80 FR 12441 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 45 (March 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 45 (March 9, 2015)
| Page Range | 12441-12445 | |
| FR Document | 2015-05474 |
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)] [Notices] [Pages 12441-12445] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05474] [[Page 12441]] ----------------------------------------------------------------------- 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; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (``Department'') is conducting the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') for the period of review February 1, 2013, through January 31, 2014. The Department selected three mandatory respondents based on a sampling methodology, using the information available at the time of selection.\1\ The Department preliminarily determines that sales of subject merchandise by the Minh Phu Group \2\ and Thuan Phuoc \3\ were made below normal value (``NV''). The Department preliminarily determines that sales of subject merchandise by Fimex VN \4\ were not made below NV. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Memorandum to: James Doyle, Director Antidumping and Countervailing Duty Operations, From: Alexis Polovina, International Trade Compliance Analyst, Office V Enforcement and Compliance, Re: Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Respondent Selection Methodology and Sampling Pool for Selection of Respondents, dated October 3, 2014. \2\ Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., Minh Phat Seafood Co., Ltd., and Minh Phu Hau Giang Seafood Co., Ltd. (collectively, the ``Minh Phu Group''). \3\ Thuan Phuoc Seafoods and Trading Corporation (``Thuan Phuoc''). \4\ Sao Ta Foods Joint Stock Company (``Fimex VN''). --------------------------------------------------------------------------- DATES: Effective Date: March 9, 2015. FOR FURTHER INFORMATION CONTACT: Bob Palmer, Irene Gorelik, or Alexis Polovina, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, (202) 482-6905, (202) 482-3927, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the Order \5\ 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.\6\ --------------------------------------------------------------------------- \5\ See Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011) (``Order''). \6\ For a complete description of the Scope of the Order, see Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary 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; 2013-2014,'' dated concurrently with and adopted by this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). Constructed export prices and export prices were calculated in accordance with section 772 of the Act. Because Vietnam is a nonmarket 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'').\7\ ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 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 versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to AD and CVD Centralized Electronic Service System (``ACCESS''). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- 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 eight companies \8\ did not have any reviewable transactions during the POR. In addition, the Department 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 eight companies and issue appropriate instructions to CBP based on the final results of the review.\9\ For additional information regarding this determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ These eight companies are: (1) Bien Dong Seafood Co., Ltd. (``Bien Dong''); (2) BIM Foods Joint Stock Company; (3) Cafatex Fishery Joint Stock Corporation; (4) Camau Seafood Processing and Service Joint-stock Corporation (``CASES''); (5) Camranh Seafoods Co., Ltd.; (6) Nhat Duc Co., Ltd.; (7) Phu Cuong Jostco Seafood Corporation; and (8) Seavina Joint Stock Company (``Seavina''). \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. --------------------------------------------------------------------------- Preliminary Results of Review The Department finds that 56 companies for which a review was requested have not established eligibility for a separate rate and, thus, they are considered to be part of the Vietnam-wide entity for these preliminary results.