[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53701-53703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25209]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-802


Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 15, 2009, the Department of Commerce 
(``Department'') published the final results and final partial 
rescission of the antidumping duty administrative review of the 
antidumping duty order on certain frozen warmwater shrimp from the 
Socialist Republic of Vietnam (``Vietnam'') covering the period 
February 1, 2007, through January 31, 2008. See Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
74 FR 47191 (September 15, 2009) (``Final Results''). Pursuant to 
section 751(h) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.224(e), we are amending the Final Results to correct a 
ministerial error in the name assigned to a respondent not selected for 
individual examination, Thuan Phuoc Seafoods and Trading Corporation, 
that received a separate rate.

EFFECTIVE DATE: October 20, 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, NW, 
Washington DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2009, Minh Hai Export Frozen Seafood Processing 
Joint-Stock Company, Soc Trang Seafood Joint Stock Company, Bac Lieu 
Fisheries Joint Stock Company, Thuan Phuoc Seafoods and Trading 
Corporation, and UTXI Aquatic Products Processing Corporation 
(collectively, ``SR respondents'') filed timely allegations, pursuant 
to 19 CFR 351.224(c)(1), that the Department made ministerial errors 
regarding the respective company names listed in the Final Results. No 
other interested parties filed ministerial error allegations or 
rebuttals to the SR respondents' ministerial error allegation.
    The SR respondents allege that the Department made a ministerial 
error with respect to the names listed in the ``Final Results of 
Review'' section of the Final Results. Specifically, Soc Trang Seafood 
Joint Stock Company claims that the Department inadvertently omitted 
the claimed ``doing-business-as'' (``dba'') name of ``STAPIMEX'' from 
the Final Results. Thuan Phuoc Seafoods and Trading Corporation argues 
that its name abbreviated as ``Thuan Phuoc JSC'' in the Final Results 
is not a dba name actually used by the company. Additionally, Thuan 
Phuoc Seafoods and Trading Corporation argues that the Department 
omitted six other dba names from the Final Results.\1\ UTXI Aquatic 
Products Processing Corporation argues that the Department made a 
ministerial error in the Final Results by omitting the following dba 
names: UTXI, UTXI Co. Ltd., Khanh Loi Seafood Factory, and Hoang Phuong 
Seafood Factory. Lastly, Minh Hai Export Frozen Seafood Processing 
Joint-Stock Company argues that the Department omitted the abbreviation 
``Minh Hai Export-Jostoco'' from the Final Results.
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    \1\ Thuan Phuoc, Frozen Seafoods Factory No. 32, Frozen Seafoods 
Fty, Frozen Seafoods Factory 32, Seafoods and Foodstuff Factory, and 
My Son Seafood Factory.
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Amended Final Results of Review

    A ministerial error, as defined in section 751(h) of the Act, 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the {Secretary{time}  considers ministerial.'' See also 19 CFR 
351.224(f). After analyzing the SR respondents' allegations, we have 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), that the Department made a ministerial error in the Final 
Results by unintentionally assigning to Thuan Phuoc Seafoods and 
Trading Corporation an abbreviated form of its name, ``Thuan Phuoc 
JSC,'' that was not used by the company as a trade name.\2\ Therefore, 
we are amending the final results of administrative review of certain 
frozen warmwater shrimp from Vietnam for the period February 1, 2007, 
through January 31, 2008, to remove ``Thuan Phuoc JSC'' as an 
abbreviation of SR respondent, Thuan Phuoc Seafoods and Trading 
Corporation. Although we disagree that we made ministerial errors with 
respect to the other allegations referenced above, for clarification we 
will include dba names in these amended final results. For further 
explanation of our reasons, see Amended Final Memo. The weighted-
average percentage dumping margins have not changed from the Final 
Results for any companies:
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    \2\``For a detailed explanation, see ``Memorandum to James C. 
Doyle, Director, Office 9, through Catherine Bertrand, Program 
Manager, Office 9, from Irene Gorelik, Senior Analyst, Office 9; 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Allegation of Ministerial Error in the Final Results of the 
Third Administrative Review,'' dated concurrently with the signature 
date of this notice (``Amended Final Memo''). In the Amended Final 
Memo, the Department also addresses the ministerial error 
allegations brought by Minh Hai Export Frozen Seafood Processing 
Joint-Stock Company, Soc Trang Seafood Joint Stock Company, Bac Lieu 
Fisheries Joint Stock Company, and UTXI Aquatic Products Processing 
Corporation.

