[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10673-10676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04901]


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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 
and Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain frozen warmwater shrimp (shrimp) from the Socialist 
Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the 
United States at less than normal value during the period of review 
(POR) February 1, 2016, through January 31, 2017.

DATES: Applicable March 12, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the preliminary results of this review is now 
March 5, 2018.\1\
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    \1\ See Memorandum for the Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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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.\2\
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    \2\ For a complete description of the Scope of the Order, see 
Memorandum to Gary Taverman, Deputy Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Senior Director 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; 2016-2017,'' dated concurrently with, 
and adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the

[[Page 10674]]

Act). Export prices were calculated in accordance with section 772 of 
the Act. Because Vietnam is a non-market economy within the meaning of 
section 771(18) of the Act, NV was calculated in accordance with 
section 773(c) of the Act.
    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 Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by a number of companies, we 
preliminarily determine that 11 companies \3\ under active review did 
not have any reviewable transactions during the POR. In addition, 
Commerce finds, consistent with its refinement to its assessment 
practice in non-market economy cases, that it is appropriate not to 
rescind the review in part in these circumstances, but to complete the 
review with respect to these 11 companies and issue appropriate 
instructions to CBP based on the final results of the review.\4\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
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    \3\ These 11 companies are: (1) Au Vung One Seafood Processing 
Import & Export Joint Stock Company; (2) Bien Dong Seafood Co., 
Ltd.; (3) BIM Seafood Joint Stock Company; (4) Cafatex Corporation 
and its claimed aka names (a) Taydo Seafood Enterprise and (b) Xi 
Nghiep Che Bien Thuy Sue San Xuat Cantho; (5) Cam Ranh Seafoods; (6) 
Ngo Bros, also initiated as, Ngo Bros Seaproducts Import-Export One 
Member Company Limited, and NGO BROS Seaproducts Import- Export One 
Member Company Limited; (7) Quang Minh Seafood Co., Ltd., also 
initiated as Quang Minh Seafood Co LTD; (8) Tacvan Frozen Seafood 
Processing Export Company, also initiated as Tacvan Seafoods 
Company, Tacvan Seafoods Company (``TACVAN''), and Tacvan Seafoods 
Company (TACVAN); (9) Thong Thuan Seafood Company Limited; (10) 
Trong Nhan Seafood Company Limited, also initiated as Trong Nhan 
Seafood Co., Ltd. (``Trong Nhan''); and (11) Vinh Hoan Corp.
    \4\ 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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Preliminary Results of Review

    Commerce finds that 30 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.\5\ 
Commerce's change in policy regarding conditional review of the 
Vietnam-wide entity applies to this administrative review.\6\ Under 
this policy, the Vietnam-wide entity will not be under review unless a 
party specifically requests, or Commerce 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, Commerce 
preliminarily determines that the following weighted-average dumping 
margins exist:
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    \5\ See Appendix II for a full list of the 30 companies 
(accounting for duplicate names initiated upon); see also 
Preliminary Decision Memorandum, at 13.
    \6\ 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).

