[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Pages 71005-71010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Final 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.
SUMMARY: On July 16, 2004, the Department of Commerce published its 
preliminary determination of sales at less than fair value (``LTFV''), 
negative preliminary determination of critical circumstances, and 
postponement of the final determination in the antidumping 
investigation of certain frozen and canned warmwater shrimp from the 
Socialist Republic of Vietnam (``Vietnam''). On September 1, 2004, the 
Department of Commerce published an amended preliminary determination 
of sales at LTFV. The period of investigation (``POI'') is April 1, 
2003, through September 30, 2003.
    The investigation covers four shrimp processors which are Mandatory 
Respondents \1\ and 34 Section A Respondents.\2\ We invited interested 
parties to comment on our preliminary determination and amended 
preliminary determination of sales at LTFV. Based on our analysis of 
the comments we received, we have made changes to our calculations for 
the four Mandatory Respondents.
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    \1\ Camau Frozen Seafood Processing Import Export Corporation 
(``Camimex''); Kim Anh Co., Ltd. (``Kim Anh''); Minh Phu Seafood 
Corporation (``Minh Phu''); Minh Hai Joint-Stock Seafoods Processing 
Company (``Seaprodex Minh Hai'').
    \2\ Can Tho Animal Fisheries Product Processing Export 
Enterprise (``Cafatex''); Cai Doi Vam Seafood Import Export Company 
(``Cadovimex''); Sao Ta Foods Joint Stock Company (``Fimex VN''); 
Viet Hai Seafood Company (``Vietnam Fish-One''); Kiengiang Seafood 
Import Export Company (``Kisimex''); Soc Trang Aquatic Products and 
General Import Export Company (``Stapimex''); Coastal Fisheries 
Development Corporation (``Cofidec''); Phuong Nam Co., Ltd. 
(``Phuong Nam''); Cuu Long Seaproducts Company (``Cuulong Seapro''); 
Minh Hai Export Frozen Seafood Processing Joint-Stock Company 
(``Jostoco''); Can Tho Agriculture and Animal Products Import Export 
Company (``Cataco''); Nha Trang Fisheries Co. (``Nha Trang''); 
Nhatrang Seaproduct Company (``Nhatrang Seafoods''); Minh Hai 
Seaproducts Import and Export Corporation (``Seaprimex''); Thuan 
Phuoc Seafoods and Trading Corporation; Nha Trang Fisheries Joint 
Stock Company (``Nhatrang Fisco''); Danang Seaproducts Import Export 
Company (``Seaprodex Danang''); C.P. Vietnam Livestock; UTXI Aquatic 
Products Processing Company (``UTXI''); Viet Nhan Company; 
Investment Commerce Fisheries Corporation (``Incomfish''); Vinhloi 
Import Export Company (``VIMEXCO''); Bac Lieu Fisheries; Viet Foods 
Co., Ltd. (``Viet Foods''); Truc An Company (``Truc An''); Cam Ranh 
Seafoods Processing Enterprise Company (``Camranh Seafoods''); Hai 
Thuan Company (``Hai Thuan''); Phu Cuong Seafood Processing (``Phu 
Cuong''); Ngoc Sinh Company (``Ngoc Sinh''); Aquatic Product Trading 
Company (``APT''); Song Huong ASC Import-Export Company Ltd. 
(``ASC''); Hanoi Seaproducts Import Export Corp. (``Seaprodex 
Hanoi''); Pataya Food Industries (Vietnam) Ltd. (``Pataya VN''); and 
Amanda Foods (Vietnam) Ltd. (``Amanda'').

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DATES: Effective Date: December 8, 2004.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, 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) 482-3208.

Final Determination

    We determine that certain frozen and canned warmwater shrimp from 
Vietnam is being, or is likely to be, sold in the United States at LTFV 
as provided in section 735 of Tariff Act of 1930, as Amended (``the 
Act''). The estimated margins of sales at LTFV are shown in the ``Final 
Determination Margins'' section of this notice.

