[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Notices]
[Pages 42628-42630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11969]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-552-802
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Partial Rescission of the First Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 27, 2006.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Matthew Renkey, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington D.C. 20230; telephone: (202) 482-
3797 and (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2006, the Department published in the Federal Register
a notice of initiation listing 84 firms for which it received timely
requests for an administrative review of this antidumping duty order.
See Notice of Initiation of Administrative Reviews of the Antidumping
Duty Orders on Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam and the People's Republic of China, 71 FR 17813
(April 7, 2006) (``Initiation Notice''). The period of review (POR) is
July 16, 2004 through January 31, 2006.
On May 3, 2006, the following Respondents withdrew their review
requests: Sao Ta Foods Joint Stock company, Fimex VN, and Sao Ta
Seafood Factory (collectively, Fimex); Phuong Nam Co., Ltd.; and
Vietnam Fish One Co., Ltd.
On June 2, 2006, Petitioner\1\ withdrew its request for an
administrative review of 27 companies, some of which were duplicate
names:\2\ Cai Doi Vam Seafood Import-Export Company (Cadovimex); Camau
Frozen Seafood Processing Import Export Corporation (Camimex); Cantho
Animal Fisheries Product Processing Export Enterprise (Cafatex);
Coastal Fishery Development;[ast] Coastal Fisheries Development
Corporation (Cofidec);[ast] C P Vietnam Livestock Co. Ltd.;[ast] C P
Livestock;[ast] Cuu Long Seaproducts Limited (Cuulong Seapro); Danang
Seaproducts Import Export Corporation (Seaprodex Danang); Frozen
Seafoods Fty; Minh Hai Export Frozen Seafood Processing Joint Stock
Company;[ast] Minh Hai Export Frozen Seafoods Processing Joint Stock
Company (Minh Hai Jostoco);[ast] Minh Hai Joint Stock Seafoods
Processing Company (Seaprodex Minh Hai); Minh Hai Sea Products Import
Export Company (Seaprimiex Co); Minh Phat Seafood;[ast] Minh Phu
Seafood Corporation;[ast] Minh Qui Seafood;[ast] Ngoc Sinh Seafoods;
Nha Trang Seaproduct Company (Nhatrang Seafoods); Phu Cuong Seafood
Processing and Import Export Company Ltd. (Phu Cuong); Soc Trang
Aquatic Products and General Import Export Company (Stapimex);[ast] Soc
Trang Aquatic Products and General Import Export Company (Stapimex)-
2\nd\ address;[ast] Tho Quang Seafood Processing & Export Company (Tho
Quang); Thuan Phuoc Seafoods and Trading Corporation (Thuan Phuoc);
UTXI Aquatic Products Processing Company; Viet Foods Co. Ltd.; and Vinh
Loi Import Export Company (Vimexco).
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\1\ Ad Hoc Shrimp Trade Action Committee (``Petitioner'').
\2\ The companies which have a ``[ast]'' attached to their names
are duplicate companies. Specifically, Coastal Fishery Development
is the same as Coastal Fisheries Development Corporation (Cofidec);
C P Vietnam Livestock Co. Ltd. is the same as C P Livestock; Minh
Hai Export Frozen Seafood Processing Joint Stock Company is the same
as Minh Hai Export Frozen Seafoods Processing Joint Stock Company
(Minh Hai Jostoco); Minh Phat Seafood, Minh Phu Seafood Corporation,
and Minh Qui Seafood are collectively known as Minh Phu Group; Soc
Trang Aquatic Products and General Import Export Company (Stapimex)
is the same as Soc Trang Aquatic Products and General Import Export
Company (Stapimex)- 2\nd\ address.
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On June 9, 2006, Petitioner withdrew its request for an
administrative review on seven additional companies:\3\ Agrimex;
Hacota; Hoa Nam Marine Agricultural; Pataya Food Industry (Vietnam)
Ltd. (Pataya); Seafood Processing Imports Exports Vietnam; Thien Ma
Seafood; and Vita.
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\3\ None of these companies are duplicate names. However, two of
these companies (i.e., Thien Ma Seafood and Pataya) claimed that
they made no shipments of the subject merchandise to the United
States during the POR. See the Partial Rescission Section below for
further discussion.
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On June 20, 2006, Petitioner withdrew its request for an
administrative review on one additional company, Amanda Foods (Vietnam)
Ltd. (AVF), and on June 29, 2006, Petitioner withdrew its request for
review for three companies appearing in its review request letter of
February 28, 2006: Phuong Nam Co.
[[Page 42629]]
Ltd.; Phuong Nam Seafood Co. Ltd.[ast];and Sao Ta Foods Joint Stock
Company (Fimex VN). On June 30, 2006, Petitioner withdrew its review
request for Can Tho Agricultural and Animal Products Import Export
Company (Cataco), and Cataco withdrew its own request for review on
July 3, 2006. On July 6, 2006, Cataco clarified that during the POR, it
also exported under the name Can Tho Seafood Export, and that its
withdrawal letter also covers that name.
