82_FR_39725 82 FR 39565 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results

82 FR 39565 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39565-39567
FR Document2017-17630

On June 29, 2017, the Court of International Trade (CIT) issued its final judgment, sustaining the Department of Commerce's (the Department's) remand results pertaining to the ninth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam) covering the period of review (POR) of February 1, 2013, through January 31, 2014. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the ninth administrative review,\1\ and that the Department is amending the final results with respect to the labor surrogate value applied in the administrative review. The effective date of this notice is July 9, 2017. ---------------------------------------------------------------------------

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39565-39567]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17630]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 29, 2017, the Court of International Trade (CIT) 
issued its final judgment, sustaining the Department of Commerce's (the 
Department's) remand results pertaining to the ninth administrative 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (Vietnam) covering the period of 
review (POR) of February 1, 2013, through January 31, 2014. The 
Department is notifying the public that the final judgment in this case 
is not in harmony with the final results of the ninth administrative 
review,\1\ and that the Department is amending the final results with 
respect to the labor surrogate value applied in the administrative 
review. The effective date of this notice is July 9, 2017.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2013-2014, 80 FR 55328 (September 15, 2015) 
(Final Results).

---------------------------------------------------------------------------
DATES: Applicable July 9, 2017.

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 
NW., Washington, DC 20230; telephone:
    (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Background

    On September 15, 2015, the Department published its Final Results. 
In the Final Results, we relied on data from the Bangladeshi Bureau of 
Statistics (BBS) to value the respondents' labor consumption. 
Subsequently, the CIT remanded this issue to the Department for further 
explanation or reconsideration.\2\ In the Remand Redetermination, the 
Department reconsidered its determination and found that the BBS data 
are not the best available information with which to value respondents' 
labor.\3\ Consequently, the Department evaluated the alternative wage 
rates on the record and determined that India wage rate data are the 
best available information for valuing labor.
---------------------------------------------------------------------------

    \2\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 15-00279, Slip Op. 17-27 (March 16, 2017) (Remand Opinion 
and Order) at 24.
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, dated June 6, 2017, at 9 (Remand Redetermination); available 
at http://enforcement.trade.gov/remands/17-27.pdf.
---------------------------------------------------------------------------

    In the Final Results, we calculated a 0.00 percent weighted-average 
margin for Sao Ta Foods Joint Stock Company and a 1.16 percent 
weighted-average margin for Thuan Phuoc Seafoods and Trading 
Corporation.\4\ Based on our change of the labor surrogate value, we 
continued to calculate a 0.00 percent weighted-average margin for Sao 
Ta Foods Joint Stock Company and calculated a 1.42 percent weighted-
average margin for Thuan Phuoc Seafoods and Trading Corporation.\5\
---------------------------------------------------------------------------

    \4\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2013- 2014, 80 FR 55328, 55329 (September 15, 
2015) (Final Results).
    \5\ See Memorandum to the File, from Irene Gorelik, Senior 
International Trade Compliance Analyst, Office VIII, re: ``Remand 
Redetermination--Revised Final Results Calculations,'' dated May 12, 
2017 (Remand Recalculations).
     at Attachments 1-4.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the Act), the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

    This notice is published in fulfillment of the publication 
requirement of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise at issue in the 
Remand Redetermination pending expiration of the period to appeal or, 
if appealed, a final and conclusive court decision.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results. Based on the Remand Redetermination, as 
affirmed by the Court on June 29, 2017, the revised weighted-average 
dumping margin for Thuan Phuoc Seafoods and Trading Corporation for the 
period February 1, 2013, through January 31, 2014, is 1.42 percent. As 
noted above, there was no change to Sao Ta Foods Joint Stock Company's 
weighted-average margin from the Final Results; we continued to 
calculate a 0.00 percent weighted-average margin for Sao Ta Foods Joint 
Stock Company in the Remand Redetermination.
    Further, for the purpose of recalculating the sample rate for the 
non-individually examined companies that received a separate rate and 
are parties to this litigation,\8\ we adjusted the Minh Phu Group's 
final margin from 1.39 percent \9\ to 1.53 percent; \10\ however, there 
is no effect to the Minh Phu Group's final margin of 1.39

[[Page 39566]]

percent in the Final Results.\11\ In the Remand Redetermination, the 
Department recalculated the sample rate resulting in a weighted-average 
dumping margin of 1.05 percent \12\ for the non-individually examined 
companies that qualified for a separate rate and are subject to this 
litigation.
---------------------------------------------------------------------------

