81 FR 47756 - 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
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 141 (July 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 141 (July 22, 2016)
| Page Range | 47756-47758 | |
| FR Document | 2016-17383 |
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)] [Notices] [Pages 47756-47758] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17383] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-802] 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 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 18, 2016, the Department of Commerce (``Department'') issued its final determination under a section 129 proceeding regarding the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') with respect to the Minh Phu Group. On July 18, 2016, the U.S. Trade Representative (``USTR'') instructed the Department to implement the 129 Final Determination. As a result, the Department is now implementing its determination. DATES: Effective July 18, 2016. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905. SUPPLEMENTARY INFORMATION: Nature of the Proceeding Section 129 of the Uruguay Rounds Agreement Act (``URAA'') \1\ allows the Department to amend, rescind, or modify a determination found by a WTO dispute settlement panel or the Appellate Body to be inconsistent with U.S. obligations under the Antidumping Agreement. Specifically, section 129(b)(2) provides that, ``notwithstanding any provision of the Tariff Act of 1930 . . ., '' within 180 days after receipt of a written request from the U.S. Trade Representative, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body.\2\ The Statement of Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), refers variously to such a determination by the Department as a ``new,'' ``second,'' and ``different'' determination.\3\ After consulting with the Department and the appropriate congressional committees, the USTR may direct the Department to implement, in whole or in part, the new determinations made under section 129 of the URAA.\4\ Pursuant to section 129(c) of the URAA, the new determinations shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which the USTR directs the Department to implement the new determinations.\5\ This determination may be subject to judicial review separate and apart from judicial review of the Department's original determination.\6\ --------------------------------------------------------------------------- \1\ Citation to ``section 129'' refers to section 129 of the URAA, codified at 19 U.S.C. 3538. \2\ See 19 U.S.C. 3538(b)(2). \3\ See SAA at 1025, 1027. \4\ See 19 U.S.C. 3538(b)(4). \5\ See 19 U.S.C. 3538(c). \6\ See 19 U.S.C. 1516a(a)(2)(B)(vii). --------------------------------------------------------------------------- Background At the written request of USTR, the Department informed interested parties on May 20, 2016, that it was initiating a proceeding under section 129 of the URAA to implement certain findings of the WTO dispute settlement panel in United States--Anti-Dumping Measures on Certain Frozen Warmwater Shrimp from VietNam (WTO/DS429) (``Panel Report'').\7\ On May 20, 2016, the Department issued its preliminary determination in this proceeding \8\ in which the Department recalculated the weighted-average dumping margin for the Minh Phu Group \9\ from the AR4 Amended Final \10\ by eliminating the denial of offsets for non-dumped sales --------------------------------------------------------------------------- \7\ See Letter from USTR, re: ``Request to Comply with WTO Panel Report,'' dated May 20, 2016. See also Letter from the Department to All Interested Parties, re: ``Initiation of DS429,'' dated May 20, 2016. \8\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, re: ``Preliminary Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam,'' dated May 20, 2016 (``129 Preliminary Determination''). See also Memorandum to the File, from Irene Gorelik, Senior Analyst, Office V, re: ``Preliminary Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam (``Vietnam'')'' (``MPG 129 Prelim Memo''), dated May 20, 2016. \9\ For purposes of this proceeding, the ``Minh Phu Group'' includes the following companies: (1) Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh Phu Seafood Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui Seafood, (6) Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh Phat Seafood Corp., (12) Minh Phu Hau Giang Seafood Joint Stock Company, (13) Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu Hau Giang Seafood Corp., and (15) Minh Phu Hau Giang Seafood Processing Co., Ltd. See 129 Final Determination. \10\ See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010) (``AR4 Final'') and Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review, 75 FR 61122 (October 4, 2010) (``AR4 Amended Final''). --------------------------------------------------------------------------- On July 6, 2016, the Department solicited comments from interested [[Page 47757]] parties regarding the Preliminary 129 Determination, and also released the draft revocation instructions with a proposed importer and exporter certification requirement.\11\ On July 13, 2016, the Minh Phu Group filed comments regarding the trade names listed for revocation in the Prelim Comment Memo at Attachment I.