[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28491-28493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09509]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results and Final Determination of No Shipments of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
four companies under review made no shipments of the subject 
merchandise during the period of review (POR). Commerce also determines 
that no other companies under review qualify for a separate rate, and 
that these companies are, therefore, considered part of the Vietnam-
Wide entity. The period of review (POR) is February 1, 2021, through 
January 31, 2022.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Katie Marksberry, 
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-
9175, or (202) 482-7906, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2023, Commerce published in the Federal Register the 
preliminary results \1\ of the administrative review of the antidumping 
duty order on certain frozen warmwater shrimp from the Socialist 
Republic of Vietnam (Vietnam). This review covers 96 companies 
preliminarily determined to be part of the Vietnam-wide entity and four 
companies preliminarily determined to have no reviewable transactions 
during the POR. We invited parties to comment on the Preliminary 
Results.\2\ No interested party submitted comments. Accordingly, the 
final results are unchanged from the Preliminary Results. Commerce 
conducted this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Preliminary Results, Partial Rescission, and 
Preliminary Determination of No Shipments of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 58 (January 3, 2023) 
(Preliminary Results).
    \2\ Id.
---------------------------------------------------------------------------

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 from Vietnam. For a full description of the scope of the Order, 
see the Preliminary Results.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 88 FR at 59 and Appendix I.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, Commerce found that four companies: (1) 
BIM Foods Joint Stock Company; (2) Minh Phu Hau Giang Seafood; (3) Minh 
Phu Seafood Corporation; and (4) Minh Qui Seafood Co., Ltd,\5\ did not 
have any reviewable transactions during the POR. As we have not 
received any information to contradict this preliminary finding, 
Commerce determines that these four companies did not have any 
reviewable entries of subject merchandise during the POR and will issue 
instructions that are consistent with our ``automatic assessment'' 
policy, described below.
---------------------------------------------------------------------------

    \5\ As stated in the Preliminary Results, shrimp produced and 
exported by Minh Phu Hau Giang Seafood, Minh Phu Seafood 
Corporation, and Minh Qui Seafood Co., Ltd., among others, were 
excluded from the Order effective July 18, 2016. 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, 47757-58 (July 22, 2016). Accordingly, this 
review was initiated for these three exporters only with respect to 
subject merchandise produced by another entity. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 87 FR 
21619 (April 12, 2022) (footnotes 8 through 10).
---------------------------------------------------------------------------

Final Results of Administrative Review

    As no parties submitted comments regarding the Preliminary Results, 
Commerce made no changes to its determinations for the final results of 
this review. For these final results, Commerce continues to find that 
the only three companies that submitted separate rate applications in 
this review did not establish eligibility for a separate rate.\6\ Based 
on the above

[[Page 28492]]

information, Commerce has not calculated any dumping margins for any 
companies under review, nor has Commerce granted separate rates to any 
companies under review. Commerce continues to find that that the 96 
companies under review, including the three companies discussed above, 
are part of the Vietnam-wide entity, and are subject to the Vietnam-
wide entity rate of 25.76 percent (see Appendix).
---------------------------------------------------------------------------

    \6\ These three companies are: (1) Quang Minh Seafood Co., Ltd. 
(Quang Minh); (2) Safe and Fresh Aquatic Products Joint Stock 
Company (Safe Fresh Aquatic); and (3) Ngoc Trinh Bac Lieu Seafood 
Co., Ltd. (Ngoc Trinh). Quang Minh and Ngoc Trinh submitted separate 
rate applications and were selected as mandatory respondents in this 
review, but subsequently withdrew from the review. Safe Fresh 
Aquatic submitted a separate rate application but also subsequently 
withdrew from the review. See Preliminary Results for the complete 
discussion.
---------------------------------------------------------------------------

    Because no party requested a review of the Vietnam-wide entity, and 
we did not self-initiate a review, the Vietnam-wide entity rate (i.e., 
25.76 percent) \7\ is not subject to change as a result of this review.
---------------------------------------------------------------------------

    \7\ See Order.
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this review in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    We have not calculated any assessment rates in this administrative 
review. With regard to the 96 companies identified in the Appendix 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, with respect to the four companies which 
Commerce determined made no shipments of the subject merchandise during 
the POR, consistent with Commerce's assessment practice in non-market 
economy (NME) cases, we will instruct CBP to liquidate any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) at the NME-wide rate.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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 previously 
investigated or reviewed Vietnamese and non-Vietnamese exporters that 
are not under review in this segment of the proceeding but have 
separate rates, the cash deposit rate will continue to be the 
exporter's existing cash deposit rate; (2) 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 (3) 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 final 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.