    \8\ See Remand Recalculations at 4-6, for the list of the 
separate rate companies that are subject to this litigation; see 
also Memorandum to the File, from Irene Gorelik, Senior 
International Trade Compliance Analyst, Office VIII, re: ``Final 
Remand Redetermination--Revised Final Remand Recalculations,'' dated 
June 15, 2017 (Final Remand Recalculations) at 4 for the 
recalculation of the sample rate for the final remand 
redetermination.
    \9\ See Final Results, 80 FR at 55329. See also Remand 
Recalculations at 4.
    \10\ See Final Remand Recalculations at 3 and Attachments 1-4.
    \11\ Since the issuance of the Final Results, the Department has 
revoked the antidumping duty order with respect to the Minh Phu 
Group. See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Notice of Implementation of Determination Under 
Section 129 of the Uruguay Round Agreements Act and Partial 
Revocation of the Antidumping Duty Order, 81 FR 47756, 47757-47758 
(July 22, 2016). Moreover, the Minh Phu Group is not subject to this 
litigation, the original injunction enjoining the lifting of 
suspension has been lifted, and the suspended entries have been 
liquidated. Accordingly, our recalculations pertain to the two 
remaining mandatory respondents, Sao Ta Foods Joint Stock Company 
and Thuan Phuoc Seafoods and Trading Corporation, and the non-
individually examined companies that received a separate rate and 
are subject to this litigation.
    \12\ See Final Remand Recalculations at 4.
---------------------------------------------------------------------------

    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
instruct U.S. Customs and Border Protection to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
importer-specific assessment rates recalculated in the Remand 
Redetermination for Sao Ta Foods Joint Stock Company and Thuan Phuoc 
Seafoods and Trading Corporation and the above-noted 1.05 percent 
recalculated sample rate for the non-individually examined respondents 
that received a separate rate in the Final Results and are subject to 
this litigation.

Cash Deposit Requirements

Mandatory Respondents

    Because there have been subsequent administrative reviews for Sao 
Ta Foods Joint Stock Company \13\ and Thuan Phuoc Seafoods and Trading 
Corporation,\14\ the cash deposit rate for these two companies will 
remain the rate established in the most recently-completed 
administrative review in which they received a cash deposit rate of 
4.78 percent.\15\
---------------------------------------------------------------------------

    \13\ Sao Ta Foods Joint Stock Company was granted the following 
``also-known-as'' (aka) or ``doing-business-as'' (dba) names in the 
Final Results (which were included in the injunction enjoining 
liquidation of suspended entries): Sao Ta Foods Joint Stock Company, 
aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota Seafood Factory. 
However, many of these names were not granted separate rate status 
in Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review, 
2014-2015, 81 FR 62717, 62718-62719 (September 12, 2016) (AR10 Final 
Results). Thus, for liquidation purposes, we will continue to use 
Sao Ta Foods Joint Stock Company's aforementioned aka/dba names; but 
for cash deposit purposes, only the aka and/or dba names granted in 
AR10 Final Results are valid.
    \14\ Thuan Phuoc Seafoods and Trading Corporation was granted 
the following aka or dba names in the Final Results (which were 
included in the injunction enjoining liquidation of suspended 
entries): Thuan Phuoc Seafoods and Trading Corporation, aka 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. However, many of these names were not 
granted separate rate status in AR10 Final Results. Thus, for 
liquidation purposes, we will continue to use Thuan Phuoc Seafoods 
and Trading Corporation's aforementioned aka/dba names; but for cash 
deposit purposes, only the aka and/or dba names granted in AR10 
Final Results are valid.
    \15\ See AR10 Final Results, 81 FR at 62718-62719.
---------------------------------------------------------------------------

Separate-Rate Companies

    There have been subsequent administrative reviews completed for the 
below-listed non-individually examined companies that qualified for a 
separate rate and are subject to this litigation; thus, the cash 
deposit rate for these exporters will remain the rate established in 
the most recently-completed administrative review in which they 
received a cash deposit rate.
---------------------------------------------------------------------------

    \16\ Many of the aka or dba names subject to the litigation were 
not included in subsequent reviews. Therefore, the aka and/or dba 
names granted separate rate status in subsequent reviews supersede 
those listed above. The names listed above are included here as they 
appear in the injunctions enjoining liquidation pending completion 
of this litigation. Therefore, for liquidation purposes, we will 
continue to use the names above; however, only the aka and/or dba 
names granted separate rate status in subsequent reviews are valid 
for cash deposit purposes.
    \17\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2015-2016, 82 FR 11431, 11433 (February 23, 
2017) (AR11 Final Results).

