[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Pages 18510-18511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7084]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-802


Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Initiation of Antidumping Duty New Shipper Review

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

EFFECTIVE DATE: April 4, 2008.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on frozen warmwater shrimp (``shrimp'') from the Socialist 
Republic of Vietnam (``Vietnam''), received on February 27, 2008, meets 
the statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is February 1, 2007 January 31, 2008.

FOR FURTHER INFORMATION CONTACT: Mark Manning or Howard Smith, 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-
5253 and 202-482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on shrimp from 
Vietnam was published in the Federal Register on February 1, 2005. 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).\1\ On 
February 27, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.214(c), the 
Department received a NSR request from BIM Seafood Joint Stock Company 
(``BIM Seafood''). BIM Seafood certified that it produces and exports 
the subject merchandise upon which the request was based.
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    \1\ Therefore, a request for a NSR based on the annual 
anniversary month, February, was due to the Department by February 
29, 2008. See 19 CFR 351.214(d)(1).
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    On February 29, 2008, the Department issued BIM Seafood a letter 
requesting that it resubmit the public version of its February 27, 
2008, request. See the Department's February 29, 2008, letter to BIM 
Seafood. On March 4, 2008, BIM Seafood submitted a proper public 
version, pursuant to 19 CFR 351.304(c)(1).
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), BIM Seafood certified that it did not export shrimp 
to the United States during the period of investigation (``POI''). In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), BIM Seafood certified that, since the initiation 
of the investigation, it has never been affiliated with any Vietnamese 
exporter or producer who exported shrimp to the United States during 
the POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), BIM Seafood 
also certified that its export activities were not controlled by the 
central government of Vietnam.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), BIM Seafood submitted documentation establishing 
the following: (1) the date on which BIM Seafood first shipped shrimp 
for export to the United States and the date on which the shrimp were 
first entered, or withdrawn from warehouse, for consumption; (2) the 
volume of its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.
    The Department conducted United States Customs and Border 
Protection (``CBP'') database queries in an attempt to confirm that BIM 
Seafood's shipments of subject merchandise had entered the United 
States for consumption and that liquidation of such entries had been 
properly suspended for antidumping duties. The Department also examined 
whether the CBP data confirmed that such entries were made during the 
NSR POR. The information we examined was consistent with that provided 
by BIM Seafood.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that BIM Seafood meets the 
threshold requirements for initiation of a NSR for the shipment of 
shrimp from Vietnam it produced and exported. See ``Memorandum to File 
from Javier Barrientos, Senior Case Analyst, Certain Warmwater Shrimp 
from the Socialist Republic of Vietnam: Initiation of AD New Shipper 
Review for BIM Seafood Joint Stock Company,'' (March 26, 2008).
    The Department intends to issue the preliminary results of this NSR 
no later than 180 days from the date of initiation, and final results 
no later than

[[Page 18511]]

270 days from the date of initiation. See section 751(a)(2)(B)(iv) of 
the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (``H.R. 4'') 
was signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews. Therefore, 
the posting of a bond under section 751(a)(B)(iii) of the Act in lieu 
of a cash deposit is not available in this case. Importers of shrimp 
from Vietnam manufactured and/or exported by BIM Seafood must continue 
to post cash deposits of estimated antidumping duties on each entry of 
subject merchandise at the current Vietnam-wide rate of 25.76 percent.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: March 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-7084 Filed 4-3-08; 8:45 am]
BILLING CODE 3510-DS-S