Case History

    The Department of Commerce (the ``Department'') published its 
preliminary determination of sales at LTFV on July 16, 2004. 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, 69 FR 42672 (July 16, 2004) 
(``Preliminary Determination''). On September 1, 2004, the Department 
published an amended preliminary determination. See 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, 69 FR 53411 (September 1, 2004) (``Amended 
Preliminary Determination'').
    The Department conducted verification of the Mandatory Respondents 
and certain Section A Respondents' data in Vietnam. See the 
``Verification'' section below for additional information.
    We invited parties to comment on the Preliminary Determination and 
Amended Preliminary Determination. We received comments from the Ad Hoc 
Shrimp Trade Action Committee, Versaggi Shrimp Corporation and Indian 
Ridge Shrimp Company, hereinafter referred to collectively as 
``Petitioners,'' the Respondents and other interested parties to this 
investigation.
    On October 20, 2004, parties submitted case briefs. On October 29, 
2004, parties submitted rebuttal briefs.
    Since the Preliminary Determination, the following events have 
occurred:

Company Specific Comments

    On July 16, 2004, the Department received the sales reconciliation 
from Camimex, Kim Anh, Seaprodex Minh Hai and Minh Phu.
    On July 21, 2004, the Department received comments from the 
Respondents on the Department's Customs instructions.
    On July 26, 2004, the Department sent supplemental questionnaires 
to Seaprodex Minh Hai and Camimex. On July 27, 2004 the Department sent 
supplemental questionnaires to Kim Anh and Minh Phu. On July 30, 2004 
the Department received a request for an extension to respond to the 
supplemental questionnaires from Camimex, Kim Anh and Seaprodex Minh 
Hai and served the verification schedule on all interested parties. On

[[Page 71006]]

August 2, 2004 the Department also granted an extension to Camimex, Kim 
Anh and Seaprodex Minh Hai for responding to the Department's July 26, 
2004 supplemental questionnaires. On August 3, 2004 the Department 
received Minh Phu's supplemental questionnaire response.
    On August 3, 2004, the Department received the Petitioners' 
rebuttal to the Respondents' July 21, 2004 comments regarding errors in 
the Department's Customs instructions.
    On August 5, 2004, the Department granted an extension to Cafatex 
for submitting reconciliation information. On August 11, 2004, the 
Department received Cafatex's sales reconciliation information.
    On August 10, 2004 the Department sent Seaprodex Minh Hai 
supplemental questionnaire.
    On August 12, 2004, the Department received Seaprodex Minh Hai's 
supplemental questionnaire response, Kim Anh's 4th supplemental 
questionnaire response, and Camimex's supplemental questionnaire 
response.
    On August 18, 2004, the Department sent a verification outline to 
Camimex and Seaprodex Minh Hai. On August 18, 2004 Camimex submitted 
pre-verification corrections and the Department sent verification 
agendas to Kim Anh, Minh Phu and Cafatex. The Department received Kim 
Anh's pre-verification corrections. On August 23, 2004 the Department 
received a request for an extension for serving verification exhibits 
Kim Anh, Cafatex and Seaprodex Minh Hai. On August 23, 2004 the 
Department amended the verification outline for Kim Anh.
    On August 24, 2004, an analyst submitted an analysis of ministerial 
errors for both the Section A respondents and the mandatory 
respondents.
    On August 31, 2004, the Department received Cafatex's pre-
verification corrections. On September 7, 2004 the Department received 
Seaprodex Minh Hai's pre-verification corrections.
    On September 8, 2004, the Department received additional surrogate 
value data from the Respondents.
    On September 14, 2004, the Department received both Camimex and 
Minh Phu's pre-verification corrections.
    On September 17, 2004 the Department set a deadline for rebuttal 
brief comments of September 20, 2004. On September 20, 2004 the 
Department received a request for an extension of the briefing schedule 
from the Petitioners as well as their submission of factual 
information.
    On September 22, 2004 the Department received a letter from VSC 
opposing the Petitioner's request for an expanded briefing schedule. On 
September 23, 2004 the Department received Red Chamber's comments 
regarding alleged clerical errors in the Preliminary Determination 
regarding two Section A Respondents.
    On September 27, 2004, an analyst wrote a memo to the file 
regarding the termination of Kim Anh's verification.
    On October 4, 2004, the Department received a letter from Red 
Chamber removing their submission from the record.
    On October 6, 2004, verification reports for Seaprodex Minh Hai and 
Cafatex were completed. On October 12, 2004 the verification report for 
Minh Phu was completed.
    On October 13, 2004, the deadline for case briefs and rebuttal 
briefs was set as October 20, 2004 for case briefs and October 25, 2004 
for rebuttal briefs. On October 15, 2004 the Department received a 
request for an extension for submitting rebuttal briefs from the 
Petitioners.
    On October 20, 2004, the Department received case briefs from VSC, 
Xian-Ning, Eastern Fish/LJS, Red Chamber, and the Petitioners.
    On October 25, 2004, the Department received a rebuttal brief from 
Eastern Fish Company. On October 26, 2004 the Department received a 
rebuttal brief from Xian-Ning. On October 29, 2004 the Department 
received rebuttal briefs from the Petitioners and VSC.
    On November 8, 2004, the Department sent a letter to Seaprodex Minh 
Hai, Minh Phu and Camimex requesting that they resubmit their sales and 
FOP databases. On November 8, 2004 the Department sent a clarification 
letter to Camimex concerning the Department's November 8, 2004 letter 
requesting the resubmission of their sales and FOP databases.

