[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15699-15703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05669]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 
2011-2012

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') 
for the period of review (``POR'') February 1, 2011, through January 
31, 2012. The Department has preliminarily determined that sales by the 
Minh Phu Group,\1\ and Nha Trang Seafoods,\2\ the two mandatory 
respondents, and Quoc Viet,\3\ the voluntary respondent, have not been 
made below normal value (``NV''). Additionally, the Department has 
preliminarily determined not to revoke the order in part, with respect 
to Nha Trang Seafoods.\4\
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    \1\ Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., 
Minh Phat Seafood Co., Ltd. (collectively, the ``Minh Phu Group'').
    \2\ Nha Trang Seaproduct Company and its affiliates, NT Seafoods 
Corporation, Nhatrang Seafoods-F.89 Joint Stock Company, and NTSF 
Seafoods Joint Stock Company (collectively, the ``Nha Trang 
Seafoods'').
    \3\ Quoc Viet Seaproducts Processing Trading and Import-Export 
Co., Ltd. (``Quoc Viet'').
    \4\ See ``Decision Memorandum for Preliminary Results for the 
Antidumping Duty Administrative Review of Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam,'' (``Preliminary 
Decision Memorandum'') from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Import Administration, dated 
concurrently with these results at 5.

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DATES: Effective Date: March 12, 2013.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, Irene Gorelik, and Alan 
Ray, AD/CVD Operations, Office 9, Import Administration, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9068, (202) 482-6905, and (202) 482-5403, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff

[[Page 15700]]

Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 
0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 
0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 
0306.17.00.40, 1605.21.10.30, and 1605.29.10.10.\5\ Although the HTSUS 
numbers are provided for convenience and for customs purposes, the 
written product description, available in Certain Frozen Warmwater 
Shrimp From Brazil, India, the People's Republic of China, Thailand, 
and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders 
in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011), 
remains dispositive.
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    \5\ See Preliminary Decision Memorandum for a complete 
description of the scope of the order.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). 
Constructed export prices and export prices have been calculated in 
accordance with section 772 of the Act. Because Vietnam is a nonmarket 
economy within the meaning of section 771(18) of the Act, normal value 
has been calculated in accordance with section 773(c). Specifically, 
the mandatory and voluntary respondent's factors of production have 
been valued with prices from Indonesia, which is economically 
comparable to Vietnam and is a significant producer of comparable 
merchandise.
    For a full description of the methodology underlying our 
conclusions, please see Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Intent Not To Revoke Order in Part

    We preliminarily determine \6\ not to revoke in part the order with 
respect to Nha Trang Seafoods, under section 751 of the Act, because we 
preliminarily find that Nha Trang Seafoods has not satisfied the 
requirements of 19 CFR 351.222(b).\7\
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    \6\ See Preliminary Decision Memorandum.
    \7\ The Department recently modified the section of its 
regulations concerning the revocation of antidumping and 
countervailing duty orders in whole or in part, but that 
modification does not apply to this administrative review. See 
Modification to Regulation Concerning the Revocation of Antidumping 
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). 
Reference to 19 CFR 351.222(b) thus refers to the Department's 
regulations prior to the modification.
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Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to the Minh Phu Group.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:
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    \8\ In AR6 VN Shrimp, the Department found the companies 
comprising the Minh Phu Group are a single entity and, because there 
have been no changes to this determination since the sixth 
administrative review; we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Frozen Warmwater Shrimp 
From the Socialist Republic of Vietnam: Preliminary Results of 
Administrative Review, 77 FR 13547, 13549 (March 7, 2012), unchanged 
in Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review, 77 FR 55800 (September 11, 2012) (``AR6 
VN Shrimp'').
    \9\ In AR5 VN Shrimp, the Department found the companies 
comprising Nha Trang Seafoods are a single entity and, because there 
have been no changes to this determination since the fifth 
administrative review; we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Frozen Warmwater Shrimp 
From the Socialist Republic of Vietnam: Preliminary Results, Partial 
Rescission, and Request for Revocation, In Part, of the Fifth 
Administrative Review, 76 FR 12054, 12056 (March 4, 2012), unchanged 
in Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review, 76 FR 56158 (September 12, 2011) (``AR5 
VN Shrimp'').
    \10\ The Department selected Quoc Viet Seaproducts Processing 
Trading and Import-Export Co., Ltd. as a voluntary respondent in 
this review. See Preliminary Decision Memorandum, at 3.

