[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59650-59651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23635]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-522-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on certain frozen warmwater shrimp from the Socialist
Republic of Vietnam (``Vietnam'') meets the statutory and regulatory
requirements for initiation.
DATES: Effective September 27, 2013.
[[Page 59651]]
FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-7906.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on shrimp from
Vietnam was published in the Federal Register on February 1, 2005.\1\
On August 30, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (``the Act''), and 19 CFR 351.214, the
Department received a timely request to conduct an NSR of the Order
from Goldenquality Seafood Corporation (``Goldenquality'').\2\
Goldenquality has certified that it is the producer and exporter of the
subject merchandise upon which the request was based.\3\
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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, generally, Goldenquality's NSR request dated August 30,
2013.
\3\ See id., at 2.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Goldenquality certified that it did not export
subject merchandise to the United States during the period of
investigation (``POI'').\4\ In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A),
Goldenquality certified that, since the initiation of the
investigation, it has never been affiliated with any Vietnam exporter
or producer who exported subject merchandise to the United States
during the POI, including those respondents not individually examined
during the investigation.\5\ As required by 19 CFR
351.214(b)(2)(iii)(B), Goldenquality also certified that its export
activities were not controlled by the Vietnam central government.\6\
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\4\ See id., at 2 and Exhibit 1.
\5\ See id.
\6\ See id., at 2.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Goldenquality submitted documentation
establishing the following: (1) The date on which it first shipped
subject merchandise for export to the United States; (2) the volume of
its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.\7\
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\7\ See id., at 2-3 and Exhibits 2-4.
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Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that Goldenquality's NSR request meets the
threshold requirements for initiation of an NSR for the shipment of
certain frozen warmwater shrimp from Vietnam produced and exported by
Goldenquality.\8\ The period of review (``POR'') is February 1, 2013
through July 31, 2013.\9\ The Department intends to issue the
preliminary results of this NSR no later than 180 days from the date of
initiation, and the final results no later than 270 days from the date
of initiation.\10\
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\8\ See ``Memorandum to the File, from James C. Doyle, Director,
Office 9, ``Initiation of AD New Shipper Review: Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam A-552-802,''
dated concurrently with this notice.
\9\ See 19 CFR 351.214(g)(1)(i)(B).
\10\ See section 751(a)(2)(B)(iv) of the Act.
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It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME entity-wide rate provide evidence of de jure and de facto absence
of government control over the company's export activities.
Accordingly, we will issue a questionnaire to Goldenquality, which will
include a section requesting information with regard to its export
activities for separate rate purposes. The NSR will proceed if the
response provides sufficient indication that Goldenquality is not
subject to either de jure or de facto government control with respect
to its exports of subject merchandise.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
NSR, of a bond or security in lieu of a cash deposit for each entry of
the subject merchandise from Goldenquality in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because
Goldenquality certified that it produced and exported the subject
merchandise, the sale of which is the basis for this NSR request, we
will apply the bonding privilege to Goldenquality only for subject
merchandise which Goldenquality both produced and exported.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 18, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-23635 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-DS-P