------------------------------------------------------------------------
                               Cash deposit
        Exporter \16\         rate in effect   Federal Register  notice
                                 (percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint                4.78  AR10 Final Results.
 Stock Company, aka Bac Lieu
 Fisheries Company Limited,
 aka Bac Lieu Fisheries Co.,
 Ltd., aka Bac Lieu
 Fisheries Limited Company,
 aka Bac Lieu Fis.
Camau Frozen Seafood                    4.78  AR10 Final Results.
 Processing Import Export
 Corporation, 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,              25.76  AR11 Final Results.\17\
 aka C.P. Vietnam Livestock
 Corporation, aka C.P.
 Vietnam Livestock Company
 Limited, aka C.P. Vietnam.
Cadovimex Seafood Import-               4.78  AR11 Final Results.
 Export and Processing Joint
 Stock Company, aka Cai Doi
 Vam Seafood Import-Export
 Company, aka Caidoivam
 Seafood Company
 (Cadovimex), aka Cadovimex-
 Vietnam.
Can Tho Import Export                   4.78  AR10 Final Results
 Fishery Limited Company,
 aka CAFISH.
Cuu Long Seaproducts                    4.78  AR10 Final Results.
 Company, aka Cuulong
 Seaproducts Company, aka
 Cuu Long Seaproducts
 Limited, aka Cuulong
 Seapro, aka Cuu Long
 Seapro..
Gallant Ocean (Vietnam) Co.,            4.78  AR11 Final Results.
 Ltd..
Gallant Dachan Seafood Co.,             4.78  AR10 Final Results.
 Ltd..
Hai Viet Corporation, aka               4.78  AR10 Final Results.
 HAVICO.
Investment Commerce                     4.78  AR11 Final Results.
 Fisheries Corporation, aka
 Investment Commerce
 Fisheries Corp., aka
 Investment Commerce
 Fisheries, aka Incomfish,
 aka Incomfish Corp., aka
 Incomfish Corporation.
Kim Anh Company Limited, aka            4.78  AR11 Final Results.
 Kim Anh Co, Ltd.
Minh Cuong Seafood Import              25.76  AR10 Final Results.
 Export Frozen Processing
 Joint Stock Co, aka Minh
 Cuong Seafood Import-
 Export Processing, aka MC
 Seafood.
Minh Hai Export Frozen                  4.78  AR10 Final Results.
 Seafood Processing Joint-
 Stock Company, aka Minh Hai
 Jostoco.
Minh Hai Joint-Stock                    4.78  AR10 Final Results.
 Seafoods Processing
 Company, aka 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            4.78  AR10 Final Results.
 Export Company, aka Ca Mau
 Seafood Joint Stock
 Company, aka Seaprimexco
 Vietnam, aka Seaprimexco.
Nha Trang Fisheries Joint               4.78  AR11 Final Results.
 Stock Company, aka Nha
 Trang Fisco, aka Nhatrang
 Fisco, aka Nha Trang
 Fisheries, Joint Stock.

[[Page 39567]]

 
Nha Trang Seafoods Group:               4.78  AR10 Final Results.
 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            4.78  AR10 Final Results.
 Company, aka Ngoc Tri
 Seafood Company.
Phuong Nam Foodstuff Corp.              4.78  AR11 Final Results.
 aka Phuong Nam Co., Ltd.,
 aka Phuong Nam Foodstuff
 Product Processing Joint
 Stock Corporation, aka
 Phuong Namco-Ltd.
Quoc Viet Seaproducts                   4.78  AR10 Final Results.
 Processing Trading and
 Import-Export Co., Ltd.
Soc Trang Seafood Joint                 4.78  AR10 Final Results.
 Stock Company, aka
 Stapimex, aka Soc Trang
 Aquatic Products and
 General Import Export
 Company, aka Soc Trang
 Aquatic Products and
 General Import Export
 Company (``Stapimex''), aka
 Stapmex.
Tan Phong Phu Seafoods Co.,            25.76  AR11 Final Results.
 Ltd.
Thong Thuan Company Limited,            4.78  AR10 Final Results.
 aka T&T Co., Ltd.
UTXI Aquatic Products                   4.78  AR11 Final Results.
 Processing Corporation, aka
 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               4.78  AR10 Final Results.
 Nam Hai Foodstuff and
 Export Company Ltd.
Vietnam Clean Seafood                   4.78  AR10 Final Results.
 Corporation, aka Vina
 Cleanfood.
Viet Hai Seafood Co., Ltd.,             4.78  AR11 Final Results.
 aka Vietnam Fish One Co.,
 Ltd.
Viet I-Mei Frozen Foods Co.,            4.78  AR10 Final Results
 Ltd.
------------------------------------------------------------------------

    There have been no subsequent administrative reviews completed for 
the below-listed non-individually examined companies that qualified for 
a separate rate and are subject to this litigation; thus, the cash 
deposit rate of 1.05 percent, as recalculated in the Remand 
Redetermination, applies for these exporters.