\12\ Consequently, the Department issued the 129 Final Determination on July 18, 2016.\13\ --------------------------------------------------------------------------- \11\ See Memorandum to the File from Irene Gorelik, Senior Analyst, Office V, re: ``Schedule for Comments on the Section 129 Preliminary Determination and Release of Draft Revocation Instructions with Importer Certification Requirement for Comment,'' dated July 6, 2016 (``Prelim Comment Memo''). \12\ See Letter from the Minh Phu Group, re: ``Minh Phu Group's Comments on Draft Revocation Instructions,'' dated July 13, 2016. \13\ See Memorandum from Christian Marsh to Paul Piquado, re: ``Final Determination of the Proceeding under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam,'' dated July 18, 2016 (``129 Final Determination''). --------------------------------------------------------------------------- On July 18, 2016, the USTR notified the Department that, consistent with section 129(b)(3) of the URAA, consultations with the Department and the appropriate congressional committees with respect to the 129 Final Determination have been completed. As a result, in accordance with section 129(b)(4) of the URAA, USTR directed the Department to implement this determination.\14\ --------------------------------------------------------------------------- \14\ See Letter from USTR, re: ``Request to Implement Final Determination,'' dated July 18, 2016 (``USTR Implementation Letter''). --------------------------------------------------------------------------- Implementation of the 129 Final Determination Pursuant to the USTR Implementation Letter, the 129 Final Determination is hereby implemented and adopted by this notice. A list of the issues discussed in the 129 Final Determination are attached as an Appendix to this notice. The 129 Final Determination is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). Access to ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Commerce building. A complete version of the memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/download/section129/full-129-index.html. The signed 129 Final Determination and the respective electronic version of the memorandum are identical in content. Final Weighted-Average Dumping Margin As a result of the above, the AR4 Amended Final recalculated weighted-average dumping margin for the Minh Phu Group, unchanged from the Preliminary 129 Determination, is: ------------------------------------------------------------------------ Section 129 Producer and exporter results ------------------------------------------------------------------------ Minh Phu Seafood Export Import Corporation (and 0.00% affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), aka................................ Minh Phu Seafood Corp., aka Minh Phu Seafood Corporation, aka Minh Phu Seafood Pte, aka Minh Qui Seafood, aka Minh Qui Seafood Co., Ltd., aka Minh Qui, aka Minh Phat Seafood Co., Ltd., aka Minh Phat, aka Minh Phat Seafood, aka Minh Phat Seafood Corp., aka Minh Phu Hau Giang Seafood Joint Stock Company, aka Minh Phu Hau Giang Seafood Co., Ltd., aka Minh Phu Hau Giang Seafood Corp., aka Minh Phu Hau Giang Seafood Processing Co., Ltd ------------------------------------------------------------------------ Partial Revocation of the Antidumping Duty Order Because the Department has re-calculated a weighted-average dumping margin of zero percent for the Minh Phu Group, which results in three consecutive years of no dumping, and the Minh Phu Group has certified \15\ that it will not sell certain frozen warmwater shrimp in the future at less than fair value, the Department is revoking the AD Order with respect to the Minh Phu Group, for entries made on or after July 18, 2016. The Department's practice with respect to revocation of companies from an antidumping duty order is to exclude companies in specific producer-exporter combinations.\16\ Accordingly, the Department 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 \17\ which were entered, or withdrawn from warehouse, for consumption on or after July 18, 2016. Furthermore, the Department will instruct CBP to discontinue the suspension of [[Page 47758]] liquidation and the collection of cash deposits for estimated antidumping duties for entries of certain frozen warmwater shrimp produced and exported by the Minh Phu Group. The Department will instruct CBP to continue to collect cash deposits for estimated antidumping duties from other Vietnamese exporters as the AD Order, in whole, has not been revoked. Furthermore, the Department will require the Minh Phu Group and its importers to participate in a certification requirement for those entries which are no longer subject to the AD Order, as discussed in the 129 Final Determination.