[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62717-62720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21882]


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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, 2014-
2015

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

SUMMARY: On March 10, 2016, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the tenth 
administrative review of the antidumping duty order on certain 
warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). 
Based upon our analysis of the comments and information received, we 
determine that Stapimex sold subject merchandise at less than normal 
value (``NV'') during the period of review (``POR''), February 1, 2014, 
through January 31, 2015.

DATES: Effective September 12, 2016.

FOR FURTHER INFORMATION CONTACT: 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) 482-6905.

SUPPLEMENTARY INFORMATION: On March 10, 2016, the Department published 
the Preliminary Results.\1\ On March 11, 2016, VASEP \2\ filed 
surrogate value information rebutting certain surrogate values we 
applied in the Preliminary Results. We gave interested parties an 
opportunity to comment on the Preliminary Results. On March 11, 2016, 
Viet Hai Seafood Co., Ltd. (``Fish One'') requested a public hearing 
and filed its case brief on April 1, 2016. On April 25, 2016, VASEP 
filed a case brief. On May 2, 2016, Petitioner \3\ and Domestic 
Processors \4\ filed their rebuttal briefs. On June 17, 2016, the 
Department extended the time limit for these final results by 60 days.
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    \1\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review and Partial Rescission of Review; 2014-2015, 
81 FR 12702 (March 10, 2016) (``Preliminary Results'').
    \2\ Vietnam Association of Seafood Exporters and Producers 
(``VASEP'').
    \3\ Ad Hoc Shrimp Trade Action Committee (``Petitioner'').
    \4\ American Shrimp Processors Association (``Domestic 
Processors'').
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    On July 6, 2016, VASEP, Petitioner, and Domestic Processors 
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.\5\ 
On July 18, 2016, we determined that the parties demonstrated that 
extraordinary circumstances exist for this segment of the proceeding 
and, thus, found that good cause existed to extend the deadline to 
withdraw their respective review requests of the Minh Phu Group, 
pursuant to 19 CFR 351.302(b). We rescinded the review with respect to 
the Minh Phu Group on July 22, 2016.\6\
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    \5\ See Withdrawal of Review Requests from VASEP, Petitioner and 
Domestic Processors, dated July 6, 2016.
    \6\ See 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, 81 FR 47758 (July 22, 2016).
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Scope of the Order 7
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    \7\ 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'').
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    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 Christian Marsh, 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.\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 Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 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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    \9\ Id.
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Final Determination of No Shipments

    In the Preliminary Results, the Department determined the following 
companies did not have any reviewable transactions during the POR: (1) 
BIM Seafood Joint Stock Company; (2) Bien Dong Seafood Co., Ltd.; (3) 
Cafatex Fishery Joint Stock Corporation; (4) Camranh Seafoods 
Processing Enterprise Pte.; (5) Coastal Fisheries Development 
Corporation; (6) Bentre Forestry Aquaproduct Import-Export Joint Stock 
Company; (7) Fine Foods Co.; (8) Gallant Ocean (Vietnam) Co., Ltd.; (9) 
Long Toan Frozen Aquatic Products Joint Stock Company; (10) Nhat Duc 
Co., Ltd.; (11) Ngo Bros Seaproducts Import-Export One Member Company 
Limited; (12) Thong Thuan Seafood Company Limited; (13) Tacvan Seafoods 
Company; (14) Tan Phong Phu Seafood Co., Ltd.; and (15) Vinh Hoan 
Corporation. As we have not received any information to contradict this

[[Page 62718]]

determination, the Department determines 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 made two changes since the Preliminary Results, 
specific to the granting of a separate rate and the calculation of the 
separate rate margin. For detailed information, see below and the 
Issues and Decision Memorandum.

Separate Rates

    In the Preliminary Results, we determined that 30 companies \10\ 
(``Separate Rate Respondents'') in addition to Minh Phu Group and 
Stapimex \11\ met the criteria for separate rate status. We have since 
rescinded the administrative review for the Minh Phu Group.\12\ We have 
not received any information since the issuance of the Preliminary 
Results that provides a basis for reconsidering our preliminary 
separate rate determinations for the remaining 30 companies and the 
remaining mandatory respondent. However, we have granted separate rate 
status to one additional applicant that provided evidence of its 
separate rate eligibility. Thus, for the final results, we have granted 
this company, Viet Hai Seafood Co., Ltd., a separate rate.
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    \10\ See Issues and Decision Memorandum at Appendix I.
    \11\ Soc Trang Seafood Joint Stock Company (``Stapimex'').
    \12\ See 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, 81 FR 47758 (July 22, 2016).
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Rate for Non-Selected Companies

    Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted average of the estimated 
weighted average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely on the basis of facts 
available. Accordingly, when only one weighted-average dumping margin 
for an individually investigated respondent is above de minimis and not 
based entirely on facts available, the separate rate will be equal to 
that single, above de minimis rate.
    In the Preliminary Results, the Department calculated a rate for 
Stapimex that is not zero, de minimis, or based entirely on facts 
available, which is unchanged in the final results. As noted above, we 
have rescinded the administrative review with respect to the other 
mandatory respondent. Therefore, the Department has assigned to the 
companies that have not been individually examined but have 
demonstrated their eligibility for a separate rate a margin of 4.78 
percent, which is the rate calculated for Stapimex.