\10\ The Department's change in 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 [[Page 12442]] 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, the Department preliminarily determines that the following weighted-average dumping margins exist: --------------------------------------------------------------------------- \10\ See Appendix II for a full list of the 56 companies; see also Preliminary Decision Memorandum, at 9-10. \11\ 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). \12\ 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 the Department will provide to CBP and which CBP will use to assess POR entries and collect cash deposits. \13\ The Department previously collapsed the companies within the Minh Phu Group in the sixth administrative review. See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Administrative Review, 77 FR 13547, 13549 (March 7, 2012), unchanged in Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 77 FR 55800 (September 11, 2012). In this review, the Department reevaluated the collapsed entity based on a corporate structure and name change of one of the collapsed companies, Minh Phu Hau Giang Seafood Co., Ltd. See ``Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Irene Gorelik, Senior Analyst, Office V, re; Collapsing Determination for the Minh Phu Seafood Corporation and its Affiliates, with Minh Phu Hau Giang Seafood Joint Stock Company,'' dated concurrently with this notice. In this memorandum, the Department found that Minh Phu Hau Giang Seafood Joint Stock Company is affiliated with the the Minh Phu Group group of companies, and that they comprise a single entity. Therefore, we will assign this rate to the companies in the single entity. The company name and trade names formerly used by Minh Phu Hau Giang Seafood Joint Stock Company have not been included above, for cash deposit purposes, based on the business license submitted on the record. However, the former names will be included for liquidation purposes at the conclusion of this review. ------------------------------------------------------------------------ Weighted- average Exporter \12\ margin (percent) ------------------------------------------------------------------------ Minh Phu Group: \13\....................................... 1.50 Minh Phu Seafood Corp., aka Minh Phu Seafood Corporation, aka Minh Phu Seafood Pte, aka Minh Phat Seafood Co., Ltd., aka Minh Qui Seafood Co., Ltd., aka Minh Qui Seafood, aka Minh Phu Hau Giang Seafood Joint Stock Company Sao Ta Foods Joint Stock Company (``Fimex VN''), aka....... 0.00 Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota Seafood Factory Thuan Phuoc Seafoods and Trading Corporation, aka.......... 1.06 Thuan Phuoc Corp., aka Frozen Seafoods Factory No. 32, aka Seafoods and Foodstuff Factory, aka Seafoods and Foodstuff Factory Vietnam, aka My Son Seafoods Factory Bac Lieu Fisheries Joint Stock Company, aka................ 0.93 Bac Lieu Fisheries Company Limited, aka Bac Lieu Fisheries Co., Ltd., aka Bac Lieu Fisheries Limited Company, aka Bac Lieu Fis Bentre Forestry and Aquaproduct Import-Export Joint Stock 0.93 Company, aka.............................................. FAQUIMEX Camau Frozen Seafood Processing Import Export Corporation, 0.93 aka....................................................... Camimex, aka Camau Seafood Factory No. 4, aka Camau Seafood Factory No. 5, aka Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX-FAC 25), aka Frozen Factory No. 4 C.P. Vietnam Corporation, aka.............................. 0.93 C.P. Vietnam Livestock Corporation, aka C.P. Vietnam Livestock Company Limited, aka C.P. Vietnam Cadovimex Seafood Import-Export and Processing Joint Stock 0.93 Company, aka.............................................. Cai Doi Vam Seafood Import-Export Company, aka Caidoivam Seafood Company (Cadovimex), aka Cadovimex-Vietnam Can Tho Import Export Fishery Limited Company, aka......... 0.93 CAFISH Fine Foods Co., aka........................................ 0.93 FFC Cuu Long Seaproducts Company, aka.......................... 0.93 Cuulong Seaproducts Company Cuu Long Seaproducts Limited, aka Cuulong Seapro aka Cuu Long Seapro [[Page 12443]] Gallant Ocean (Vietnam) Co., Ltd........................... 0.93 Gallant Dachan Seafood Co., Ltd............................ 0.93 Goldenquality Seafood Corporation.......................... 