[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46704-46707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20030]


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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, 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Fimex VN 
sold certain frozen warmwater shrimp from the Socialist Republic of 
Vietnam (Vietnam) at less than normal value (NV) during the period of 
review (POR), February 1, 2016, through January 31, 2017.

DATES: Applicable September 14, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Josh Simonidis, 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 or (202) 482-0608, 
respectively.

SUPPLEMENTARY INFORMATION: On March 12, 2018, Commerce published the 
Preliminary Results.\1\ On August 9, 2018, we invited interested 
parties to comment on the Preliminary Results.\2\ For events since the 
Preliminary Results, see Issues and Decision Memorandum.\3\
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    \1\ See 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, 83 FR 10673 (March 12, 2018) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum re: ``Case and Rebuttal Brief Schedule,'' 
dated August 9, 2018.
    \3\ See Memorandum re: ``Issues and Decision Memorandum for the 
Final Results'' (Issues and Decision Memorandum), dated concurrently 
with, and hereby adopted by, this notice.
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Scope of the Order \4\
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    \4\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (Order).
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    The merchandise subject to the Order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. The 
written description of the scope of the Order is dispositive. A full 
description of the scope of the Order is available in the accompanying 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the accompanying Issues and Decision 
Memorandum. A list of the issues which parties raised, and to which we 
respond in the Issues and Decision Memorandum is attached at Appendix 
I. The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that the following 
companies, as initiated, did not have any reviewable transactions 
during the POR: (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. 
As we have not received any information to contradict this preliminary 
determination, we determine for these final results that the

[[Page 46705]]

above-named companies did not have any reviewable entries of subject 
merchandise during the POR and will issue appropriate instructions that 
are consistent with our ``automatic assessment'' clarification.\5\
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    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of 
AD Duties).
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Changes Since the Preliminary Results

    Commerce made changes to Fimex VN's preliminary dumping margin 
based on verification findings. For detailed information, see the 
Issues and Decision Memorandum.

Final Results of Review

    In the Preliminary Results, Commerce found that 30 companies for 
which a review was requested had not established eligibility for a 
separate rate and were considered to be part of the Vietnam-wide 
entity.\6\ We continue to find, for the final results, that these 30 
companies are ineligible for a separate rate (see Appendix II). 
Commerce's change in policy regarding conditional review of the 
Vietnam-wide entity applies to this administrative review.\7\ 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 
determines that the following weighted-average dumping margins exist:
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    \6\ See Appendix II for a full list of the 30 companies 
(accounting for duplicate names initiated upon); see also 
Preliminary Results at Appendix II.
    \7\ 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 \8\                        average margin
                                                             (percent)
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Fimex VN................................................            4.58
Au Vung Two Seafood Processing Import & Export Joint                4.58
 Stock Company, aka AU VUNG TWO SEAFOOD.................
Bac Lieu Fisheries Joint Stock Company..................            4.58
Bentre Forestry and Aquaproduct Import-Export Joint                 4.58
 Stock Company, aka FAQUIMEX............................
C.P. Vietnam Corporation................................            4.58
Cadovimex Seafood Import-Export and Processing Joint                4.58
 Stock Company..........................................
Camau Frozen Seafood Processing Import Export                       4.58
 Corporation, aka Camimex...............................
Camau Seafood Processing and Service Joint Stock                    4.58
 Corporation, aka Camau Seafood Processing and Service
 Joint-Stock Corporation, aka CASES.....................
Can Tho Import Export Fishery Limited Company, aka                  4.58
 CAFISH.................................................
Cuulong Seaproducts Company, aka Cuulong Seapro.........            4.58
Fine Foods Co, aka FFC..................................            4.58
Green Farms Seafood Joint Stock Company.................            4.58
Hai Viet Corporation, aka HAVICO........................            4.58
Investment Commerce Fisheries Corporation...............            4.58
Khanh Sung Company, Ltd.................................            4.58
Kim Anh Company Limited.................................            4.58
Minh Hai Export Frozen Seafood Processing Joint-Stock               4.58
 Company, aka Minh Hai Jostoco..........................
Minh Hai Joint-Stock Seafoods Processing Company, aka               4.58
 Sea Minh Hai, aka Seaprodex Minh Hai, aka Minh Hai
 Joint Stock Seafoods...................................
Ngoc Tri Seafood Joint Stock Company....................            4.58
Nha Trang Seaproduct Company, aka NT Seafoods                       4.58
 Corporation, aka Nha Trang Seafoods-F89 Joint Stock
 Company, aka NTSF Seafoods Joint Stock Company.........
Phuong Nam Foodstuff Corp...............................            4.58
Seaprimexco Vietnam, aka Seaprimexco....................            4.58
Taika Seafood Corporation...............................            4.58
Tan Phong Phu Seafood Co., Ltd..........................            4.58
Thanh Doan Sea Products Import & Export Processing Joint-           4.58
 Stock Company, aka THADIMEXCO..........................
Thong Thuan-Cam Ranh Seafood Joint Stock Company........            4.58
Thong Thuan Company Limited.............................            4.58
Thuan Phuoc Seafoods and Trading Corporation............            4.58
Trung Son Seafood Processing Joint Stock Company, aka               4.58
 Trung Son Seafood Processing JSC.......................
UTXI Aquatic Products Processing Corporation............            4.58
Viet Foods Co., Ltd.....................................            4.58
Vietnam Clean Seafood Corporation, aka Vina Cleanfood,              4.58
 aka Viet Nam Clean Seafood Corporation.................
Vietnam Fish One Co., Ltd...............................            4.58
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Rate for Non-Selected Companies

