[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57047-57050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22732]


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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, 2012-
2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 24, 2014, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the eighth 
administrative review of the antidumping duty Order \1\ on certain 
warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam'').\2\ Based upon our analysis of the comments and 
information received, we

[[Page 57048]]

determine that Minh Phu Group,\3\ and Stapimex,\4\ the two mandatory 
respondents, sold subject merchandise at less than normal value during 
the period of review (``POR''), February 1, 2012, through January 31, 
2013.
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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, 2012-2013, 79 FR 15944 (March 24, 2014) (``Preliminary 
Results'').
    \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\ Soc Trang Seafood Joint Stock Company (``Stapimex'').

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DATES: Effective Date: September 24, 2014.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Irene Gorelik, AD/CVD 
Operations, Office V, Enforcement and Compliance, 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 24, 2013, the Department published 
the Preliminary Results. On June 3, 2014, the Department extended the 
time limit for these final results by 60 days. On April 28, 2014, 
Petitioner \5\ and the Minh Phu Group submitted additional surrogate 
value (``SV'') information.
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    \5\ 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 April 23, 2014, Gallant Ocean (Quang Ngai) Co., 
Ltd., Gallant Dachan Seafood Co., Ltd., and Gallant Ocean (Vietnam) 
Co., Ltd. submitted a case brief. On May 28, 2014, Petitioner, Domestic 
Processors,\6\ Quoc Viet, the Minh Phu Group and Stapimex submitted 
case briefs. On June 2, 2014, Petitioner, Domestic Processors, Quoc 
Viet, the Minh Phu Group and Stapimex submitted rebuttal briefs.
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    \6\ 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.\7\
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    \7\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, From Gary Taverman, 
Associate 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.\8\ 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 Enforcement and Compliance'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://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memorandum and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \8\ 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: Anvifish Joint Stock Company, Bac Lieu Fisheries Company 
Limited, Bien Dong Seafood Co., Ltd., Camranh Seafoods Processing 
Enterprise Pte., Ngoc Sinh Private Enterprise, Ngoc Tri Seafood Joint 
Stock Company, Nhat Duc Co., Ltd., Seavina Joint Stock Company, and 
Vinh Hoan Corporation. We have not received any information to 
contradict this determination. Therefore, the Department 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.

Changes Since the Preliminary Results

    The Department has not made changes to any surrogate values or 
company-specific margin calculations since the Preliminary Results. For 
detailed information, see the Issues and Decision Memorandum and the 
company-specific final results analysis memoranda.

Separate Rates

    In the Preliminary Results, we determined that 30 companies \9\ 
(``Separate Rate Respondents'') in addition to Minh Phu Group and 
Stapimex 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 32 companies 
meet the criteria for a separate rate for the final results.
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    \9\ See Issues and Decision Memorandum at Appendix I.
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Rate for Non-Selected Companies

    For the final results, the calculated rates for both mandatory 
respondents have not changed from the Preliminary Results. 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.\10\
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    \10\ 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 45 companies failed 
to demonstrate their eligibility for a separate rate. In non-market 
economy (``NME'') proceedings, ```rates' may consist of a single 
dumping margin applicable to all exporters and producers.'' \11\ 
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 45 companies.\12\
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    \11\ See 19 CFR 351.107(d).
    \12\ See Issues and Decision Memorandum at Appendix II for a 
list of the companies included in the Vietnam-Wide Entity.

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[[Page 57049]]

Final Results of Review

    The Department determines that the following final dumping margins 
exist:
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    \13\ The Department found the companies comprising the Minh Phu 
Group are a single entity and, because there have been no changes to 
the facts which supported 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).
    \14\ The Department found the companies comprising Nha Trang 
Seafoods are a single entity and, because there have been no changes 
to the fact which supported 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).
    \15\ See Issues and Decision Memorandum at Appendix II for a 
list of the companies included in the Vietnam-Wide Entity.