Also on July 6, 2006, Petitioner withdrew its review requests for
29 additional companies: AAAS Logistics; American Container Line;
Angiang Agricultural Technology Service Company; An Giang Fisheries
Import and Export Joint Stock Company (Agifish); Bentre Frozen
Aquaproduct Exports; Bentre Aquaproduct Imports & Exports; Can Tho
Agricultural Products; Can Tho Seafood Exports; Cautre Enterprises;
Dong Phuc Huynh; General Imports & Exports; Grobest & I Mei Industry
Vietnam (Grobest); Hai Thuan Export Seaproducts Processing Co. Ltd.;
Hai Viet; Hatrang Frozen Seaproduct Fty; Khanh Loi Trading; Kim Anh Co.
Ltd.; Lamson Import-Export Foodstuffs Corporation; Saigon Orchide; Sea
Product; Sonacos; Special Aquatic Products Joint Stock Company
(Seaspimex); Tacvan Frozen Seafoods Processing Export Company; Thami
Shipping & Airfreight; Thanh Long; Tourism Material and Equipment
Company (Matourimex Hochiminh City Branch); Truc An Company; Vietnam
Northern Viking Technologie Co. Ltd.; and Vilfood Co.
Partial Rescission
Pursuant to section 351.213(d)(1) of the Department's regulations,
the Secretary will rescind an administrative review, in whole or in
part, if a party who requested the review withdraws the request within
ninety days of the date of publication of notice of initiation of the
requested review.
Because the Petitioner's and certain Respondent's requests were
timely, in accordance with section 351.213(d)(1) of the Department's
regulations, we are rescinding this review with respect to the
following 34 companies: AVF; Cadovimex; Camimex; Cafatex; Cataco; Can
Tho Seafood Exports[ast]; Coastal Fishery Development; Cofidec; C P
Vietnam Livestock Co. Ltd.; C P Livestock; Cuulong Seapro; Seaprodex
Danang; Fimex VN; Frozen Seafoods Fty\4\; Minh Hai Export Frozen
Seafood Processing Joint Stock Company; Minh Hai Jostoco; Seaprodex
Minh Hai; Seaprimiex Co; Minh Phat; Minh Phu; Minh Qui; Ngoc Sinh
Seafoods (aka Ngoc Sinh Private Enterprise); Nhatrang Seafoods; Phuong
Nam Co. Ltd.; Phuong Nam Seafood Co. Ltd.[ast]; Phu Cuong; Stapimex
(both addresses); Tho Quang\5\; Thuan Phuoc Seafoods and Trading
Corporation; UTXI Aquatic Products Processing Company; Viet Foods Co.
Ltd.; Vimexco; and Pataya. We are not rescinding the review with
respect to Vietnam Fish One Co., Ltd. since Petitioners still have an
active review request for that company.
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\4\ Frozen Seafoods Fty is a subsidiary of Thuan Phuoc. We note
that the full name of this company is Frozen Seafoods Factory No.
32. The Department included Frozen Seafoods Fty as part of the Thuan
Phuoc entity when granting that entity separate rate status in the
original investigation. See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 70
FR 5152 (February 1, 2005). In its separate rate certification filed
on April 28, 2006, Thuan Phuoc reported that this relationship
remained unchanged during the POR.
\5\ Tho Quang is a subsidiary of Seaprodex Danang. The
Department included Tho Quang as part of the Seaprodex Danang entity
when granting that entity separate rate status in the original
investigation. Id. In its separate rate certification filed on May
5, 2006, Seaprodex Danang reported that this relationship remained
unchanged during the POR.
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In addition, the Department is rescinding this review with respect
to the following 34 additional companies which did not receive a
separate rate in the prior segment (the less-than-fair-value
investigation) of this proceeding: Agrimex; Hacota; Hoa Nam Marine
Agricultural; Seafood Processing Imports Exports Vietnam; Vita; AAAS
Logistics; American Container Line; Angiang Agricultural Technology
Service Company; Agifish; Bentre Frozen Aquaproduct Exports; Bentre
Aquaproduct Imports & Exports[ast]; Can Tho Agricultural Products;
Cautre Enterprises; Dong Phuc Huynh; General Imports & Exports;
Grobest; Hai Thuan Export Seaproducts Processing Co. Ltd.; Hai Viet;
Hatrang Frozen Seaproduct Fty; Kim Anh Co. Ltd.; Lamson Import-Export
Foodstuffs Corporation; Saigon Orchide; Sea Product; Sonacos;
Seaspimex; Tacvan Frozen Seafoods Processing Export Company; Thami
Shipping & Airfreight; Thanh Long; Matourimex Hochiminh City Branch;
Truc An Company; Vietnam Northern Viking Technologie Co. Ltd.; Thien Ma
Seafood; Khanh Loi Trading; and Vilfood Co. For purposes of initiation
of this administrative review, the Department accepted requests for
review of these entities based upon the premise that such entities
would seek to demonstrate in this review that they were, in law and in
fact, separate from the Vietnam-wide entity, and therefore entitled to
a rate separate from the rate established for the Vietnam-wide entity.
However, as the requests for review of these entities have been
withdrawn, these entities may be subject to this review as part of the
single Vietnam-wide entity. Therefore, the Department will provide
assessment instructions to the U.S. Customs and Border Protection
(``CBP'') for these entities after the final results of this
administrative review.
Assessment Rates
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For those companies for which this review has
been rescinded, antidumping duties shall be assessed at rates equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate
assessment instructions directly to CBP within 15 days of publication
of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
[[Page 42630]]
Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc.E6-11969 Filed 7-26-06; 8:45 am]
BILLING CODE 3510-DS-S