[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56211-56217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22228]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


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

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

SUMMARY: On March 12, 2013, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the 
seventh administrative review of the antidumping duty Order \1\ on 
certain

[[Page 56212]]

warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam'').\2\ Based upon our analysis of the comments and 
information received, we have determined that Minh Phu Group,\3\ and 
Nha Trang Seafoods,\4\ the two mandatory respondents, and Quoc Viet,\5\ 
the voluntary respondent, have not sold subject merchandise at less 
than normal value during the period of review (``POR''), February 1, 
2011, through January 31, 2012. Additionally, the Department has 
determined not to revoke the Order in part, with respect to Minh Phu 
Group and Nha Trang Seafoods.
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    \1\ 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) (``Order'').
    \2\ See Certain Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review. 2011-2012, 78 FR 15699 (March 12, 2013) (``Preliminary 
Results''), and accompanying Preliminary Decision Memorandum.
    \3\ Minh Phu Seafood Export Import Corporation (and affiliated 
Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.); Minh 
Phu Seafood Corporation, Minh Phu Seafood Corp., Minh Qui Seafood 
Co., Ltd., Minh Qui Seafood, Minh Phat Seafood Co., Ltd., Minh Phat 
Seafood, and Minh Phu Hau Giang Seafood Co., Ltd. (collectively, the 
``Minh Phu Group'').
    \4\ 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'').
    \5\ Quoc Viet Seaproducts Processing Trading and Import-Export 
Co., Ltd. (``Quoc Viet'').

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DATES: Effective Date: September 12, 2013.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Irene Gorelik, 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 or (202) 
482-6905, respectively.

SUPPLEMENTARY INFORMATION: On March 12, 2013, the Department published 
the Preliminary Results. On May 22, 2013, the Department extended the 
time limit for these final results by 60 days. On April 15, 2013, 
Petitioner,\6\ Minh Phu Group, and Nha Trang Seafoods, submitted 
additional surrogate value (``SV'') information. On April 25, 2013, 
Petitioner, Minh Phu Group and Nha Trang Seafoods submitted rebuttal SV 
comments.
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    \6\ The Ad Hoc Shrimp Trade Action Committee (``Petitioner'').
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    We gave interested parties an opportunity to comment on the 
Preliminary Results. On May 31, 2013, Petitioner, Domestic 
Processors,\7\ Quoc Viet, Minh Phu Group and Nha Trang Seafoods 
submitted case briefs. On June 5, 2013, Petitioner, Domestic 
Processors, Quoc Viet, Minh Phu Group and Nha Trang Seafoods submitted 
rebuttal briefs.
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    \7\ American Shrimp Processors Association (``Domestic 
Processors'').
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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 Schedule of the United States 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. The 
written description of the scope of the order is dispositive. A full 
description of the scope of the order is available in the accompanying 
Issues and Decision Memorandum.\8\
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    \8\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, From Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Issues and Decision Memorandum for the Final Results, 
(``Issues and Decision Memorandum'') dated concurrently and hereby 
adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the accompanying Issues and Decision 
Memorandum.\9\ A list of the issues which parties raised, and to which 
we respond in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and 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, Room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://www.trade.gov/ia/. The signed Issues and 
Decision Memorandum and electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \9\ See id.
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
the following companies did not have any reviewable transactions during 
the POR: Amanda Food (Vietnam) Ltd., Anvifish Joint Stock Company, Bien 
Dong Seafood Co., Ltd., Binh An Seafood Joint Stock Company, Camranh 
Seafoods, Thong Thuan Seafood Company, Vietnam Clean Seafood 
Corporation, and Vinh Hoan Corporation. We have not received any 
information to contradict this determination. Therefore, the Department 
has made the final determination that the above-named companies did not 
have any reviewable entries of subject merchandise during the POR, and 
will issue appropriate instructions that are consistent with our 
``automatic assessment'' clarification, for these final results.