Final Results of Review

    In the Preliminary Results, we found that 51 companies (now 50) for 
which a review was requested have not established eligibility for a 
separate rate, and thus, we considered them to be part of the Vietnam-
wide entity.\13\ The Department's change in policy regarding 
conditional review of the Vietnam-wide entity applies to this 
administrative review.\14\ Under this policy, the Vietnam-wide entity 
will not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the Vietnam-wide entity, the entity is not under 
review and the entity's rate is not subject to change. For companies 
for which a review was requested and that have established eligibility 
for a separate rate, the Department determines that the following 
weighted-average dumping margins exist:
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    \13\ See Preliminary Results, 80 FR 12442 and Appendix II for a 
full list of the 56 companies; see also Preliminary Decision 
Memorandum, at 9-10.
    \14\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \15\ Due to the issues we have had in the past with variations 
of exporter names related to this Order, we remind exporters that 
the names listed below are the exact names, including spelling and 
punctuation which the Department will provide to CBP and which CBP 
will use to assess POR entries and collect cash deposits.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                       Exporter \15\                            margin
                                                              (percent)
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Soc Trang Seafood Joint Stock Company, aka Stapimex........         4.78
Bac Lieu Fisheries Joint Stock Company.....................         4.78
C.P. Vietnam Corporation...................................         4.78
Cadovimex Seafood Import-Export and Processing Joint Stock          4.78
 Company...................................................
Camau Frozen Seafood Processing Import Export Corporation,          4.78
 aka Camau Seafood Factory No. 4...........................
Can Tho Import Export Fishery Limited Company..............         4.78
Camau Seafood Processing and Service Joint Stock                    4.78
 Corporation...............................................
Cuulong Seaproducts Company................................         4.78
Gallant Dachan Seafood Co., Ltd............................         4.78
Green Farms Seafood Joint Stock Company....................         4.78
Hai Viet Corporation.......................................         4.78
Investment Commerce Fisheries Corporation..................         4.78
Kim Anh Company Limited, aka Kim Anh Co., Ltd..............         4.78
Minh Hai Export Frozen Seafood Processing Joint-Stock               4.78
 Company...................................................
Minh Hai Joint-Stock Seafoods Processing Company...........         4.78
Nha Trang Fisheries Joint Stock Company....................         4.78
Nha Trang Seafoods Group: Nha Trang Seaproduct Company, aka         4.78
 NT Seafoods Corporation, aka Nha Trang Seafoods--F89 Joint
 Stock Company, aka NTSF Seafoods Joint Stock Company......
Ngoc Tri Seafood Joint Stock Company.......................         4.78
Phuong Nam Foodstuff Corp..................................         4.78
Quang Minh Seafood Co., Ltd................................         4.78
Quoc Viet Seaproducts Processing Trading and Import-Export          4.78
 Co., Ltd..................................................
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Saota           4.78
 Seafood Factory...........................................
Seaprimexco Vietnam........................................         4.78
Taika Seafood Corporation..................................         4.78

[[Page 62719]]

 
Thong Thuan Company Limited, aka T&T Co., Ltd..............         4.78
Thuan Phuoc Seafoods and Trading Corporation...............         4.78
Trong Nhan Seafood Company Limited.........................         4.78
UTXI Aquatic Products Processing Corporation, aka Hoang             4.78
 Phuong Seafood Factory, aka, Hoang Phong Seafood Factory..
Viet Foods Co., Ltd........................................         4.78
Viet Hai Seafood Co., Ltd., aka Vietnam Fish One Co., Ltd..         4.78
Vietnam Clean Seafood Corporation..........................         4.78
Viet I-Mei Frozen Foods Co., Ltd...........................         4.78
------------------------------------------------------------------------

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, consistent with its assessment practice in non-market 
economy (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 6, 2016.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Discussion of the Issues

    General Issues
    Comment 1: Differential Pricing
    Comment 2: Treatment of Frozen Shrimp Purchases
    A. Treatment of Frozen Shrimp Versus Fresh Shrimp
    B. Frozen Shrimp Surrogate Value

    Surrogate Value Issues

[[Page 62720]]

