, 2013, Petitioner, Domestic
Processors,\7\ Quoc Viet, Minh Phu Group and Nha Trang Seafoods
submitted case briefs. On June 5, 2013, Petitioner, Domestic
Processors, Quoc Viet, Minh Phu Group and Nha Trang Seafoods submitted
rebuttal briefs.
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\7\ American Shrimp Processors Association (``Domestic
Processors'').
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Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. The
written description of the scope of the order is dispositive. A full
description of the scope of the order is available in the accompanying
Issues and Decision Memorandum.\8\
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\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, From Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Issues and Decision Memorandum for the Final Results,
(``Issues and Decision Memorandum'') dated concurrently and hereby
adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the accompanying Issues and Decision
Memorandum.\9\ A list of the issues which parties raised, and to which
we respond in the Issues and Decision Memorandum is attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://www.trade.gov/ia/. The signed Issues and
Decision Memorandum and electronic versions of the Issues and Decision
Memorandum are identical in content.
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\9\ See id.
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Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
the following companies did not have any reviewable transactions during
the POR: Amanda Food (Vietnam) Ltd., Anvifish Joint Stock Company, Bien
Dong Seafood Co., Ltd., Binh An Seafood Joint Stock Company, Camranh
Seafoods, Thong Thuan Seafood Company, Vietnam Clean Seafood
Corporation, and Vinh Hoan Corporation. We have not received any
information to contradict this determination. Therefore, the Department
has made the final determination that the above-named companies did not
have any reviewable entries of subject merchandise during the POR, and
will issue appropriate instructions that are consistent with our
``automatic assessment'' clarification, for these final results.
Verification
Pursuant to 19 CFR 351.307(b)(iv), the Department conducted a
verification of Minh Phu Group's sales and factors of production
between April 16, 2013 and April 26, 2013.\10\ Based on Minh Phu
Group's minor corrections presented to the Department and other
findings, the Department requested Minh Phu Group submit revised
data.11 12
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\10\ See ``Memorandum to the File, though Catherine Bertrand,
Program Manager, Office 9, from Irene Gorelik, Analyst, Office 9;
re: Verification of the CEP Sales Response of the MPG in the 2011-
2012 Administrative Review of Certain Warmwater Shrimp from the
Socialist Republic of Vietnam,'' dated May 3, 2013; see also
``Memorandum to the File, though Catherine Bertrand, Program
Manager, Office 9, from Irene Gorelik, Analyst, Office 9; re:
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Verification of Sales and Factors of Production for Minh
Phu Seafood Corporation,'' dated May 16, 2013 (``Minh Phu Group
Verification Report'')
\11\ See Minh Phu Group's revised sales and factors of
production data, dated May 23, 2013.
\12\ The details of the changes to Minh Phu Group's margin
calculation program are provided in ``Memorandum to the File through
Catherine Bertrand, Program Manager, Office 9 from Irene Gorelik,
Analyst, Office 9, re; Administrative Review of Certain Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis
for the Final Results of Minh Phu Group,'' dated concurrently with
this notice.
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Changes Since the Preliminary Results
The Department has made changes to certain surrogate values and
company-specific margin calculations since the Preliminary Results.
Specifically, we changed the surrogate value for domestic cold storage
warehousing and the surrogate values for certain export-related
expenses incurred by Minh Phu Group and Nha Trang. The Department also
made company-specific changes to the margin calculation programs
resulting from verification in Minh Phu Group's case, and other
programming changes for Minh Phu Group, Nha Trang, and Quoc Viet based
on arguments made in case and rebuttal briefs. For detailed
information, see the Issues and Decision Memorandum and the company-
specific final results analysis memoranda.
[[Page 56213]]
Request for Revocation, In Part
In the Preliminary Results, we determined that Minh Phu Group and
Nha Trang Seafoods have not met the regulatory criteria for revocation
set forth in 19 CFR 351.222(b).\13\ We have not received any further
information following the issuance of the Preliminary Results that
would warrant revocation of the order with regard to either Minh Phu
Group or Nha Trang Seafoods.\14\ Therefore, we will not revoke the
Order with respect to Minh Phu Group and Nha Trang Seafoods because
they have not met the regulatory criteria for revocation set forth in
19 CFR 351.222(b).\15\
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\13\ See Preliminary Results, 78 FR at 15699-15700, and
accompanying Preliminary Decision Memorandum at 5; see also
``Memorandum to Christian Marsh, Deputy Assistant Secretary, Import
Administration, through Edward Yang, Senior Director, from James
Doyle, Office Director, Office 9, re; Seventh Antidumping Duty
Administrative Review of Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Addendum to the Preliminary Results Regarding
the Minh Phu Group Revocation Request,'' dated April 4, 2013.
