[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Page 13416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6908]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-802


Certain 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: March 27, 2009.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain frozen warmwater shrimp (``shrimp'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on February 26, 
2009, meets the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for this NSR is February 1, 2008 January 
31, 2009.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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: 202-482-6905.

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 26, 2009, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``Act''), and 19 CFR 351.214(c), the 
Department received a NSR request from Nhat Duc Co., Ltd. (``Nhat 
Duc''). Nhat Duc certified that it produces and exports the subject 
merchandise upon which the request was based. On March 3, 2009, Nhat 
Duc resubmitted the public version of its February 26, 2009, request 
because of bracketing errors. See Nhat Duc's revised public version, 
dated March 3, 2009.
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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 
28, 2009. See 19 CFR 351.214(d)(1).
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Nhat Duc 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), Nhat Duc 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), Nhat Duc 
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), Nhat Duc submitted documentation establishing 
the following: (1) the date on which Nhat Duc 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 
Nhat Duc'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 Nhat Duc.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Nhat Duc meets the threshold 
requirements for initiation of a NSR for the shipment of shrimp from 
Vietnam it produced and exported. See ``Memorandum to File through 
James C. Doyle, Director, Office 9 from Catherine Bertrand, Program 
Manager, Office 9; Re: Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Initiation of AD New Shipper Review for 
Nhat Duc Co., Ltd.,'' dated March 20, 2009.
    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 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 Nhat Duc 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 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-6908 Filed 3-26-09; 8:45 am]
BILLING CODE 3510-DS-S