81 FR 78789 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 217 (November 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78789-78792 | |
| FR Document | 2016-27071 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Notices] [Pages 78789-78792] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27071] ----------------------------------------------------------------------- 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; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that none of the mandatory respondents in this review qualify for a separate rate and are, therefore, considered part of the Vietnam-Wide Entity for their exports of subject merchandise to the United States during the period of review (POR) February 1, 2015, through January 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective November 9, 2016. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue [[Page 78790]] NW., Washington, DC 20230; telephone: (202) 482-6905. SUPPLEMENTARY INFORMATION: On April 7, 2016, the Department initiated the eleventh administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Order).1 2 The Department initiated this administrative review for 218 producers and exporters of subject merchandise.\3\ Based on the timely requests for withdrawal of review requests, we rescinded the administrative review with respect to 22 companies pursuant to 19 CFR 351.213(d)(1) and (4).4 5 --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation Notice''). \2\ 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) \3\ See Initiation Notice. While there were 218 individual names upon which we initiated an administrative review, the number of actual companies initiated upon is significantly less when accounting for numerous duplicate names and minor name variations of the same companies requested by multiple interested parties, and the groupings of companies that have been collapsed and/or have been previously found affiliated. \4\ See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review; 2015-2016, 81 FR 46047 (July 15, 2016). While the petitioner and ASPA withdrew their respective review requests of Tan Phong Phu Seafood Co., Ltd., VASEP did not withdraw its review request on behalf of this company; thus, we did not rescind the review with respect to Tan Phong Phu Seafood Co., Ltd. because there remains an active review request for it on the record. \5\ See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Reviews (2014-2015; 2015-2016) and Compromise of Outstanding Claims, 81 FR 47758 (July 22, 2016). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the Order is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (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\ --------------------------------------------------------------------------- \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; 2015-2016,'' dated concurrently with and adopted by this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on our analysis of CBP information and information provided by a number of companies, we preliminarily determine that 13 companies \7\ under review did not have any reviewable transactions during the POR. In addition, the Department finds that, consistent with its assessment practice in non-market economy (NME) cases, it is appropriate not to rescind the review in part in these circumstances, but to complete the review with respect to these 13 companies and issue appropriate instructions to CBP based on the final results of the review.\8\ For additional information regarding this determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ These 13 companies are: (1) BIM Seafood Joint Stock Company; (2) Bien Dong Seafood Co., Ltd.; (3) Cam Ranh Seafoods Processing Enterprise Company; (4) Ben Tre Forestry and Aquaproduct Import Export Joint Stock Company; (5) Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint Stock Company); (6) Gallant Dachan Seafood Co., Ltd.; (7) Green Farms Joint Stock Company; (8) Minh Cuong Seafood Import Export Frozen Processing Joint Stock Company; (9) Quang Minh Seafood Co., Ltd.; (10) Quang Ninh Export Aquatic Products Processing Factory; (11) Tacvan Frozen Seafood Processing Export Company; (12); Trong Nhan Seafood Company Limited; and (13) Vinh Hoan Corp. \8\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment Notice''); see also ``Assessment Rates'' section below. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). Because the mandatory respondents in this administrative review have not responded to all portions of the NME questionnaire, we preliminarily determine that they are ineligible for a separate rate and are part of the Vietnam-Wide entity, subject to the Vietnam-Wide entity rate of 25.76 percent. 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). 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 version of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department finds that the two mandatory respondents and 51 additional companies for which a review was requested have not established eligibility for a separate rate and are considered to be part of the Vietnam-Wide entity for these preliminary results.\9\ The Department's policy regarding conditional review of the Vietnam-Wide entity applies to this administrative review.