\14\ See Issues and Decision Memorandum at Comment 12.
\15\ The Department recently modified the section of its
regulations concerning the revocation of antidumping and
countervailing duty orders in whole or in part, but that
modification does not apply to this administrative review. See
Modification to Regulation Concerning the Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012).
Reference to 19 CFR 351.222(b) thus refers to the Department's
regulations prior to the modification.
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Separate Rates
In the Preliminary Results, we determined that 30 companies \16\
(``Separate Rate Respondents'') in addition to Minh Phu Group and Nha
Trang Seafoods, and the voluntary respondent, Quoc Viet, met the
criteria for separate rate status. We have not received any information
since the issuance of the Preliminary Results that provides a basis for
reconsidering this preliminary determination. Therefore, the Department
continues to find that these 33 companies meet the criteria for a
separate rate for the final results.
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\16\ See Issues and Decision Memorandum at Appendix.
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Rate for Non-Selected Companies
For the final results, we continue to calculate zero rates for both
mandatory respondents. Therefore, there is no change to the separate
rate assigned to the Separate Rate Respondents for the final results of
this review, and we continue to determine that a ``reasonable method
for determining the weighted-average dumping margins for the non-
selected respondents in this review is to average the weighted-average
dumping margins calculated for the mandatory respondents,'' as noted in
the Preliminary Results.\17\ For a detailed discussion of the
Department's separate rate calculation, see the Issues and Decision
Memorandum at Comment 9.
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\17\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 10-11.
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Vietnam-Wide Entity
In the Preliminary Results, we determined that 41 companies failed
to demonstrate their eligibility for a separate rate. In NME
proceedings, ```rates' may consist of a single dumping margin
applicable to all exporters and producers.'' \18\ Therefore, we
assigned the Vietnam-wide entity a rate of 25.76 percent, the only rate
ever determined for the Vietnam-wide entity in this proceeding. We have
not received any information since the Preliminary Results that
provides a basis for reconsidering this determination. We, therefore,
continue to apply the Vietnam-wide entity rate of 25.76 percent to
these 41 companies.\19\
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\18\ See 19 CFR 351.107(d).
\19\ See Issues and Decision Memorandum at Appendix II for a
list of the companies included in the Vietnam-Wide Entity.
\20\ In AR6 VN Shrimp, the Department found the companies
comprising Minh Phu Group are a single entity and, because the facts
resulting in that determination have not changed, we continue to
find these companies to be part of a single entity. Therefore, we
will assign this rate to the companies in the single entity. See
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Preliminary Results of Administrative Review, 77 FR 13547,
13549 (March 7, 2012), unchanged in Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review, 77 FR
55800 (September 11, 2012) (``AR6 VN Shrimp'').
\21\ In AR5 VN Shrimp, the Department found the companies
comprising Nha Trang Seafoods are a single entity and, because there
have been no changes to this determination since the fifth
administrative review; we continue to find these companies to be
part of a single entity. Therefore, we will assign this rate to the
companies in the single entity. See Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam: Preliminary Results, Partial
Rescission, and Request for Revocation, In Part, of the Fifth
Administrative Review, 76 FR 12054, 12056 (March 4, 2012), unchanged
in Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results and Final Partial Rescission of Antidumping
Duty Administrative Review, 76 FR 56158 (September 12, 2011) (``AR5
VN Shrimp'').
\22\ The Department selected Quoc Viet Seaproducts Processing
Trading and Import-Export Co., Ltd. as a voluntary respondent in
this review. See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 3.
