[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11431-11434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03503]


-----------------------------------------------------------------------

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, 2015-
2016

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

SUMMARY: On November 9, 2016, the Department of Commerce (Department) 
published in the Federal Register the preliminary results of the 
eleventh administrative review of the antidumping duty order on certain 
warmwater shrimp from the Socialist Republic of Vietnam (Vietnam). We 
continue find that the mandatory respondents in this review do not 
qualify for a separate rate and are, therefore, considered part of the 
Vietnam-Wide Entity during the period of review (POR) February 1, 2015, 
through January 31, 2016.

DATES: Effective February 23, 2017.

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

SUPPLEMENTARY INFORMATION: On November 9, 2016, the Department 
published the Preliminary Results,\1\ and gave interested parties an 
opportunity to comment. On November 10, 2016, Ngoc Tri Seafood Joint 
Stock Company (Ngoc Tri) filed a case brief.\2\ No other interested 
parties filed case briefs and no interested parties filed rebuttal 
briefs. We address Ngoc Tri's argument below.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review; 2015-2016, 81 FR 78789 (November 9, 2016) 
(Preliminary Results).
    \2\ See Ngoc Tri Case Brief, dated November 10, 2016.
---------------------------------------------------------------------------

Scope of the Order \3\
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    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,

[[Page 11432]]

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 customs purposes, the written 
product description, available in the Preliminary Decision 
Memorandum,\4\ remains dispositive.
---------------------------------------------------------------------------

    \4\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 2-4.
---------------------------------------------------------------------------

Analysis of Comments Received

    Ngoc Tri's single argument was that the Department's instructions 
to U.S. Customs and Border Protection (CBP) would inappropriately 
conflate its name with another company within the Vietnam-Wide Entity, 
``Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's 
affiliate),'' which has a similar name. Ngoc Tri requests that the 
Department ensure that CBP understands that this entity is distinct 
from Ngoc Tri and that the Department should not collapse these two 
entities.\5\
---------------------------------------------------------------------------

    \5\ See Ngoc Tri Case Brief, dated November 10, 2016, at 1.
---------------------------------------------------------------------------

    As an initial matter, the Department rescinded the review with 
respect to Ngoc Tri on July 15, 2016.\6\ In doing so, the Department 
subsequently issued instructions to CBP directing it to liquidate all 
POR entries of the subject merchandise for all the companies rescinded 
from review, which included Ngoc Tri.\7\ The Department did not rescind 
its review of, or liquidate entries for, ``Amanda Foods (Vietnam) Ltd. 
Ngoc Tri Seafood Company (Amanda's affiliate),'' which remains under 
review and part of the Vietnam-Wide Entity (see Appendix I). Thus, the 
Department has rescinded Ngoc Tri from this administrative review, and 
has not conflated Ngoc Tri with any other company in its instructions 
to CBP. Moreover, CBP is able to contact the Department (and frequently 
does) with any questions regarding instructions that we issue to it.\8\
---------------------------------------------------------------------------

    \6\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Partial Rescission of Antidumping Duty 
Administrative Review; 2015-2016, 81 FR 46047 (July 18, 2016).
    \7\ The Department liquidated the POR entries of Ngoc Tri 
Seafood Joint Stock Company, under case reference file A-552-802-
089, which is assigned solely to Ngoc Tri and not to any other 
company. See Partial Rescission Liquidation Instruction Message 
Number 6215301, dated August 2, 2016, available at: http://adcvd.cbp.dhs.gov/adcvdweb/ad_cvd_msgs/21629?filter_cat=ALL&filter_type=ALL&page=1&per_page=10&search=6215301.
    \8\ See, e.g., 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) and accompanying Issues and Decision Memorandum at 
Comment 12 (``CBP may inquire with the Department regarding, for 
example, the punctuation of a company's name as confirmation that 
they are the same company without the Department having to grant 
separate rate status to a name that does not meet the requirements 
for such.'').
---------------------------------------------------------------------------