\10\ 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 entity's rate is not subject to change. --------------------------------------------------------------------------- \9\ See Appendix II for a full list of all 53 companies; see also Preliminary Decision Memorandum. \10\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). --------------------------------------------------------------------------- The statute and the Department's regulations do not address what rate to apply to respondents not selected for individual examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually in an administrative review. Section 735(c)(5)(A) of the Act states that the all-others rate should be calculated by averaging the weighted-average dumping margins for individually-examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, the Department may use ``any reasonable method'' for assigning a rate to non-examined respondents. However, for these preliminary results, we have not calculated any individual rates or assigned a rate based on facts available. Therefore, consistent [[Page 78791]] with our recent practice,\11\ we preliminarily determine to assign to the non-individually examined separate rate respondents the most recently assigned separate rate in this proceeding, which is from the previous administrative review.\12\ Using this method, we are preliminarily assigning a separate rate margin of 4.78 percent to the 12 non-individually examined companies that demonstrated their eligibility for a separate rate. --------------------------------------------------------------------------- \11\ See, e.g., Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131 (September 19, 2016) and accompanying Preliminary Decision Memorandum. \12\ This margin is from the 2014-2015 administrative review. See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review, 2014-2015, 81 FR 62717 (September 12, 2016) (AR10 Final). --------------------------------------------------------------------------- The Department preliminarily determines that the following dumping margins exist: --------------------------------------------------------------------------- \13\ 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 in the rate box 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. ------------------------------------------------------------------------ Margin Exporter \13\ (percent) ------------------------------------------------------------------------ Au Vung One Seafood Processing Import & Export Joint 4.78 Stock Company.......................................... Cadovimex Seafood Import-Export and Processing Joint 4.78 Stock Company.......................................... Cafatex Corporation, aka................................ 4.78 Taydo Seafood Enterprise................................ Gallant Ocean (Vietnam) Co., Ltd........................ 4.78 Investment Commerce Fisheries Corporation............... 4.78 Kim Anh Company Limited................................. 4.78 Ngo Bros Seaproducts Import-Export One Member Company 4.78 Limited, aka........................................... Ngo Bros................................................ Nha Trang Fisheries Joint Stock Company................. 4.78 Phuong Nam Foodstuff Corp............................... 4.78 Taika Seafood Corporation............................... 4.78 UTXI Aquatic Products Processing Corporation............ 4.78 Vietnam Fish One Co., Ltd., aka......................... 4.78 Viet Hai Seafood Co., Ltd............................... ------------------------------------------------------------------------ Disclosure and Public Comment Normally, The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, here the Department preliminarily applied a separate rate \14\ and the Vietnam- Wide rate \15\ which were established in prior segments of the proceeding. Thus, there are no calculations on this record to disclose. --------------------------------------------------------------------------- \14\ See AR10 Final. \15\ See Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam, 69 FR 71005, 71008 (December 8, 2004) and accompanying Issues and Decision Memorandum at Comments 6 and 10C (``we have applied a rate of 25.76 percent, a rate calculated in the initiation stage of the investigation from information provided in the petition (as adjusted by the Department)''). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the publication of these preliminary results, and rebuttal comments within five days after the time limit for filing case briefs. 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.\16\ Rebuttal briefs must be limited to issues raised in the case briefs.\17\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.309(c) and (d). \17\ See 19 CFR 351.309(d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.\18\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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. --------------------------------------------------------------------------- \18\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- 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.\19\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For the companies receiving a separate rate, we intend to assign an assessment rate of 4.78 percent, consistent with the methodology described above. For the final results, if we continue to treat the mandatory respondents and the additional 51 companies identified in Appendix II as part of the Vietnam-Wide entity, we will instruct CBP to apply an ad valorem assessment rate of 25.76 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. Finally, if we continue to make a no-shipment finding for the 13 companies that reported that they had no shipments of the subject merchandise during the POR, any suspended entries of subject merchandise from these 13 companies will be liquidated at the Vietnam-Wide rate.\20\ The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.