Verification

    Pursuant to 19 CFR 351.307(b)(iv), the Department conducted a 
verification of Minh Phu Group's sales and factors of production 
between April 16, 2013 and April 26, 2013.\10\ Based on Minh Phu 
Group's minor corrections presented to the Department and other 
findings, the Department requested Minh Phu Group submit revised 
data.11 12
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    \10\ See ``Memorandum to the File, though Catherine Bertrand, 
Program Manager, Office 9, from Irene Gorelik, Analyst, Office 9; 
re: Verification of the CEP Sales Response of the MPG in the 2011-
2012 Administrative Review of Certain Warmwater Shrimp from the 
Socialist Republic of Vietnam,'' dated May 3, 2013; see also 
``Memorandum to the File, though Catherine Bertrand, Program 
Manager, Office 9, from Irene Gorelik, Analyst, Office 9; re: 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Verification of Sales and Factors of Production for Minh 
Phu Seafood Corporation,'' dated May 16, 2013 (``Minh Phu Group 
Verification Report'')
    \11\ See Minh Phu Group's revised sales and factors of 
production data, dated May 23, 2013.
    \12\ The details of the changes to Minh Phu Group's margin 
calculation program are provided in ``Memorandum to the File through 
Catherine Bertrand, Program Manager, Office 9 from Irene Gorelik, 
Analyst, Office 9, re; Administrative Review of Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis 
for the Final Results of Minh Phu Group,'' dated concurrently with 
this notice.
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Changes Since the Preliminary Results

    The Department has made changes to certain surrogate values and 
company-specific margin calculations since the Preliminary Results. 
Specifically, we changed the surrogate value for domestic cold storage 
warehousing and the surrogate values for certain export-related 
expenses incurred by Minh Phu Group and Nha Trang. The Department also 
made company-specific changes to the margin calculation programs 
resulting from verification in Minh Phu Group's case, and other 
programming changes for Minh Phu Group, Nha Trang, and Quoc Viet based 
on arguments made in case and rebuttal briefs. For detailed 
information, see the Issues and Decision Memorandum and the company-
specific final results analysis memoranda.

[[Page 56213]]

Request for Revocation, In Part

    In the Preliminary Results, we determined that Minh Phu Group and 
Nha Trang Seafoods have not met the regulatory criteria for revocation 
set forth in 19 CFR 351.222(b).\13\ We have not received any further 
information following the issuance of the Preliminary Results that 
would warrant revocation of the order with regard to either Minh Phu 
Group or Nha Trang Seafoods.\14\ Therefore, we will not revoke the 
Order with respect to Minh Phu Group and Nha Trang Seafoods because 
they have not met the regulatory criteria for revocation set forth in 
19 CFR 351.222(b).\15\
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    \13\ See Preliminary Results, 78 FR at 15699-15700, and 
accompanying Preliminary Decision Memorandum at 5; see also 
``Memorandum to Christian Marsh, Deputy Assistant Secretary, Import 
Administration, through Edward Yang, Senior Director, from James 
Doyle, Office Director, Office 9, re; Seventh Antidumping Duty 
Administrative Review of Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Addendum to the Preliminary Results Regarding 
the Minh Phu Group Revocation Request,'' dated April 4, 2013.
    \14\ See Issues and Decision Memorandum at Comment 12.
    \15\ 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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Separate Rates

    In the Preliminary Results, we determined that 30 companies \16\ 
(``Separate Rate Respondents'') in addition to Minh Phu Group and Nha 
Trang Seafoods, and the voluntary respondent, Quoc Viet, met the 
criteria for separate rate status. We have not received any information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering this preliminary determination. Therefore, the Department 
continues to find that these 33 companies meet the criteria for a 
separate rate for the final results.
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    \16\ See Issues and Decision Memorandum at Appendix.
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Rate for Non-Selected Companies