Hearing

    On August 3, 2004, the Department received a request for a hearing 
from the Respondents on the issues addressed in their case briefs.
    On August 13, 2004, the Department received a request for a scope 
hearing from the American Breaded Shrimp Processors Association 
(``ABSPA''). On August 16, 2004 the Department received a notice of 
intent to participate in hearings from the Petitioners.
    On October 20, 2004, the Department received a notice of intent to 
participate in the hearing from Eastern Fish Company. The Department 
sent a letter to all interested parties concerning a request for a 
hearing.
    On November 2, 2004, the Department received a letter from ABSPA 
concerning the hearing on scope issues. Also on November 2, 2004 the 
Department sent a letter to all interested parties concerning the 
public hearing. On November 4, 2004 the Department sent a letter to all 
interested parties regarding presenters at the public hearing. On 
November 4, 2004 the Department also sent a letter to ABSPA notifying 
them that because they did not submit any case or rebuttal briefs on 
the scope issues and that they could not make any presentations in the 
scope hearing.
    On November 5, 2004, the Department held a public hearing on issues 
concerning financial ratios, surrogate values, and the Mandatory 
Respondents.
    On November 8, 2004, the Department postponed the public scope 
hearing. On November 23, 2004, the Department held its scope hearing.

Separate Rates

    On August 18, 2004, the Department received additional information 
regarding separate rate status from: Phuong Nam, Bac Lieu Fisheries, 
Cam Ranh Seafoods, VIMEXCO, Ngoc Sinh, Nha Trang, UTXI, Truc An, 
Kisimex, Vietnam Fish-One, Hai Thuan, and Incomfish. On August 20, 2004 
the Department received additional information regarding ASC, Viet 
Foods, APT, Cofidec, and Phu Cuong's requests for separate rate status.

Scope Comments by Interested Parties

    On July 16, 2004, the Department received a scope exclusion request 
on behalf of Xian-Ning Seafood Co. Ltd., asking the Department to 
determine whether shrimp scampi is outside the scope of the antidumping 
investigation. On August 2, 2004 the Department received scope comments 
regarding dusted shrimp from Eastern Fish Company. On August 2, 2004 
the Department received scope comments regarding dusted shrimp and 
battered shrimp from the Petitioners. On August 12, 2004 the Department 
received Eastern Fish Company's reply to the Petitioner's August 2, 
2004 scope comments. On November 8, 2004 the Department placed Lee Kum 
Kee's request to determine whether shrimp sauce is outside the scope of 
this investigation on the record of this investigation.

Analysis of Comments Received

    The issue of separate rates raised in the case and rebuttal briefs 
by parties in this investigation are addressed in the Memorandum from 
Nicole Bankhead, Case Analyst through Alex Villanueva,

[[Page 71007]]

Program Manager, to James Doyle, Office Director, Antidumping Duty 
Investigation of Certain Frozen and Canned Warmwater Shrimp from the 
Socialist Republic of Vietnam: Final Determination Separate Rates 
Memorandum for Section A Respondents (``Section A Memo''), dated 
November 29, 2004. The various scope issues are discussed in the 
``Scope Comments'' section of this notice. All other issues raised in 
the case and rebuttal briefs by parties in this investigation are 
addressed in the Issues and Decision Memorandum, dated November 29, 
2004, which is hereby adopted by this notice (``Decision Memorandum''). 
A list of the issues which parties raised and to which we respond in 
the Decision Memorandum is attached to this notice as an Appendix. The 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Main Commerce Building, Room B-099, and is 
accessible on the Web at http://ia.ita.doc.gov. The paper copy and 
electronic version of the memorandum are identical in content.