\21\ --------------------------------------------------------------------------- \19\ See 19 CFR 351.212(b). \20\ See Assessment Notice. \21\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- Cash Deposit Requirements Should the final results of this administrative review remain unchanged from these preliminary results, the following cash deposit [[Page 78792]] requirements will be effective upon publication of the final results 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: October 31, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology a. Respondent Selection b. Preliminary Determination of No Shipments c. Non-Market Economy Country d. Separate Rates e. The Vietnam-Wide Entity f. Separate Rate for Eligible, Non-Examined Respondents V. Recommendation Appendix II Companies Subject To Review Determined To Be Part of the Vietnam-Wide Entity 1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's affiliate) 2. Amanda Seafood Co., Ltd. 3. An Giang Coffee JSC 4. Anvifish Joint Stock Co. 5. Asia Food Stuffs Import Export Co., Ltd. 6. Binh Thuan Import--Export Joint Stock Company (THAIMEX) 7. Binh An Seafood Joint Stock Company 8. B.O.P. Limited Co. 9. C.P. Vietnam Corporation, aka C.P. Vietnam Corporation (``C.P. Vietnam''), aka C.P. Vietnam Livestock Company Limited, aka C.P. Vietnam Livestock Corporation 10. Can Tho Agricultural and Animal Product Import Export Company (``CATACO''), aka Can Tho Agricultural and Animal Products Import Export Company (``CATACO''), aka Can Tho Agricultural and Animal Products Imex Company, aka Can Tho Agricultural Products 11. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX) 12. Cautre Export Goods Processing Joint Stock Company 13. Coastal Fisheries Development Corporation (``COFIDEC'') 14. Danang Seaproducts Import-Export Corporation (``Seaprodex Danang'') (and its affiliates), aka Danang Seaproducts Import Export Corporation (and its affiliate, Tho Quang Seafood Processing and Export Company) (collectively, ``Seaprodex Danang'')), aka Danang Seaproducts Import Export Corporation (``Seaprodex Danang''), aka Seaprodex Danang, aka Tho Quang Co, aka Tho Quang Seafood Processing and Export Company, aka Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and Export Company) 15. Duy Dai Corporation 16. D & N Foods Processing (Danang Company Ltd.) 17. Gallant Ocean (Quang Ngai) Co., Ltd. 18. Gn Foods 19. Hai Thanh Food Company Ltd. 20. Hai Vuong Co., Ltd. 21. Han An Trading Service Co., Ltd. 22. Hoang Hai Company Ltd. 23. Hua Heong Food Industries Vietnam Co. Ltd. 24. Huynh Huong Seafood Processing (Huynh Houng Trading and Import Export Joint Stock Company) 25. Kien Long Seafoods Co. Ltd. 26. Khanh Loi Seafood Factory 27. Long Toan Frozen Aquatic Products Joint Stock Company 28. Luan Vo Fishery Co., Ltd. 29. Minh Chau Imp. Exp. Seafood Processing Co., Ltd. 30. Mp Consol Co., Ltd. 31. New Wind Seafood Co., Ltd. 32. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company 33. Ngoc Sinh, aka Ngoc Sinh Fisheries, aka Ngoc Sinh Private Enterprises, aka Ngoc Sinh Seafoods, aka Ngoc Sinh Seafood Processing Company, aka Ngoc Sinh Seafood Trading & Processing Enterprise 34. Nhat Duc Co., Ltd. (``Nhat Duc''), aka Nhat Duc Co., Ltd., aka Nhat Duc Co. Ltd. 35. Phu Cuong Jostoco Seafood Corporation, aka Phu Cuong Jostoco Corp. 36. Quoc Ai Seafood Processing Import Export Co., Ltd. 37. S.R.V. Freight Services Co., Ltd. 38. Saigon Food Joint Stock Company 39. Sustainable Seafood 40. Tan Thanh Loi Frozen Food Co., Ltd. 41. Tan Phong Phu Seafood Co., Ltd., aka Tan Phong Phu Seafood Company Ltd. (``TPP Co., Ltd.''), aka Tan Phong Phu Seafood Co. Ltd. (``TPP Co., Ltd.'') 42. Thanh Doan Seaproducts Import & Export Processing Joint-Stock Company (THADIMEXCO) 43. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. 44. Thanh Tri Seafood Processing Co. Ltd. 45. Thinh Hung Co., Ltd. 46. Trang Khan Seafood Co., Ltd. 47. Tien Tien Garment Joint Stock Company 48. Tithi Co., Ltd. 49. Viet Cuong Seafood Processing Import Export Joint-Stock Company 50. Vietnam Northern Viking Technologies Co. Ltd. 51. Vinatex Danang 52. Vinh Loi Import Export Company (``VIMEX''), aka Vinh Loi Import Export Company (``Vimexco'') 53. Xi Nghiep Che Bien Thuy Sue San Xuat Kau Cantho [FR Doc. 2016-27071 Filed 11-8-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices 78789
Countervailing Duty Proceedings: of that information.10 Parties are hereby which extension requests must be filed
Documents Submission Procedures; reminded that revised certification to be considered timely. This
APO Procedures, 73 FR 3634 (January requirements are in effect for company/ modification also requires that an
22, 2008). Those procedures apply to government officials as well as their extension request must be made in a
administrative reviews included in this representatives. All segments of any separate, stand-alone submission, and
notice of initiation. Parties wishing to antidumping duty or countervailing clarifies the circumstances under which
participate in any of these duty proceedings initiated on or after the Department will grant untimely-
administrative reviews should ensure August 16, 2013, should use the formats filed requests for the extension of time
that they meet the requirements of these for the revised certifications provided at limits. These modifications are effective
procedures (e.g., the filing of separate the end of the Final Rule.11 The for all segments initiated on or after
letters of appearance as discussed at 19 Department intends to reject factual October 21, 2013. Please review the
CFR 351.103(d)). submissions in any proceeding final rule, available at http://
segments if the submitting party does www.gpo.gov/fdsys/pkg/FR-2013-09-20/
Revised Factual Information not comply with applicable revised html/2013-22853.htm, prior to
Requirements certification requirements. submitting factual information in these
On April 10, 2013, the Department Revised Extension of Time Limits segments.