    For the final results, we continue to calculate zero rates for both 
mandatory respondents. Therefore, there is no change to the separate 
rate assigned to the Separate Rate Respondents for the final results of 
this review, and we continue to determine that a ``reasonable method 
for determining the weighted-average dumping margins for the non-
selected respondents in this review is to average the weighted-average 
dumping margins calculated for the mandatory respondents,'' as noted in 
the Preliminary Results.\17\ For a detailed discussion of the 
Department's separate rate calculation, see the Issues and Decision 
Memorandum at Comment 9.
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    \17\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 10-11.
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Vietnam-Wide Entity

    In the Preliminary Results, we determined that 41 companies failed 
to demonstrate their eligibility for a separate rate. In NME 
proceedings, ```rates' may consist of a single dumping margin 
applicable to all exporters and producers.'' \18\ Therefore, we 
assigned the Vietnam-wide entity a rate of 25.76 percent, the only rate 
ever determined for the Vietnam-wide entity in this proceeding. We have 
not received any information since the Preliminary Results that 
provides a basis for reconsidering this determination. We, therefore, 
continue to apply the Vietnam-wide entity rate of 25.76 percent to 
these 41 companies.\19\
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    \18\ See 19 CFR 351.107(d).
    \19\ See Issues and Decision Memorandum at Appendix II for a 
list of the companies included in the Vietnam-Wide Entity.
    \20\ In AR6 VN Shrimp, the Department found the companies 
comprising Minh Phu Group are a single entity and, because the facts 
resulting in that determination have not changed, 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'').
    \21\ 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'').
    \22\ The Department selected Quoc Viet Seaproducts Processing 
Trading and Import-Export Co., Ltd. as a voluntary respondent in 
this review. See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 3.
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Final Results of Review

    The Department determines that the following final dumping margins 
exist:

------------------------------------------------------------------------
                       Exporter                         Margin (percent)
------------------------------------------------------------------------
Minh Phu Group: \20\
    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                                                0.00
Nha Trang Seafoods: \21\
    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                                                   0.00
Quoc Viet Seaproducts Processing Trading and Import-                0.00
 Export Co., Ltd.\22\
Bac Lieu Fisheries Joint Stock Company, aka
Bac Lieu Fisheries Company Limited, aka
Bac Lieu Fisheries Co., Ltd., aka
Bac Lieu Fisheries Limited Company, aka

[[Page 56214]]

 
Bac Lieu Fis                                                        0.00
BIM Seafood Joint Stock Company                                     0.00
Camau Frozen Seafood Processing Import Export
 Corporation, 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                                                0.00
C.P. Vietnam Corporation, aka
C.P. Vietnam Livestock Corporation, aka
C.P. Vietnam Livestock Company Limited, aka
C.P. Vietnam Livestock Co., Ltd., aka
C.P. Vietnam                                                        0.00
Cadovimex Seafood Import-Export and Processing Joint
 Stock Company, aka
Cai Doi Vam Seafood Import-Export Company, aka
Caidoivam Seafood Company, aka
Cadovimex-Vietnam, aka
Cadovimex                                                           0.00
Cafatex Fishery Joint Stock Corporation, aka
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                     0.00
Can Tho Import Export Fishery Limited Company, aka
CAFISH                                                              0.00
Coastal Fisheries Development Corporation, aka........
COFIDEC, aka
Coastal Fisheries Development Corp., aka
Coastal Fisheries Development Co. aka
Coastal Fisheries Development                                       0.00
Cuu Long Seaproducts Company, aka
Cuu Long Seaproducts Limited, aka
Cuulong Seapro aka
Cuu Long Seapro                                                     0.00
Danang Seaproducts Import Export Corporation, aka
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                                                    0.00
Viet I-Mei Frozen Foods Co., Ltd., aka
Grobest & I-Mei Industrial (Vietnam) Co., Ltd., aka
Grobest & I-Mei Industry (Vietnam) Co., Ltd., aka
Grobest                                                             0.00
Gallant Ocean (Vietnam) Co., Ltd., aka
Gallant Ocean (Quang Ngai) Co., Ltd.                                0.00
Investment Commerce Fisheries Corporation, aka
Investment Commerce Fisheries Corp., aka
Investment Commerce Fisheries, aka
Incomfish, aka
Incomfish Corp., aka
Incomfish Corporation                                               0.00
Kim Anh Company Limited, aka
Kim Anh Co, Ltd.                                                    0.00
Minh Hai Export Frozen Seafood Processing Joint-Stock
 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               0.00
 Company
Minh Hai Joint-Stock Seafoods Processing Company, aka
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
Seaprodex Minh Hai Factory No. 69                                   0.00

