[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47758-47759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Partial Rescission of Antidumping Duty Administrative Reviews 
(2014-2015; 2015-2016) and Compromise of Outstanding Claims

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

SUMMARY: The Department of Commerce (``Department'') is rescinding, in 
part, the antidumping duty administrative reviews for the antidumping 
duty order (``the Order'') on certain frozen warmwater shrimp from the 
Socialist Republic of Vietnam (``Vietnam'') for the periods February 1, 
2014, through January 31, 2015, and February 1, 2015, through January 
31, 2016 with respect to sales made by the Minh Phu Group. Further, the 
Department is compromising its claims for certain antidumping duties 
for entries of subject merchandise exported by the Minh Phu Group for 
the period February 1, 2014, through July 17, 2016.

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: 

Rescission of Reviews

Tenth Administrative Review (2014-2015)

    On February 27, 2015, Vietnamese Association of Shrimp Exporters 
and Producers (``VASEP''), Ad Hoc Shrimp Trade Action Committee 
(``AHSTAC''), and American Shrimp Processors Association (``ASPA'') 
each requested a review of the Order for the period February 1, 2014, 
through January 31, 2015, with respect to sales made by the Minh Phu 
Group.\1\
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    \1\ These requests for review included: Minh Phu Seafood 
Corporation (and its affiliates Minh Qui Seafood Co. Ltd., Minh Phat 
Seafood Co. Ltd., Minh Phu Hau Giang, collectively ``Minh Phu 
Group''), as requested by VASEP; Minh Phat Seafood Co., Ltd., Minh 
Phu Hau Giang Seafood Corp., and Minh Phu Seafood Corp., as 
requested by AHSTAC; and Minh Phat Seafood, Minh Phat Seafood Co., 
Ltd., Minh Phu Seafood Corp., Minh Phu Seafood Pte, Minh Qui 
Seafood, and Minh Qui Seafood Co., Ltd., as requested by ASPA.
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    On April 3, 2015, the Department published in the Federal Register 
a notice of initiation of the tenth administrative review of the Order, 
covering the period February 1, 2014, through January 31, 2015.\2\ On 
July 6, 2016, VASEP, AHSTAC, and ASPA withdrew their requests for 
review with respect to the Minh Phu Group and requested that the 
Department exercise its authority to extend the 90-day deadline to 
withdraw the requests for review and rescind the administrative review, 
in part, under extraordinary circumstances. In particular, the parties 
explained their understanding that extraordinary circumstances exist 
because the withdrawals of review requests for the Minh Phu Group will 
assist the government of the United States and government of Vietnam in 
reaching a mutually satisfactory resolution with respect to United 
States--Anti-dumping Measures of Certain Shrimp from Viet Nam (DS429) 
and United States Anti-dumping Measures of Certain Shrimp from Viet Nam 
(DS404). The parties further explained their understanding that a 
mutually satisfactory resolution of these disputes was not effectuated 
within the 90-day deadline, and, but for this mutually satisfactory 
resolution, the parties would not be withdrawing their request for 
review of the Minh Phu Group.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015) (``AR10 
Initiation Notice''). This initiation notice included, in relevant 
part: Minh Phat Seafood, Minh Phat Seafood Co., Ltd., Minh Phu 
Seafood Corp., Minh Phu Seafood Pte, Minh Phu Seafood Corporation 
(and its affiliates Minh Qui Seafood Co. Ltd., Minh Phat Seafood Co. 
Ltd., Minh Phu Hau Giang, collectively ``Minh Phu Group''), Minh Phu 
Hau Giang Seafood Corp., Minh Qui Seafood, and Minh Qui Seafood Co., 
Ltd.
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    Section 351.213(d)(1) of the Department's regulations states that 
the Department will rescind an administrative review if a party 
requesting the review withdraws the request within 90 days of the 
publication of the notice of initiation. Further, 19 CFR 351.213(d)(1) 
allows the Department to extend the 90-day deadline if it considers it 
reasonable to do so. In the AR10 Initiation Notice, the Department 
stated that a party requesting an extension of the deadline must 
demonstrate that an ``extraordinary circumstance'' prevented it from 
submitting a timely withdrawal request, and that a determination to 
extend the deadline would be made on a case-by-case basis.\3\ Although 
the parties' withdrawals of review request for the tenth administrative 
review are past the 90-day deadline, the Department determines that the 
parties have demonstrated that extraordinary circumstances exist for 
this segment of the proceeding, and thus, find it reasonable to extend 
the deadline pursuant to 19 CFR 351.213(d)(1). Therefore, because all 
parties that requested a review of the Minh Phu Group have withdrawn 
their requests, the Department is rescinding the review with respect to 
the Minh Phu Group for the period February 1, 2014, through January 31, 
2015.
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    \3\ Id., 80 FR at 18202.
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Eleventh Administrative Review (2015-2016)

