[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 15941-15944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06397]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain frozen
warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'')
for the period of review February 1, 2012, through January 31, 2013.
The Department preliminarily determines that sales by the Minh Phu
Group,\1\ and Stapimex,\2\ the two mandatory respondents, were made
below normal value (``NV''). Interested parties are invited to comment
on these preliminary results.
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\1\ Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd.,
Minh Phat Seafood Co., Ltd., and Minh Phu Hau Giang Seafood Co.,
Ltd. (collectively, the ``Minh Phu Group'').
\2\ Soc Trang Seafood Joint Stock Company (``Stapimex'').
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DATES: Effective Date: March 24, 2014.
FOR FURTHER INFORMATION CONTACT: Bob Palmer and Irene Gorelik, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 and (202)
482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the Order \3\ is certain frozen
warmwater shrimp. The product is currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS) 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.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description, available in the Preliminary
Decision Memorandum, remains dispositive.\4\
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\3\ See Certain Frozen Warmwater Shrimp From Brazil, India, the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam: Amended Antidumping Duty Orders in Accordance with Final
Court Decision, 76 FR 23277 (April 26, 2011) (``Order'').
\4\ For a complete description of the Scope of the Order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, titled ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam; 2012-2013,'' dated concurrently with
and adopted by this notice (``Preliminary Decision Memorandum'').
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Constructed export prices and export prices were calculated in
accordance with section 772 of the Act. Because Vietnam is a nonmarket
economy within the meaning of section 771(18) of the Act, NV was
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via the Enforcement and Compliance'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 Preliminary Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Weighted-average
Exporter margin %
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Minh Phu Group: \5\.................................. 4.98
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
Soc Trang Seafood Joint Stock Company, aka........... 9.75
Stapimex, aka
Soc Trang Aquatic Products and General Import
Export Company, aka
Stapimex Soc Trans Aquatic Products and General
Import Export Company, aka
Stapmex
BIM Seafood Joint Stock Company...................... 6.37
Camau Frozen Seafood Processing Import Export 6.37
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
[[Page 15942]]
C.P. Vietnam Corporation, aka........................ 6.37
C.P. Vietnam Livestock Corporation, aka
C.P. Vietnam Livestock Company Limited, aka
C.P. Vietnam
Cadovimex Seafood Import-Export and Processing Joint 6.37
Stock Company, aka..................................
Cai Doi Vam Seafood Import-Export Company, aka
Caidoivam Seafood Company, aka
Cadovimex-Vietnam, aka
Cadovimex
Cafatex Fishery Joint Stock Corporation, aka Cafatex 6.37
Corporation, aka....................................
Cafatex Corp., aka
Cafatex, aka
Taydo Seafood Enterprise, aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho
Camau Seafood Processing and Service Joint Stock 6.37
Company.............................................
Can Tho Import Export Fishery Limited Company, aka... 6.37
CAFISH
Coastal Fisheries Development Corporation, aka....... 6.37
COFIDEC, aka
Coastal Fisheries Development Corp., aka
Coastal Fisheries Development Co., aka
Coastal Fisheries Development
Cuu Long Seaproducts Company, aka.................... 6.37
Cuu Long Seaproducts Limited, aka
Cuulong Seapro aka
Cuu Long Seapro
Danang Seaproducts Import Export Corporation, aka.... 6.37
Danang Sea Products Import Export Corporation,
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
Gallant Ocean (Vietnam) Co., Ltd..................... 6.37
Hai Viet Corporation................................. 6.37
Investment Commerce Fisheries Corporation, aka....... 6.37
Investment Commerce Fisheries Corp., aka
Investment Commerce Fisheries, aka
Incomfish, aka
Incomfish Corp., aka
Incomfish Corporation
Kim Anh Company Limited, aka......................... 6.37
Kim Anh Co., Ltd
Minh Hai Export Frozen Seafood Processing Joint-Stock 6.37
Company, aka........................................
