[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5152-5156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-372]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


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 \1\

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

DATES: Effective Date: February 1, 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.
---------------------------------------------------------------------------

    \1\ On January 21, 2005, the International Trade Commission 
(``ITC'') notified the Department of its final determination that 
two domestic like products exist for the merchandise covered by the 
Department's investigation: (i) Certain non-canned warmwater shrimp 
and prawns, and (ii) canned warmwater shrimp and prawns. The ITC 
determined that there is no injury regarding imports of canned 
warmwater shrimp and prawns from Vietnam, therefore, canned 
warmwater shrimp and prawns will not be covered by the antidumping 
order.
---------------------------------------------------------------------------

Amendment to the Final Determination

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``the Act'') on December 8, 2004, the Department 
of Commerce (``the Department'') published its final determination of 
sales at less than fair value (``LTFV'') in the investigation of 
certain frozen and canned warmwater shrimp from the Socialist Republic 
of Vietnam (``Vietnam''). See Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from 
the Socialist Republic of Vietnam, 69 FR 71005 (December 8, 2004) 
(``Final Determination''). See Final Determination and corresponding 
``Issues and Decision Memorandum''

[[Page 5153]]

dated November 29, 2004; see also Memorandum from Nicole Bankhead, Case 
Analyst, through Alex Villanueva, 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, 
dated November 29, 2004 (``Final Separate Rates Memo'').
    Between December 7, 2004, and December 13, 2004, the following 
parties filed timely allegations that the Department made various 
ministerial errors in the Final Determination. On December 7, 2004, 
five Section A Respondents, Truc An Company (``Truc An''), Hai Thuan 
Export Seaproducts Processing Co., Ltd. (``Hai Thuan''), Nha Trang 
Fisheries Co., Ltd. (``Nha Trang Fisheries''), Ngoc Sinh Seafoods 
(``Ngoc Sinh''), and Phuong Nam Co., Ltd. (``Phuong Nam''), which had 
been denied a separate rate by the Department in the Final 
Determination, filed timely requests pursuant to 19 CFR 351.224(e)(1) 
and (2) requesting that the Department correct alleged ministerial 
errors in the Final Determination. Also on December 7, 2004, the VASEP 
Shrimp Committee filed ministerial errors regarding additional names to 
provide in the Department's instructions to the U.S. Customs and Border 
Protection (``CBP'') to be issued after the final determination. Camau 
Frozen Seafood Processing Import Export Corporation (``Camimex''), 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,'' also filed timely 
allegations that the Department made ministerial errors in the Final 
Determination. The Ad Hoc Shrimp Trade Action Committee, Versaggi 
Shrimp Corporation and Indian Ridge Shrimp Company, hereinafter 
referred to collectively as ``Petitioners,'' filed timely allegations 
that the Department made ministerial errors in the Final Determination.
    Additionally, on December 7, 2004, Red Chamber on behalf of Phuong 
Nam filed timely allegations that the Department made ministerial 
errors in the Final Determination. However, because Red Chamber 
submitted new information in its error allegation, the Department sent 
Red Chamber a letter requesting that it retract the new information 
from its December 7, 2004, filing in accordance with section 351.302(d) 
of the Department's regulations and re-submit it without the new 
information on December 13, 2004. On December 17, 2004, Red Chamber re-
submitted its ministerial error allegation without the new information.
    On December 13, 2004, Petitioners filed comments rebutting the 
Section A Respondents' and Mandatory Respondents' ministerial error 
allegations. The Mandatory Respondents also submitted comments on 
December 13, 2004, rebutting Petitioners' ministerial error 
allegations.
    On December 16, 2004, Eastern Fish Company, Inc. (``Eastern 
Fish''), an importer of frozen shrimp and interested party in these 
investigations, and Long John Silver's, Inc. (``LJS''), a purchaser of 
shrimp imported by Eastern Fish filed reply comments rebutting 
Petitioners' ministerial error allegations. On December 17, 2004, 
Petitioners filed a letter requesting the Department to reject Eastern 
Fish and LJS's untimely filing. On December 21, 2004, Eastern Fish and 
LJS filed additional reply comments to Petitioners' ministerial error 
allegations. Eastern Fish and LJS's December 16, 2004, and the December 
21, 2004, submissions were rejected as replies to comments ``must be 
filed within five days after the date on which the comments were filed 
with the Secretary.'' See Section 351.224(c)(3) of the Department's 
regulations. See Letter from Alex Villanueva, Program Manager, China/
NME Unit, Office IX to Eastern Fish and LJS Regarding Ministerial Error 
Allegation Rebuttal Comments, dated January 26, 2005.
    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Department considers 
ministerial. See 19 CFR 351.224(f).
    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with 19 CFR 351.224(e), that we made 
ministerial errors in our calculations performed for the final 
determination. For a detailed discussion of these ministerial errors, 
as well as the Department's analysis, see Antidumping Duty 
Investigation of Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Analysis of Allegations of Ministerial Error from 
the Mandatory Respondents and Section A Respondents, dated January 26, 
2005. Additionally, in the Final Determination, we determined that 
several companies qualified for a separate-rate. The margin we 
calculated in the Final Determination for these companies was 4.38 
percent. Because the rates of the selected mandatory respondents have 
changed since the Final Determination, we have recalculated the rate 
for Section A respondents. The rate is 4.57 percent. See Memorandum to 
the File from Paul Walker, Amended Calculation of Section A Rate, dated 
January 26, 2005.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of certain frozen warmwater shrimp from Vietnam. The 
revised weighted-average dumping margins are in the ``Antidumping Duty 
Order'' section, below.