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                             margin  %
------------------------------------------------------------------------
Minh Phu Group: \13\
    Minh Phu Seafood Corp., aka Minh Phu Seafood                    4.98
     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............................................
Soc Trang Seafood Joint Stock Company, aka Stapimex,                9.75
 aka Soc Trang Aquatic Products and General Import
 Export Company, aka Stapimex Soc Trans Aquatic
 Products and General Import Export Company, aka
 Stapmex............................................
BIM Seafood Joint Stock Company.....................                6.37
Camau Frozen Seafood Processing Import Export                       6.37
 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.........
C.P. Vietnam Corporation, aka C.P. Vietnam Livestock                6.37
 Corporation, aka C.P. Vietnam Livestock Company
 Limited, aka C.P. Vietnam..........................
Cadovimex Seafood Import-Export and Processing Joint                6.37
 Stock Company, aka Cai Doi Vam Seafood Import-
 Export Company, aka Caidoivam Seafood Company, aka
 Cadovimex-Vietnam, aka Cadovimex...................
Cafatex Fishery Joint Stock Corporation, aka Cafatex                6.37
 Corporation, aka Cafatex Corp., aka Cafatex, aka
 Taydo Seafood Enterprise, aka Xi Nghiep Che Bien
 Thuy Suc San Xuat Kau Cantho.......................
Camau Seafood Processing and Service Joint Stock                    6.37
 Company............................................
Can Tho Import Export Fishery Limited Company, aka                  6.37
 CAFISH.............................................
Coastal Fisheries Development Corporation, aka                      6.37
 COFIDEC, aka Coastal Fisheries Development Corp.,
 aka Coastal Fisheries Development Co., aka Coastal
 Fisheries Development..............................
Cuu Long Seaproducts Company, aka Cuu Long                          6.37
 Seaproducts Limited, aka Cuulong Seapro aka Cuu
 Long Seapro........................................
Danang Seaproducts Import Export Corporation, aka                   6.37
 Danang Sea Products Import Export Corporation, 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.............................................
Gallant Ocean (Vietnam) Co., Ltd....................                6.37
Hai Viet Corporation................................                6.37
Investment Commerce Fisheries Corporation, aka                      6.37
 Investment Commerce Fisheries Corp., aka Investment
 Commerce Fisheries, aka Incomfish, aka Incomfish
 Corp., aka Incomfish Corporation...................
Kim Anh Company Limited, aka Kim Anh Co, Ltd........                6.37
Minh Hai Export Frozen Seafood Processing Joint-                    6.37
 Stock Company, aka Minh Hai Jostoco, aka...........
Minh Hai Joint-Stock Seafoods Processing Company,                   6.37
 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.............................................
Minh Hai Sea Products Import Export Company, aka Ca                 6.37
 Mau Seafood Joint Stock Company, aka Seaprimexco
 Vietnam aka Seaprimexco aka Minh Hai Seaproducts Co
 Ltd................................................
Nha Trang Fisheries Joint Stock Company, aka Nha                    6.37
 Trang Fisco aka Nhatrang Fisheries Joint Stock
 Company, aka Nhatrang Fisco, aka Nha Trang
 Fisheries, Joint Stock.............................
Nha Trang Seafoods: \14\
    Nha Trang Seaproducts Company, aka Nha Trang                    6.37
     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.......................................
Phu Cuong Jostoco Seafood Corporation, aka Phu Cuong                6.37
 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 Phuong Nam Co., Ltd.                6.37
Quoc Viet Seaproducts Processing Trading and Import-                6.37
 Export Co., Ltd....................................
Sao Ta Foods Joint Stock Company, aka Fimex VN aka                  6.37
 Sao Ta Seafood Factory aka Saota Seafood Factory...
Thong Thuan Company Limited, aka Cong Ty Tnhh Thong                 6.37
 Thuan..............................................
Thuan Phuoc Seafoods and Trading Corporation, aka                   6.37
 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 UT                6.37
 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 UTXICO, aka Hoang Phuong
 Seafood Factory, aka Hoang Phong Seafood Factory...
Viet Foods Co., Ltd., aka Nam Hai Foodstuff and                     6.37
 Export Company Ltd.................................
Vietnam Clean Seafood Corporation, aka Vina                         6.37
 Cleanfood..........................................
Viet Hai Seafood Co., Ltd., aka Vietnam Fish One                    6.37
 Co., Ltd., aka Fish One............................
Viet I-Mei Frozen Foods Co., Ltd....................                6.37
Vietnam-wide Entity \15\............................               25.76
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[[Page 57050]]

Disclosure and Public Comment

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

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.
    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), 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. 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).\16\ 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 de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See 19 CFR 352.106(c)(2); 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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    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.\18\
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    \18\ 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 19, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

General Issues

Comment 1: Surrogate Country
Comment 2: Differential Pricing
    A. Consideration of an Alternative Comparison Method in 
Administrative Reviews
    B. Withdrawal of the Regulatory Provisions Governing Targeted 
Dumping in Less-Than-Fair-Value Investigations
    C. Differential Pricing Analysis
    D. Whether to apply the A-to-T methodology to all the Minh Phu 
Group's Sales

Surrogate Value Issues

Comment 3: Shrimp Surrogate Value
Comment 4: Bangladeshi Inflator Data
Comment 5: Calculation of Brokerage and Handling Expenses
Comment 6: Labor Surrogate Value
Comment 7: Whether the Chlorine, Birlox, Salt and Skewer SVs are 
Aberrational
    a. Chlorine and Birlox
    b. Salt
    c. Skewers
Comment 8: Certain Adjustments to Financial Ratios

Company--Specific Issues

Minh Phu Group

Comment 9: Separate Rate Status for MPG Affiliate Names

Quoc Viet

Comment 10: Whether The Department Should Continue To Decline To 
Select Quoc Viet As A Voluntary Respondent
Comment 11: Whether the Rejection of Quoc Viet's Margin Calculation 
Submission was Contrary to Law

Quang Ngai and Dachan

Comment 12: Separate Rate Status of Gallant Ocean Quang Ngai and 
Gallant Dachan

SR Respondents

Comment 13: Whether to Include Abbreviated Company Names for Certain 
Separate Rate Companies

[FR Doc. 2014-22732 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-DS-P