[[Page 56215]]

 
Minh Hai Sea Products Import Export Company, aka
Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam aka
Seaprimexco aka
Minh Hai Seaproducts Co Ltd.                                        0.00
Ngoc Sinh Private Enterprise, aka
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                                                           0.00
Ngoc Tri Seafood Joint Stock Company                                0.00
Nhat Duc Co., Ltd., aka
Nhat Duc                                                            0.00
Nha Trang Fisheries Joint Stock Company, aka
Nha Trang Fisco aka
Nhatrang Fisheries Joint Stock Company, aka
Nhatrang Fisco, aka
Nha Trang Fisheries, Joint Stock                                    0.00
Phu Cuong Jostoco Seafood Corporation, aka
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.                                     0.00
Phuong Nam Foodstuff Corp. aka
Phuong Nam, aka
Phuong Nam Co., Ltd., aka
Western Seafood Processing and Exporting Factory, aka
Western Seafood                                                     0.00
Sao Ta Foods Joint Stock Company, aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory                                               0.00
Seavina Joint Stock Company, aka
Seavina                                                             0.00
Soc Trang Seafood Joint Stock Company, aka
Stapimex, aka
Soc Trang Aquatic Products and General Import Export
 Company, aka
Stapimex Soc Trans Aquatic Products and General Import
 Export Company, aka
Stapmex                                                             0.00
Thuan Phuoc Seafoods and Trading Corporation, aka
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                                             0.00
UTXI Aquatic Products Processing Corporation, aka
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                                                              0.00
Viet Foods Co., Ltd., aka
Nam Hai Foodstuff and Export Company Ltd.                           0.00
Viet Hai Seafood Co., Ltd., aka
Vietnam Fish One Co., Ltd., aka
Fish One                                                            0.00
Vietnam-wide Entity \23\                                           25.76
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Disclosure and Public Comment

    We will disclose the calculations performed within five days of the 
date

[[Page 56216]]