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department made 
its final determination 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 the Act. See Final Determination. On 
January 21, 2005, the ITC notified the Department of its final 
determination pursuant to section 735(b)(1)(A)(i) of the Act that an 
industry in the United States is materially injured by reason of LTFV 
imports of subject merchandise from Vietnam. In its final 
determination, however, the ITC determined that two domestic like 
products exist for the merchandise covered by the Department's 
investigation: (i) Certain non-canned warmwater shrimp and prawns, as 
defined below, and (ii) canned warmwater shrimp and prawns. The ITC 
determined pursuant to section 735(b)(1) that a domestic industry in 
the United States is not materially injured or threatened with material 
injury by reason of imports of canned warmwater shrimp and prawns from 
Vietnam. Therefore, the ITC's affirmative determination of material 
injury covered all certain non-canned warmwater shrimp and prawns other 
than those specifically excluded under the ``Scope of the Order'' 
section below. Accordingly, the scope of the antidumping duty order has 
been amended as described below to reflect the ITC's distinction 
between canned warmwater shrimp and prawns and certain non-canned 
warmwater shrimp and prawns. Specifically, canned warmwater shrimp and 
prawns are excluded from the scope of the order.
    In cases where the ITC specifically excludes a product in its final 
injury determination, the Department may exclude that product from its 
final margin calculation. See Antidumping Duty Orders; Certain 
Stainless Steel Plate in Coils From Belgium, Canada, Italy, the 
Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May

[[Page 5154]]

21, 1999). However, because the Mandatory Respondents did not export or 
sell canned warmwater shrimp and prawns to the United States during the 
POI, no recalculation of the antidumping margins is warranted, and 
therefore we are not amending the final determination calculations to 
exclude any sales of canned warmwater shrimp and prawn products.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct CBP to assess, upon further instruction by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price of the merchandise for all 
relevant entries of certain frozen warmwater shrimp from Vietnam. These 
antidumping duties will be assessed on all unliquidated entries of 
certain frozen warmwater shrimp from Vietnam entered, or withdrawn from 
the warehouse, for consumption on or after July 16, 2004, the date on 
which the Department published its 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).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain frozen and canned warmwater shrimp, we extended 
the four-month period to no more than six months. See Preliminary 
Determination. In this investigation, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
January 12, 2005. Definitive duties are to begin on the date of 
publication of the ITC's final injury determination. See Section 737 of 
the Act. Therefore, in accordance with section 733(d) of the Act and 
our practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain frozen and canned warmwater shrimp from 
Vietnam entered, or withdrawn from warehouse, for consumption on or 
after January 12, 2005, and before the date of publication of the ITC 
's final injury determination in the Federal Register. Suspension of 
liquidation will continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins as listed below. The ``Vietnam-wide'' rate 
applies to all exporters of subject merchandise not listed 
specifically. Imports of the noted canned warmwater shrimp and prawns 
will not be covered by this order. We determine that the following 
percentage weighted-average margins exist for the POI:

              Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
                          Mandatory Respondents
------------------------------------------------------------------------
Camau Frozen Seafood Processing Import Export Corporation           5.24
 \2\.......................................................
Kim Anh Company Limited \3\................................        25.76
Minh Phu Seafood Corporation \4\...........................         4.38
Minh Hai Joint Stock Seafoods Processing Company \5\.......         4.30
Vietnam-Wide Margin........................................        25.76
------------------------------------------------------------
                          Section A Respondents
------------------------------------------------------------------------
Amanda Foods (Vietnam) Ltd.\6\.............................         4.57
Aquatic Products Trading Company \7\.......................         4.57
Bac Lieu Fisheries Company Limited \8\.....................         4.57
Coastal Fisheries Development Corporation \9\..............         4.57
Cai Doi Vam Seafood Import-Export Company \10\.............         4.57
Cam Ranh Seafoods Processing Enterprise Company \11\.......         4.57
Can Tho Agriculture and Animal Products Import Export               4.57
 Company \12\..............................................
Cantho Animal Fisheries Product Processing Export                   4.57
 Enterprise \13\...........................................
C.P. Vietnam Livestock Co. Ltd.............................         4.57
Cuu Long Seaproducts Company \14\..........................         4.57
Danang Seaproducts Import Export Corporation \15\..........         4.57
Hanoi Seaproducts Import Export Corporation \16\...........         4.57
Investment Commerce Fisheries Corporation \17\.............         4.57
Kien Giang Sea-Product Import-Export Company \18\..........         4.57
Minh Hai Export Frozen Seafood Processing Joint-Stock               4.57
 Company \19\..............................................
Minh Hai Seaproducts Import Export Corporation \20\........         4.57
Ngoc Sinh Private Enterprise \21\..........................         4.57
Nha Trang Fisheries Joint Stock Company \22\...............         4.57
Nha Trang Seaproduct Company \23\..........................         4.57
Pataya Food Industries (Vietnam) Ltd.\24\..................         4.57
Phu Cuong Seafood Processing and Import-Export Company              4.57
 Limited \25\..............................................
Phuong Nam Co. Ltd.\26\....................................         4.57
Sao Ta Foods Joint Stock Company \27\......................         4.57
Soc Trang Aquatic Products and General Import Export                4.57
 Company \28\..............................................
Song Huong ASC Import-Export Company Ltd.\29\..............         4.57
Thuan Phuoc Seafoods and Trading Corporation \30\..........         4.57

[[Page 5155]]