------------------------------------------------------------------------
                                                                Simple
                                                                average
                          Exporter                              margin
                                                               (percent)
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Minh Phu Group: \8\.........................................        0.00
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, aka
Minh Phu Hau Giang Seafood Co., Ltd., aka
Minh Phat Seafood Co., Ltd., aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui Seafood
Nha Trang Seafoods: \9\.....................................        0.00
Nha Trang Seaproducts Company, aka
Nha Trang Seafoods, aka
NT Seafoods Corporation, aka
NT Seafoods, aka
Nha Trang Seafoods--F.89 Joint Stock Company, aka
Nha Trang Seafoods--F.89, aka
NTSF Seafoods Joint Stock Company, aka
NTSF Seafoods
Quoc Viet Seaproducts Processing Trading and Import-Export          0.00
 Co., Ltd.\10\..............................................
Bac Lieu Fisheries Joint Stock Company, aka.................        0.00
Bac Lieu Fisheries Company Limited, aka
Bac Lieu Fisheries Co., Ltd., aka
Bac Lieu Fisheries Limited Company, aka
Bac Lieu Fis

[[Page 15701]]

 
BIM Seafood Joint Stock Company.............................        0.00
Camau Frozen Seafood Processing Import Export Corporation,          0.00
 aka........................................................
Camimex, aka
Camau Seafood Factory No. 4, aka
Camau Seafood Factory No. 5, aka
Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX-
 FAC 25), aka
Frozen Factory No. 4
C.P. Vietnam Corporation, aka...............................        0.00
C.P. Vietnam Livestock Corporation, aka
C.P. Vietnam Livestock Company Limited, aka
C.P. Vietnam Livestock Co., Ltd., aka
C.P. Vietnam
Cadovimex Seafood Import-Export and Processing Joint Stock          0.00
 Company, aka...............................................
Cai Doi Vam Seafood Import-Export Company, aka
Caidoivam Seafood Company, aka
Cadovimex-Vietnam, aka
Cadovimex
Cafatex Fishery Joint Stock Corporation, aka................        0.00
Cafatex Corporation, aka
Cafatex Corp., aka
Cafatex, aka
Cantho Animal Fisheries Product Processing Export Enterprise
 (Cafatex), aka
Cafatex, aka
Taydo Seafood Enterprise, aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho
Can Tho Import Export Fishery Limited Company, aka..........        0.00
CAFISH
Coastal Fisheries Development Corporation, aka..............        0.00
COFIDEC, aka
Coastal Fisheries Development Corp., aka
Coastal Fisheries Development Co. aka
Coastal Fisheries Development
Cuu Long Seaproducts Company, aka...........................        0.00
Cuu Long Seaproducts Limited, aka
Cuulong Seapro aka
Cuu Long Seapro
Danang Seaproducts Import Export Corporation, aka...........        0.00
Danang Sea Products Import Export Corporation, aka
Danang Seaproduct Import-Export Corporation, aka
Danang Seaproducts Import Export, aka
Tho Quang Seafood Processing & Export Company, aka
Tho Quang Seafood Processing and Export Company, aka
Tho Quang, aka
Tho Quang Co., aka
Seaprodex Danang
Viet I-Mei Frozen Foods Co., Ltd., aka......................        0.00
Grobest & I-Mei Industrial (Vietnam) Co., Ltd., aka
Grobest & I-Mei Industry (Vietnam) Co., Ltd., aka
Grobest
Gallant Ocean (Vietnam) Co., Ltd., aka......................        0.00
Gallant Ocean (Quang Ngai) Co., Ltd.
Investment Commerce Fisheries Corporation, aka..............        0.00
Investment Commerce Fisheries Corp., aka
Investment Commerce Fisheries, aka
Incomfish, aka
Incomfish Corp., aka
Incomfish Corporation
Kim Anh Company Limited, aka................................        0.00
Kim Anh Co, Ltd.
Minh Hai Export Frozen Seafood Processing Joint-Stock               0.00
 Company, aka...............................................
Minh Hai Jostoco, aka
Minh Hai Export Frozen Seafood Processing Joint Stock
 Company, aka
Minh Hai Export Frozen Seafood Processing Joint-Stock Co.,
 aka
Minh-Hai Export Frozen Seafood Processing Joint-Stock
 Company
Minh Hai Joint-Stock Seafoods Processing Company, aka.......        0.00
Seaprodex Minh Hai, aka
Sea Minh Hai, aka
Seaprodex Min Hai, aka
Seaprodex Minh Hai-Factory No. 78, aka
Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing
 Co.), aka
Seaprodex Minh Hai (Workshop 1), aka

[[Page 15702]]

