[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Notices]
[Pages 53411-53413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20030]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Notice of Amended Preliminary Antidumping Duty Determination of 
Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater 
Shrimp From the Socialist Republic of Vietnam

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Amended preliminary antidumping duty determination of sales at 
less than fair value.

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EFFECTIVE DATE: September 1, 2004.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva or James C. Doyle, NME 
Unit, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3208, or (202) 482-0159, 
respectively.

Scope of the Investigation

    The scope of this investigation includes certain warmwater shrimp 
and prawns, whether frozen or canned, wild-caught (ocean harvested) or 
farm-raised (produced by aquaculture), head-on or head-off, shell-on or 
peeled, tail-on or tail-off,\1\ deveined or not deveined, cooked or 
raw, or otherwise processed in frozen or canned form.
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    \1\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    The frozen or canned warmwater shrimp and prawn products included 
in the scope of the investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), are 
products which are processed from warmwater shrimp and prawns through 
either freezing or canning and which are sold in any count size.
    The products described above may be processed from any species of 
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally 
classified in, but are not limited to, the Penaeidae family. Some 
examples of the farmed and wild-caught warmwater species include, but 
are not

[[Page 53412]]

limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus 
merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn 
(Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), 
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp 
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern 
rough shrimp (Trachypenaeus curvirostris), southern white shrimp 
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white 
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus 
indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of the investigations. In addition, 
food preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are included in the scope 
of the investigation.
    Excluded from the scope are (1) breaded shrimp \2\ and prawns 
(1605.20.10.20); (2) shrimp and prawns generally classified in the 
Pandalidae family and commonly referred to as coldwater shrimp, in any 
state of processing; (3) fresh shrimp and prawns whether shell-on or 
peeled (0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in 
prepared meals (1605.20.05.10); and (5) dried shrimp and prawns.
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    \2\ Pursuant to our scope determination on battered shrimp, we 
find that breaded shrimp includes battered shrimp as discussed 
below. See Memorandum from Edward C. Yang, Vietnam/NME Unit 
Coordinator, Import Administration to Jeffrey A. May, Deputy 
Assistant Secretary for Import Administration Antidumping 
Investigation on Certain Frozen and Canned Warmwater Shrimp from 
Brazil, Ecuador, India, Thailand, and the Socialist Republic of 
Vietnam: Scope Clarification on Dusted Shrimp and Battered Shrimp 
(``Dusted/Battered Scope Memo''), dated July 2, 2004.
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    The products covered by this scope are currently classifiable under 
the following HTSUS subheadings: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, 1605.20.10.30, and 1605.20.10.40. These HTSUS 
subheadings are provided for convenience and customs purposes only and 
are not dispositive, but rather the written descriptions of the scope 
of these investigations is dispositive.

Background

    On July 2, 2004, the Department of Commerce (``the Department'') 
preliminarily determined that certain frozen and canned warmwater 
shrimp from the Socialist Republic of Vietnam are being, or are likely 
to be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733(a) of the Tariff Act of 1930, as amended (``the 
Act''). See Notice of Preliminary Determination of Sales at Less Than 
Fair Value, Negative Preliminary Determination of Critical 
Circumstances and Postponement of Final Determination: Certain Frozen 
and Canned Warmwater Shrimp from the Socialist Republic of Vietnam 
(``Preliminary Determination'') 69 FR 42672 (July 16, 2004).
    On July 12, 2004, Camau Frozen Seafood Processing Import Export 
Corporation (``Camimex''), Kim Anh Co., Ltd. (``Kim Anh''), Minh Phu 
Seafood Corporation (``Min Phu'') and Minh Hai Joint Stock Seafoods 
Processing Company (``Seaprodex Minh Hai''), hereinafter collectively 
referred to as ``the Mandatory Respondents,'' timely filed allegations 
that the Department made ministerial errors in the preliminary 
determination. In addition, by July 12, 2004, certain Section A 
Respondents timely filed allegations that the Department made 
ministerial errors in the preliminary determination.
    On July 19, 2004, the Ad Hoc Shrimp Trade Action Committee, 
Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company, 
hereinafter referred to collectively as ``Petitioners,'' filed rebuttal 
comments to the Mandatory Respondents' ministerial error allegations. 
Petitioners' July 19, 2004 submission was rejected as ``the Secretary 
will not consider replies to comments submitted in connection with a 
preliminary determination.'' See 19 CFR 351.224(c)(3). See Letter from 
James C. Doyle, Program Manager, AD/CVD Enforcement III to Petitioners 
Regarding Ministerial Error Allegation Rebuttal Comments, dated August 
16, 2004.
    In reviewing the ministerial error allegations of the Mandatory 
Respondents, the Department noted that the allegations were deficient. 
On August 3, 2004, the Department sent a letter to the Mandatory 
Respondents requesting that they (1) present the appropriate correction 
and (2) demonstrate how the alleged ministerial error is significant by 
illustrating the effect on the individual weighted-average dumping 
margin as required by 19 CFR 351.224(c). On August 6, 2004, the 
Mandatory Respondents submitted their revised ministerial error 
allegations and noted that the correction of these alleged errors were 
not significant as required by 19 CFR 351.224(g).