------------------------------------------------------------------------
                                                           Weighted-
                      Exporter 7                        average  margin
                                                           (percent)
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Fimex VN.............................................              25.39
Au Vung Two Seafood Processing Import & Export Joint               25.39
 Stock Company, aka AU VUNG TWO SEAFOOD..............
Bac Lieu Fisheries Joint Stock Company...............              25.39
Bentre Forestry and Aquaproduct Import-Export Joint                25.39
 Stock Company, aka FAQUIMEX, aka Bentre Forestry and
 Aquaproduct Import-Export Joint Stock Company
 (FAQUIMEX)..........................................
C.P. Vietnam Corporation.............................              25.39
Cadovimex Seafood Import-Export and Processing Joint               25.39
 Stock Company.......................................
Camau Frozen Seafood Processing Import Export                      25.39
 Corporation, aka Camimex............................
Camau Seafood Processing and Service Joint Stock                   25.39
 Corporation, aka Camau Seafood Processing and
 Service Joint-Stock Corporation, aka CASES..........
Can Tho Import Export Fishery Limited Company, aka                 25.39
 CAFISH..............................................
Cuulong Seaproducts Company, aka Cuulong Seapro......              25.39
Fine Foods Co, aka Fine Foods Co (FFC)...............              25.39
Green Farms Seafood Joint Stock Company..............              25.39
Hai Viet Corporation, aka HAVICO.....................              25.39
Investment Commerce Fisheries Corporation............              25.39
Khanh Sung Company, Ltd..............................              25.39
Kim Anh Company Limited..............................              25.39
Minh Hai Export Frozen Seafood Processing Joint-Stock              25.39
 Company, aka Minh Hai Jostoco.......................
Sea Minh Hai, aka Seaprodex Minh Hai.................              25.39
Ngoc Tri Seafood Joint Stock Company.................              25.39
Nha Trang Seaproduct Company, aka NT Seafoods                      25.39
 Corporation, aka Nha Trang Seafoods--F89 Joint Stock
 Company, aka NTSF Seafoods Joint Stock Company......
Phuong Nam Foodstuff Corp............................              25.39
Seaprimexco Vietnam, aka Seaprimexco.................              25.39
Taika Seafood Corporation............................              25.39
Tan Phong Phu Seafood Co., Ltd.......................              25.39
Thanh Doan Sea Products Import & Export Processing                 25.39
 Joint-Stock Company, aka THADIMEXCO.................
Thong Thuan--Cam Ranh Seafood Joint Stock Company....              25.39

[[Page 10675]]

 
Thong Thuan Company Limited..........................              25.39
Thuan Phuoc Seafoods and Trading Corporation.........              25.39
Trung Son Seafood Processing Joint Stock Company, aka              25.39
 Trung Son Seafood Processing JSC....................
UTXI Aquatic Products Processing Corporation.........              25.39
Viet Foods Co., Ltd..................................              25.39
Vietnam Fish One Co., Ltd............................              25.39
Vietnam Clean Seafood Corporation, aka Vina                        25.39
 Cleanfood, aka Viet Nam Clean Seafood Corporation...
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Disclosure and Public Comment

    Commerce will disclose the calculations used in our analysis to 
parties in this review within five days of the date of publication of 
this notice. Commerce intends to verify the information upon which we 
will rely for the final results. As such, Commerce will establish the 
briefing schedule at a later time, and will notify parties of the 
schedule in accordance with 19 CFR 351.309. 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.\8\ Rebuttal briefs must be limited to 
issues raised in the case briefs.\9\
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    \7\ Due to the issues Commerce had had in previous segments 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 Commerce will provide to 
CBP and which CBP will use to assess POR entries and collect cash 
deposits. Any names with punctuation variations, such as all 
capitalizations, dashes, periods, or commas can be confirmed by 
Commerce in the event CBP inquires about such variations.
    \8\ See 19 CFR 351.309(c) and (d).
    \9\ 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, Commerce 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.\10\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \10\ See 19 CFR 351.310(d).
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    Commerce 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, unless this deadline extended.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\11\ Commerce intends to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., is 0.50 percent or more) in 
the final results of this review, Commerce 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 to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1).\12\ We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate calculated in the final results of this review is above de 
minimis. Where either the respondent's weighted-average dumping margin 
is zero or de minimis, or an importer-specific assessment rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \11\ See 19 CFR 351.212(b).
    \12\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin assigned to Fimex VN in the final results of this review.\13\
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    \13\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying Preliminary Decision 
Memorandum at 10-11; unchanged in Drawn Stainless Steel Sinks from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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    For entries that were not reported in the U.S. sales database 
submitted by Fimex VN during this review, Commerce will instruct CBP to 
liquidate such entries at the Vietnam-wide rate. In addition, if we 
continue to find no shipments for the companies identified in the 
``Preliminary Determination of No Shipments'' section above, Commerce 
will instruct CBP to liquidate any suspended entries of subject 
merchandise from those companies at the Vietnam-wide rate.\14\
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    \14\ For a full discussion of this practice, see NME AD 
Assessment.
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    For the final results, if we continue to treat the 30 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.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