 
Seaprodex Minh Hai Factory No. 69
Minh Hai Sea Products Import Export Company, aka............        0.00
Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam aka
Seaprimexco aka
Minh Hai Seaproducts Co Ltd.
Ngoc Sinh Private Enterprise, aka...........................        0.00
Ngoc Sinh Private Enterprises, aka
Ngoc Sinh Seafoods, aka
Ngoc Sinh Seafoods Processing and Trading Enterprises, aka
Ngoc Sinh Seafood Processing Company, aka
Ngoc Sinh Seafoods (Private Enterprise), aka
Ngoc Sinh Fisheries, aka
Ngoc Sinh
Ngoc Tri Seafood Joint Stock Company........................        0.00
Nhat Duc Co., Ltd., aka.....................................        0.00
Nhat Duc
Nha Trang Fisheries Joint Stock Company, aka................        0.00
Nha Trang Fisco aka
Nhatrang Fisheries Joint Stock Company, aka
Nhatrang Fisco, aka
Nha Trang Fisheries, Joint Stock
Phu Cuong Jostoco Seafood Corporation, aka..................        0.00
Phu Cuong Seafood Processing and Import-Export Co., Ltd.,
 aka
Phu Cuong Seafood Processing and Import Export Company
 Limited, aka
Phu Cuong Jostoco Seafood Corp.
Phuong Nam Foodstuff Corp. aka..............................        0.00
Phuong Nam, aka
Phuong Nam Co., Ltd., aka
Western Seafood Processing and Exporting Factory, aka
Western Seafood
Sao Ta Foods Joint Stock Company, aka.......................        0.00
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory
Seavina Joint Stock Company, aka............................        0.00
Seavina
Soc Trang Seafood Joint Stock Company, aka..................        0.00
Stapimex, aka
Soc Trang Aquatic Products and General Import Export
 Company, aka
Stapimex Soc Trans Aquatic Products and General Import
 Export Company, aka
Stapmex
Thuan Phuoc Seafoods and Trading Corporation, aka...........        0.00
Thuan Phuoc Corp., aka
Frozen Seafoods Factory No. 32, aka
Seafoods and Foodstuff Factory, aka
Seafoods and Foodstuff Factory Vietnam, aka
My Son Seafoods Factory
UTXI Aquatic Products Processing Corporation, aka...........        0.00
UT XI Aquatic Products Processing Corporation, aka
UTXI Aquatic Products Processing Company, aka
UT XI Aquatic Products Processing Company, aka
UTXI Co. Ltd., aka
UTXI, aka
Hoang Phuong Seafood Factory, aka
Hoang Phong Seafood Factory, aka
UTXICO
Viet Foods Co., Ltd., aka...................................        0.00
Nam Hai Foodstuff and Export Company Ltd.
Viet Hai Seafood Co., Ltd., aka.............................        0.00
Vietnam Fish One Co., Ltd., aka
Fish One
Vietnam-wide Entity.........................................       25.76
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Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. Interested parties, who wish to request a hearing, or 
to participate if one is requested, must submit a written request to 
the Assistant Secretary for Import Administration, U.S. Department of 
Commerce, filed electronically using IA ACCESS. An electronically filed

[[Page 15703]]

document must be received successfully in its entirety in IA ACCESS, by 
5 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\11\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
will inform parties of the scheduled date for the hearing which will be 
held at the U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230, at a time and location to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing. Interested parties are invited to comment on 
the preliminary results of this review.
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    \11\ See 19 CFR 351.310(c).
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    Because, as noted above, the Department intends to verify the 
information upon which we will rely in making our final determination 
with respect to the Minh Phu Group, the Department will establish the 
briefing schedule at a later time, and will notify parties of the 
schedule in accordance with 19 CFR 351.309. Parties who submit case 
briefs or rebuttal briefs in this proceeding are requested to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\12\
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    \12\ See 19 CFR 351.309(c) and (d).
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    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of issues 
raised in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\13\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). In 
these preliminary results, the Department applied the assessment rate 
calculation method adopted in Final Modification for Reviews, i.e., on 
the basis of monthly average-to-average comparisons using only the 
transactions associated with that importer with offsets being provided 
for non-dumped comparisons. Where an importer- (or customer-) specific 
ad valorem rate is greater than de minimis, the Department will 
instruct CBP to collect the appropriate duties at the time of 
liquidation.\14\ Where an importer- (or customer-) specific ad valorem 
is zero or de minimis, the Department will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\15\
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    \13\ See 19 CFR 351.212(b).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2).
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    Additionally, pursuant to a recently announced refinement to its 
assessment practice in NME cases, if the Department continues to 
determine that an exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\16\
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    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the companies 
listed above, which have a separate rate, the cash deposit rate will be 
that established in the final results of this review (except, if the 
rate is zero or de minimis, then zero cash deposit will be required); 
(2) for previously investigated or reviewed Vietnam and non-Vietnam 
exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Vietnam exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the Vietnam-wide 
entity; and (4) for all non-Vietnam exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the Vietnam exporter that supplied that non-
Vietnam exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

    1. Background
    2. Respondent Selection
    3. Scope of the Order
    4. Request for Revocation, in Part
    5. Preliminary Determination of No Shipments
    6. Non-Market Economy Country
    7. Separate Rates
    8. Separate Rate Calculation
    9. Vietnam-Wide Entity
    10. Surrogate Country and Surrogate Value Data
    11. Surrogate Country
    12. Economic Comparability
    13. Significant Producers of Comparable Merchandise
    14. Data Availability
    15. Date of Sale
    16. Fair Value Comparisons
    17. Targeted Dumping
    18. Results of Targeted Dumping Analysis
    19. U.S. Price
    20. Factor Valuations
    21. Currency Conversion

[FR Doc. 2013-05669 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P