[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78789-78792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27071]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 
2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that none of the mandatory respondents in this review 
qualify for a separate rate and are, therefore, considered part of the 
Vietnam-Wide Entity for their exports of subject merchandise to the 
United States during the period of review (POR) February 1, 2015, 
through January 31, 2016. If these preliminary results are adopted in 
the final results, the Department will instruct U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on all appropriate 
entries of subject merchandise during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective November 9, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue

[[Page 78790]]

NW., Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: On April 7, 2016, the Department initiated 
the eleventh administrative review of the antidumping duty order on 
certain frozen warmwater shrimp from the Socialist Republic of Vietnam 
(Order).1 2 The Department initiated this administrative 
review for 218 producers and exporters of subject merchandise.\3\ Based 
on the timely requests for withdrawal of review requests, we rescinded 
the administrative review with respect to 22 companies pursuant to 19 
CFR 351.213(d)(1) and (4).4 5
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation 
Notice'').
    \2\ 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)
    \3\ See Initiation Notice. While there were 218 individual names 
upon which we initiated an administrative review, the number of 
actual companies initiated upon is significantly less when 
accounting for numerous duplicate names and minor name variations of 
the same companies requested by multiple interested parties, and the 
groupings of companies that have been collapsed and/or have been 
previously found affiliated.
    \4\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Partial Rescission of Antidumping Duty 
Administrative Review; 2015-2016, 81 FR 46047 (July 15, 2016). While 
the petitioner and ASPA withdrew their respective review requests of 
Tan Phong Phu Seafood Co., Ltd., VASEP did not withdraw its review 
request on behalf of this company; thus, we did not rescind the 
review with respect to Tan Phong Phu Seafood Co., Ltd. because there 
remains an active review request for it on the record.
    \5\ 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

    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 (HTSUS) 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. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Preliminary 
Decision Memorandum, remains dispositive.\6\
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    \6\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, titled ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam; 2015-2016,'' dated concurrently with 
and adopted by this notice (``Preliminary Decision Memorandum'').
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Preliminary Determination of No Shipments

    Based on our analysis of CBP information and information provided 
by a number of companies, we preliminarily determine that 13 companies 
\7\ under review did not have any reviewable transactions during the 
POR. In addition, the Department finds that, consistent with its 
assessment practice in non-market economy (NME) cases, it is 
appropriate not to rescind the review in part in these circumstances, 
but to complete the review with respect to these 13 companies and issue 
appropriate instructions to CBP based on the final results of the 
review.\8\ For additional information regarding this determination, see 
the Preliminary Decision Memorandum.
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    \7\ These 13 companies are: (1) BIM Seafood Joint Stock Company; 
(2) Bien Dong Seafood Co., Ltd.; (3) Cam Ranh Seafoods Processing 
Enterprise Company; (4) Ben Tre Forestry and Aquaproduct Import 
Export Joint Stock Company; (5) Fine Foods Company (FFC) (Ca Mau 
Foods & Fishery Export Joint Stock Company); (6) Gallant Dachan 
Seafood Co., Ltd.; (7) Green Farms Joint Stock Company; (8) Minh 
Cuong Seafood Import Export Frozen Processing Joint Stock Company; 
(9) Quang Minh Seafood Co., Ltd.; (10) Quang Ninh Export Aquatic 
Products Processing Factory; (11) Tacvan Frozen Seafood Processing 
Export Company; (12); Trong Nhan Seafood Company Limited; and (13) 
Vinh Hoan Corp.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Notice''); see also ``Assessment Rates'' section below.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). Because the 
mandatory respondents in this administrative review have not responded 
to all portions of the NME questionnaire, we preliminarily determine 
that they are ineligible for a separate rate and are part of the 
Vietnam-Wide entity, subject to the Vietnam-Wide entity rate of 25.76 
percent.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via the 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 Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department finds that the two mandatory respondents and 51 
additional companies for which a review was requested have not 
established eligibility for a separate rate and are considered to be 
part of the Vietnam-Wide entity for these preliminary results.\9\ The 
Department's policy regarding conditional review of the Vietnam-Wide 
entity applies to this administrative review.\10\ 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.
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    \9\ See Appendix II for a full list of all 53 companies; see 
also Preliminary Decision Memorandum.
    \10\ 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).
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    The statute and the Department's regulations do not address what 
rate to apply to respondents not selected for individual examination 
when the Department limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act. Generally, the Department 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for non-selected respondents that are not examined 
individually in an administrative review. Section 735(c)(5)(A) of the 
Act states that the all-others rate should be calculated by averaging 
the weighted-average dumping margins for individually-examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available. Section 735(c)(5)(B) of the Act provides 
that, where all rates are zero, de minimis, or based entirely on facts 
available, the Department may use ``any reasonable method'' for 
assigning a rate to non-examined respondents.
    However, for these preliminary results, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, consistent

