[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47756-47758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17383]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Notice of Implementation of Determination Under Section 129 of 
the Uruguay Round Agreements Act and Partial Revocation of the 
Antidumping Duty Order

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

SUMMARY: On July 18, 2016, the Department of Commerce (``Department'') 
issued its final determination under a section 129 proceeding regarding 
the fourth administrative review of the antidumping duty order on 
certain frozen warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam'') with respect to the Minh Phu Group. On July 18, 2016, the 
U.S. Trade Representative (``USTR'') instructed the Department to 
implement the 129 Final Determination. As a result, the Department is 
now implementing its determination.

DATES: Effective July 18, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Nature of the Proceeding

    Section 129 of the Uruguay Rounds Agreement Act (``URAA'') \1\ 
allows the Department to amend, rescind, or modify a determination 
found by a WTO dispute settlement panel or the Appellate Body to be 
inconsistent with U.S. obligations under the Antidumping Agreement. 
Specifically, section 129(b)(2) provides that, ``notwithstanding any 
provision of the Tariff Act of 1930 . . ., '' within 180 days after 
receipt of a written request from the U.S. Trade Representative, the 
Department shall issue a determination that would render its actions 
not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body.\2\ The Statement of Administrative Action, URAA, H. 
Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), refers variously to such 
a determination by the Department as a ``new,'' ``second,'' and 
``different'' determination.\3\ After consulting with the Department 
and the appropriate congressional committees, the USTR may direct the 
Department to implement, in whole or in part, the new determinations 
made under section 129 of the URAA.\4\ Pursuant to section 129(c) of 
the URAA, the new determinations shall apply with respect to 
unliquidated entries of the subject merchandise that are entered, or 
withdrawn from warehouse, for consumption on or after the date on which 
the USTR directs the Department to implement the new determinations.\5\ 
This determination may be subject to judicial review separate and apart 
from judicial review of the Department's original determination.\6\
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    \1\ Citation to ``section 129'' refers to section 129 of the 
URAA, codified at 19 U.S.C. 3538.
    \2\ See 19 U.S.C. 3538(b)(2).
    \3\ See SAA at 1025, 1027.
    \4\ See 19 U.S.C. 3538(b)(4).
    \5\ See 19 U.S.C. 3538(c).
    \6\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
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Background

    At the written request of USTR, the Department informed interested 
parties on May 20, 2016, that it was initiating a proceeding under 
section 129 of the URAA to implement certain findings of the WTO 
dispute settlement panel in United States--Anti-Dumping Measures on 
Certain Frozen Warmwater Shrimp from VietNam (WTO/DS429) (``Panel 
Report'').\7\ On May 20, 2016, the Department issued its preliminary 
determination in this proceeding \8\ in which the Department 
recalculated the weighted-average dumping margin for the Minh Phu Group 
\9\ from the AR4 Amended Final \10\ by eliminating the denial of 
offsets for non-dumped sales
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    \7\ See Letter from USTR, re: ``Request to Comply with WTO Panel 
Report,'' dated May 20, 2016. See also Letter from the Department to 
All Interested Parties, re: ``Initiation of DS429,'' dated May 20, 
2016.
    \8\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, re: 
``Preliminary Determination Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam,'' dated May 20, 2016 
(``129 Preliminary Determination''). See also Memorandum to the 
File, from Irene Gorelik, Senior Analyst, Office V, re: 
``Preliminary Determination Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam (``Vietnam'')'' (``MPG 
129 Prelim Memo''), dated May 20, 2016.
    \9\ For purposes of this proceeding, the ``Minh Phu Group'' 
includes the following companies: (1) Minh Phu Seafood Export Import 
Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat 
Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh Phu Seafood 
Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui Seafood, (6) 
Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat Seafood Co., 
Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh Phat Seafood 
Corp., (12) Minh Phu Hau Giang Seafood Joint Stock Company, (13) 
Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu Hau Giang 
Seafood Corp., and (15) Minh Phu Hau Giang Seafood Processing Co., 
Ltd. See 129 Final Determination.
    \10\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010) 
(``AR4 Final'') and Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Amended Final Results of Antidumping 
Duty Administrative Review, 75 FR 61122 (October 4, 2010) (``AR4 
Amended Final'').
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    On July 6, 2016, the Department solicited comments from interested

[[Page 47757]]

parties regarding the Preliminary 129 Determination, and also released 
the draft revocation instructions with a proposed importer and exporter 
certification requirement.\11\ On July 13, 2016, the Minh Phu Group 
filed comments regarding the trade names listed for revocation in the 
Prelim Comment Memo at Attachment I.\12\ Consequently, the Department 
issued the 129 Final Determination on July 18, 2016.\13\
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    \11\ See Memorandum to the File from Irene Gorelik, Senior 
Analyst, Office V, re: ``Schedule for Comments on the Section 129 
Preliminary Determination and Release of Draft Revocation 
Instructions with Importer Certification Requirement for Comment,'' 
dated July 6, 2016 (``Prelim Comment Memo'').
    \12\ See Letter from the Minh Phu Group, re: ``Minh Phu Group's 
Comments on Draft Revocation Instructions,'' dated July 13, 2016.
    \13\ See Memorandum from Christian Marsh to Paul Piquado, re: 
``Final Determination of the Proceeding under Section 129 of the 
Uruguay Round Agreements Act: Antidumping Measures on Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam,'' dated 
July 18, 2016 (``129 Final Determination'').
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    On July 18, 2016, the USTR notified the Department that, consistent 
with section 129(b)(3) of the URAA, consultations with the Department 
and the appropriate congressional committees with respect to the 129 
Final Determination have been completed. As a result, in accordance 
with section 129(b)(4) of the URAA, USTR directed the Department to 
implement this determination.\14\
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    \14\ See Letter from USTR, re: ``Request to Implement Final 
Determination,'' dated July 18, 2016 (``USTR Implementation 
Letter'').
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Implementation of the 129 Final Determination