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Final Results of Review
The Department determines that the following final dumping margins
exist:
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Exporter Margin (percent)
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Minh Phu Group: \20\
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, aka
Minh Phu Hau Giang Seafood Co., Ltd., aka
Minh Phat Seafood Co., Ltd., aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui Seafood 0.00
Nha Trang Seafoods: \21\
Nha Trang Seaproducts Company, aka
Nha Trang Seafoods, aka
NT Seafoods Corporation, aka
NT Seafoods, aka
Nha Trang Seafoods--F.89 Joint Stock Company, aka
Nha Trang Seafoods--F.89, aka
NTSF Seafoods Joint Stock Company, aka
NTSF Seafoods 0.00
Quoc Viet Seaproducts Processing Trading and Import- 0.00
Export Co., Ltd.\22\
Bac Lieu Fisheries Joint Stock Company, aka
Bac Lieu Fisheries Company Limited, aka
Bac Lieu Fisheries Co., Ltd., aka
Bac Lieu Fisheries Limited Company, aka
[[Page 56214]]
Bac Lieu Fis 0.00
BIM Seafood Joint Stock Company 0.00
Camau Frozen Seafood Processing Import Export
Corporation, aka
Camimex, aka
Camau Seafood Factory No. 4, aka
Camau Seafood Factory No. 5, aka
Camau Frozen Seafood Processing Import Export Corp.
(CAMIMEX-FAC 25), aka
Frozen Factory No. 4 0.00
C.P. Vietnam Corporation, aka
C.P. Vietnam Livestock Corporation, aka
C.P. Vietnam Livestock Company Limited, aka
C.P. Vietnam Livestock Co., Ltd., aka
C.P. Vietnam 0.00
Cadovimex Seafood Import-Export and Processing Joint
Stock Company, aka
Cai Doi Vam Seafood Import-Export Company, aka
Caidoivam Seafood Company, aka
Cadovimex-Vietnam, aka
Cadovimex 0.00
Cafatex Fishery Joint Stock Corporation, aka
Cafatex Corporation, aka
Cafatex Corp., aka
Cafatex, aka
Cantho Animal Fisheries Product Processing Export
Enterprise (Cafatex), aka
Cafatex, aka
Taydo Seafood Enterprise, aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho 0.00
Can Tho Import Export Fishery Limited Company, aka
CAFISH 0.00
Coastal Fisheries Development Corporation, aka........
COFIDEC, aka
Coastal Fisheries Development Corp., aka
Coastal Fisheries Development Co. aka
Coastal Fisheries Development 0.00
Cuu Long Seaproducts Company, aka
Cuu Long Seaproducts Limited, aka
Cuulong Seapro aka
Cuu Long Seapro 0.00
Danang Seaproducts Import Export Corporation, aka
Danang Sea Products Import Export Corporation, aka
Danang Seaproduct Import-Export Corporation, aka
Danang Seaproducts Import Export, aka
Tho Quang Seafood Processing & Export Company, aka
Tho Quang Seafood Processing and Export Company, aka
Tho Quang, aka
Tho Quang Co., aka
Seaprodex Danang 0.00
Viet I-Mei Frozen Foods Co., Ltd., aka
Grobest & I-Mei Industrial (Vietnam) Co., Ltd., aka
Grobest & I-Mei Industry (Vietnam) Co., Ltd., aka
Grobest 0.00
Gallant Ocean (Vietnam) Co., Ltd., aka
Gallant Ocean (Quang Ngai) Co., Ltd. 0.00
Investment Commerce Fisheries Corporation, aka
Investment Commerce Fisheries Corp., aka
Investment Commerce Fisheries, aka
Incomfish, aka
Incomfish Corp., aka
Incomfish Corporation 0.00
Kim Anh Company Limited, aka
Kim Anh Co, Ltd. 0.00
Minh Hai Export Frozen Seafood Processing Joint-Stock
Company, aka
Minh Hai Jostoco, aka
Minh Hai Export Frozen Seafood Processing Joint Stock
Company, aka
Minh Hai Export Frozen Seafood Processing Joint-Stock
Co., aka
Minh-Hai Export Frozen Seafood Processing Joint-Stock 0.00
Company
Minh Hai Joint-Stock Seafoods Processing Company, aka
Seaprodex Minh Hai, aka