    Comment 3: Bangladeshi Inflator Data
    Comment 4: Ice Surrogate Value
    Comment 5: Byproduct Surrogate Value
    Comment 6: Electricity

    Company-Specific Issues
    Comment 7: Calculation of the Separate Rate Margin
    Comment 8: Treatment of Packing Materials as Byproducts
    Comment 9: Separate Rate Status for Fish One
    Comment 10: Separate Rate Status for MC Seafood
    Comment 11: Separate Rate Status for Seaprodex Danang
    Comment 12: Separate Rate Status for Additional Trade Names
    A. Thuan Phuoc Seafoods and Trading Corporation
    B. Sao Ta Seafood Joint Stock Company
    C. Vietnam Clean Seafood Corporation
    D. C.P. Vietnam Corporation

    Recommendation

Appendix II

Companies Subject to Review Determined To Be Part of the Vietnam-Wide 
Entity

1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's 
affiliate)
2. Amanda Seafood Co., Ltd.
3. An Giang Coffee JSC
4. Anvifish Joint Stock Co.
5. Asia Food Stuffs Import Export Co., Ltd.
6. B.O.P. Limited Co.
7. Binh An Seafood Joint Stock Company
8. Can Tho Agricultural and Animal Product Import Export Company 
(``CATACO'')
    Can Tho Agricultural and Animal Products Imex Company
    Can Tho Agricultural and Animal Products Import Export Company 
(``CATACO'')
    Can Tho Agricultural Products
    Can Tho Agricultural Products
9. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX)
10. Cau Tre Enterprise (C. T. E.)
11. Cautre Export Goods Processing Joint Stock Company
12. CL Fish Co., Ltd. (Cuu Long Fish Company)
13. Danang Seaproducts Import Export Corporation (``Seaprodex 
Danang'')
    Danang Seaproducts Import-Export Corporation (``Seaprodex 
Danang'') (and its affiliates)
    Danang Seaproducts Import-Export Corporation (and its affiliate, 
Tho Quang Seafood Processing and Export Company) (collectively 
``Seaprodex Danang'')
    Seaprodex Danang
    Tho Quang Co.
    Tho Quang Seafood Processing and Export Company
    Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and 
Export Company)
14. D&N Foods Processing (Danang Company Ltd.)
15. Duy Dai Corporation
16. Gallant Ocean (Quang Ngai) Co., Ltd.
17. Gn Foods
18. Hai Thanh Food Company Ltd.
19. Hai Vuong Co., Ltd.
20. Han An Trading Service Co., Ltd.
21. Hoang Hai Company Ltd.
22. Hua Heong Food Industries Vietnam Co. Ltd.
23. Huynh Huong Seafood Processing (Huynh Houng Trading and Import 
Export Joint Stock Company)
24. Interfood Shareholding Co.
25. Khanh Loi Seafood Factory
26. Kien Long Seafoods Co. Ltd.
27. Luan Vo Fishery Co., Ltd.
28. Minh Chau Imp. Exp. Seafood Processing Co., Ltd.
29. Minh Cuong Seafood Import Export Frozen Processing Joint Stock 
Company (``Minh Cuong Seafood'')
30. Mp Consol Co., Ltd.
31. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company
32. Ngoc Sinh
    Ngoc Sinh Fisheries
    Ngoc Sinh Private Enterprises
    Ngoc Sinh Seafood Processing Company
    Ngoc Sinh Seafood Trading & Processing Enterprise
    Ngoc Sinh Seafoods
33. Phu Cuong Jostoco Corp.
    Phu Cuong Jostoco Seafood Corporation
34. Quang Ninh Export Aquatic Products Processing Factory
35. Quang Ninh Seaproducts Factory
36. Quoc Ai Seafood Processing Import Export Co., Ltd.
37. S.R.V. Freight Services Co., Ltd.
38. Sustainable Seafood
39. Tan Thanh Loi Frozen Food Co., Ltd.
40. Thanh Doan Seaproducts Import & Export Processing Joint-Stock 
Company (THADIMEXCO)
41. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.
42. Thanh Tri Seafood Processing Co. Ltd.
43. Thinh Hung Co., Ltd.
44. Tien Tien Garment Joint Stock Company
45. Tithi Co., Ltd.
46. Trang Khan Seafood Co., Ltd.
47. Viet Cuong Seafood Processing Import Export Joint-Stock Company
48. Vietnam Northern Viking Technologies Co. Ltd.
49. Vinatex Danang
50. Vinh Loi Import Export Company (``VIMEX'')
    Vinh Loi Import Export Company (``Vimexco'')

[FR Doc. 2016-21882 Filed 9-9-16; 8:45 a.m.]
BILLING CODE 3510-DS-P