\18\ --------------------------------------------------------------------------- \15\ See Memorandum to the File, from Irene Gorelik, Senior Analyst, re: ``Placing AR4 Documents on the Record of DS429,'' dated May 20, 2016, at .pdf page 15. \16\ See, e.g., Brake Rotors From the People's Republic of China: Final Results and Partial Rescission of the Fifth Antidumping Duty Administrative Review and Final Results of the Seventh New Shipper Review, 68 FR 25861 (May 14, 2003) and accompanying Issues and Decision Memorandum at Comment 1. See also Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From the People's Republic of China, 69 FR 70997, 71004 (December 8, 2004), where the Department stated that ``the Department does not require any cash deposit or posting of a bond for Zhanjiang Guolian when the subject merchandise is produced and exported by Zhanjiang Guolian.'' Subsequently, in the PRC Shrimp Order, the Department stated that ``pursuant to 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation of all entries of certain frozen warmwater shrimp and prawns from the PRC (except merchandise produced and exported by Zhanjiang Guolian because this company has a de minimis margin)'' (emphasis added). See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People's Republic of China, 70 FR 5149, 5152 (February 1, 2005) (``PRC Shrimp Order''). \17\ Revocation for the Minh Phu Group is specific to merchandise produced and exported by: (1) Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh Phu Seafood Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui Seafood, (6) Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh Phat Seafood Corp., (12) Minh Phu Hau Giang Seafood Joint Stock Company, (13) Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu Hau Giang Seafood Corp., and (15) Minh Phu Hau Giang Seafood Processing Co., Ltd. \18\ See 129 Final Determination Memo at 6 and Appendix. --------------------------------------------------------------------------- This final determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. Dated: July 18, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Issues in the 129 Final Determination I. Summary II. Background III. Discussion of the Issues Comment 1: Company Names to be Revoked from the AD Order IV. Section 129 Final Determination V. Revocation of the Minh Phu Group VI. Recommendation [FR Doc. 2016-17383 Filed 7-21-16; 8:45 am] BILLING CODE 3510-DS-P
![47756 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices
Weighted-
average
Exporter Producer margin
(percent)
Shandong Xingyuan International Trading Co., Ltd ..................... Xingyuan Tyre Group Co., Ltd .................................................... 13.92
Techking Tires Limited .................................................................. Shandong Xingda Tyre Co. Ltd ................................................... 13.92
Techking Tires Limited .................................................................. Shandong Xingyuan International Trade Co. Ltd ........................ 13.92
Techking Tires Limited .................................................................. Shandong Xingyuan Rubber Co. Ltd .......................................... 13.92
Triangle Tyre Co., Ltd ................................................................... Triangle Tyre Co., Ltd .................................................................. 13.92
Wendeng Sanfeng Tyre Co., Ltd .................................................. Wendeng Sanfeng Tyre Co., Ltd ................................................. 13.92
Kenda Rubber (China) Co., Ltd./Kenda Global ............................ Kenda Rubber (China) Co., Ltd ................................................... 13.92
Qingdao Aonuo Tyre Co., Ltd ....................................................... Qingdao Aonuo Tyre Co., Ltd ..................................................... 13.92
Notification to Interested Parties SUPPLEMENTARY INFORMATION: on May 20, 2016, that it was initiating
This notice is issued and published in a proceeding under section 129 of the
Nature of the Proceeding
accordance with sections 516A(e)(1) and URAA to implement certain findings of
Section 129 of the Uruguay Rounds the WTO dispute settlement panel in
777(i)(1) of the Act. Agreement Act (‘‘URAA’’) 1 allows the United States—Anti-Dumping Measures
Dated: June 28, 2016. Department to amend, rescind, or on Certain Frozen Warmwater Shrimp
Paul Piquado, modify a determination found by a from VietNam (WTO/DS429) (‘‘Panel
Assistant Secretary for Enforcement and WTO dispute settlement panel or the Report’’).7 On May 20, 2016, the
Compliance. Appellate Body to be inconsistent with Department issued its preliminary
[FR Doc. 2016–17308 Filed 7–21–16; 8:45 am] U.S. obligations under the Antidumping determination in this proceeding 8 in
BILLING CODE 3510–DS–P Agreement. Specifically, section which the Department recalculated the
129(b)(2) provides that, weighted-average dumping margin for
‘‘notwithstanding any provision of the the Minh Phu Group 9 from the AR4
DEPARTMENT OF COMMERCE Tariff Act of 1930 . . ., ’’ within 180 Amended Final 10 by eliminating the
days after receipt of a written request denial of offsets for non-dumped sales
International Trade Administration from the U.S. Trade Representative, the On July 6, 2016, the Department
Department shall issue a determination solicited comments from interested
[A–552–802] that would render its actions not
Certain Frozen Warmwater Shrimp inconsistent with an adverse finding of 7 See Letter from USTR, re: ‘‘Request to Comply
a WTO panel or the Appellate Body.2 with WTO Panel Report,’’ dated May 20, 2016. See
From the Socialist Republic of also Letter from the Department to All Interested
Vietnam: Notice of Implementation of The Statement of Administrative Parties, re: ‘‘Initiation of DS429,’’ dated May 20,
Action, URAA, H. Doc. 316, Vol. 1, 103d 2016.