Sea Minh Hai, aka
Seaprodex Min Hai, aka
Seaprodex Minh Hai-Factory No. 78, aka
Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods
Processing Co.), aka
Seaprodex Minh Hai (Workshop 1), aka
Seaprodex Minh Hai Factory No. 69 0.00
[[Page 56215]]
Minh Hai Sea Products Import Export Company, aka
Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam aka
Seaprimexco aka
Minh Hai Seaproducts Co Ltd. 0.00
Ngoc Sinh Private Enterprise, aka
Ngoc Sinh Private Enterprises, aka
Ngoc Sinh Seafoods, aka
Ngoc Sinh Seafoods Processing and Trading Enterprises,
aka
Ngoc Sinh Seafood Processing Company, aka
Ngoc Sinh Seafoods (Private Enterprise), aka
Ngoc Sinh Fisheries, aka
Ngoc Sinh 0.00
Ngoc Tri Seafood Joint Stock Company 0.00
Nhat Duc Co., Ltd., aka
Nhat Duc 0.00
Nha Trang Fisheries Joint Stock Company, aka
Nha Trang Fisco aka
Nhatrang Fisheries Joint Stock Company, aka
Nhatrang Fisco, aka
Nha Trang Fisheries, Joint Stock 0.00
Phu Cuong Jostoco Seafood Corporation, aka
Phu Cuong Seafood Processing and Import-Export Co.,
Ltd., aka
Phu Cuong Seafood Processing and Import Export Company
Limited, aka
Phu Cuong Jostoco Seafood Corp. 0.00
Phuong Nam Foodstuff Corp. aka
Phuong Nam, aka
Phuong Nam Co., Ltd., aka
Western Seafood Processing and Exporting Factory, aka
Western Seafood 0.00
Sao Ta Foods Joint Stock Company, aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory 0.00
Seavina Joint Stock Company, aka
Seavina 0.00
Soc Trang Seafood Joint Stock Company, aka
Stapimex, aka
Soc Trang Aquatic Products and General Import Export
Company, aka
Stapimex Soc Trans Aquatic Products and General Import
Export Company, aka
Stapmex 0.00
Thuan Phuoc Seafoods and Trading Corporation, aka
Thuan Phuoc Corp., aka
Frozen Seafoods Factory No. 32, aka
Seafoods and Foodstuff Factory, aka
Seafoods and Foodstuff Factory Vietnam, aka
My Son Seafoods Factory 0.00
UTXI Aquatic Products Processing Corporation, aka
UT XI Aquatic Products Processing Corporation, aka
UTXI Aquatic Products Processing Company, aka
UT XI Aquatic Products Processing Company, aka
UTXI Co. Ltd., aka
UTXI, aka
Hoang Phuong Seafood Factory, aka
Hoang Phong Seafood Factory, aka
UTXICO 0.00
Viet Foods Co., Ltd., aka
Nam Hai Foodstuff and Export Company Ltd. 0.00
Viet Hai Seafood Co., Ltd., aka
Vietnam Fish One Co., Ltd., aka
Fish One 0.00
Vietnam-wide Entity \23\ 25.76
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Disclosure and Public Comment
We will disclose the calculations performed within five days of the
date
[[Page 56216]]
of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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\23\ Agrex Saigon, Bentre Aquaproduct Import & Export Joint
Stock Company, Can Tho Agricultural and Animal Products Import
Export Company, aka Can Tho Agricultural Products, akaCan Tho
Agricultural Products Imex Company, aka, CATACO, Can Tho Import
Export Seafood Joint Stock Company, aka CASEAMEX, Cau Tre Enterprise
(C.T.E.), CL Fish Co., Ltd. (Cuu Long Fish Company), Cautre Export
Goods Processing Joint Stock Company, D & N Foods Processing (Danang
Company Ltd.), Duy Dai Corporation, Gn Foods, Hai Thanh Food Company
Ltd., Hai Viet Corporation (``HAVICO''), Hai Vuong Co., Ltd., Hoang
Hai Company Ltd., Hua Heong Food Industries Vietnam Co. Ltd., Hoa
Phat Aquatic Products Processing And Trading Service Co., Ltd.,
Interfood Shareholding Co., Kien Long Seafoods Co. Ltd., Luan Vo
Fishery Co., Ltd., Lucky Shing Co., Ltd., Minh Chau Imp. Exp.