Minh Hai Jostoco, aka
Minh Hai Joint-Stock Seafoods Processing Company, aka 6.37
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
Minh Hai Sea Products Import Export Company, aka..... 6.37
Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam aka
Seaprimexco aka
Minh Hai Seaproducts Co., Ltd
Nha Trang Fisheries Joint Stock Company, aka......... 6.37
Nha Trang Fisco aka
Nhatrang Fisheries Joint Stock Company, aka
Nhatrang Fisco, aka
Nha Trang Fisheries, Joint Stock
Nha Trang Seafoods: \6\.............................. 6.37
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
[[Page 15943]]
NTSF Seafoods
Phu Cuong Jostoco Seafood Corporation, aka........... 6.37
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
Phuong Nam Foodstuff Corp., aka...................... 6.37
Phuong Nam Co., Ltd
Quoc Viet Seaproducts Processing Trading and Import- 6.37
Export Co., Ltd.....................................
Sao Ta Foods Joint Stock Company, aka................ 6.37
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory
Thong Thuan Company Limited, aka..................... 6.37
Cong Ty Tnhh Thong Thuan
Thuan Phuoc Seafoods and Trading Corporation, aka.... 6.37
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
UTXI Aquatic Products Processing Corporation, aka.... 6.37
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
UTXICO, aka
Hoang Phuong Seafood Factory, aka
Hoang Phong Seafood Factory
Viet Foods Co., Ltd., aka............................ 6.37
Nam Hai Foodstuff and Export Company Ltd
Vietnam Clean Seafood Corporation, aka............... 6.37
Vina Cleanfood
Viet Hai Seafood Co., Ltd., aka...................... 6.37
Vietnam Fish One Co., Ltd., aka
Fish One
Viet I-Mei Frozen Foods Co., Ltd..................... 6.37
Vietnam-wide Entity.................................. 25.76
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Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice. Interested parties may submit written comments in the
form of case briefs within 30 days of publication of the preliminary
results and rebuttal comments in the form of rebuttal briefs within
five days after the time limit for filing case briefs.\7\ Rebuttal
briefs must be limited to issues raised in the case briefs.\8\ Parties
who submit arguments are requested to submit with the argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\9\
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\5\ In AR6 VN Shrimp, the Department found the companies
comprising the Minh Phu Group are a single entity and, because there
have been no changes to the facts which supported this determination
since the sixth 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 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'').
\6\ 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 the fact which supported 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'').
\7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\8\ See 19 CFR 351.309(d)(2).
\9\ See 19 CFR 351.309(c) and (d).
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Interested parties, who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, filed electronically using IA ACCESS. An electronically filed
document must be received successfully in its entirety in IA ACCESS, by
5 p.m. Eastern Time within 30 days after the date of publication of
this notice.\10\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
will inform parties of the scheduled date for the hearing which will be
held at the U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at a time and location to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing. Interested parties are invited to comment on
the preliminary results of this review.
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\10\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of our analysis of issues
raised in the written
[[Page 15944]]
comments, within 120 days of publication of these preliminary results
in the Federal Register.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., is 0.50 percent or more) in
the final results of this review, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total entered value of sales, in accordance with 19 CFR
351.212(b)(1).\12\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For those companies not assigned a separate rate from a prior segment
of the proceeding, the Department stated that they are not separate
from the Vietnam-wide entity and that the administrative review will
continue for these companies.
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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The Department recently announced a refinement to its assessment
practice in non-market economy cases. Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the Vietnam-wide rate. Additionally, if the Department determines that
an exporter 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 Vietnam-wide rate.\13\
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\13\ 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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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.
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.
Notification to Importers
This notice also serves as a preliminary 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Background
2. Respondent Selection
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Non-Market Economy Country
6. Separate Rates
7. Separate Rate Calculation
8. Vietnam-Wide Entity
9. Surrogate Country and Surrogate Value Data
10. Surrogate Country
11. Economic Comparability
12. Significant Producers of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of Comparison Method
16. U.S. Price
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2014-06397 Filed 3-21-14; 8:45 am]
BILLING CODE 3510-DS-P