    Under section 735(c)(5)(A) of the Tariff Act of 1930, as amended 
(Act), the all-others rate is normally an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely on the 
basis of facts available. Accordingly, under Commerce's practice, in an 
administrative review of a nonmarket economy antidumping order, when 
only one weighted-average dumping margin for an individually 
investigated respondent is above de minimis and not based entirely on 
facts available, the separate rate will be equal to that single, above 
de minimis rate. In these final results, Commerce calculated

[[Page 46706]]

a rate for Fimex VN that is not zero, de minimis, or based entirely on 
facts available. Therefore, Commerce has assigned to the companies that 
have not been individually examined but have demonstrated their 
eligibility for a separate rate a margin of 4.58 percent, which is the 
final dumping margin calculated for Fimex VN.
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    \8\ Due to the issues we have had in the past with variations of 
exporter names related to this Order, we remind exporters that the 
names listed below are the exact names, including spelling and 
punctuation, which Commerce will provide to CBP and which CBP will 
use to assess POR entries and collect cash deposits.
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Disclosure and Public Comment

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of these final results of review.
    For Fimex VN, 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 and the total entered 
value of sales. Where we do not have entered values for all U.S. sales 
to a particular importer/customer, we will calculate a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).\9\ To determine 
whether the duty assessment rates are de minimis, in accordance with 
the requirement set forth in 19 CFR 351.106(c)(2), we will calculate 
importer- (or customer-) specific ad valorem ratios based on the 
estimated entered value. Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, we will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\10\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 352.106(c)(2); Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012) (Final Modification for Reviews).
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    For the companies receiving a separate rate, we intend to assign an 
ad valorem assessment rate of 4.58 percent, consistent with the 
methodology described above. With regard to the 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.\11\
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    \11\ 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 (December 8, 2004).
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    Additionally, consistent with its assessment practice in non-market 
economy (NME) cases, for any exporter under review which Commerce 
determined had no shipments of the subject merchandise during the POR, 
any suspended entries that entered under that exporter's case number 
(i.e., at that exporter's rate) will be liquidated at the NME-wide 
rate.\12\
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    \12\ For a full discussion of this practice, see Assessment of 
AD Duties, 76 FR at 65694-65695.
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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 Vietnamese and non-
Vietnamese 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 Vietnamese 
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-Vietnamese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Vietnamese exporter 
that supplied that non-Vietnamese 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h) and 19 
CFR 351.221(b)(5).

    Dated: September 7, 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 Issues Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Fresh Shrimp Surrogate Value
Comment 2: Fimex VN Shrimp Input Conversion
Comment 3: Separate Rate Status for Trade Names
    A. Thuan Phuoc Seafoods and Trading Corporation
    B. Seaprodex Minh Hai
    C. Camau Frozen Seafood Processing Import Export Corporation
    D. Can Tho Import Export Fishery Limited Company
    E. Minh Hai Export Frozen Seafood Processing Joint-Stock Company
    F. Fine Foods Co.
    G. Bentre Forestry and Aquaproduct Import-Export Joint Stock 
Company
    H. UTXI Aquatic Products Processing Corporation
    I. Abbreviated Names for Other Companies
V. Recommendation

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.

[[Page 46707]]

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
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. 2018-20030 Filed 9-13-18; 8:45 am]
BILLING CODE 3510-DS-P