0.93 Hai Viet Corporation, aka.................................. 0.93 HAVICO Investment Commerce Fisheries Corporation, aka............. 0.93 Investment Commerce Fisheries Corp., aka Investment Commerce Fisheries, aka Incomfish, aka Incomfish Corp., aka Incomfish Corporation Kim Anh Company Limited, aka............................... 0.93 Kim Anh Co, Ltd. Minh Cuong Seafood Import Export Frozen Processing Joint 0.93 Stock Co, aka............................................. Minh Cuong Seafood Import- Export Processing, aka MC Seafood Minh Hai Export Frozen Seafood Processing Joint-Stock 0.93 Company, aka.............................................. Minh Hai Jostoco Minh Hai Joint-Stock Seafoods Processing Company, aka...... 0.93 Seaprodex Minh Hai, aka Sea Minh Hai, aka Seaprodex Min Hai, aka Seaprodex Minh Hai-Factory No. 78, aka Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.), aka Seaprodex Minh Hai Workshop 1, aka Seaprodex Minh Hai Factory No. 69 Minh Hai Sea Products Import Export Company, aka........... 0.93 Ca Mau Seafood Joint Stock Company, aka Seaprimexco Vietnam, aka Seaprimexco Nha Trang Fisheries Joint Stock Company, aka............... 0.93 Nha Trang Fisco aka Nhatrang Fisco, aka Nha Trang Fisheries, Joint Stock Nha Trang Seafoods Group:.................................. 0.93 Nha Trang Seaproduct Company, aka Nha Trang Seafoods, aka NT Seafoods Corporation, aka NT Seafoods, aka Nha Trang Seafoods--F89 Joint Stock Company, aka Nha Trang Seafoods--F89, aka NTSF Seafoods Joint Stock Company, aka NTSF Seafoods Ngoc Tri Seafood Joint Stock Company, aka.................. 0.93 Ngoc Tri Seafood Company Phuong Nam Foodstuff Corp., aka............................ 0.93 Phuong Nam Co., Ltd., aka Phuong Nam Foodstuff Product Processing Joint Stock Corporation, aka Phuong Namco-Ltd Quoc Viet Seaproducts Processing Trading and Import-Export 0.93 Co., Ltd.................................................. Soc Trang Seafood Joint Stock Company, aka................. 0.93 Stapimex, aka Soc Trang Aquatic Products and General Import Export Company, aka Soc Trang Aquatic Products and General Import Export Company (``Stapimex''), aka Stapmex Tacvan Frozen Seafood Processing Export Company, aka....... 0.93 Tacvan Seafoods Co. Tan Phong Phu Seafoods Co., Ltd............................ 0.93 Thong Thuan Company Limited, aka........................... 0.93 T&T Co., Ltd UTXI Aquatic Products Processing Corporation, aka.......... 0.93 UT XI Aquatic Products Processing Corporation, aka UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing Company, aka UTXI Co. Ltd., aka UTXI, aka UTXICO, aka Hoang Phuong Seafood Factory, aka Hoang Phong Seafood Factory Viet Foods Co., Ltd., aka.................................. 0.93 Nam Hai Foodstuff and Export Company Ltd. Vietnam Clean Seafood Corporation, aka..................... 0.93 Vina Cleanfood Viet Hai Seafood Co., Ltd., aka............................ 0.93 Vietnam Fish One Co., Ltd. Viet I-Mei Frozen Foods Co., Ltd........................... 0.93 ------------------------------------------------------------------------ [[Page 12444]] Disclosure and Public Comment The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice. The Department intends to verify the information upon which we will rely for the final results. As such, the Department 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.\14\ Rebuttal briefs must be limited to issues raised in the case briefs.\15\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.309(c) and (d). \15\ See 19 CFR 351.309(d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\16\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. Interested parties are invited to comment on the preliminary results of this review. --------------------------------------------------------------------------- \16\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department 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. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\17\ The Department 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, the Department 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, in accordance with 19 CFR 351.212(b)(1).