[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]
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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, 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.
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\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.
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Scope of the Order \3\
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\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).
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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 (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.
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\4\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 2-4.
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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\
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\5\ See Ngoc Tri Case Brief, dated November 10, 2016, at 1.
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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\
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\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.'').
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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)
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\
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\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.
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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). 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.
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\10\ See Preliminary Results, 81 FR at 78790.
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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.
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\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).
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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\
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\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.
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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.
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\13\ See Preliminary Decision Memorandum at 11.
\14\ See Preliminary Results, 81 FR at 78790-91. See also AR10
Final, 81 FR at 62718.
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The Department determines that the following dumping margins exist:
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Dumping margins
Exporter 15 (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 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...........................................
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Disclosure and Public Comment
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\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.
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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.
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\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).'').
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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\
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\18\ For a full discussion of this practice, see Assessment
Notice.
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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.
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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