[[Page 53702]]



              Certain Frozen Warmwater Shrimp from Vietnam
------------------------------------------------------------------------
                                               Weighted-Average Margin
           Manufacturer/Exporter                      (Percent)
------------------------------------------------------------------------
Thuan Phuoc Seafoods and Trading
 Corporation\3\ aka,......................
  Frozen Seafoods Factory No. 32, aka,....
  Frozen Seafoods Fty, aka,...............
  Thuan Phuoc, aka........................
  Frozen Seafoods Factory 32, aka.........
  Seafoods and Foodstuff Factory, aka.....
  My Son Seafoods Factory.................                        4.57 %
Minh Hai Export Frozen Seafood Processing
 Joint Stock Company, aka.................
  Minh Hai Jostoco, aka...................
  Minh Hai Export Frozen Seafood
   Processing Joint-Stock Company (``Minh
   Hai Jostoco''), aka....................
  Minh Hai Export Frozen Seafood
   Processing Joint-Stock Company, aka....
  Minh Hai Joint Stock Seafood Processing
   Joint-Stock Company, aka...............
  Minh Hai Export Frozen Seafood
   Processing Joint-Stock Co., aka........
  Minh Hai Export Frozen Seafood                                  4.57 %
   Processing Joint-Stock Company Minh Hai
   Jostoco................................
Soc Trang Seafood Joint Stock Company\4\,
 aka......................................
  STAPIMEX................................                        4.57 %
UTXI Aquatic Products Processing
 Corporation\5\, aka......................
  UTXI, aka...............................
  UTXI Co. Ltd., aka......................
  UTXICO..................................
  Khanh Loi Seafood Factory, aka..........
  Hoang Phuong Seafood Factory............                        4.57 %
Vietnam-Wide Rate\6\......................                       25.76 %
------------------------------------------------------------------------
\3\ This company, via a CCR, has assumed the separate rate for the
  former entity and all other trade names associated with the former
  entity that had also been previously granted separate rate status. See
  Frozen Warmwater Shrimp From Vietnam: Notice of Final Results of
  Antidumping Duty Changed Circumstances Reviews, 74 FR 42050 (August
  20, 2009) (``Vietnam Shrimp CCR Final''); see also Final Results and
  accompanying Issues and Decision Memorandum at Comment 17.
\4\ This company, via a CCR, has assumed the separate rate for the
  former entity and all other trade names associated with the former
  entity that had also been previously granted separate rate status.
  See Vietnam Shrimp CCR Final; see also Final Results and accompanying
  Issues and Decision Memorandum at Comment 17.
\5\ This company, via a CCR, has assumed the separate rate for the
  former entity and all other trade names associated with the former
  entity that had also been previously granted separate rate status. See
  Vietnam Shrimp CCR Final; see also Final Results and accompanying
  Issues and Decision Memorandum at Comment 17.
\6\ The Vietnam-wide entity includes: AAAS Logistics; Agrimex; Amerasian
  Shipping Logistics Corp.; American Container Line; An Giang Fisheries
  Import and Export Joint Stock Company (Agifish); An Xuyen; Angiang
  Agricultural; Technology Service Company; Aquatic Products Trading
  Company; Bentre Aquaproduct Imports & Exports; Bentre Forestry and
  Aquaproduct Import-Export Company (``FAQUIMEX''); Bentre Frozen
  Aquaproduct Exports; Bentre Seafood Joint Stock; Beseaco, Binh Dinh
  Fishery Joint Stock; Cantho Import-Export Seafood Joint Stock
  Company(``Caseamex''); Can Tho Import Export Fishery Limited Company
  (``CAFISH``); Ca Mau Seaproducts Exploitation and Service Corporation
  (``SES''); Camau Seafood Fty; Can Tho Seafood Exports; Cautre