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
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.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1)(B) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: April 28, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Companies Under Review Determined to Be Part of the Vietnam-Wide Entity

1. Amanda Seafood Co., Ltd.
2. An Nguyen Investment Production and Group
3. Anh Khoa Seafood
4. Anh Minh Quan Corp.
5. APT Co.
6. Au Vung One Seafood
7. Binh Dong Fisheries Joint Stock Company
8. Binh Thuan Import-Export Joint Stock Company
9. Blue Bay Seafood Co., Ltd.
10. Cadovimex
11. Cadovimex II Seafood Import Export and Processing Joint Stock 
Company
12. Cadovimex Seafood Import-Export and Processing Joint Stock 
Company
13. Cantho Import Export Seafood Joint Stock Company
14. Caseamex
15. CJ Cau Tre Foods Joint Stock Company
16. Coastal Fisheries Development Corporation
17. COFIDEC
18. Danang Seafood Import Export
19. Danang Seaproducts Import-Export Corporation
20. Dong Hai Seafood Limited Company
21. Dong Phuong Seafood Co., Ltd.
22. Duc Cuong Seafood Trading Co., Ltd.
23. Duong Hung Seafood
24. FFC
25. Fine Foods Company
26. Gallant Dachan Seafood Co., Ltd.
27. Gallant Ocean (Vietnam) Co. Ltd.
28. Go Dang Joint Stock Company
29. GODACO Seafood
30. Green Farms Seafood Joint Stock Company
31. Hanh An Trading Service Co., Ltd.
32. Hong Ngoc Seafood Co., Ltd.
33. Hung Bang Company Limited
34. Hung Dong Investment Service Trading Co., Ltd.
35. HungHau Agricultural Joint Stock Company
36. JK Fish Co., Ltd.
37. Khanh Hoa Seafoods Exporting Company
38. KHASPEXCO
39. Long Toan Frozen Aquatic Products Joint Stock Company
40. MC Seafood
41. Minh Bach Seafood Company Limited
42. Minh Cuong Seafood Import Export Processing Joint Stock Company
43. Nam Viet Seafood Import Export Joint Stock Company
44. Namcan Seaproducts Import Export Joint Stock Company
45. New Generation Seafood Joint Stock Company
46. New Wind Seafood Co., Ltd.
47. Ngoc Trinh Bac Lieu Seafood Co., Ltd.
48. Nguyen Chi Aquatic Product Trading Company Limited
49. Nhat Duc Co., Ltd.
50. Nigico Co., Ltd.
51. Phuong Nam Foodstuff Corp.

[[Page 28493]]

52. Quang Minh Seafood Co., Ltd.
53. QAIMEXCO
54. Quoc Ai Seafood Processing Import Export Co., Ltd.
55. Quoc Toan PTE
56. Quoc Toan Seafood Processing Factory
57. Quy Nhon Frozen Seafoods Joint Stock Company
58. Safe and Fresh Aquatic Products Joint Stock Company
59. Safe and Fresh Co.
60. Saigon Aquatic Product Trading Joint Stock Company
61. Saigon Food Joint Stock Company
62. SEADANANG
63. Seafood Joint Stock Company No. 4
64. Seafood Travel Construction Import-Export Joint Stock Company
65. Seanamico
66. Seaspimex Vietnam
67. South Ha Tinh Seaproducts Import-Export Joint Stock Company
68. South Vina Shrimp-SVS
69. Southern Shrimp Joint Stock Company
70. Special Aquatic Products Joint Stock Company
71. T & P Seafood Company Limited
72. Tai Nguyen Seafood Co., Ltd.
73. Tan Phong Phu Seafood Co., Ltd.
74. Tan Thanh Loi Frozen Food Co., Ltd.
75. THADIMEXCO
76. Thai Hoa Foods Joint Stock Company
77. Thai Minh Long Seafood Company Limited
78. Thaimex
79. Thanh Doan Fisheries Import-Export Joint Stock Company
80. Thanh Doan Sea Products Import & Export Processing Joint-Stock 
Company
81. Thanh Doan Seafood Import Export Trading Joint-Stock Company
82. The Light Seafood Company Limited
83. Thien Phu Export Seafood
84. Thinh Hung Co., Ltd.
85. Thinh Phu Aquatic Products Trading Co., Ltd.
86. TPP Co. Ltd.
87. Trading and Import-Export Co., Ltd.
88. Trang Corporation (Vietnam)
89. Trung Son Seafood Processing Joint Stock Company
90. Van Duc Food Company Limited
91. Viet Phu Foods and Fish Corp.
92. Viet Shrimp Corporation
93. VIFAFOOD
94. Vinh Hoan Corp.
95. Vinh Phat Food Joint Stock Company
96. XNK Thinh Phat Processing Company

[FR Doc. 2023-09509 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P