------------------------------------------------------------------------
                                                           Cash deposit
                        Exporter                          rate in effect
                                                             (percent)
------------------------------------------------------------------------
Bentre Forestry and Aquaproduct Import-Export Joint                 1.05
 Stock Company, aka FAQUIMEX............................
Fine Foods Co., aka FFC.................................            1.05
Goldenquality Seafood Corporation.......................            1.05
Tacvan Frozen Seafood Processing Export Company, aka                1.05
 Tacvan Seafoods Co.....................................
------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: August 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-17630 Filed 8-18-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                                   39565

                                                    to facilitate analysis of and the                       review,1 and that the Department is                   Timken Notice
                                                    submission of comments and new                          amending the final results with respect
                                                                                                                                                                     In its decision in Timken,6 as clarified
                                                    factual information.5                                   to the labor surrogate value applied in
                                                                                                                                                                  by Diamond Sawblades,7 the Federal
                                                       For the reasons stated above, and                    the administrative review. The effective
                                                                                                                                                                  Circuit held that, pursuant to section
                                                    because there are no compelling reasons                 date of this notice is July 9, 2017.
                                                                                                                                                                  516A(e) of the Tariff Act of 1930, as
                                                    to deny the request, the Department, in                 DATES: Applicable July 9, 2017.
                                                                                                                                                                  amended (the Act), the Department
                                                    accordance with section 733(c)(1)(A) of                 FOR FURTHER INFORMATION CONTACT:                      must publish a notice of a court
                                                    the Act, is postponing the deadline for                 Irene Gorelik, AD/CVD Operations                      decision that is not ‘‘in harmony’’ with
                                                    the preliminary determinations by 50                    Office VIII, Enforcement and                          a Department determination and must
                                                    days (i.e., 190 days after the date on                  Compliance, International Trade                       suspend liquidation of entries pending
                                                    which these investigations were                         Administration, U.S. Department of                    a ‘‘conclusive’’ court decision.
                                                    initiated). As a result, the Department                 Commerce, 1401 Constitution Avenue
                                                    will issue its preliminary                                                                                       This notice is published in fulfillment
                                                                                                            NW., Washington, DC 20230; telephone:
                                                    determinations no later than October 24,                                                                      of the publication requirement of
                                                                                                               (202) 482–6905.
                                                    2017. In accordance with section                                                                              Timken. Accordingly, the Department
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    735(a)(1) of the Act and 19 CFR                                                                               will continue the suspension of
                                                    351.210(b)(1), the deadline for the final               Background                                            liquidation of the subject merchandise
                                                    determinations of these investigations                     On September 15, 2015, the                         at issue in the Remand Redetermination
                                                    will continue to be 75 days after the                   Department published its Final Results.               pending expiration of the period to
                                                    date of publication of the preliminary                  In the Final Results, we relied on data               appeal or, if appealed, a final and
                                                    determinations, unless postponed at a                   from the Bangladeshi Bureau of                        conclusive court decision.
                                                    later date.                                             Statistics (BBS) to value the                         Amended Final Results
                                                       This notice is issued and published                  respondents’ labor consumption.
                                                    pursuant to section 733(c)(2) of the Act                Subsequently, the CIT remanded this                      Because there is now a final court
                                                    and 19 CFR 351.205(f)(1).                               issue to the Department for further                   decision, the Department is amending
                                                                                                            explanation or reconsideration.2 In the               the Final Results. Based on the Remand
                                                      Dated: August 15, 2017.                                                                                     Redetermination, as affirmed by the
                                                    Gary Taverman,
                                                                                                            Remand Redetermination, the
                                                                                                            Department reconsidered its                           Court on June 29, 2017, the revised
                                                    Deputy Assistant Secretary for Antidumping                                                                    weighted-average dumping margin for
                                                    and Countervailing Duty Operations,
                                                                                                            determination and found that the BBS
                                                                                                            data are not the best available                       Thuan Phuoc Seafoods and Trading
                                                    performing the non-exclusive functions and                                                                    Corporation for the period February 1,
                                                    duties of the Assistant Secretary for                   information with which to value
                                                                                                            respondents’ labor.3 Consequently, the                2013, through January 31, 2014, is 1.42
                                                    Enforcement and Compliance.
                                                                                                            Department evaluated the alternative                  percent. As noted above, there was no
                                                    [FR Doc. 2017–17620 Filed 8–18–17; 8:45 am]
                                                                                                            wage rates on the record and                          change to Sao Ta Foods Joint Stock
                                                    BILLING CODE 3510–DS–P                                                                                        Company’s weighted-average margin
                                                                                                            determined that India wage rate data are
                                                                                                            the best available information for                    from the Final Results; we continued to
                                                                                                            valuing labor.                                        calculate a 0.00 percent weighted-
                                                    DEPARTMENT OF COMMERCE
                                                                                                               In the Final Results, we calculated a              average margin for Sao Ta Foods Joint
                                                    International Trade Administration                      0.00 percent weighted-average margin                  Stock Company in the Remand
                                                                                                            for Sao Ta Foods Joint Stock Company                  Redetermination.
                                                    [A–552–802]                                             and a 1.16 percent weighted-average                      Further, for the purpose of
                                                                                                            margin for Thuan Phuoc Seafoods and                   recalculating the sample rate for the
                                                    Certain Frozen Warmwater Shrimp                         Trading Corporation.4 Based on our                    non-individually examined companies
                                                    From the Socialist Republic of                          change of the labor surrogate value, we               that received a separate rate and are
                                                    Vietnam: Notice of Court Decision Not                   continued to calculate a 0.00 percent                 parties to this litigation,8 we adjusted
                                                    in Harmony With Final Results of                        weighted-average margin for Sao Ta                    the Minh Phu Group’s final margin from
                                                    Administrative Review and Notice of                     Foods Joint Stock Company and                         1.39 percent 9 to 1.53 percent; 10
                                                    Amended Final Results                                   calculated a 1.42 percent weighted-                   however, there is no effect to the Minh
                                                    AGENCY:  Enforcement and Compliance,                    average margin for Thuan Phuoc                        Phu Group’s final margin of 1.39
                                                    International Trade Administration,                     Seafoods and Trading Corporation.5
                                                    Department of Commerce.                                                                                       Redetermination—Revised Final Results
                                                                                                              1 See Certain Frozen Warmwater Shrimp from the      Calculations,’’ dated May 12, 2017 (Remand
                                                    SUMMARY: On June 29, 2017, the Court                                                                          Recalculations).
                                                                                                            Socialist Republic of Vietnam: Final Results of
                                                    of International Trade (CIT) issued its                 Antidumping Duty Administrative Review, 2013–            at Attachments 1–4.
                                                    final judgment, sustaining the                          2014, 80 FR 55328 (September 15, 2015) (Final            6 See Timken Co. v. United States, 893 F.2d 337,