Determination Under Section 129 of
Cong. (1994) (‘‘SAA’’), refers variously 8 See Memorandum from Christian Marsh, Deputy
the Uruguay Round Agreements Act
to such a determination by the Assistant Secretary for Antidumping and
and Partial Revocation of the Countervailing Duty Operations to Paul Piquado,
Department as a ‘‘new,’’ ‘‘second,’’ and
Antidumping Duty Order Assistant Secretary for Enforcement and
‘‘different’’ determination.3 After Compliance, re: ‘‘Preliminary Determination Under
AGENCY: Enforcement and Compliance, consulting with the Department and the Section 129 of the Uruguay Round Agreements Act:
International Trade Administration, appropriate congressional committees, Antidumping Measures on Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Department of Commerce. the USTR may direct the Department to Vietnam,’’ dated May 20, 2016 (‘‘129 Preliminary
SUMMARY: On July 18, 2016, the implement, in whole or in part, the new Determination’’). See also Memorandum to the File,
Department of Commerce determinations made under section 129 from Irene Gorelik, Senior Analyst, Office V, re:
of the URAA.4 Pursuant to section ‘‘Preliminary Determination Under Section 129 of
(‘‘Department’’) issued its final the Uruguay Round Agreements Act: Antidumping
determination under a section 129 129(c) of the URAA, the new Measures on Certain Frozen Warmwater Shrimp
proceeding regarding the fourth determinations shall apply with respect from the Socialist Republic of Vietnam
administrative review of the to unliquidated entries of the subject (‘‘Vietnam’’)’’ (‘‘MPG 129 Prelim Memo’’), dated
merchandise that are entered, or May 20, 2016.
antidumping duty order on certain 9 For purposes of this proceeding, the ‘‘Minh Phu
frozen warmwater shrimp from the withdrawn from warehouse, for Group’’ includes the following companies: (1) Minh
Socialist Republic of Vietnam consumption on or after the date on Phu Seafood Export Import Corporation (and
(‘‘Vietnam’’) with respect to the Minh which the USTR directs the Department affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
to implement the new determinations.5 Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3)
Phu Group. On July 18, 2016, the U.S. Minh Phu Seafood Corporation, (4) Minh Phu
Trade Representative (‘‘USTR’’) This determination may be subject to Seafood Pte, (5) Minh Qui Seafood, (6) Minh Qui
judicial review separate and apart from Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat
instructed the Department to implement
judicial review of the Department’s Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat
the 129 Final Determination. As a result, Seafood, (11) Minh Phat Seafood Corp., (12) Minh
original determination.6
the Department is now implementing its Phu Hau Giang Seafood Joint Stock Company, (13)
determination. Background Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh
Phu Hau Giang Seafood Corp., and (15) Minh Phu
DATES: Effective July 18, 2016. At the written request of USTR, the Hau Giang Seafood Processing Co., Ltd. See 129
FOR FURTHER INFORMATION CONTACT: Department informed interested parties Final Determination.
10 See Certain Frozen Warmwater Shrimp from
ehiers on DSK5VPTVN1PROD with NOTICES
Irene Gorelik, AD/CVD Operations,
1 Citation to ‘‘section 129’’ refers to section 129 the Socialist Republic of Vietnam: Final Results and
Enforcement and Compliance, Partial Rescission of Antidumping Duty
of the URAA, codified at 19 U.S.C. 3538.