    On February 29, 2016, VASEP, AHSTAC, and ASPA each requested a 
review of the Order for the period February 1, 2015, through January 
31, 2016, with respect to sales made by the Minh Phu Group.\4\
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    \4\ These requests for review included, in relevant part: Minh 
Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., 
Ltd., Minh Phu Hau Giang Seafood Corp and Minh Phat Seafood Co., 
Ltd.) (collectively ``Minh Phu Group''), as requested by VASEP; Minh 
Phat Seafood Co., Ltd., Minh Phu Hau Giang Seafood Corp., Minh Phu 
Seafood Corp., and Minh Qui Seafood Co., Ltd., as requested by 
AHSTAC; and Minh Phat Seafood, Minh Phat Seafood Co., Ltd., Minh Phu 
Seafood Corp., Minh Phu Seafood Corporation (and its affiliates Minh 
Qui Seafood Co., Ltd., Minh Phat Seafood Co. Ltd., Minh Phu Hau 
Giang, collectively ``Minh Phu Group''), Minh Phu Hau Giang Seafood 
Corp., Minh Phu Seafood Pte, Minh Qui Seafood, and Minh Qui Seafood 
Co., Ltd., as requested by ASPA.

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[[Page 47759]]

    On April 7, 2016, the Department published in the Federal Register 
a notice of initiation of the eleventh administrative review of the 
Order, covering the period February 1, 2015, through January 31, 
2016.\5\ On July 6, 2016, VASEP, AHSTAC, and ASPA timely withdrew their 
requests for review with respect to the Minh Phu Group and requested 
that the Department rescind the administrative review, in part.
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``AR11 
Initiation Notice''). This initiation notice included, in relevant 
part: Minh Phat Seafood, Minh Phat Seafood Co., Ltd., Minh Phu 
Seafood Corp., Minh Phu Seafood Pte, Minh Phu Seafood Corporation, 
Minh Phu Hau Giang Seafood Corp., Minh Qui Seafood, Minh Qui Seafood 
Co., Ltd., Minh Phu Seafood Corporation (and its affiliates Minh Qui 
Seafood Co., Ltd., Minh Phu Hau Giang Seafood Corp and Minh Phat 
Seafood Co., Ltd.) (collectively ``Minh Phu Group'').
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    Because all parties that requested a review of the Minh Phu Group 
have timely withdrawn their requests, the Department is rescinding the 
administrative review with respect to the Minh Phu Group for the period 
February 1, 2015, through January 31, 2016, pursuant to 19 CFR 
351.213(d)(1).