published Definition of Factual Regulation These initiations and this notice are
Information and Time Limits for in accordance with section 751(a) of the
On September 20, 2013, the Act (19 U.S.C. 1675(a)) and 19 CFR
Submission of Factual Information: Department modified its regulation 351.221(c)(1)(i).
Final Rule, 78 FR 21246 (April 10, concerning the extension of time limits
2013), which modified two regulations for submissions in antidumping and Dated: November 2, 2016.
related to antidumping and countervailing duty proceedings: Final Christian Marsh,
countervailing duty proceedings: The Rule, 78 FR 57790 (September 20, 2013). Deputy Assistant Secretary for Antidumping
definition of factual information (19 The modification clarifies that parties and Countervailing Duty Operations.
CFR 351.102(b)(21)), and the time limits may request an extension of time limits [FR Doc. 2016–27004 Filed 11–8–16; 8:45 am]
for the submission of factual before a time limit established under BILLING CODE 3510–DS–P
information (19 CFR 351.301). The final Part 351 expires, or as otherwise
rule identifies five categories of factual specified by the Secretary. In general, an
information in 19 CFR 351.102(b)(21), extension request will be considered DEPARTMENT OF COMMERCE
which are summarized as follows: (i) untimely if it is filed after the time limit
Evidence submitted in response to established under Part 351 expires. For International Trade Administration
questionnaires; (ii) evidence submitted submissions which are due from
in support of allegations; (iii) publicly multiple parties simultaneously, an [A–552–802]
available information to value factors extension request will be considered
under 19 CFR 351.408(c) or to measure untimely if it is filed after 10:00 a.m. on Certain Frozen Warmwater Shrimp
the adequacy of remuneration under 19 the due date. Examples include, but are From the Socialist Republic of
CFR 351.511(a)(2); (iv) evidence placed not limited to: (1) Case and rebuttal Vietnam: Preliminary Results of
on the record by the Department; and (v) briefs, filed pursuant to 19 CFR 351.309; Antidumping Duty Administrative
evidence other than factual information (2) factual information to value factors Review; 2015–2016
described in (i)–(iv). The final rule under 19 CFR 351.408(c), or to measure AGENCY: Enforcement and Compliance,
requires any party, when submitting the adequacy of remuneration under 19 International Trade Administration,
factual information, to specify under CFR 351.511(a)(2), filed pursuant to 19 Department of Commerce.
which subsection of 19 CFR CFR 351.301(c)(3) and rebuttal, SUMMARY: The Department of Commerce
351.102(b)(21) the information is being clarification and correction filed (the Department) preliminarily
submitted and, if the information is pursuant to 19 CFR 351.301(c)(3)(iv); (3) determines that none of the mandatory
submitted to rebut, clarify, or correct comments concerning the selection of a respondents in this review qualify for a
factual information already on the surrogate country and surrogate values separate rate and are, therefore,
record, to provide an explanation and rebuttal; (4) comments concerning considered part of the Vietnam-Wide
identifying the information already on U.S. Customs and Border Protection Entity for their exports of subject
the record that the factual information data; and (5) quantity and value merchandise to the United States during
seeks to rebut, clarify, or correct. The questionnaires. Under certain the period of review (POR) February 1,
final rule also modified 19 CFR 351.301 circumstances, the Department may 2015, through January 31, 2016. If these
so that, rather than providing general elect to specify a different time limit by preliminary results are adopted in the
time limits, there are specific time limits which extension requests will be final results, the Department will
based on the type of factual information considered untimely for submissions instruct U.S. Customs and Border
being submitted. These modifications which are due from multiple parties Protection (CBP) to assess antidumping
are effective for all segments initiated on simultaneously. In such a case, the duties on all appropriate entries of
or after May 10, 2013. Please review the Department will inform parties in the subject merchandise during the POR.
final rule, available at http:// letter or memorandum setting forth the Interested parties are invited to
enforcement.trade.gov/frn/2013/ deadline (including a specified time) by comment on these preliminary results.
sradovich on DSK3GMQ082PROD with NOTICES
1304frn/2013-08227.txt, prior to DATES: Effective November 9, 2016.