\18\ 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. For the final results, if we continue to treat the 56 companies identified above 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 Department recently announced a refinement to its assessment practice in non-market economy cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the Vietnam-wide rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.\19\ --------------------------------------------------------------------------- \17\ See 19 CFR 351.212(b). \18\ In these preliminary results, the Department 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). \19\ For a full discussion of this practice, see Assessment Notice. --------------------------------------------------------------------------- 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 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 the Department'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 2, 2015. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Extension of Preliminary Results 4. Respondent Selection 5. Scope of the Order 6. Preliminary Determination of No Shipments 7. Non-Market Economy Country 8. Separate Rates 9. Sample Rate Calculation 10. Vietnam-Wide Entity [[Page 12445]] 11. Affiliation and Collapsing 12. Surrogate Country and Surrogate Value Data 13. Surrogate Country 14. Economic Comparability 15. Significant Producers of Comparable Merchandise 16. Data Availability 17. Public Availability and Broad-Market Average 18. Specificity 19. Contemporaneity and Tax and Duty Exclusive 20. Date of Sale 21. Determination of Comparison Method 22. Results of the Differential Pricing Analysis 23. U.S. Price 24. Normal Value 25. Factor Valuations 26. Currency Conversion Appendix II--Companies Subject To Review Determined To Be Part of the Vietnam-Wide Entity 1. An Giang Coffee JSC 2. Agrex Saigon 3. Amanda Foods (Vietnam) Ltd. Amanda Seafood Co., Ltd. 4. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's affiliate) 5. Anvifish Joint Stock Co. 6. Binh An Seafood Joint Stock Company 7. Camimex Seafood Company Limited 8. Ca Mau Foods and Fishery Export Joint Stock Company 9. Can Tho Agricultural and Animal Products Import Export Company, aka, Can Tho Agricultural Products, aka Can Tho Agricultural and Animal Products Imex Company, aka CATACO, aka Can Tho Agricultural and Animal Product Import Export Company (``CATACO''), aka Can Tho Agricultural and Animal Product Import Export Company (``CATACO'') and/or Can Tho Agricultural and Animal Products Import Export Company (``CATACO'''), aka Can Tho Agricultural & Animal Product Import Export Company (``CATACO''') and/or Can Tho Agricultural and Animal Products Import Export Company (``CATACO'') 10. Can Tho Import Export Seafood Joint Stock Company, aka CASEAMEX 11. Cau Tre Enterprise (C.T.E.) 12. Cautre Export Goods Processing Joint Stock Company 13. Chang Shin Vietnam Co., Ltd. 14. CL Fish Co., Ltd. (Cuu Long Fish Company) 15. Cautre Export Goods Processing Joint Stock Company 16. Coastal Fisheries Development Corporation Coastal Fisheries Development Corporation (``COFIDEC'') Coastal Fisheries Development Corporation (``Cofidec'') Coastal Fishery Development COFIDEC 17. D & N Foods Processing (Danang Company Ltd.) 18. Danang Seaproduct Import-Export Corporation (``Seaprodex Danang'') (and its affiliates) Danang Seaproducts Import Export Corporation Danang Seaproducts Import Export Corporation (``Seaprodex Danang'') Danang Seaproducts Import-Export Corporation (and its affilliate, Tho Quang Seafood Processing and Export Company) (collectively ``Seaprodex Danang'') Tho Quang Tho Quang Co. Tho Quang Seafood Processing and Export Company Tho Quang Seafood Processing & Export Company Seaprodex Danang 19. Duy Dai Corporation 20. Gallant Ocean (Quang Ngai) Co., Ltd. 21. Gn Foods 22. Hai Thanh Food Company Ltd. 23. Hai Vuong Co., Ltd. 24. Hoa Phat Aquatic Products Processing And Trading Service Co., Ltd. 25. Hoang Hai Company Ltd. 26. Hua Heong Food Industries Vietnam Co. Ltd. 27. Interfood Shareholding Co. 28. Khanh Loi Seafood Factory 29. Kien Long Seafoods Co. Ltd. 30. Luan Vo Fishery Co., Ltd. 31. Lucky Shining Co., Ltd. 32. Minh Chau Imp. Exp. Seafood Processing Co., Ltd. 33. Mp Consol Co., Ltd. 34. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company 35. Ngoc Sinh Ngoc Sinh Seafoods Processing and Trading Enterprise Ngoc Sinh Fisheries Ngoc Sinh Private Ngoc Sinh Private Enterprises Ngoc Sinh Seafood Processing Company Ngoc Sinh Seafood Trading & Processing Ngoc Sinh Seafood Trading & Processing Enterprise Ngoc Sinh Seafoods Ngoc Sinh Seafoods (Private Enterprise) Ngoc Sinh Seafoods Processing and Trading Enterprises 36. Ngo Bros Seaproducts Import-Export One Member Company Limited (``Ngo Bros'') 37. Quang Ninh Export Aquatic Products Processing Factory 38. Quang Ninh Seaproducts Factory 39. S.R.V. Freight Services Co., Ltd. 40. Sustainable Seafood 41. Tai Kim Anh Seafood Joint Stock Company 42. Tan Thang Loi Frozen Food Co., Ltd. 43. Thanh Doan Seaproducts Import & Export Processing Joint-Stock Company (THADIMEXCO) 44. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. 45. Thanh Tri Seafood Processing Co. Ltd. 46. The Quang Co. 47. The Quang Seafood Processing & Export Company 48. Thong Thuan-Cam Ranh Seafood Joint Stock Company 49. Tien Tien Garment Joint Stock Company 50. Tithi Co., Ltd. 51. Trang Corporation 52. Viet Cuong Seafood Processing Import Export Joint-Stock Company Viet Cuong Seafood Processing Import Export 53. Vietnam Northern Viking Technologies Co. Ltd. 54. Vinatex Danang 55. Vinh Hoan Corp. 56. Vinh Loi Import Export Company (``Vimexco''), aka Vinh Loi Import Export Company (``VIMEX''), aka VIMEXCO aka VIMEX aka Vinh Loi Import/Export Co., aka Vinhloi Import Export Company aka Vinh Loi Import-Export Company Vinh Loi Import Export Company (``Vimexco'') and/or Vinh Loi Import Export Company (``VIMEX'') [FR Doc. 2015-05474 Filed 3-6-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 12441
DEPARTMENT OF COMMERCE Scope of the Order Department of Commerce building. In
The merchandise subject to the addition, a complete version of the
International Trade Administration Order 5 is certain frozen warmwater Preliminary Decision Memorandum can
shrimp. The product is currently be accessed directly on the internet at
[A–552–802] classified under the following http://enforcement.trade.gov/frn/. The
Harmonized Tariff Schedule of the signed Preliminary Decision
Certain Frozen Warmwater Shrimp Memorandum and the electronic
United States (HTSUS) item numbers:
From the Socialist Republic of versions of the Preliminary Decision
0306.17.00.03, 0306.17.00.06,
Vietnam: Preliminary Results of Memorandum are identical in content.
0306.17.00.09, 0306.17.00.12,
Antidumping Duty Administrative 0306.17.00.15, 0306.17.00.18, Preliminary Determination of No
Review; 2013–2014 0306.17.00.21, 0306.17.00.24, Shipments
0306.17.00.27, 0306.17.00.40, Based on our analysis of U.S. Customs
AGENCY: Enforcement and Compliance, 1605.21.10.30, and 1605.29.10.10. and Border Protection (‘‘CBP’’)
International Trade Administration, Although the HTSUS numbers are information and information provided
Department of Commerce. provided for convenience and for by a number of companies, we
SUMMARY: In response to requests from customs purposes, the written product preliminarily determine that eight
interested parties, the Department of description, available in the Preliminary companies 8 did not have any
Commerce (‘‘Department’’) is Decision Memorandum, remains reviewable transactions during the POR.
conducting the administrative review of dispositive.6 In addition, the Department finds,
the antidumping duty order on certain Methodology consistent with its refinement to its
frozen warmwater shrimp from the assessment practice in non-market
Socialist Republic of Vietnam The Department conducted this economy cases, that it is appropriate not
(‘‘Vietnam’’) for the period of review review in accordance with section to rescind the review in part in these
751(a)(1)(A) of the Tariff Act of 1930, as circumstances, but to complete the
February 1, 2013, through January 31,
amended (‘‘the Act’’). Constructed review with respect to these eight
2014. The Department selected three
export prices and export prices were companies and issue appropriate
mandatory respondents based on a
calculated in accordance with section instructions to CBP based on the final
sampling methodology, using the
772 of the Act. Because Vietnam is a results of the review.9 For additional
information available at the time of nonmarket economy within the meaning
selection.1 The Department information regarding this
of section 771(18) of the Act, NV was determination, see the Preliminary
preliminarily determines that sales of calculated in accordance with section
subject merchandise by the Minh Phu Decision Memorandum.
773(c) of the Act.