Seafood Processing Co., Ltd., Mp Consol Co., Ltd., Ngoc Chau Co.,
Ltd. and/or Ngoc Chau Seafood Processing Company, Nhat Du Co., Ltd.,
Quang Ninh Export Aquatic Products Factory aka Quang Ninh
Seaproducts Factory, S.R.V. Freight Services Co., Ltd. Sea Product,
Sustainable Seafood, Tan Thanh Loi Frozen Food Co., Ltd., Thanh Doan
Seaproducts Import & Export Processing Joint-Stock Company
(THADIMEXCO), Thanh Hung Frozen Seafood Processing Import Export
Co., Ltd., Thanh Tri Seafood Processing Co. Ltd., Tho Quang Seafood
Processing and Export Company, Tien Tien Garment Joint Stock
Company, Tithi Co., Ltd., Trang Corporation, Vietnam Northern Viking
Technologies Co., Ltd., Vinatex DanangViet Cuong Seafood Processing
Import Export Joint-Stock Company, Viet Cuong Seafood Processing
Import Export, Vinh Loi Import Export Company (``Vimexco''), aka
Vinh Loi Import Export Company ``VIMEX''), aka VIMEXCO, aka VIMEX,
aka Vinh Loi Import/Export Co., aka Vinhloi Import Export Company,
aka Vinh Loi Import-Export Company, Vinh Loi Import Export Company
(``Vimexco'') and/or Vinh Loi Import Export Company (``VIMEX'').
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.212(b), the Department 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 final results of this review. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review. In
these final results, the Department applied the assessment rate
calculation method adopted in Final Modification for Reviews, i.e., on
the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons.\24\
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\24\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (``Final Modification for Reviews'').
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Where we do not have entered values for all U.S. sales to a
particular importer/customer, we calculate a per-unit assessment rate
by aggregating the antidumping duties due for all U.S. sales to that
importer (or customer) and dividing this amount by the total quantity
sold to that importer (or customer).\25\ To determine whether the duty
assessment rates are de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-)
specific ad valorem ratios based on the estimated entered value. Where
either a respondent's weighted average dumping margin is zero or de
minimis, or an importer- (or customer-) specific ad valorem rate is
zero or above de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\26\
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\25\ See 19 CFR 351.212(b)(1).
\26\ See 19 CFR 351.106(c)(2); and Final Modification for
Reviews.
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Additionally, pursuant to a refinement to its assessment practice
in NME cases, if the Department continues to determine that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the NME-wide rate.\27\
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\27\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the companies
listed above, which have a separate rate, the cash deposit rate will be
that established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for previously investigated or reviewed Vietnam and non-Vietnam
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Vietnam exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the Vietnam-wide
entity; and (4) for all non-Vietnam exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Vietnam exporter that supplied that non-
Vietnam exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 terms of an APO
is a violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: September 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
General Issues
Comment 1: Surrogate Country
A. Economic Comparability
B. Data Considerations
Comment 2: Financial Statements to Use When Selecting Indonesia as
Surrogate Country
Comment 3: Market Economy Purchases
Comment 4: Whether the Surrogate Value For Export-Related Non-Market
Economy Expenses Incurred is Double-Counted
Comment 5: Movement Expenses
Comment 6: Cold Storage Surrogate Value
Comment 7: Sauce Surrogate Value
Comment 8: Targeted Dumping
Comment 9: Calculation of the Separate Rate and Whether to Revise
the Separate Rate Liquidation Instructions
Comment 10: Whether to Revise U.S. Customs and Border Patrol
Liquidation and Cash Deposit Instructions
Comment 11: Whether to Include an Additional Company in Phu Cuong
Jostoco' Separate Rate
Comment 12: Whether to Revoke From the Order Minh Phu Group and Nha
Trang Seafoods
Company-Specific Issues
Minh Phu Group:
Comment 13: Whether Minh Phu Group's Reported Sample Sales Are
Properly Excluded
Comment 14: Whether Certain Factors of Production Reported by Minh
Phu Group are Properly Classified as Direct Materials
Comment 15: Whether the Department Applied an Incorrect Unit of
Measure for Sauce
Comment 16: Whether the Department Incorrectly Applied Minh Phu
Group's
[[Page 56217]]
Reported Entered Value
Comment 17: Whether Minh Phu Group's Minor Corrections from
Verification Are Properly Applied
Comment 18: Whether MPG's Indirect Selling Expenses Are Properly
Calculated
Nha Trang Seafoods:
Comment 19: Whether to Adjust Electricity and Water Consumption
Comment 20: Whether Nha Trang Seafoods Included Transfer Costs
between Factories
Quoc Viet:
Comment 21: Treatment of Sauce
Comment 22: Marine Insurance
[FR Doc. 2013-22228 Filed 9-11-13; 8:45 am]
BILLING CODE 3510-DS-P