                                                    Department of Commerce’s (the                           Results).                                             341 (Fed. Cir. 1990) (Timken).
                                                                                                              2 See Ad Hoc Shrimp Trade Action Committee v.          7 See Diamond Sawblades Mfrs. Coalition v.
                                                    Department’s) remand results pertaining
                                                                                                            United States, Court No. 15–00279, Slip Op. 17–27     United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                    to the ninth administrative review of the               (March 16, 2017) (Remand Opinion and Order) at        (Diamond Sawblades).
                                                    antidumping duty order on certain                       24.                                                      8 See Remand Recalculations at 4–6, for the list
                                                    frozen warmwater shrimp from the                          3 See Final Results of Redetermination Pursuant     of the separate rate companies that are subject to
                                                    Socialist Republic of Vietnam (Vietnam)                 to Court Remand, dated June 6, 2017, at 9 (Remand     this litigation; see also Memorandum to the File,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    covering the period of review (POR) of                  Redetermination); available at http://                from Irene Gorelik, Senior International Trade
                                                                                                            enforcement.trade.gov/remands/17-27.pdf.              Compliance Analyst, Office VIII, re: ‘‘Final Remand
                                                    February 1, 2013, through January 31,                     4 See Certain Frozen Warmwater Shrimp from the      Redetermination—Revised Final Remand
                                                    2014. The Department is notifying the                   Socialist Republic of Vietnam: Final Results of       Recalculations,’’ dated June 15, 2017 (Final Remand
                                                    public that the final judgment in this                  Antidumping Duty Administrative Review, 2013–         Recalculations) at 4 for the recalculation of the
                                                    case is not in harmony with the final                   2014, 80 FR 55328, 55329 (September 15, 2015)         sample rate for the final remand redetermination.
                                                                                                            (Final Results).                                         9 See Final Results, 80 FR at 55329. See also
                                                    results of the ninth administrative                       5 See Memorandum to the File, from Irene            Remand Recalculations at 4.
                                                                                                            Gorelik, Senior International Trade Compliance           10 See Final Remand Recalculations at 3 and
                                                      5 Id.                                                 Analyst, Office VIII, re: ‘‘Remand                    Attachments 1–4.



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                                                    39566                               Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices

                                                    percent in the Final Results.11 In the                              Redetermination for Sao Ta Foods Joint                               these two companies will remain the
                                                    Remand Redetermination, the                                         Stock Company and Thuan Phuoc                                        rate established in the most recently-
                                                    Department recalculated the sample rate                             Seafoods and Trading Corporation and                                 completed administrative review in
                                                    resulting in a weighted-average                                     the above-noted 1.05 percent                                         which they received a cash deposit rate
                                                    dumping margin of 1.05 percent 12 for                               recalculated sample rate for the non-                                of 4.78 percent.15
                                                    the non-individually examined                                       individually examined respondents that                               Separate-Rate Companies
                                                    companies that qualified for a separate                             received a separate rate in the Final
                                                    rate and are subject to this litigation.                            Results and are subject to this litigation.                             There have been subsequent
                                                      In the event that the CIT’s ruling is                                                                                                  administrative reviews completed for
                                                    not appealed or, if appealed, is upheld                             Cash Deposit Requirements                                            the below-listed non-individually
                                                    by a final and conclusive court decision,                           Mandatory Respondents                                                examined companies that qualified for a
                                                    the Department will instruct U.S.                                                                                                        separate rate and are subject to this
                                                    Customs and Border Protection to assess                               Because there have been subsequent                                 litigation; thus, the cash deposit rate for
                                                    antidumping duties on unliquidated                                  administrative reviews for Sao Ta Foods                              these exporters will remain the rate
                                                    entries of subject merchandise based on                             Joint Stock Company 13 and Thuan                                     established in the most recently-
                                                    the importer-specific assessment rates                              Phuoc Seafoods and Trading                                           completed administrative review in
                                                    recalculated in the Remand                                          Corporation,14 the cash deposit rate for                             which they received a cash deposit rate.