Compromise of Outstanding Claims

    On July 18, 2016, the United States and Vietnam entered into an 
Agreement on the Antidumping Duty Order on Certain Frozen Warmwater 
Shrimp from Vietnam (``Agreement'') to reach a mutually satisfactory 
resolution of the WTO disputes, United States--Anti-dumping Measures on 
Certain Shrimp from Viet Nam (DS429) and United States--Anti-dumping 
Measures on Certain Shrimp from Viet Nam (DS404), and to provide for 
the settlement of certain litigation, and the compromise of certain 
claims arising under the Order. In conjunction with the Agreement, on 
July 18, 2016, the Department issued its determination pursuant to 
section 129 of the Uruguay Round Agreements Act (``URAA'') which has 
culminated in the revocation of the Order, in part, with respect to the 
Minh Phu Group.6 7 In a July 18, 2016, letter, the United 
States Trade Representative (``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, and directed the 
Department, in accordance with section 129(b)(4) of the URAA, to 
implement this determination.\8\
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    \6\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 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'').
    \7\ In the 129 Final Determination, the Department indicated its 
intent to revoke the following Minh Phu Group individual company 
names from the Order: Minh Phu Seafood Export Import Corporation 
(and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood 
Co., Ltd.), Minh Phu Seafood Corp., Minh Phu Seafood Corporation, 
Minh Phu Seafood Pte, Minh Qui Seafood, Minh Qui Seafood Co., Ltd., 
Minh Qui, Minh Phat Seafood Co., Ltd., Minh Phat, Minh Phu Hau Giang 
Seafood Joint Stock Company, Minh Phu Hau Giang Seafood Co., Ltd., 
Minh Phat Seafood, Minh Phat Seafood Corp., Minh Phu Hau Giang 
Seafood Corp., and Minh Phu Hau Giang Seafood Processing Co., Ltd.
    \8\ See Letter from USTR, re: ``Request to Implement Final 
Determination,'' dated July 18, 2016.
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    Effective July 18, 2016, the Agreement compromises the United 
States' claims for certain outstanding duties on shipments of subject 
merchandise from the Minh Phu Group that entered, or were withdrawn 
from warehouse, for consumption during the period February 1, 2014, 
through July 17, 2016, pursuant to section 617 the Tariff Act of 1930, 
as amended (``the Act'').\9\ In accordance with the terms of the 
Agreement, the Department will instruct United States Customs and 
Border Protection (``CBP'') to liquidate entries of certain frozen 
warmwater shrimp exported by the Minh Phu Group \10\ and imported by 
Mseafood Corporation which entered, or were withdrawn from warehouse, 
for consumption during the period February 1, 2014, through July 17, 
2016, without regard to antidumping duties, with the exception of such 
entries which entered the United States during the period February 1, 
2016, through May 3, 2016, which will be liquidated at the cash deposit 
rate in effect at the time of entry. Further, the Department will 
instruct CBP to liquidate all other entries of certain frozen warmwater 
shrimp exported by the Minh Phu Group which entered, or were withdrawn 
from warehouse, for consumption during the period February 1, 2014, 
through July 17, 2016, at the cash deposit rate in effect at the time 
of entry.
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    \9\ See also Appendix 6 to the Agreement, entitled ``Agreement 
between DOC, Minh Phu Group, MSeafood Corporation, AHSTAC, and 
ASPA.''
    \10\ The following names will be listed in the CBP instructions: 
(1) Minh Phu Seafood Export Import Corporation (and affiliates Minh 
Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), aka (2) Minh 
Phu Seafood Corp., aka (3) Minh Phu Seafood Corporation, aka (4) 
Minh Phu Seafood Pte, or (5) Minh Qui Seafood, aka (6) Minh Qui 
Seafood Co., Ltd., aka (7) Minh Qui, or (8) Minh Phat Seafood Co., 
Ltd., aka (9) Minh Phat, aka (10) Minh Phat Seafood, aka (11) Minh 
Phat Seafood Corp., or (12) Minh Phu Hau Giang Seafood Joint Stock 
Company, aka (13) Minh Phu Hau Giang Seafood Co., Ltd., aka (14) 
Minh Phu Hau Giang Seafood Corp., aka (15) Minh Phu Hau Giang 
Seafood Processing Co., Ltd.
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    Because there is no further basis for conducting an administrative 
review of the Order with respect to the Minh Phu Group for the period 
February 1, 2016, through January 31, 2017, the Department does not 
intend to initiate an administrative review with respect to the Minh 
Phu Group for this period.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(1) and (4).

    Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17384 Filed 7-21-16; 8:45 am]
 BILLING CODE 3510-DS-P