International Trade Administration, 2 See 19 U.S.C. 3538(b)(2).
Administrative Review, 75 FR 47771 (August 9,
U.S. Department of Commerce, 14th 3 See SAA at 1025, 1027.
2010) (‘‘AR4 Final’’) and Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam:
Street and Constitution Avenue NW., 4 See 19 U.S.C. 3538(b)(4).
Amended Final Results of Antidumping Duty
Washington, DC 20230; telephone: (202) 5 See 19 U.S.C. 3538(c).
Administrative Review, 75 FR 61122 (October 4,
482–6905. 6 See 19 U.S.C. 1516a(a)(2)(B)(vii). 2010) (‘‘AR4 Amended Final’’).
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liquidation and the collection of cash compromising its claims for certain States and government of Vietnam in
deposits for estimated antidumping antidumping duties for entries of subject reaching a mutually satisfactory
duties for entries of certain frozen merchandise exported by the Minh Phu resolution with respect to United
warmwater shrimp produced and Group for the period February 1, 2014, States—Anti-dumping Measures of
exported by the Minh Phu Group. The through July 17, 2016. Certain Shrimp from Viet Nam (DS429)
Department will instruct CBP to DATES: Effective July 18, 2016. and United States Anti-dumping
continue to collect cash deposits for FOR FURTHER INFORMATION CONTACT: Measures of Certain Shrimp from Viet
estimated antidumping duties from Irene Gorelik, AD/CVD Operations, Nam (DS404). The parties further
other Vietnamese exporters as the AD Enforcement and Compliance, explained their understanding that a
Order, in whole, has not been revoked. International Trade Administration, mutually satisfactory resolution of these
Furthermore, the Department will U.S. Department of Commerce, 14th disputes was not effectuated within the
require the Minh Phu Group and its Street and Constitution Avenue NW., 90-day deadline, and, but for this
importers to participate in a certification Washington, DC 20230; telephone: (202) mutually satisfactory resolution, the
requirement for those entries which are 482–6905. parties would not be withdrawing their
no longer subject to the AD Order, as SUPPLEMENTARY INFORMATION: request for review of the Minh Phu
discussed in the 129 Final Group.
Determination.18 Rescission of Reviews Section 351.213(d)(1) of the
This final determination is issued and Tenth Administrative Review (2014– Department’s regulations states that the
published in accordance with section 2015) Department will rescind an
129(c)(2)(A) of the URAA. administrative review if a party
On February 27, 2015, Vietnamese requesting the review withdraws the
Dated: July 18, 2016. Association of Shrimp Exporters and
Paul Piquado, request within 90 days of the
Producers (‘‘VASEP’’), Ad Hoc Shrimp publication of the notice of initiation.
Assistant Secretary for Enforcement and Trade Action Committee (‘‘AHSTAC’’),
Compliance. Further, 19 CFR 351.213(d)(1) allows
and American Shrimp Processors
the Department to extend the 90-day
Appendix Association (‘‘ASPA’’) each requested a
deadline if it considers it reasonable to
review of the Order for the period
List of Issues in the 129 Final Determination do so. In the AR10 Initiation Notice, the
February 1, 2014, through January 31,
I. Summary
Department stated that a party
2015, with respect to sales made by the
II. Background requesting an extension of the deadline
Minh Phu Group.1
III. Discussion of the Issues On April 3, 2015, the Department must demonstrate that an
Comment 1: Company Names to be published in the Federal Register a ‘‘extraordinary circumstance’’ prevented
Revoked from the AD Order
notice of initiation of the tenth it from submitting a timely withdrawal
IV. Section 129 Final Determination request, and that a determination to
V. Revocation of the Minh Phu Group administrative review of the Order,
covering the period February 1, 2014, extend the deadline would be made on
VI. Recommendation a case-by-case basis.3 Although the
through January 31, 2015.2 On July 6,
[FR Doc. 2016–17383 Filed 7–21–16; 8:45 am]
2016, VASEP, AHSTAC, and ASPA parties’ withdrawals of review request
BILLING CODE 3510–DS–P
withdrew their requests for review with for the tenth administrative review are
respect to the Minh Phu Group and past the 90-day deadline, the
requested that the Department exercise Department determines that the parties
DEPARTMENT OF COMMERCE have demonstrated that extraordinary
its authority to extend the 90-day
deadline to withdraw the requests for circumstances exist for this segment of
International Trade Administration the proceeding, and thus, find it
review and rescind the administrative
[A–552–802] review, in part, under extraordinary reasonable to extend the deadline
circumstances. In particular, the parties pursuant to 19 CFR 351.213(d)(1).