                                                                                                                                                                                                       Cash deposit        Federal Register
                                                                                                                    Exporter 16                                                                        rate in effect           notice
                                                                                                                                                                                                         (percent)

                                                    Bac Lieu Fisheries Joint Stock Company, aka Bac Lieu Fisheries Company Limited, aka Bac Lieu Fish-                                                           4.78   AR10 Final Results.
                                                      eries Co., Ltd., aka Bac Lieu Fisheries Limited Company, aka Bac Lieu Fis.
                                                    Camau Frozen Seafood Processing Import Export Corporation, aka Camimex, aka Camau Seafood                                                                    4.78   AR10 Final Results.
                                                      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 C.P. Vietnam Livestock Corporation, aka C.P. Vietnam Livestock Com-                                                           25.76   AR11 Final Results.17
                                                      pany Limited, aka C.P. Vietnam.
                                                    Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka Cai Doi Vam Seafood                                                                  4.78   AR11 Final Results.
                                                      Import-Export Company, aka Caidoivam Seafood Company (Cadovimex), aka Cadovimex-Vietnam.
                                                    Can Tho Import Export Fishery Limited Company, aka CAFISH ...............................................................                                    4.78   AR10 Final Results
                                                    Cuu Long Seaproducts Company, aka Cuulong Seaproducts Company, aka Cuu Long Seaproducts                                                                      4.78   AR10 Final Results.
                                                      Limited, aka Cuulong Seapro, aka Cuu Long Seapro..
                                                    Gallant Ocean (Vietnam) Co., Ltd. ..............................................................................................................             4.78   AR11   Final   Results.
                                                    Gallant Dachan Seafood Co., Ltd. ..............................................................................................................              4.78   AR10   Final   Results.
                                                    Hai Viet Corporation, aka HAVICO .............................................................................................................               4.78   AR10   Final   Results.
                                                    Investment Commerce Fisheries Corporation, aka Investment Commerce Fisheries Corp., aka Invest-                                                              4.78   AR11   Final   Results.
                                                      ment Commerce Fisheries, aka Incomfish, aka Incomfish Corp., aka Incomfish Corporation.
                                                    Kim Anh Company Limited, aka Kim Anh Co, Ltd ......................................................................................                          4.78   AR11 Final Results.
                                                    Minh Cuong Seafood Import Export Frozen Processing Joint Stock Co, aka Minh Cuong Seafood                                                                   25.76   AR10 Final Results.
                                                      Import- Export Processing, aka MC Seafood.
                                                    Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco ....................                                                     4.78   AR10 Final Results.
                                                    Minh Hai Joint-Stock Seafoods Processing Company, aka Seaprodex Minh Hai, aka Sea Minh Hai, aka                                                              4.78   AR10 Final Results.
                                                      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 Ca Mau Seafood Joint Stock Company, aka                                                                     4.78   AR10 Final Results.
                                                      Seaprimexco Vietnam, aka Seaprimexco.
                                                    Nha Trang Fisheries Joint Stock Company, aka Nha Trang Fisco, aka Nhatrang Fisco, aka Nha Trang                                                              4.78   AR11 Final Results.
                                                      Fisheries, Joint Stock.

                                                       11 Since the issuance of the Final Results, the                  liquidation of suspended entries): Sao Ta Foods                      separate rate status in AR10 Final Results. Thus, for
                                                    Department has revoked the antidumping duty                         Joint Stock Company, aka Fimex VN, aka Sao Ta                        liquidation purposes, we will continue to use
                                                    order with respect to the Minh Phu Group. See                       Seafood Factory, aka Saota Seafood Factory.                          Thuan Phuoc Seafoods and Trading Corporation’s
                                                    Certain Frozen Warmwater Shrimp from the                            However, many of these names were not granted                        aforementioned aka/dba names; but for cash deposit
                                                    Socialist Republic of Vietnam: Notice of                            separate rate status in Certain Frozen Warmwater                     purposes, only the aka and/or dba names granted
                                                    Implementation of Determination Under Section                       Shrimp from the Socialist Republic of Vietnam:                       in AR10 Final Results are valid.
                                                    129 of the Uruguay Round Agreements Act and                         Final Results of Antidumping Duty Administrative                        15 See AR10 Final Results, 81 FR at 62718–62719.