Non-Market Economy Country Status

    On November 8, 2002, the Department determined under section 
771(18)(A) of the Act, after analyzing comments from interested 
parties, that based on the preponderance of evidence on the record 
related to economic reforms in Vietnam to date, analyzed as required 
under section 771(18)(B) of the Act, that Vietnam should be treated as 
a non-market economy country under the U.S. antidumping law, effective 
July 1, 2001. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances and Postponement of Final Determination: Certain Frozen 
Fish Fillets From the Socialist Republic of Vietnam, 68 FR 4986, 4990 
(January 31, 2003).
    A designation as a non-market economy remains in effect until it is 
revoked by the Department (see section 771(18)(C) of the Act).

Scope Comments

    In the Preliminary Determination, the Department solicited comments 
from interested parties which would enumerate and describe a clear, 
administrable definition of dusted shrimp for the final determination. 
As noted above, we received comments on dusted and battered shrimp for 
the final determination. On November 29, 2004, the Department made a 
scope determination with respect to dusted shrimp and battered shrimp. 
See Memorandum from Edward C. Yang, Vietnam/NME Unit Coordinator, 
Import Administration to Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, Antidumping Investigation on 
Certain Frozen and Canned Warmwater Shrimp from Brazil, Ecuador, India, 
Thailand, the Socialist Republic of Vietnam and the Socialist Republic 
of Vietnam: Scope Clarification on Dusted Shrimp and Battered Shrimp 
(``Dusted/Battered Scope Memo2''), dated November 29, 2004. Based on 
the information presented by interested parties, the Department 
determines that (1) certain dusted shrimp, produced from fresh (or 
thawed-from-frozen) and peeled shrimp; to which a ``dusting'' layer of 
rice or wheat flour of at least 95 percent purity has been applied; so 
that the entire surface of the shrimp flesh is thoroughly and evenly 
coated with the flour; and the non-shrimp content of the end product 
constitutes between 4 to 10 percent of the product's total weight after 
being dusted, but prior to being frozen; and is subjected to 
individually quick frozen freezing immediately after application of the 
dusting layer; and (2) battered shrimp, when dusted in accordance with 
the definition of dusting, coated with a wet viscous layer containing 
egg and/or milk, and par-fried are excluded from the scope of this 
investigation. See Dusted/Battered Scope Memo at 28.
    On November 29, 2004, the Department made scope determinations with 
respect to Lee Kum Kee's shrimp sauce. See Memorandum from Edward C. 
Yang, Vietnam/NME Unit Coordinator, Import Administration to Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration 
Antidumping Investigation on Certain Frozen and Canned Warmwater Shrimp 
from Brazil, Ecuador, India, Thailand, the Socialist Republic of 
Vietnam and the Socialist Republic of Vietnam: Scope Clarification on 
Lee Kum Kee's Shrimp Sauce (``Shrimp Sauce Scope Memo''), dated 
November 29, 2004. Based on the information presented by interested 
parties, the Department determines that Lee Kum Kee's shrimp sauce is 
excluded from the scope of this investigation. See Shrimp Sauce Scope 
Memo at 8.
    Additionally, on November 29, 2004, the Department made scope 
determinations with respect to shrimp scampi. See Memorandum from 
Edward C. Yang, Vietnam/NME Unit Coordinator, Import Administration to 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration Antidumping Investigation on Certain Frozen and Canned 
Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the Socialist 
Republic of Vietnam and the Socialist Republic of Vietnam: Scope 
Clarification on Shrimp Scampi (``Shrimp Scampi Scope Memo''), dated 
November 29, 2004. Based on the information presented by interested 
parties, the Department determines that shrimp scampi is included in 
the scope of this investigation. See Shrimp Scampi Scope Memo at 8.

Scope of 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,\3\ deveined or not deveined, cooked or 
raw, or otherwise processed in frozen or canned form.
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    \3\ ``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 investigations, 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 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 this investigation. In addition, 
food preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are also included in the 
scope of this investigation.