Group 2 and Thuan Phuoc 3 were made For a full description of the Preliminary Results of Review
below normal value (‘‘NV’’). The methodology underlying our The Department finds that 56
Department preliminarily determines conclusions, see Preliminary Decision companies for which a review was
that sales of subject merchandise by Memorandum. The Preliminary requested have not established
Fimex VN 4 were not made below NV. Decision Memorandum is a public eligibility for a separate rate and, thus,
Interested parties are invited to document and is on file electronically they are considered to be part of the
comment on these preliminary results. via the Enforcement and Compliance’s Vietnam-wide entity for these
DATES: Effective Date: March 9, 2015. Antidumping and Countervailing Duty preliminary results.10 The Department’s
Centralized Electronic Service System change in policy regarding conditional
FOR FURTHER INFORMATION CONTACT: Bob (‘‘ACCESS’’).7 ACCESS is available to review of the Vietnam-wide entity
Palmer, Irene Gorelik, or Alexis registered users at http:// applies to this administrative review.11
Polovina, AD/CVD Operations, Office V, access.trade.gov and in the Central Under this policy, the Vietnam-wide
Enforcement and Compliance, Records Unit, room 7046 of the main entity will not be under review unless
International Trade Administration, a party specifically requests, or the
Department of Commerce, 14th Street 5 See Certain Frozen Warmwater Shrimp From Department self-initiates, a review of the
Brazil, India, the People’s Republic of China, entity. Because no party requested a
and Constitution Avenue NW., Thailand, and the Socialist Republic of Vietnam:
Washington, DC 20230; telephone: (202) Amended Antidumping Duty Orders in Accordance
review of the Vietnam-wide entity, the
482–9068, (202) 482–6905, (202) 482– with Final Court Decision, 76 FR 23277 (April 26, entity is not under review and the
3927, respectively. 2011) (‘‘Order’’).
6 For a complete description of the Scope of the 8 These eight companies are: (1) Bien Dong
SUPPLEMENTARY INFORMATION: Order, see Memorandum to Paul Piquado, Assistant Seafood Co., Ltd. (‘‘Bien Dong’’); (2) BIM Foods
Secretary for Enforcement and Compliance, from Joint Stock Company; (3) Cafatex Fishery Joint
Christian Marsh, Deputy Assistant Secretary for Stock Corporation; (4) Camau Seafood Processing
1 See Memorandum to: James Doyle, Director
Antidumping and Countervailing Duty Operations, and Service Joint-stock Corporation (‘‘CASES’’); (5)
Antidumping and Countervailing Duty Operations, titled ‘‘Decision Memorandum for Preliminary Camranh Seafoods Co., Ltd.; (6) Nhat Duc Co., Ltd.;
From: Alexis Polovina, International Trade Results of Antidumping Duty Administrative (7) Phu Cuong Jostco Seafood Corporation; and (8)
Compliance Analyst, Office V Enforcement and Review: Certain Frozen Warmwater Shrimp from Seavina Joint Stock Company (‘‘Seavina’’).
Compliance, Re: Antidumping Duty Administrative the Socialist Republic of Vietnam; 2013–2014,’’ 9 See Non-Market Economy Antidumping
Review of Certain Frozen Warmwater Shrimp from dated concurrently with and adopted by this notice Proceedings: Assessment of Antidumping Duties, 76
the Socialist Republic of Vietnam: Respondent (‘‘Preliminary Decision Memorandum’’). FR 65694 (October 24, 2011) (‘‘Assessment Notice’’);
Selection Methodology and Sampling Pool for 7 On November 24, 2014, Enforcement and see also ‘‘Assessment Rates’’ section below.
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Selection of Respondents, dated October 3, 2014. Compliance changed the name of Enforcement and 10 See Appendix II for a full list of the 56
2 Minh Phu Seafood Corporation, Minh Qui
Compliance’s AD and CVD Centralized Electronic companies; see also Preliminary Decision
Seafood Co., Ltd., Minh Phat Seafood Co., Ltd., and Service System (‘‘IA ACCESS’’) to AD and CVD Memorandum, at 9–10.
Minh Phu Hau Giang Seafood Co., Ltd. Centralized Electronic Service System (‘‘ACCESS’’). 11 Antidumping Proceedings: Announcement of
(collectively, the ‘‘Minh Phu Group’’). The Web site location was changed from http:// Change in Department Practice for Respondent
3 Thuan Phuoc Seafoods and Trading Corporation
iaaccess.trade.gov to http://access.trade.gov. The Selection in Antidumping Duty Proceedings and
(‘‘Thuan Phuoc’’). Final Rule changing the references to the Conditional Review of the Nonmarket Economy
4 Sao Ta Foods Joint Stock Company (‘‘Fimex Regulations can be found at 79 FR 69046 Entity in NME Antidumping Duty Proceedings, 78
VN’’). (November 20, 2014). FR 65963 (November 4, 2013).