                                                    Partial Revocation of the Antidumping Duty Order,                   Review, 2014–2015, 81 FR 62717, 62718–62719                             16 Many of the aka or dba names subject to the
                                                    81 FR 47756, 47757–47758 (July 22, 2016).                           (September 12, 2016) (AR10 Final Results). Thus,                     litigation were not included in subsequent reviews.
                                                    Moreover, the Minh Phu Group is not subject to this                 for liquidation purposes, we will continue to use                    Therefore, the aka and/or dba names granted
                                                    litigation, the original injunction enjoining the                   Sao Ta Foods Joint Stock Company’s                                   separate rate status in subsequent reviews
                                                    lifting of suspension has been lifted, and the                      aforementioned aka/dba names; but for cash deposit                   supersede those listed above. The names listed
                                                    suspended entries have been liquidated.                             purposes, only the aka and/or dba names granted                      above are included here as they appear in the
                                                    Accordingly, our recalculations pertain to the two                  in AR10 Final Results are valid.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                                             injunctions enjoining liquidation pending
                                                    remaining mandatory respondents, Sao Ta Foods                          14 Thuan Phuoc Seafoods and Trading                               completion of this litigation. Therefore, for
                                                    Joint Stock Company and Thuan Phuoc Seafoods                        Corporation was granted the following aka or dba                     liquidation purposes, we will continue to use the
                                                    and Trading Corporation, and the non-individually                   names in the Final Results (which were included                      names above; however, only the aka and/or dba
                                                    examined companies that received a separate rate                    in the injunction enjoining liquidation of                           names granted separate rate status in subsequent
                                                    and are subject to this litigation.                                 suspended entries): Thuan Phuoc Seafoods and                         reviews are valid for cash deposit purposes.
                                                       12 See Final Remand Recalculations at 4.
                                                                                                                        Trading Corporation, aka Thuan Phuoc Corp., aka                         17 See Certain Frozen Warmwater Shrimp from
                                                       13 Sao Ta Foods Joint Stock Company was granted                  Frozen Seafoods Factory No. 32, aka Seafoods and                     the Socialist Republic of Vietnam: Final Results of
                                                    the following ‘‘also-known-as’’ (aka) or ‘‘doing-                   Foodstuff Factory, aka Seafoods and Foodstuff                        Antidumping Duty Administrative Review, 2015–
                                                    business-as’’ (dba) names in the Final Results                      Factory Vietnam, aka My Son Seafoods Factory.                        2016, 82 FR 11431, 11433 (February 23, 2017)
                                                    (which were included in the injunction enjoining                    However, many of these names were not granted                        (AR11 Final Results).



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                                                                                          Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                                                                            39567

                                                                                                                                                                                                                Cash deposit                Federal Register
                                                                                                                       Exporter 16                                                                              rate in effect                   notice
                                                                                                                                                                                                                  (percent)

                                                    Nha Trang Seafoods Group: Nha Trang Seaproduct Company, aka Nha Trang Seafoods, aka NT Sea-                                                                               4.78      AR10 Final Results.
                                                      foods 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 Ngoc Tri Seafood Company ...............................................                                                        4.78      AR10 Final Results.
                                                    Phuong Nam Foodstuff Corp. aka Phuong Nam Co., Ltd., aka Phuong Nam Foodstuff Product Proc-                                                                               4.78      AR11 Final Results.
                                                      essing Joint Stock Corporation, aka Phuong Namco-Ltd.
                                                    Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd ...................................................                                                   4.78      AR10 Final Results.
                                                    Soc Trang Seafood Joint Stock Company, aka Stapimex, aka Soc Trang Aquatic Products and Gen-                                                                              4.78      AR10 Final Results.
                                                      eral Import Export Company, aka Soc Trang Aquatic Products and General Import Export Company
                                                      (‘‘Stapimex’’), aka Stapmex.
                                                    Tan Phong Phu Seafoods Co., Ltd .............................................................................................................                           25.76       AR11 Final Results.
                                                    Thong Thuan Company Limited, aka T&T Co., Ltd ....................................................................................                                       4.78       AR10 Final Results.
                                                    UTXI Aquatic Products Processing Corporation, aka UT XI Aquatic Products Processing Corporation,                                                                         4.78       AR11 Final Results.
                                                      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 Nam Hai Foodstuff and Export Company Ltd ...................................................                                                    4.78      AR10       Final   Results.
                                                    Vietnam Clean Seafood Corporation, aka Vina Cleanfood .........................................................................                                           4.78      AR10       Final   Results.
                                                    Viet Hai Seafood Co., Ltd., aka Vietnam Fish One Co., Ltd ......................................................................                                          4.78      AR11       Final   Results.
                                                    Viet I-Mei Frozen Foods Co., Ltd ................................................................................................................                         4.78      AR10       Final   Results



                                                      There have been no subsequent                                         examined companies that qualified for a                                 1.05 percent, as recalculated in the
                                                    administrative reviews completed for                                    separate rate and are subject to this                                   Remand Redetermination, applies for
                                                    the below-listed non-individually                                       litigation; thus, the cash deposit rate of                              these exporters.