[[Page 71008]]

    Excluded from the scope are (1) breaded shrimp 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.
    The products covered by this investigation are currently classified 
under the following HTSUS subheading: 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 for customs purposes only 
and are not dispositive, but rather the written descriptions of the 
scope of this investigation is dispositive.
    The Department has issued nine decisions regarding the scope of the 
merchandise covered by this investigation: (1) On May 21, 2004, the 
Department declined to expand the scope of this investigation to 
include fresh (never frozen) shrimp; (2) on July 2, 2004, pursuant to a 
request from Ocean Duke, the Department found that its ``Seafood Mix'' 
is excluded from the scope of this investigation; (3) on July 2, 2004, 
the Department found that salad shrimp, sold in counts of 250 pieces or 
higher, are included within the scope of the this investigation; (4) on 
July 2, 2004, the Department found Macrobrachium Rosenbergii and 
organic shrimp included within the scope of this investigation; (5) on 
July 2, 2004, the Department found that peeled shrimp are included 
within the scope of this investigation; (6) on November 29, 2004, the 
Department found that shrimp sauce is excluded from the scope of this 
investigation; (7) on November 29, 2004, the Department found Xian-Ning 
Seafood Co., Ltd.'s scampi shrimp included within the scope of these 
investigation; (8) on November 29, 2004, the Department found certain 
dusted shrimp \4\ are outside the scope of this investigation; and (9) 
on November 29, 2004, the Department found certain battered shrimp \5\ 
are outside the scope of this investigation.
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    \4\ Dusted shrimp is a shrimp-based product that (1) Is produced 
from fresh (or thawed-from-frozen) and peeled shrimp; (2) To which a 
``dusting'' layer of rice or wheat flour of at least 95 percent 
purity has been applied; (3) So that the entire surface of the 
shrimp flesh is thoroughly and evenly coated with the flour; and (4) 
The non-shrimp content of the end product constitutes between 4 to 
10 percent of the product's total weight after being dusted, but 
prior to being frozen; and (5) Is subjected to IQF freezing 
immediately after application of the dusting layer. See Memorandum 
from Edward C. Yang, NME Unit Coordinator, Import Administration to 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration Antidumping Investigation on Certain Frozen and 
Canned Warmwater Shrimp from Brazil, Ecuador, India, Thailand, the 
Socialist Republic of Vietnam and the Socialist Republic of Vietnam: 
Scope Clarification on Dusted Shrimp and Battered Shrimp (``Dusted/
Battered Scope Memo2''), dated November 29, 2004.
    \5\ Battered shrimp is a shrimp based product that, when dusted 
in accordance with the definition of dusting above, is coated with a 
wet viscous layer containing egg and/or milk, and par-fried.
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Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the Mandatory Respondents and certain Section 
A Respondents for use in our final determination. See the Department's 
verification reports on the record of this investigation in the CRU 
with respect to Cafatex, Camimex, Kim Anh, Minh Phu and Seaprodex Minh. 
For all verified companies, we used standard verification procedures, 
including examination of relevant accounting and production records, as 
well as original source documents provided by the Respondents.
    Additionally, during verification, Kim Anh informed the Department 
that it had decided not to participate further in its verification. See 
Memorandum to the File from Nazak Nikaktahr, Verification of the 
Response of Kim Anh Co., Ltd. (``Kim Anh'') with Regard to the Sales of 
Certain Frozen and Canned Warmwater Shrimp, dated September 24, 2004.

Adverse Facts Available

    Section 776(a)(2) of the Act provides that the Department shall 
apply ``facts otherwise available'' if, inter alia, an interested party 
or any other person (A) withholds information that has been requested, 
(B) fails to provide information within the deadlines established, or 
in the form or manner requested by the Department, subject to 
subsections (c)(1) and (e) of section 782, (C) significantly impedes a 
proceeding, or (D) provides information that cannot be verified as 
provided by section 782(i) of the Act. Section 776(b) of the Act 
provides further that the Department may use an adverse inference when 
a party has failed to cooperate by not acting to the best of its 
ability to comply with a request for information.