of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
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    \23\ Agrex Saigon, Bentre Aquaproduct Import & Export Joint 
Stock Company, Can Tho Agricultural and Animal Products Import 
Export Company, aka Can Tho Agricultural Products, akaCan Tho 
Agricultural Products Imex Company, aka, CATACO, Can Tho Import 
Export Seafood Joint Stock Company, aka CASEAMEX, Cau Tre Enterprise 
(C.T.E.), CL Fish Co., Ltd. (Cuu Long Fish Company), Cautre Export 
Goods Processing Joint Stock Company, D & N Foods Processing (Danang 
Company Ltd.), Duy Dai Corporation, Gn Foods, Hai Thanh Food Company 
Ltd., Hai Viet Corporation (``HAVICO''), Hai Vuong Co., Ltd., Hoang 
Hai Company Ltd., Hua Heong Food Industries Vietnam Co. Ltd., Hoa 
Phat Aquatic Products Processing And Trading Service Co., Ltd., 
Interfood Shareholding Co., Kien Long Seafoods Co. Ltd., Luan Vo 
Fishery Co., Ltd., Lucky Shing Co., Ltd., Minh Chau Imp. Exp. 
Seafood Processing Co., Ltd., Mp Consol Co., Ltd., Ngoc Chau Co., 
Ltd. and/or Ngoc Chau Seafood Processing Company, Nhat Du Co., Ltd., 
Quang Ninh Export Aquatic Products Factory aka Quang Ninh 
Seaproducts Factory, S.R.V. Freight Services Co., Ltd. Sea Product, 
Sustainable Seafood, Tan Thanh Loi Frozen Food Co., Ltd., Thanh Doan 
Seaproducts Import & Export Processing Joint-Stock Company 
(THADIMEXCO), Thanh Hung Frozen Seafood Processing Import Export 
Co., Ltd., Thanh Tri Seafood Processing Co. Ltd., Tho Quang Seafood 
Processing and Export Company, Tien Tien Garment Joint Stock 
Company, Tithi Co., Ltd., Trang Corporation, Vietnam Northern Viking 
Technologies Co., Ltd., Vinatex DanangViet Cuong Seafood Processing 
Import Export Joint-Stock Company, Viet Cuong Seafood Processing 
Import Export, Vinh Loi Import Export Company (``Vimexco''), aka 
Vinh Loi Import Export Company ``VIMEX''), aka VIMEXCO, aka VIMEX, 
aka Vinh Loi Import/Export Co., aka Vinhloi Import Export Company, 
aka Vinh Loi Import-Export Company, Vinh Loi Import Export Company 
(``Vimexco'') and/or Vinh Loi Import Export Company (``VIMEX'').
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review. In 
these final 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.\24\
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    \24\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (``Final Modification for Reviews'').
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    Where we do not have entered values for all U.S. sales to a 
particular importer/customer, we calculate a per-unit assessment rate 
by aggregating the antidumping duties due for all U.S. sales to that 
importer (or customer) and dividing this amount by the total quantity 
sold to that importer (or customer).\25\ To determine whether the duty 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-) 
specific ad valorem ratios based on the estimated entered value. Where 
either a respondent's weighted average dumping margin is zero or de 
minimis, or an importer- (or customer-) specific ad valorem rate is 
zero or above de minimis, we will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\26\
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    \25\ See 19 CFR 351.212(b)(1).
    \26\ See 19 CFR 351.106(c)(2); and Final Modification for 
Reviews.
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    Additionally, pursuant to a 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 NME-wide rate.\27\
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    \27\ 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.

Reimbursement of Duties

    This notice also serves as a 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 POR. 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``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 or 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 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: September 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

General Issues

Comment 1: Surrogate Country
    A. Economic Comparability
    B. Data Considerations
Comment 2: Financial Statements to Use When Selecting Indonesia as 
Surrogate Country
Comment 3: Market Economy Purchases
Comment 4: Whether the Surrogate Value For Export-Related Non-Market 
Economy Expenses Incurred is Double-Counted
Comment 5: Movement Expenses
Comment 6: Cold Storage Surrogate Value
Comment 7: Sauce Surrogate Value
Comment 8: Targeted Dumping
Comment 9: Calculation of the Separate Rate and Whether to Revise 
the Separate Rate Liquidation Instructions
Comment 10: Whether to Revise U.S. Customs and Border Patrol 
Liquidation and Cash Deposit Instructions
Comment 11: Whether to Include an Additional Company in Phu Cuong 
Jostoco' Separate Rate
Comment 12: Whether to Revoke From the Order Minh Phu Group and Nha 
Trang Seafoods

Company-Specific Issues

    Minh Phu Group:
Comment 13: Whether Minh Phu Group's Reported Sample Sales Are 
Properly Excluded
Comment 14: Whether Certain Factors of Production Reported by Minh 
Phu Group are Properly Classified as Direct Materials
Comment 15: Whether the Department Applied an Incorrect Unit of 
Measure for Sauce
Comment 16: Whether the Department Incorrectly Applied Minh Phu 
Group's

[[Page 56217]]

Reported Entered Value
Comment 17: Whether Minh Phu Group's Minor Corrections from 
Verification Are Properly Applied
Comment 18: Whether MPG's Indirect Selling Expenses Are Properly 
Calculated
    Nha Trang Seafoods:
Comment 19: Whether to Adjust Electricity and Water Consumption
Comment 20: Whether Nha Trang Seafoods Included Transfer Costs 
between Factories
    Quoc Viet:
Comment 21: Treatment of Sauce
Comment 22: Marine Insurance
[FR Doc. 2013-22228 Filed 9-11-13; 8:45 am]
BILLING CODE 3510-DS-P