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![Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 12445
11. Affiliation and Collapsing 17. D & N Foods Processing (Danang 49. Tien Tien Garment Joint Stock Company
12. Surrogate Country and Surrogate Value Company Ltd.) 50. Tithi Co., Ltd.
Data 18. Danang Seaproduct Import-Export 51. Trang Corporation
13. Surrogate Country Corporation (‘‘Seaprodex Danang’’) (and its 52. Viet Cuong Seafood Processing Import
14. Economic Comparability affiliates) Export Joint-Stock Company
15. Significant Producers of Comparable Danang Seaproducts Import Export Viet Cuong Seafood Processing Import
Merchandise Corporation Export
16. Data Availability Danang Seaproducts Import Export 53. Vietnam Northern Viking Technologies
17. Public Availability and Broad-Market Corporation (‘‘Seaprodex Danang’’) Co. Ltd.
Average Danang Seaproducts Import-Export 54. Vinatex Danang
18. Specificity Corporation (and its affilliate, Tho Quang 55. Vinh Hoan Corp.
19. Contemporaneity and Tax and Duty Seafood Processing and Export 56. Vinh Loi Import Export Company
Exclusive Company) (collectively ‘‘Seaprodex (‘‘Vimexco’’), aka
20. Date of Sale Danang’’) Vinh Loi Import Export Company
21. Determination of Comparison Method Tho Quang (‘‘VIMEX’’), aka
22. Results of the Differential Pricing Tho Quang Co. VIMEXCO aka
Analysis Tho Quang Seafood Processing and Export VIMEX aka
23. U.S. Price Company Vinh Loi Import/Export Co., aka
24. Normal Value Tho Quang Seafood Processing & Export Vinhloi Import Export Company aka
25. Factor Valuations Company Vinh Loi Import-Export Company
Seaprodex Danang Vinh Loi Import Export Company
26. Currency Conversion
19. Duy Dai Corporation (‘‘Vimexco’’) and/or Vinh Loi Import
Appendix II—Companies Subject To 20. Gallant Ocean (Quang Ngai) Co., Ltd. Export Company (‘‘VIMEX’’)
Review Determined To Be Part of the 21. Gn Foods
[FR Doc. 2015–05474 Filed 3–6–15; 8:45 am]
Vietnam-Wide Entity 22. Hai Thanh Food Company Ltd.
23. Hai Vuong Co., Ltd. BILLING CODE 3510–DS–P
1. An Giang Coffee JSC 24. Hoa Phat Aquatic Products Processing
2. Agrex Saigon And Trading Service Co., Ltd.
3. Amanda Foods (Vietnam) Ltd. 25. Hoang Hai Company Ltd. DEPARTMENT OF COMMERCE
Amanda Seafood Co., Ltd. 26. Hua Heong Food Industries Vietnam Co.
4. Amanda Foods (Vietnam) Ltd. Ngoc Tri Ltd. International Trade Administration
Seafood Company (Amanda’s affiliate) 27. Interfood Shareholding Co.
5. Anvifish Joint Stock Co. 28. Khanh Loi Seafood Factory [A–580–876, A–489–822]
6. Binh An Seafood Joint Stock Company 29. Kien Long Seafoods Co. Ltd.
7. Camimex Seafood Company Limited 30. Luan Vo Fishery Co., Ltd. Welded Line Pipe From the Republic of
8. Ca Mau Foods and Fishery Export Joint 31. Lucky Shining Co., Ltd.
Stock Company 32. Minh Chau Imp. Exp. Seafood Processing
Korea and the Republic of Turkey:
9. Can Tho Agricultural and Animal Products Co., Ltd. Postponement of Preliminary
Import Export Company, aka, 33. Mp Consol Co., Ltd. Determinations of Antidumping Duty
Can Tho Agricultural Products, aka 34. Ngoc Chau Co., Ltd. and/or Ngoc Chau Investigations
Can Tho Agricultural and Animal Products Seafood Processing Company
Imex Company, aka 35. Ngoc Sinh AGENCY: Enforcement and Compliance,
CATACO, aka Ngoc Sinh Seafoods Processing and International Trade Administration,
Can Tho Agricultural and Animal Product Trading Enterprise Department of Commerce.