The Vietnam-Wide Rate

    Because we begin with the presumption that all companies within a 
non-market economy (``NME'') country are subject to government control 
and because only the companies listed under the ``Final Determination 
Margins'' section below have overcome that presumption, we are applying 
a single antidumping rate--the Vietnam-wide rate--to all other 
exporters of subject merchandise from Vietnam. Such companies did not 
demonstrate entitlement to a separate rate. See, e.g., Final 
Determination of Sales at Less Than Fair Value: Synthetic Indigo from 
the People's Republic of China, 65 FR 25706 (May 3, 2000). The Vietnam-
wide rate applies to all entries of subject merchandise except for 
entries from the Respondents which are listed in the ``Final 
Determination Margins'' section below (except as noted). The 
information used to calculate this Vietnam-wide rate was corroborated 
independently with some small changes in accordance with section 776(c) 
of the Act. See Memorandum to the File from Joe Welton, Case Analyst 
through James C. Doyle, Program Manager and Edward C. Yang, Director, 
NME Unit, Preliminary Determination in the Investigation of Certain 
Frozen and Canned Warmwater Shrimp from the Socialist Republic of 
Vietnam (``Vietnam''): Corroboration of the Vietnam-Wide Adverse Facts-
Available Rate (``Corroboration Memo''), dated July 2, 2004.
    For the reasons set forth in the Preliminary Determination and 
reaffirmed in the Decision Memorandum at Comment 10, we continue to 
find that the use of adverse facts available for the Vietnam-wide rate 
is appropriate. As adverse facts available, the Vietnam-wide rate is 
not intended to be a reflection of the dumping margins applied as 
separate rates to the Respondent companies. Consistent with our 
Preliminary Determination and with previous cases in which the 
respondent is considered uncooperative, as adverse facts available, we 
have applied a rate of 25.76 percent, a rate calculated in the 
initiation stage of the investigation from information provided in the 
petition (as adjusted by the Department).

Kim Anh

    Pursuant to section 776(a)(2)(D) of the Act, we are applying facts 
otherwise available to Kim Anh because it refused to allow the 
Department to verify the information it had submitted during the course 
of this investigation. Furthermore, based on the record evidence and 
pursuant to section 776(b) of the Act, the Department has determined 
that Kim Anh did not cooperate to the best of its ability to comply 
with the Department's requests

[[Page 71009]]

for information. Therefore, in accordance with section 776(b) of the 
Act, we find that Kim Anh does not qualify for a separate rate and that 
the use of adverse facts available to determine the margin for Kim Anh 
is warranted for the final determination in this investigation. 
Accordingly, Kim Anh will be subject to the Vietnam-wide rate (see 
above). This rate was corroborated in the final determination. See 
Corroboration Memo; see also Comment 6 in the Decision Memorandum for a 
further discussion of this issue.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
Bangladesh as the appropriate surrogate country to use in this 
investigation for the following reasons: (1) Bangladesh is at a level 
of economic development comparable to Vietnam; (2) Bangladeshi 
manufacturers produce comparable merchandise and are significant 
producers of frozen and canned warmwater shrimp; (3) Bangladesh 
provides the best opportunity to use appropriate, publicly available 
data to value the factors of production. See Preliminary Determination, 
69 FR at 42678. We received no comments from interested parties 
concerning our selection of Bangladesh as the surrogate country during 
the briefing stage of this investigation. For the final determination, 
we have determined to continue to use Bangladesh as the surrogate 
country and, accordingly, have calculated normal value using 
Bangladeshi prices to value the Respondents' factors of production, 
when available and appropriate. We have obtained and relied upon 
publicly available information wherever possible. For a detailed 
description of the surrogate values that have changed as a result of 
comments the Department has received, see the Final Surrogate Value 
Memorandum dated November 29, 2004.

Separate Rates

    In the Preliminary Determination and the Amended Preliminary 
Determination, the Department found that several companies which 
provided responses to Section A of the antidumping questionnaire were 
eligible for a rate separate from the Vietnam-wide rate. For the final 
determination, we have determined that additional companies have 
qualified for separate-rate status. See Section A Memo. For a complete 
listing of all the companies that received a separate rate, see the 
``Final Determination Margins'' section below.
    The margin we calculated in the Preliminary Determination for these 
companies was 16.01 percent. Because the rates of the selected 
Mandatory Respondents have changed since the Preliminary Determination 
and the Amended Preliminary Determination, we have recalculated the 
rate for Section A Respondents that are eligible for a separate rate. 
The rate is 4.38 percent. See Memorandum to the File from Paul Walker, 
Calculation of Section A Rate, dated November 29, 2004.