                                                                                                                                                                                                                                                     Cash deposit
                                                                                                                                           Exporter                                                                                                  rate in effect
                                                                                                                                                                                                                                                       (percent)

                                                    Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka FAQUIMEX .................................................................                                                            1.05
                                                    Fine Foods Co., aka FFC ....................................................................................................................................................................                 1.05
                                                    Goldenquality Seafood Corporation ....................................................................................................................................................                       1.05
                                                    Tacvan Frozen Seafood Processing Export Company, aka Tacvan Seafoods Co ............................................................................                                                         1.05



                                                    Notification to Interested Parties                                      SUMMARY:    The South Atlantic Fishery                                  SAFMC–10; fax: (843) 769–4520; email:
                                                      This notice is issued and published in                                Management Council (Council) will                                       mike.errigo@safmc.net.
                                                    accordance with sections 516A(e)(1),                                    hold a meeting of its Scientific and                                    SUPPLEMENTARY INFORMATION:    This
                                                    751(a)(1), and 777(i)(1) of the Act.                                    Statistical Committee (SSC) to review                                   meeting is held to review the Research
                                                                                                                            the Research Track stock assessment                                     Track stock assessment development
                                                      Dated: August 15, 2017.                                               development procedure proposed by the
                                                    Gary Taverman,
                                                                                                                                                                                                    procedure proposed by NOAA
                                                                                                                            Southeast Fisheries Science Center                                      Fisheries’ Southeast Fisheries Science
                                                    Deputy Assistant Secretary for Antidumping                              (SEFSC). See SUPPLEMENTARY
                                                    and Countervailing Duty Operations
                                                                                                                                                                                                    Center. The SSC decided at their April
                                                                                                                            INFORMATION.
                                                    performing the non-exclusive functions and                                                                                                      25–27, 2017 meeting in Charleston, SC,
                                                    duties of the Assistant Secretary for                                   DATES:  The SSC meeting will be held via                                that the procedure for the Research
                                                    Enforcement and Compliance.                                             webinar on Tuesday, September 5, 2017,                                  Track was unclear and that they needed
                                                    [FR Doc. 2017–17630 Filed 8–18–17; 8:45 am]                             from 9 a.m. to 12 p.m.                                                  a document clearly laying out the
                                                    BILLING CODE 3510–DS–P                                                  ADDRESSES: The meeting will be held                                     process and approach of the Research
                                                                                                                            via webinar. The webinar is open to                                     Track before they could provide
                                                                                                                            members of the public. Those interested                                 detailed comments.
                                                    DEPARTMENT OF COMMERCE                                                  in participating should contact Mike                                      Items to be addressed during this
                                                                                                                            Errigo at the Council office (see FOR                                   meeting:
                                                    National Oceanic and Atmospheric                                        FURTHER INFORMATION CONTACT) to                                           1. Review the proposed Research
                                                    Administration                                                          request an invitation providing webinar                                 Track procedure and provide comments
                                                    RIN 0648–XF612                                                          access information. Please request                                      and recommendations as necessary.
                                                                                                                            webinar invitations at least 24 hours in
                                                                                                                                                                                                    Special Accommodations
                                                    Fisheries of the South Atlantic; South                                  advance of the webinar.
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                                                    Atlantic Fishery Management Council;                                      Council address: South Atlantic                                         The meeting is physically accessible
                                                    Public Meeting                                                          Fishery Management Council, 4055                                        to people with disabilities. Requests for
                                                                                                                            Faber Place Drive, Suite 201, N.                                        sign language interpretation or other
                                                    AGENCY:  National Marine Fisheries
                                                                                                                            Charleston, SC 29405.                                                   auxiliary aids should be directed to the
                                                    Service (NMFS), National Oceanic and
                                                                                                                            FOR FURTHER INFORMATION CONTACT:                                        Council office (see ADDRESSES) at least 5
                                                    Atmospheric Administration (NOAA),
                                                                                                                            Mike Errigo; 4055 Faber Place Drive,                                    business days prior to the meeting.
                                                    Commerce.
                                                                                                                            Suite 201, North Charleston, SC 29405;                                    Note: The times and sequence specified in
                                                    ACTION: Notice of a public meeting.
                                                                                                                            phone: (843) 571–4366 or toll free (866)                                this agenda are subject to change.



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Document Created: 2017-08-19 00:44:48
Document Modified: 2017-08-19 00:44:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable July 9, 2017.
ContactIrene 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:
FR Citation82 FR 39565 

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