10 See section 782(b) of the Act.
submitting factual information in this
11 See Certification of Factual Information To FOR FURTHER INFORMATION CONTACT:
segment.
Import Administration During Antidumping and Irene Gorelik, AD/CVD Operations,
Any party submitting factual Countervailing Duty Proceedings, 78 FR 42678 (July Office VIII, Enforcement and
information in an antidumping duty or 17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
Compliance, International Trade
countervailing duty proceeding must at http://enforcement.trade.gov/tlei/notices/factual_ Administration, U.S. Department of
certify to the accuracy and completeness info_final_rule_FAQ_07172013.pdf. Commerce, 1401 Constitution Avenue
VerDate Sep<11>2014 16:29 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/81_FR_79006/page/1.svg)
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requirements will be effective upon e. The Vietnam-Wide Entity Co., Ltd.
publication of the final results for f. Separate Rate for Eligible, Non-Examined 30. Mp Consol Co., Ltd.
shipments of the subject merchandise Respondents 31. New Wind Seafood Co., Ltd.
V. Recommendation 32. Ngoc Chau Co., Ltd. and/or Ngoc Chau
from Vietnam entered, or withdrawn Seafood Processing Company
from warehouse, for consumption on or Appendix II 33. Ngoc Sinh, aka
after the publication date, as provided Ngoc Sinh Fisheries, aka
Companies Subject To Review Determined
by sections 751(a)(2)(C) of the Act: (1) To Be Part of the Vietnam-Wide Entity Ngoc Sinh Private Enterprises, aka
For the companies listed above, which Ngoc Sinh Seafoods, aka
1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Ngoc Sinh Seafood Processing Company,
have a separate rate, the cash deposit Seafood Company (Amanda’s affiliate)
rate will be that established in the final aka
2. Amanda Seafood Co., Ltd. Ngoc Sinh Seafood Trading & Processing
results of this review (except, if the rate 3. An Giang Coffee JSC Enterprise
is zero or de minimis, then zero cash 4. Anvifish Joint Stock Co. 34. Nhat Duc Co., Ltd. (‘‘Nhat Duc’’), aka
deposit will be required); (2) for 5. Asia Food Stuffs Import Export Co., Ltd. Nhat Duc Co., Ltd., aka
previously investigated or reviewed 6. Binh Thuan Import—Export Joint Stock Nhat Duc Co. Ltd.
Vietnam and non-Vietnam exporters not Company (THAIMEX) 35. Phu Cuong Jostoco Seafood Corporation,
listed above that received a separate rate 7. Binh An Seafood Joint Stock Company aka
8. B.O.P. Limited Co. Phu Cuong Jostoco Corp.
in a prior segment of this proceeding, 9. C.P. Vietnam Corporation, aka
the cash deposit rate will continue to be 36. Quoc Ai Seafood Processing Import
C.P. Vietnam Corporation (‘‘C.P. Export Co., Ltd.
the existing exporter-specific rate; (3) for Vietnam’’), aka 37. S.R.V. Freight Services Co., Ltd.
all Vietnam exporters of subject C.P. Vietnam Livestock Company Limited, 38. Saigon Food Joint Stock Company
merchandise that have not been found aka 39. Sustainable Seafood
to be entitled to a separate rate, the cash C.P. Vietnam Livestock Corporation 40. Tan Thanh Loi Frozen Food Co., Ltd.
deposit rate will be the existing rate for 10. Can Tho Agricultural and Animal 41. Tan Phong Phu Seafood Co., Ltd., aka
the Vietnam-Wide entity of 25.76 Product Import Export Company Tan Phong Phu Seafood Company Ltd.
(‘‘CATACO’’), aka (‘‘TPP Co., Ltd.’’), aka
percent; and (4) for all non-Vietnam Can Tho Agricultural and Animal Products
exporters of subject merchandise which Tan Phong Phu Seafood Co. Ltd. (‘‘TPP Co.,
Import Export Company (‘‘CATACO’’), Ltd.’’)
have not received their own rate, the aka 42. Thanh Doan Seaproducts Import & Export
cash deposit rate will be the rate Can Tho Agricultural and Animal Products Processing Joint-Stock Company
applicable to the Vietnam exporter that Imex Company, aka (THADIMEXCO)
supplied that non-Vietnam exporter. Can Tho Agricultural Products 43. Thanh Hung Frozen Seafood Processing
These deposit requirements, when 11. Can Tho Import Export Seafood Joint Import Export Co., Ltd.
imposed, shall remain in effect until Stock Company (CASEAMEX) 44. Thanh Tri Seafood Processing Co. Ltd.