Final Determination Margins

    We determine that the following percentage weighted-average margins 
exist for the POI:

    Certain Frozen and Canned Warmwater Shrimp From Vietnam Mandatory
                               Respondents
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Camau Frozen Seafood Processing Import Export Corporation           4.99
 \6\........................................................
Kim Anh Company Limited \7\.................................       25.76
Minh Phu Seafood Corporation \8\............................        4.21
Minh Hai Joint Stock Seafoods Processing Company \9\........        4.13
Vietnam-Wide Margin.........................................       25.76
------------------------------------------------------------------------


    Certain Frozen and Canned Warmwater Shrimp From Vietnam Section A
                               Respondents
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Amanda Foods (Vietnam) Ltd.\10\.............................        4.38
Aquatic Products Trading Company \11\.......................        4.38
Bac Lieu Fisheries Company Limited \12\.....................        4.38
Coastal Fisheries Development Corporation \13\..............        4.38
Cai Doi Vam Seafood Import-Export Company \14\..............        4.38
Cam Ranh Seafoods Processing Enterprise Company \15\........        4.38
Can Tho Agriculture and Animal Products Import Export               4.38
 Company \16\...............................................
Cantho Animal Fisheries Product Processing Export Enterprise        4.38
 \17\.......................................................
C.P. Vietnam Livestock Co. Ltd..............................        4.38
Cuu Long Seaproducts Company \18\...........................        4.38
Danang Seaproducts Import Export Corporation \19\...........        4.38
Hanoi Seaproducts Import Export Corporation \20\............        4.38
Investment Commerce Fisheries Corporation \21\..............        4.38
Kien Giang Sea-Product Import-Export Company \22\...........        4.38
Minh Hai Export Frozen Seafood Processing Joint-Stock               4.38
 Company \23\...............................................
Minh Hai Seaproducts Import Export Corporation \24\.........        4.38
Nha Trang Fisheries Joint Stock Company \25\................        4.38
Nha Trang Seaproduct Company \26\...........................        4.38
Pataya Food Industries (Vietnam) Ltd.\27\...................        4.38
Phu Cuong Seafood Processing and Import-Export Company              4.38
 Limited \28\...............................................
Sao Ta Foods Joint Stock Company \29\.......................        4.38
Soc Trang Aquatic Products and General Import Export Company        4.38
 \30\.......................................................
Song Huong ASC Import-Export Company Ltd.\31\...............        4.38
Thuan Phuoc Seafoods and Trading Corporation \32\...........        4.38
UTXI Aquatic Products Processing Company \33\...............        4.38
Viet Foods Co., Ltd.\34\....................................        4.38
Viet Nhan Company...........................................        4.38
Viet Hai Seafood Company Ltd.\35\...........................        4.38
Vinh Loi Import Export Company \36\.........................        4.38
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs 
and Border

[[Page 71010]]

Protection (``Customs'') to continue to suspend liquidation of all 
entries of subject merchandise from Vietnam entered, or withdrawn from 
warehouse, for consumption on or after July 16, 2004, the date of 
publication of the Preliminary Determination. Customs shall continue to 
require a cash deposit or the posting of a bond equal to the estimated 
amount by which the normal value exceeds the U.S. price as shown above. 
These instructions suspending liquidation will remain in effect until 
further notice.
---------------------------------------------------------------------------