Significant Ministerial Error

    The Department's regulations provide that the Secretary will 
correct any significant ministerial error by amending the preliminary 
determination. See 19 CFR 351.224(e). A ministerial error is an error 
in addition, subtraction or other arithmetic functions. A clerical 
error results from inaccurate copying, duplication, or any other 
similar type of unintentional error which the Secretary considers 
ministerial. See 19 CFR 351.224(f). A significant ministerial error is 
defined as an error, the correction of which, singly or in combination 
with other errors, would result in (1) a change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa. See 19 CFR 
351.224(g). We are publishing this amendment to the Preliminary 
Determination pursuant to 19 CFR 351.224(e). As a result of this 
amended preliminary determination, we have revised the rate for one 
Section A Respondent, Kien Giang Seaproduct Import Export Company.

Ministerial Error Allegations From Mandatory Respondents

    The Department addresses allegations of ministerial error with 
regard to the Mandatory Respondents in its Memorandum to the File, 
dated August 20, 2004, from Nicole Bankhead, Case Analysts through 
James C. Doyle, Program Manager, Regarding Antidumping Duty 
Investigation of Certain Frozen and Canned Warmwater Shrimp from the 
Socialist Republic of Vietnam: Allegations of Ministerial Error from 
Mandatory Respondents (``Mandatory Respondent Memo''). Specifically, 
these allegations concern the by-product offset; headless shell-on 
conversion ratios; cold-storage, brokerage & handling and 
containerization expenses; post-sale price adjustments; and CONNUM-by-
CONNUM comparisons. For purposes of this amended preliminary 
determination we are not changing any findings in the preliminary 
determination for any of the Mandatory Respondents. For a detailed 
analysis of the allegations made by Mandatory Respondents, please see 
the Mandatory Respondent Memo.

[[Page 53413]]

Ministerial Error Allegations From the Section A Respondents

    The Department addresses allegations of ministerial error with 
regard to Section A Respondents in its Memorandum to the File, dated 
August 20, 2004, from Nicole Bankhead and Paul Walker, Case Analysts 
through James C. Doyle, Program Manager, Regarding Antidumping Duty 
Investigation of Certain Frozen and Canned Warmwater Shrimp from the 
Socialist Republic of Vietnam: Allegations of Ministerial Error from 
Section A Respondents. Specifically, these allegations concern price 
negotiations, the acceptance of an investment licence in lieu of a 
business license and the dating of submissions.

Amended Preliminary Determination

    For the purposes of this amended preliminary determination, we are 
changing our finding in the Preliminary Determination and granting a 
separate rate to one additional Section A Respondent, Kien Giang 
Seaproduct Import Export Co. (``Kisimex''), based on the Department's 
re-examination of evidence on the record. As a result of our correction 
of ministerial errors in the Preliminary Determination, we have 
determined that the following weighted-average dumping margin applies: 
\3\
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    \3\ For the antidumping duty margin for all Section A 
Respondents not listed here, see Preliminary Determination, 69 FR 
42654 (July 16, 2004).

 Certain Frozen and Canned Warmwater Shrimp From the Socialist Republic
                    of Vietnam: Section A Respondents
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                                            Original         Amended
                                          preliminary      preliminary
         Exporter and producer               margin           margin
                                           (percent)        (percent)
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Kien Giang Seaproduct Import Export              93.13            16.01
 Co...................................
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    Because the ministerial errors alleged for the Mandatory 
Respondents do not constitute significant ministerial errors under 
351.224(g), we are not changing the weighted-average dumping margin 
listed in the Preliminary Determination. In addition, the Vietnamese-
wide rate remains unchanged.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of the 
preliminary determination or 45 days after our final determination 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: August 23, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-20030 Filed 8-31-04; 8:45 am]
BILLING CODE 3510-DS-P