    Pursuant to the USTR Implementation Letter, the 129 Final 
Determination is hereby implemented and adopted by this notice. A list 
of the issues discussed in the 129 Final Determination are attached as 
an Appendix to this notice. The 129 Final Determination is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). Access to ACCESS is available to registered users 
at http://access.trade.gov, and is available to all parties in the 
Central Records Unit, room B8024 of the main Commerce building. A 
complete version of the memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/download/section129/full-129-index.html. The signed 129 Final Determination and the respective 
electronic version of the memorandum are identical in content.

Final Weighted-Average Dumping Margin

    As a result of the above, the AR4 Amended Final recalculated 
weighted-average dumping margin for the Minh Phu Group, unchanged from 
the Preliminary 129 Determination, is:

------------------------------------------------------------------------
                                                            Section 129
                  Producer and exporter                       results
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Minh Phu Seafood Export Import Corporation (and                    0.00%
 affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
 Seafood Co., Ltd.), aka................................
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, aka
Minh Qui Seafood, aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui, aka
Minh Phat Seafood Co., Ltd., aka
Minh Phat, aka
Minh Phat Seafood, aka
Minh Phat Seafood Corp., aka
Minh Phu Hau Giang Seafood Joint Stock Company, aka
Minh Phu Hau Giang Seafood Co., Ltd., aka
Minh Phu Hau Giang Seafood Corp., aka
Minh Phu Hau Giang Seafood Processing Co., Ltd
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Partial Revocation of the Antidumping Duty Order

    Because the Department has re-calculated a weighted-average dumping 
margin of zero percent for the Minh Phu Group, which results in three 
consecutive years of no dumping, and the Minh Phu Group has certified 
\15\ that it will not sell certain frozen warmwater shrimp in the 
future at less than fair value, the Department is revoking the AD Order 
with respect to the Minh Phu Group, for entries made on or after July 
18, 2016. The Department's practice with respect to revocation of 
companies from an antidumping duty order is to exclude companies in 
specific producer-exporter combinations.\16\ Accordingly, the 
Department will instruct U.S. Customs and Border Protection (``CBP'') 
to liquidate, without regard to antidumping duties, entries of certain 
frozen warmwater shrimp, produced and exported by the Minh Phu Group 
\17\ which were entered, or withdrawn from warehouse, for consumption 
on or after July 18, 2016. Furthermore, the Department will instruct 
CBP to discontinue the suspension of

[[Page 47758]]

liquidation and the collection of cash deposits for estimated 
antidumping duties for entries of certain frozen warmwater shrimp 
produced and exported by the Minh Phu Group. The Department will 
instruct CBP to continue to collect cash deposits for estimated 
antidumping duties from other Vietnamese exporters as the AD Order, in 
whole, has not been revoked. Furthermore, the Department will require 
the Minh Phu Group and its importers to participate in a certification 
requirement for those entries which are no longer subject to the AD 
Order, as discussed in the 129 Final Determination.\18\
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    \15\ See Memorandum to the File, from Irene Gorelik, Senior 
Analyst, re: ``Placing AR4 Documents on the Record of DS429,'' dated 
May 20, 2016, at .pdf page 15.
    \16\ See, e.g., Brake Rotors From the People's Republic of 
China: Final Results and Partial Rescission of the Fifth Antidumping 
Duty Administrative Review and Final Results of the Seventh New 
Shipper Review, 68 FR 25861 (May 14, 2003) and accompanying Issues 
and Decision Memorandum at Comment 1. See also Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Frozen and 
Canned Warmwater Shrimp From the People's Republic of China, 69 FR 
70997, 71004 (December 8, 2004), where the Department stated that 
``the Department does not require any cash deposit or posting of a 
bond for Zhanjiang Guolian when the subject merchandise is produced 
and exported by Zhanjiang Guolian.'' Subsequently, in the PRC Shrimp 
Order, the Department stated that ``pursuant to 735(c)(1)(B) of the 
Act, we will instruct CBP to suspend liquidation of all entries of 
certain frozen warmwater shrimp and prawns from the PRC (except 
merchandise produced and exported by Zhanjiang Guolian because this 
company has a de minimis margin)'' (emphasis added). See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the 
People's Republic of China, 70 FR 5149, 5152 (February 1, 2005) 
(``PRC Shrimp Order'').
    \17\ Revocation for the Minh Phu Group is specific to 
merchandise produced and exported by: (1) Minh Phu Seafood Export 
Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and 
Minh Phat Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh 
Phu Seafood Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui 
Seafood, (6) Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat 
Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh 
Phat Seafood Corp., (12) Minh Phu Hau Giang Seafood Joint Stock 
Company, (13) Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu 
Hau Giang Seafood Corp., and (15) Minh Phu Hau Giang Seafood 
Processing Co., Ltd.
    \18\ See 129 Final Determination Memo at 6 and Appendix.
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    This final determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Issues in the 129 Final Determination

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Company Names to be Revoked from the AD Order
IV. Section 129 Final Determination
V. Revocation of the Minh Phu Group
VI. Recommendation

[FR Doc. 2016-17383 Filed 7-21-16; 8:45 am]
 BILLING CODE 3510-DS-P