Import Export Company (‘‘CATACO’’), Ngoc Sinh Fisheries
aka Ngoc Sinh Private FOR FURTHER INFORMATION CONTACT:
Can Tho Agricultural and Animal Product Ngoc Sinh Private Enterprises David Goldberger (Korea) (202) 482–
Import Export Company (‘‘CATACO’’) Ngoc Sinh Seafood Processing Company 4136, or Alice Maldonado (Turkey)
and/or Ngoc Sinh Seafood Trading & Processing (202) 482–4682; AD/CVD Operations,
Can Tho Agricultural and Animal Products Ngoc Sinh Seafood Trading & Processing Enforcement and Compliance,
Import Export Company (‘‘CATACO’’’), Enterprise International Trade Administration,
aka Ngoc Sinh Seafoods
Ngoc Sinh Seafoods (Private Enterprise)
U.S. Department of Commerce, 14th
Can Tho Agricultural & Animal Product
Import Export Company (‘‘CATACO’’’) Ngoc Sinh Seafoods Processing and Street and Constitution Avenue NW.,
and/or Trading Enterprises Washington, DC 20230.
Can Tho Agricultural and Animal Products 36. Ngo Bros Seaproducts Import-Export One SUPPLEMENTARY INFORMATION:
Import Export Company (‘‘CATACO’’) Member Company Limited (‘‘Ngo Bros’’)
10. Can Tho Import Export Seafood Joint 37. Quang Ninh Export Aquatic Products Postponement of Preliminary
Stock Company, aka Processing Factory Determinations
CASEAMEX 38. Quang Ninh Seaproducts Factory
11. Cau Tre Enterprise (C.T.E.) 39. S.R.V. Freight Services Co., Ltd. On November 5, 2014, the Department
12. Cautre Export Goods Processing Joint 40. Sustainable Seafood of Commerce (the Department) initiated
Stock Company 41. Tai Kim Anh Seafood Joint Stock antidumping duty investigations of
13. Chang Shin Vietnam Co., Ltd. Company imports of welded line pipe from the
14. CL Fish Co., Ltd. (Cuu Long Fish 42. Tan Thang Loi Frozen Food Co., Ltd.
Republic of Korea (Korea) and the
Company) 43. Thanh Doan Seaproducts Import & Export
15. Cautre Export Goods Processing Joint Processing Joint-Stock Company Republic of Turkey (Turkey).1 The
Stock Company (THADIMEXCO) notice of initiation stated that we would
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16. Coastal Fisheries Development 44. Thanh Hung Frozen Seafood Processing issue our preliminary determinations no
Corporation Import Export Co., Ltd. later than 140 days after the date of
Coastal Fisheries Development Corporation 45. Thanh Tri Seafood Processing Co. Ltd. initiation. Currently, the preliminary
(‘‘COFIDEC’’) 46. The Quang Co.
Coastal Fisheries Development Corporation 47. The Quang Seafood Processing & Export 1 See Welded Line Pipe From the Republic of
(‘‘Cofidec’’) Company Korea and the Republic of Turkey: Initiation of
Coastal Fishery Development 48. Thong Thuan-Cam Ranh Seafood Joint Less-Than-Fair-Value Investigations, 79 FR 68213
COFIDEC Stock Company (November 14, 2014).
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Document Created: 2015-12-18 12:05:12
Document Modified: 2015-12-18 12:05:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Bob Palmer, Irene Gorelik, or Alexis Polovina, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, (202) 482-6905, (202) 482-3927, respectively. | |
| FR Citation | 80 FR 12441 |
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