    \6\ Also known as Camimex and Seafood Factory No. 4.
    \7\ Not a separate rate.
    \8\ Also known as Minh Phu Seafood Export-Import Corporation, 
Minh Phu, Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh 
Qui, Minh Phat Seafood Co. Ltd. & Minh Phat.
    \9\ Also known as Seaprodex Minh Hai.
    \10\ Also known as Amanda VN & Amanda.
    \11\ Also known as APT and A.P.T. Co.
    \12\ Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu 
Fisheries Co. Ltd., Bac Lieu Fisheries Limited Company & Bac Lieu 
Fisheries Company Ltd.
    \13\ Also known as COFIDEC.
    \14\ Also known as Cadovimex.
    \15\ Also known as Cam Ranh.
    \16\ Also known as Cataco, Duyen Hai Foodstuffs Processing 
Factory, Caseafood, Coseafex & Cantho Seafood Export.
    \17\ Also known as Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien 
Thuy Suc San Xuat Khau Can Tho, CAS, CAS Branch, Cafatex Saigon, 
Cafatex Fishery Joint Stock Corporation, Cafatex Corporation & Taydo 
Seafood Enterprise.
    \18\ Also known as Cuu Long Seapro.
    \19\ Also known as Seaprodex Danang, Tho Quang Seafood 
Processing and Export Company & Tho Quang.
    \20\ Also known as Seaprodex Hanoi.
    \21\ Also known as INCOMFISH, Investment Commerce Fisheries 
Corp., INCOMFISH Corp. & INCOMFISH Corporation.
    \22\ Also known as KISIMEX, Kien Giang Seaproduct Import & 
Export Company, Kien Giang Seaproduct Import and Export Company, 
Kien Giang Seaproduct Import Export Co., Kien Giang Sea Product 
Import & Export Co., Kien Giang Sea Product Import and Export 
Company, Kien Giang Sea Product Import & Export Company, Kien Giang 
Sea Product Import & Export Co., & Kien Giang Sea Product Im. & Ex. 
Co.
    \23\ Also known as Minh Hai Jostoco.
    \24\ Also known as Seaprimexco.
    \25\ Also known as Nha Trang Fisco & Nhatrang Fisco.
    \26\ Also known as Nha Trang Seafoods.
    \27\ Also known as Pataya VN.
    \28\ Also known as Phu Cuong Seafoods Processing Import-Export 
Company Ltd., Phu Cuong Co., Phu Cuong, Phu Cuong Seafood Processing 
& Import-Export Co. Ltd., Phu Cuong Seafood Processing, Phu Cuong 
Co. Ltd. & Phu Cuong Seafood Processing Import & Export Company 
Limited.
    \29\ Also known as Fimex VN, Saota Seafood Factory and Sao Ta 
Seafood Factory.
    \30\ Also known as STAPIMEX.
    \31\ Also known as Song Huong ASC Joint Stock Company, 
SOSEAFOOD, ASC, Song Huong Import Export Seafood Joint Stock 
Company, Song Huong Import-Export Seafood Joint Stock Company, Song 
Huong Import Export Seafood Company, Song Huong Import-Export 
Company, Song Huong Seafood Import Export Co., Song Huong Seafood 
Im-Export Co., SongHuong & Songhuong Joint Stock Company.
    \32\ Also known as Frozen Seafoods Factory No. 32.
    \33\ Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products 
Processing Company & UT-XI Aquatic Products Processing Company.
    \34\ Also known as Viet Foods, Nam Hai Exports Food Stuff 
Limited, Nam Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., 
Viet Foods Company Limited & Vietfoods Company Limited.
    \35\ Also known as Vietnam FishOne, Vietnam Fish-One Company Co. 
Ltd., Vietnam Fish-One, Vietnam Fish-One Co. Ltd., Vietnam Fish One 
Co. Ltd., Vietnam Fish One Company Limited & Vietnam Fish-One 
Company Limited.
    \36\ Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, 
VinhLoi Import Export Company & Vinh Loi Import-Export Company.
---------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, within 45 days the ITC will determine 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. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all securities posted will 
be refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation (i.e., July 
16, 2004).

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: November 29, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Raw Shrimp Price
Comment 2: The Department's Zeroing Methodology
Comment 3: Surrogate Value for Water
    A. Water Rates in Bangladesh
    B. Water Value Conversion Error
Comment 4: Financial Ratios
    A. Surrogate Company Financial Ratios
    B. By-Product Offset for Mandatory Respondents
    C. Inclusion of Factor X and Factor Y in Surrogate Financial 
Ratios
Comment 5: Company Specific Issues, Camimex
    A. Headless Shell-on (``HLSO'')-to-Headless Shell-off (``HOSO'') 
Conversion
    B. International Freight
Comment 6: Total Adverse Facts Available (``AFA'') for Kim Anh Co. 
Ltd. (``Kim Anh'')
Comment 7: Company Specific Issues, Minh Phu
    A. HLSO-to-HOSO Conversion
    B. Cold Storage
    C. Partial AFA for Direct Labor
Comment 8: Company Specific Issues, SMH
    A. Market Economy Purchase
    B. Recalculation of a Surrogate Expense for SMH
    C. Calculation of Weighted-Average U.S. Prices and Normal Values 
on a CONNUM-Specific Basis for SMH
    D. HLSO-to-HOSO Conversion
Comment 9: Weight-Averaging Respondent Margins by Net U.S. Sales 
Value to Calculate Separate Rates
Comment 10: Calculation of Vietnam-Wide Margin
    A. The Department Should Eliminate the Country-Wide Rate In All 
Cases
    B. The Department Should Not Apply AFA to the Vietnam-Wide Rate
    C. The Department Chose an Incorrect AFA Rate
Comment 11: Separate Rate Calculation
Comment 12: The Department Should Amend Its Customs Instructions to 
Include Additional Company Names Discussed in Section A Responses

[FR Doc. 04-26977 Filed 12-7-04; 8:45 am]
BILLING CODE 3510-DS-P