Certain Frozen Warmwater Shrimp Therefore, because all parties that
explained their understanding that
From the Socialist Republic of requested a review of the Minh Phu
extraordinary circumstances exist
Vietnam: Partial Rescission of Group have withdrawn their requests,
because the withdrawals of review
Antidumping Duty Administrative the Department is rescinding the review
requests for the Minh Phu Group will
Reviews (2014–2015; 2015–2016) and with respect to the Minh Phu Group for
assist the government of the United
Compromise of Outstanding Claims the period February 1, 2014, through
AGENCY: Enforcement and Compliance, 1 These requests for review included: Minh Phu January 31, 2015.
International Trade Administration, Seafood Corporation (and its affiliates Minh Qui
Seafood Co. Ltd., Minh Phat Seafood Co. Ltd., Minh
Eleventh Administrative Review (2015–
Department of Commerce. Phu Hau Giang, collectively ‘‘Minh Phu Group’’), as 2016)
SUMMARY: The Department of Commerce requested by VASEP; Minh Phat Seafood Co., Ltd., On February 29, 2016, VASEP,
(‘‘Department’’) is rescinding, in part, Minh Phu Hau Giang Seafood Corp., and Minh Phu
Seafood Corp., as requested by AHSTAC; and Minh AHSTAC, and ASPA each requested a
the antidumping duty administrative Phat Seafood, Minh Phat Seafood Co., Ltd., Minh review of the Order for the period
reviews for the antidumping duty order Phu Seafood Corp., Minh Phu Seafood Pte, Minh February 1, 2015, through January 31,
(‘‘the Order’’) on certain frozen Qui Seafood, and Minh Qui Seafood Co., Ltd., as 2016, with respect to sales made by the
warmwater shrimp from the Socialist requested by ASPA.
2 See Initiation of Antidumping and Minh Phu Group.4
Republic of Vietnam (‘‘Vietnam’’) for the
Countervailing Duty Administrative Reviews, 80 FR
periods February 1, 2014, through 18202 (April 3, 2015) (‘‘AR10 Initiation Notice’’). 3 Id., 80 FR at 18202.
ehiers on DSK5VPTVN1PROD with NOTICES
January 31, 2015, and February 1, 2015, This initiation notice included, in relevant part: 4 These requests for review included, in relevant
through January 31, 2016 with respect to Minh Phat Seafood, Minh Phat Seafood Co., Ltd., part: Minh Phu Seafood Corporation (and its
sales made by the Minh Phu Group. Minh Phu Seafood Corp., Minh Phu Seafood Pte, affiliates Minh Qui Seafood Co., Ltd., Minh Phu
Minh Phu Seafood Corporation (and its affiliates Hau Giang Seafood Corp and Minh Phat Seafood
Further, the Department is Minh Qui Seafood Co. Ltd., Minh Phat Seafood Co. Co., Ltd.) (collectively ‘‘Minh Phu Group’’), as
Ltd., Minh Phu Hau Giang, collectively ‘‘Minh Phu requested by VASEP; Minh Phat Seafood Co., Ltd.,
18 See 129 Final Determination Memo at 6 and Group’’), Minh Phu Hau Giang Seafood Corp., Minh Minh Phu Hau Giang Seafood Corp., Minh Phu
Appendix. Qui Seafood, and Minh Qui Seafood Co., Ltd. Seafood Corp., and Minh Qui Seafood Co., Ltd., as
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Document Created: 2016-07-22 02:38:27
Document Modified: 2016-07-22 02:38:27
| 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 | |
| Dates | Effective July 18, 2016. | |
| Contact | Irene Gorelik, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905. | |
| FR Citation | 81 FR 47756 |
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