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) 
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. As we have not received any information to 
contradict our preliminary finding, we determine that the above-named 
companies did not have any reviewable entries of subject merchandise 
during the POR, and intend to issue appropriate instructions that are 
consistent with our ``automatic assessment'' clarification, for these 
final results.\9\
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). In the 
Preliminary Results, the Department determined that, because the two 
mandatory respondents in this administrative review (Tan Phong Phu 
Seafood Co., Ltd. and C.P. Vietnam Corporation) had not responded to 
all portions of the questionnaire, 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.\10\ As no interested parties 
commented on this determination and we have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for reconsidering this determination, we find that the 
mandatory respondents are ineligible for a separate rate and are, 
consequently, subject to the Vietnam-Wide Entity rate of 25.76 percent.
---------------------------------------------------------------------------

    \10\ See Preliminary Results, 81 FR at 78790.
---------------------------------------------------------------------------

    The Department's policy regarding conditional review of the 
Vietnam-Wide Entity applies to this administrative review.\11\ 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.
---------------------------------------------------------------------------

    \11\ 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).
---------------------------------------------------------------------------

Final Results of Review

    As noted above, the Department finds that the two mandatory 
respondents have not established their eligibility for a separate rate 
and are considered to be part of the Vietnam-Wide Entity. Moreover, as 
in the Preliminary Results, we determined that 51 additional companies 
for which a review was requested have not established eligibility for a 
separate rate and continue to be part of the Vietnam-Wide Entity in 
these final results.\12\
---------------------------------------------------------------------------

    \12\ See Preliminary Results, 81 FR at 78790, 78792. See also 
Appendix I for a full list of all 51 companies and the two mandatory 
respondents not receiving a separate rate.
---------------------------------------------------------------------------

    Furthermore, 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.
    In this administrative review, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, as determined in the

[[Page 11433]]

Preliminary Results,\13\ we will assign to the non-individually 
examined separate rate respondents the most recently assigned separate 
rate in this proceeding, which is from the immediately preceding 
administrative review.\14\ Using this method, we are assigning a 
separate rate margin of 4.78 percent to the 12 non-individually 
examined companies that demonstrated their eligibility for a separate 
rate.
---------------------------------------------------------------------------

    \13\ See Preliminary Decision Memorandum at 11.
    \14\ See Preliminary Results, 81 FR at 78790-91. See also AR10 
Final, 81 FR at 62718.
---------------------------------------------------------------------------

    The Department determines that the following dumping margins exist:

------------------------------------------------------------------------
                                                       Dumping  margins
                     Exporter 15                           (percent)
------------------------------------------------------------------------
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 Taydo Seafood Enterprise...                4.78
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                       4.78
 Company 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 Viet Hai Seafood                    4.78
 Co., Ltd...........................................
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \15\ Due to the issues the Department has 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.
---------------------------------------------------------------------------

    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 final results in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, here, the Department has 
applied a separate rate \16\ and a country-wide rate,\17\ which were 
established in prior segments of the proceeding. Thus, there are no 
calculations on this record to disclose.
---------------------------------------------------------------------------

    \16\ See AR10 Final, 81 FR at 62718.
    \17\ 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).'').
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and 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 the companies receiving a separate 
rate, we intend to assign an ad valorem assessment rate of 4.78 
percent, consistent with the methodology described above. With regard 
to the mandatory respondents and the additional 51 companies identified 
in Appendix I 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.
    Additionally, consistent with its assessment practice in NME cases, 
for an exporter under review which the Department determined had no 
shipments of the subject merchandise, any suspended entries that it 
made under that exporter's case number (i.e., at that exporter's rate) 
will be liquidated at the NME-wide rate.\18\
---------------------------------------------------------------------------

    \18\ For a full discussion of this practice, see Assessment 
Notice.
---------------------------------------------------------------------------

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.

[[Page 11434]]

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: February 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

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 
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. 2017-03503 Filed 2-22-17; 8:45 am]
 BILLING CODE 3510-DS-P