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

[[Page 10676]]

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 Commerce'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: March 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Preliminary Determination of No Shipments
    B. Non-Market Economy Country
    1. Separate Rates
    2. Vietnam-Wide Entity
    C. Surrogate Country and Surrogate Values
    1. Economic Comparability
    2. Significant Producers of Comparable Merchandise
    3. Data Availability
    D. Date of Sale
    E. Fair Value Comparisons
    1. Determination of the Comparison Method
    2. Results of the Differential Pricing Analysis
    F. Export Price
    G. Normal Value
    H. Factor Valuation Methodology
V. Currency Conversion
VI. Conclusion

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

1. Amanda Seafood Co., Ltd.
2. Asia Food Stuffs Import Export Co., Ltd.
3. Binh Thuan Import--Export Joint Stock Company (THAIMEX)
4. B.O.P. Limited Co.
5. Coastal Fisheries Development Corporation (``COFIDEC'')
6. CJ Freshway (FIDES Food System Co., Ltd.)
7. Dong Hai Seafood Limited Company
8. Duc Cuong Seafood Trading Co., Ltd.
9. Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and 
Export Company)
10. Gallant Dachan Seafood Co., Ltd.
11. Gallant Ocean (Vietnam) Co. Ltd., also initiated under Gallant 
Ocean (Viet Nam) Co., Ltd. (``Gallant Ocean Vietnam'')
12. Hanh An Trading Service Co., Ltd.
13. Hoang Phuong Seafood Factory
14. Huynh Huong Seafood Processing
15. JK Fish Co., Ltd.
16. Khai Minh Trading Investment Corporation
17. Long Toan Frozen Aquatic Products Joint Stock Company
18. Minh Cuong Seafood Import-Export Processing (``MC Seafood'')
19. Minh Phu Seafood Corporation (only as producer or exporter) \15\
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    \15\ Minh Phu Seafood Corporation is part of the Vietnam-Wide 
entity only in the event that it is identified on U.S. entry 
documentation or commercial documents as either producer or 
exporter. In the event that Minh Phu Seafood Corporation is 
identified on U.S. entry documentation and commercial documents as 
both producer and exporter, its entries are not subject to the AD 
Order and should not be suspended. See Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Notice of 
Implementation of Determination Under Section 129 of the Uruguay 
Round Agreements Act and Partial Revocation of the Antidumping Duty 
Order, 81 FR 47756, 47757 (Minh Phu Revocation) (July 22, 2016), 
where we stated that we ``will instruct U.S. Customs and Border 
Protection (``CBP'') to liquidate, without regard to antidumping 
duties, entries of certain frozen warmwater shrimp, produced and 
exported by the Minh Phu Group.'' Because Minh Phu Seafood 
Corporation is one of the trade names included in the Minh Phu 
Revocation, any entries of subject merchandise produced and exported 
by Minh Phu Seafood Corporation, or any other trade name combination 
of the companies within the group which was revoked from the AD 
Order, are not subject to the AD Order.
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20. Nam Hai Foodstuff and Export Company Ltd
21. New Wind Seafood Co., Ltd.
22. Nha Trang Fisheries Joint Stock Company (``Nha Trang Fisco''), 
also initiated under Nha Trang Fisheries Joint Stock Company
23. Nhat Duc Co., Ltd.
24. Phu Cuong Jostoco Seafood Corporation
25. Quoc Ai Seafood Processing Import Export Co., Ltd.
26. Saigon Food Joint Stock Company
27. Tan Thanh Loi Frozen Food Co., Ltd.
28. Thinh Hung Co., Ltd.
29. Trang Khan Seafood Co., Ltd.
30. Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho

[FR Doc. 2018-04901 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P