 
UTXI Aquatic Products Processing Company \31\..............         4.57
Viet Foods Co., Ltd.\32\...................................         4.57
Viet Nhan Company..........................................         4.57
Viet Hai Seafood Company Ltd.\33\..........................         4.57
Vinh Loi Import Export Company \34\........................        4.57
------------------------------------------------------------------------
\2\ Also known as Camimex and Camau Seafood Factory No. 4.
\3\ Not a separate rate.
\4\ 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. and Minh Phat.
\5\ Also known as Seaprodex Minh Hai.
\6\ Also known as Amanda VN and Amanda.
\7\ Also known as APT and A.P.T. Co.
\8\ Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries
  Co. Ltd., Bac Lieu Fisheries Limited Company and Bac Lieu Fisheries
  Company Ltd.
\9\ Also known as COFIDEC.
\10\ Also known as Cadovimex.
\11\ Also known as Cam Ranh.
\12\ Also known as Cataco, Duyen Hai Foodstuffs Processing Factory,
  Caseafood, Coseafex and Cantho Seafood Export.
\13\ 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 and Taydo Seafood
  Enterprise.
\14\ Also known as Cuu Long Seapro.
\15\ Also known as Seaprodex Danang, Tho Quang Seafood Processing and
  Export Company and Tho Quang.
\16\ Also known as Seaprodex Hanoi.
\17\ Also known as INCOMFISH, Investment Commerce Fisheries Corp.,
  INCOMFISH CORP. and INCOMFISH CORPORATION.
\18\ 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. and Kien Giang Sea Product Im. & Ex. Co.
\19\ Also known as Minh Hai Jostoco.
\20\ Also known as Seaprimexco.
\21\ Also known as Ngoc Sinh Seafoods, Ngoc Sinh Fisheries, Ngoc Sinh
  Private Enterprises, Ngoc Sinh Seafoods Processing and Trading
  Enterprises and Ngoc Sinh.
\22\ Also known as Nhatrang Fisheries Joint Stock Company, Nha Trang
  Fisco and Nhatrang Fisco.
\23\ Also known as Nha Trang Seafoods.
\24\ Also known as Pataya VN.
\25\ Also known as Phu Cuong Seafood 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. and
  Phu Cuong Seafood Processing Import & Export Company Limited.
\26\ Also known as Phuong Nam Company Limited and Phuong Nam.
\27\ Also known as Fimex VN, Saota Seafood Factory and Sao Ta Seafood
  Factory.
\28\ Also known as STAPIMEX.
\29\ 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 Seafood Import-Export Company, Song Huong
  Seafood Import Export Co., Song Huong Seafood Im-Export Co., SongHuong
  and Songhuong Joint Stock Company.
\30\ Also known as Frozen Seafoods Factory No. 32.
\31\ Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products
  Processing Company and UT-XI Aquatic Products Processing Company.
\32\ Also known as Viet Foods, Nam Hai Exports Food Stuff Limited, Nam
  Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods
  Company Limited and Vietfoods Company Limited.
\33\ 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 and Vietnam Fish-One Company
  Limited.
\34\ Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi
  Import Export Company and Vinh Loi Import-Export Company.

Scope of the Order

    The scope of this order includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\35\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \35\ ``Tails'' in this context means the tail fan, which 
includes the telson and the uropods.
---------------------------------------------------------------------------

    The frozen warmwater shrimp and prawn products included in the 
scope of this investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTS''), are products 
which are processed from warmwater shrimp and prawns through freezing 
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.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS

[[Page 5156]]

subheading 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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS 
subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain 
battered shrimp. Dusted shrimp is a shrimp-based product: (1) That 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) with the entire surface of the shrimp 
flesh thoroughly and evenly coated with the flour; (4) with the non-
shrimp content of the end product constituting between four and 10 
percent of the product's total weight after being dusted, but prior to 
being frozen; and (5) that is subjected to individually quick frozen 
(``IQF'') freezing immediately after application of the dusting layer. 
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.
    The products covered by this investigation are currently classified 
under the following HTS 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, and 1605.20.10.30. These HTS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of this investigation 
is dispositive.

Continuation of Suspension of Liquidation

    Pursuant to 735(c)(1)(B) of the Act, we will instruct CBP to 
continue to suspend liquidation of all entries of certain frozen 
warmwater shrimp and prawns from Vietnam entered, or withdrawn from 
warehouse, for consumption on or after July 16, 2004, the date of 
publication of the Preliminary Determination. CBP 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.
    With regard to canned warmwater shrimp and prawns, CBP shall 
discontinue suspension of liquidation of all shipments of this 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after July 16, 2004. All estimated antidumping duties deposited on 
entries of the canned warmwater shrimp and prawns from Vietnam shall be 
refunded and the bonds or other security released at the time of 
liquidation.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
 [FR Doc. E5-372 Filed 1-31-05; 8:45 am]
BILLING CODE 3510-DS-P