12. Cautre Export Goods Processing Joint 45. Thinh Hung Co., Ltd.
further notice.
Stock Company 46. Trang Khan Seafood Co., Ltd.
Notification to Importers 13. Coastal Fisheries Development 47. Tien Tien Garment Joint Stock Company
Corporation (‘‘COFIDEC’’) 48. Tithi Co., Ltd.
This notice also serves as a 14. Danang Seaproducts Import-Export 49. Viet Cuong Seafood Processing Import
preliminary reminder to importers of Corporation (‘‘Seaprodex Danang’’) (and Export Joint-Stock Company
their responsibility under 19 CFR its affiliates), aka 50. Vietnam Northern Viking Technologies
351.402(f)(2) to file a certificate Danang Seaproducts Import Export Co. Ltd.
regarding the reimbursement of Corporation (and its affiliate, Tho Quang 51. Vinatex Danang
antidumping duties prior to liquidation Seafood Processing and Export 52. Vinh Loi Import Export Company
of the relevant entries during this Company) (collectively, ‘‘Seaprodex (‘‘VIMEX’’), aka
Danang’’)), aka Vinh Loi Import Export Company
review period. Failure to comply with Danang Seaproducts Import Export
this requirement could result in the (‘‘Vimexco’’)
Corporation (‘‘Seaprodex Danang’’), aka 53. Xi Nghiep Che Bien Thuy Sue San Xuat
Department’s presumption that Seaprodex Danang, aka Kau Cantho
reimbursement of antidumping duties Tho Quang Co, aka
[FR Doc. 2016–27071 Filed 11–8–16; 8:45 am]
occurred and the subsequent assessment Tho Quang Seafood Processing and Export
of double antidumping duties. Company, aka BILLING CODE 3510–DS–P
This determination is issued and Frozen Seafoods Factory No. 32 (Tho
published in accordance with sections Quang Seafood Processing and Export
751(a)(1) and 777(i)(1) of the Act and 19 Company) DEPARTMENT OF COMMERCE
15. Duy Dai Corporation
CFR 351.221(b)(4). 16. D & N Foods Processing (Danang National Institute of Standards and
Dated: October 31, 2016. Company Ltd.) Technology
Paul Piquado, 17. Gallant Ocean (Quang Ngai) Co., Ltd.
18. Gn Foods Notice of Availability for Licensing—
Assistant Secretary for Enforcement and
19. Hai Thanh Food Company Ltd. NIST’s Patented Microfluidic
Compliance.
20. Hai Vuong Co., Ltd. Apparatus and Method To Control
Appendix I 21. Han An Trading Service Co., Ltd.
22. Hoang Hai Company Ltd.
Liposome Formation
List of Topics Discussed in the Preliminary 23. Hua Heong Food Industries Vietnam Co.
Decision Memorandum
AGENCY: National Institute of Standards
Ltd. and Technology.
I. Summary 24. Huynh Huong Seafood Processing
sradovich on DSK3GMQ082PROD with NOTICES
(Huynh Houng Trading and Import ACTION: Notice.
II. Background
III. Scope of the Order Export Joint Stock Company) SUMMARY: The National Institute of
IV. Discussion of the Methodology 25. Kien Long Seafoods Co. Ltd.
a. Respondent Selection 26. Khanh Loi Seafood Factory Standards and Technology (NIST), an
b. Preliminary Determination of No 27. Long Toan Frozen Aquatic Products Joint agency of the United States Department
Shipments Stock Company of Commerce, owns two patents related
c. Non-Market Economy Country 28. Luan Vo Fishery Co., Ltd. to controlled liposome formation using
d. Separate Rates 29. Minh Chau Imp. Exp. Seafood Processing microfluidic channels: U.S. Patent
VerDate Sep<11>2014 16:29 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/81_FR_79006/page/4.svg)
Document Created: 2016-11-09 01:39:20
Document Modified: 2016-11-09 01:39:20
| 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 November 9, 2016. | |
| Contact | Irene Gorelik, 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) 482-6905. | |
| FR Citation | 81 FR 78789 |
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