[[Page 78791]]

with our recent practice,\11\ we preliminarily determine to assign to 
the non-individually examined separate rate respondents the most 
recently assigned separate rate in this proceeding, which is from the 
previous administrative review.\12\ Using this method, we are 
preliminarily assigning a separate rate margin of 4.78 percent to the 
12 non-individually examined companies that demonstrated their 
eligibility for a separate rate.
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    \11\ See, e.g., Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Preliminary Results and Partial Rescission of 
the Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131 
(September 19, 2016) and accompanying Preliminary Decision 
Memorandum.
    \12\ This margin is from the 2014-2015 administrative review. 
See Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review, 
2014-2015, 81 FR 62717 (September 12, 2016) (AR10 Final).
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    The Department preliminarily determines that the following dumping 
margins exist:
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    \13\ 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 in the rate box 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.

------------------------------------------------------------------------
                                                              Margin
                      Exporter \13\                          (percent)
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Au Vung One Seafood Processing Import & Export Joint                4.78
 Stock Company..........................................
Cadovimex Seafood Import-Export and Processing Joint                4.78
 Stock Company..........................................
Cafatex Corporation, aka................................            4.78
Taydo Seafood Enterprise................................
Gallant Ocean (Vietnam) Co., Ltd........................            4.78
Investment Commerce Fisheries Corporation...............            4.78
Kim Anh Company Limited.................................            4.78
Ngo Bros Seaproducts Import-Export One Member Company               4.78
 Limited, aka...........................................
Ngo Bros................................................
Nha Trang Fisheries Joint Stock Company.................            4.78
Phuong Nam Foodstuff Corp...............................            4.78
Taika Seafood Corporation...............................            4.78
UTXI Aquatic Products Processing Corporation............            4.78
Vietnam Fish One Co., Ltd., aka.........................            4.78
Viet Hai Seafood Co., Ltd...............................
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Disclosure and Public Comment

    Normally, The Department will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here the 
Department preliminarily applied a separate rate \14\ and the Vietnam-
Wide rate \15\ which were established in prior segments of the 
proceeding. Thus, there are no calculations on this record to disclose.
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    \14\ See AR10 Final.
    \15\ See Final Determination of Sales at Less Than Fair Value: 
Certain Frozen and Canned Warmwater Shrimp from the Socialist 
Republic of Vietnam, 69 FR 71005, 71008 (December 8, 2004) and 
accompanying Issues and Decision Memorandum at Comments 6 and 10C 
(``we have applied a rate of 25.76 percent, a rate calculated in the 
initiation stage of the investigation from information provided in 
the petition (as adjusted by the Department)'').
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    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs no later than 30 days after the publication of these 
preliminary results, and rebuttal comments within five days after the 
time limit for filing case briefs. Parties who submit case briefs or 
rebuttal briefs are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\16\ Rebuttal briefs must be limited to issues 
raised in the case briefs.\17\
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    \16\ See 19 CFR 351.309(c) and (d).
    \17\ See 19 CFR 351.309(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\18\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date. The 
Department intends to issue the final results of this administrative 
review, including the results of our analysis of issues raised in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register.
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    \18\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\19\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. For the companies receiving a separate rate, we 
intend to assign an assessment rate of 4.78 percent, consistent with 
the methodology described above. For the final results, if we continue 
to treat the mandatory respondents and the additional 51 companies 
identified in Appendix II as part of the Vietnam-Wide entity, we will 
instruct CBP to apply an ad valorem assessment rate of 25.76 percent to 
all entries of subject merchandise during the POR which were produced 
and/or exported by those companies. Finally, if we continue to make a 
no-shipment finding for the 13 companies that reported that they had no 
shipments of the subject merchandise during the POR, any suspended 
entries of subject merchandise from these 13 companies will be 
liquidated at the Vietnam-Wide rate.\20\ The final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by this review and for future deposits 
of estimated duties, where applicable.\21\
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    \19\ See 19 CFR 351.212(b).
    \20\ See Assessment Notice.
    \21\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    Should the final results of this administrative review remain 
unchanged from these preliminary results, the following cash deposit

[[Page 78792]]

requirements will be effective upon publication of the final results 
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 the existing 
rate for the Vietnam-Wide entity of 25.76 percent; 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.