  Enterprises; Chun Cheng Da Nang Co., Ltd.; Co Hieu; Cong Ty Do Hop
  Viet Cuong; Dao Van Manh; Dong Phuc Huynh; Dragon Waves Frozen Food
  Fty.; Duyen Hai Bac Lieu Company (``T.K. Co.''); Duyen Hai Foodstuffs
  Processing Factory (``COSEAFEX''); General Imports & Exports; Hacota;
  Hai Ha Private Enterprise; Hai Thuan Export Seaproduct Processing Co.,
  Ltd. ; Hai Viet; Hai Viet Corporation (``HAVICO''); Hanoi Seaproducts
  Import Export Corporation (``Seaprodex Hanoi''); Seaprodex Hanoi;
  Hatrang Frozen Seaproduct Fty; Hoa Nam Marine Agricultural; Hoan An
  Fishery; Hoan Vu Marine Product Co., Ltd.; Hua Heong Food Ind Vietnam;
  Khanh Loi Trading; Kien Gang Sea Products Import - Export Company
  (Kisimex); Kien Gang Seaproduct Import and Export Company
  (``KISIMEX''); Konoike Vinatrans Logistics; Lamson Import-Export
  Foodstuffs Corporation; Long An Food Processing Export Joint Stock
  Company (``LAFOOCO''); Lucky Shing; Nam Hai; Nha Trang Company
  Limited; Nha Trang Fisheries Co. Ltd.; Pataya Food Industry (Vietnam)
  Ltd.; Phat Loc Seafood; Phung Hung Private Business; Saigon Orchide;
  Sea Product; Sea Products Imports & Exports; Seafood Company Zone II
  (``Thusaco2''); Seafood Processing Joint Stock Company No.9
  (previously Seafood Processing Imports Exports); Seafoods and
  Foodstuff Factory; Seaprodex; Seaprodex Quang Tri; Sonacos; Song Huong
  ASC Import-Export Company Ltd.; Song Huong ASC Joint Stock Company;
  Special Aquatic Products Joint Stock Company (``Seaspimex''); SSC; T &
  T Co., Ltd.; Tacvan Frozen Seafoods Processing Export Company; Thami
  Shipping & Airfreight; Thang Long; Thanh Long; Thanh Doan Seaproducts
  Import; Thien Ma Seafood; Tourism Material and Equipment Company
  (Matourimex Hochiminh City Branch); Truc An Company; Trung Duc
  Fisheries Private Enterprise; V N Seafoods; Vien Thang Private
  Enterprise; Viet Nhan Company; Vietfracht Can Tho; Vietnam Northern
  Viking Technologie Co.; Vietnam Northern Viking Technology Co. Ltd.;
  Vietnam Tomec Co., Ltd.; Vilfood Co.; and Vita.

Assessment Rate

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
Final Results. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
the amended final results of the administrative review.

Cash Deposit Requirements

    The following deposit rates will be effective retroactively on any 
entries made on or after September 15, 2009, the date of publication of 
the Final Results, for all shipments of certain frozen warmwater shrimp 
from Vietnam entered, or withdrawn from warehouse, for consumption on 
or after the publication date, as provided by section 751(a)(2)(C) of 
the Act: (1) For the exporters listed above, the cash deposit rate will 
be established in these amended final results of review (except, if the 
rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash 
deposit rate will be required for that company); (2) for previously 
investigated or reviewed Vietnamese and non-Vietnamese exporters not 
listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all Vietnamese exporters of subject merchandise which 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be the Vietnamese-wide rate of 25.76 percent; and (4) for all 
non-Vietnamese

[[Page 53703]]

exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a final reminder to importers 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 antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

Notification of Interested Parties

    This notice serves as a final reminder to importers 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 the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    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 as explained in the administrative protective order itself. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-25209 Filed 10-19-09; 8:45 am]
BILLING CODE 3510-DS-S