81 FR 63469 - Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of the Second Five-Year Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 179 (September 15, 2016)

On March 1, 2016, the Department of Commerce (``Department'') initiated the second sunset review of certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). The Department determined that it was appropriate to conduct a full review. The Department preliminarily finds that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Preliminary Results of Review'' section of this notice.

[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63469-63470]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22224]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the Second Five-Year Sunset Review of 
the Antidumping Duty Order

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

SUMMARY: On March 1, 2016, the Department of Commerce (``Department'') 
initiated the second sunset review of certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam''). The Department 
determined that it was appropriate to conduct a full review. The 
Department preliminarily finds that revocation of this antidumping duty 
order would be likely to lead to continuation or recurrence of dumping 
at the levels indicated in the ``Preliminary Results of Review'' 
section of this notice.

DATES: Effective September 15, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, 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:

Background

    On March 1, 2016, the Department of Commerce (``Department'') 
initiated the second sunset review of certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam'') in accordance with 
section 751(c) of the Act.\1\ The Department received notices of intent 
to participate from domestic interested parties, the Ad Hoc Shrimp 
Trade Action Committee (``AHSTAC''), and the American Shrimp Processors 
Association (``ASPA''), within the deadline specified in 19 CFR 
351.218(d)(1)(i). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act, as manufacturers of a 
domestic-like product in the United States.
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 10578 
(March 1, 2016) (``Initiation'').
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    The Department received substantive responses from domestic 
interested parties (AHSTAC and ASPA) and respondent interested parties 
(collectively ``Vietnamese Respondents'') within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i). On April 21, 2016, the Department 
determined that Vietnamese Respondents accounted for more than 50 
percent of exports by volume of the subject merchandise and, therefore, 
submitted an adequate substantive response.\2\ The Department also 
determined that domestic interested parties submitted an adequate 
response pursuant to 19 CRF 351.218(e)(1)(i). In accordance with 19 CFR 
351.218(e)(2)(i), the Department determined to conduct a full sunset 
review of this antidumping duty order.
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    \2\ See Memorandum to the File, from Irene Gorelik, Senior 
Analyst, Office V, re: ``Adequacy Determination in Antidumping Duty 
Second Sunset Review of Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam,'' dated April 21, 2016.
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Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.

[[Page 63470]]

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 Prelim 
Decision Memo, remains dispositive.\3\
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    \3\ 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, re: ``Issues and 
Decision Memorandum for the Preliminary Results of Second Sunset 
Review of the Antidumping Duty Order on Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam,'' dated concurrently 
with this notice (``Preliminary Decision Memorandum'').
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Analysis of Comments Received

    All issues raised for the preliminary results of this sunset review 
are addressed in the Preliminary Decision Memorandum, dated 
concurrently with this notice. The issues discussed in the Preliminary 
Decision Memorandum are the likelihood of continuation or recurrence of 
dumping, and the magnitude of the margins of dumping likely to prevail 
if these orders were revoked. The Preliminary Decision Memorandum is a 
public document and is on file electronically via the Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``ACCESS''). ACCESS is available to registered users at 
http://access.trade.gov and in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    Pursuant to section 752(c) of the Act, we determine that revocation 
of the antidumping duty order on certain frozen warmwater shrimp from 
Vietnam would be likely to lead to continuation or recurrence of 
dumping at weighted average margins up to 25.76 percent.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of this full 
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, which must be limited to issues raised in the case briefs, may 
be filed not later than five days after the time limit for filing case 
briefs in accordance with 19 CFR 351.309(d). Any interested party may 
request a hearing within 30 days of publication of this notice in 
accordance with 19 CFR 351.310(c). A hearing, if requested, will be 
held two days after the date the rebuttal briefs are due. The 
Department will issue a notice of final results of this full sunset 
review, which will include the results of its analysis of issues raised 
in any such comments, no later than January 25, 2017.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218(f)(1).

    Dated: September 9, 2016.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. History of the Order
3. Background
4. Scope of the Order
5. Discussion of the Issues
    a. Legal Framework
    b. Likelihood of Continuation of Recurrence of Dumping
    c. Magnitude of the Margin Likely to Prevail
6. Recommendation

[FR Doc. 2016-22224 Filed 9-14-16; 8:45 am]
 BILLING CODE 3510-DS-P