Notification to Importers

    This notice also serves as a preliminary 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 review period. 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.
    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: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    a. Respondent Selection
    b. Preliminary Determination of No Shipments
    c. Non-Market Economy Country
    d. Separate Rates
    e. The Vietnam-Wide Entity
    f. Separate Rate for Eligible, Non-Examined Respondents
V. 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. Binh Thuan Import--Export Joint Stock Company (THAIMEX)
7. Binh An Seafood Joint Stock Company
8. B.O.P. Limited Co.
9. C.P. Vietnam Corporation, aka
    C.P. Vietnam Corporation (``C.P. Vietnam''), aka
    C.P. Vietnam Livestock Company Limited, aka
    C.P. Vietnam Livestock Corporation
10. Can Tho Agricultural and Animal Product Import Export Company 
(``CATACO''), aka
    Can Tho Agricultural and Animal Products Import Export Company 
(``CATACO''), aka
Can Tho Agricultural and Animal Products Imex Company, aka
    Can Tho Agricultural Products
11. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX)
12. Cautre Export Goods Processing Joint Stock Company
13. Coastal Fisheries Development Corporation (``COFIDEC'')
14. Danang Seaproducts Import-Export Corporation (``Seaprodex 
Danang'') (and its affiliates), aka
Danang Seaproducts Import Export Corporation (and its affiliate, Tho 
Quang Seafood Processing and Export Company) (collectively, 
``Seaprodex Danang'')), aka
    Danang Seaproducts Import Export Corporation (``Seaprodex 
Danang''), aka
    Seaprodex Danang, aka
    Tho Quang Co, aka
    Tho Quang Seafood Processing and Export Company, aka
    Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and 
Export Company)
15. Duy Dai Corporation
16. D & N Foods Processing (Danang Company Ltd.)
17. Gallant Ocean (Quang Ngai) Co., Ltd.
18. Gn Foods
19. Hai Thanh Food Company Ltd.
20. Hai Vuong Co., Ltd.
21. Han An Trading Service Co., Ltd.
22. Hoang Hai Company Ltd.
23. Hua Heong Food Industries Vietnam Co. Ltd.
24. Huynh Huong Seafood Processing (Huynh Houng Trading and Import 
Export Joint Stock Company)
25. Kien Long Seafoods Co. Ltd.
26. Khanh Loi Seafood Factory
27. Long Toan Frozen Aquatic Products Joint Stock Company
28. Luan Vo Fishery Co., Ltd.
29. Minh Chau Imp. Exp. Seafood Processing Co., Ltd.
30. Mp Consol Co., Ltd.
31. New Wind Seafood Co., Ltd.
32. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company
33. Ngoc Sinh, aka
    Ngoc Sinh Fisheries, aka
    Ngoc Sinh Private Enterprises, aka
    Ngoc Sinh Seafoods, aka
    Ngoc Sinh Seafood Processing Company, aka
    Ngoc Sinh Seafood Trading & Processing Enterprise
34. Nhat Duc Co., Ltd. (``Nhat Duc''), aka
    Nhat Duc Co., Ltd., aka
    Nhat Duc Co. Ltd.
35. Phu Cuong Jostoco Seafood Corporation, aka
    Phu Cuong Jostoco Corp.
36. Quoc Ai Seafood Processing Import Export Co., Ltd.
37. S.R.V. Freight Services Co., Ltd.
38. Saigon Food Joint Stock Company
39. Sustainable Seafood
40. Tan Thanh Loi Frozen Food Co., Ltd.
41. Tan Phong Phu Seafood Co., Ltd., aka
    Tan Phong Phu Seafood Company Ltd. (``TPP Co., Ltd.''), aka
    Tan Phong Phu Seafood Co. Ltd. (``TPP Co., Ltd.'')
42. Thanh Doan Seaproducts Import & Export Processing Joint-Stock 
Company (THADIMEXCO)
43. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.
44. Thanh Tri Seafood Processing Co. Ltd.
45. Thinh Hung Co., Ltd.
46. Trang Khan Seafood Co., Ltd.
47. Tien Tien Garment Joint Stock Company
48. Tithi Co., Ltd.
49. Viet Cuong Seafood Processing Import Export Joint-Stock Company
50. Vietnam Northern Viking Technologies Co. Ltd.
51. Vinatex Danang
52. Vinh Loi Import Export Company (``VIMEX''), aka
    Vinh Loi Import Export Company (``Vimexco'')
53. Xi Nghiep Che Bien Thuy Sue San Xuat Kau Cantho

[FR Doc. 2016-27071 Filed 11-8-16; 8:45 am]
 BILLING CODE 3510-DS-P