82 FR 39760 - 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 161 (August 22, 2017)
International Trade Administration
Federal Register Volume 82, Issue 161 (August 22, 2017)
| Page Range | 39760-39762 | |
| FR Document | 2017-17629 |
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)] [Notices] [Pages 39760-39762] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17629] [[Page 39760]] ----------------------------------------------------------------------- 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 August 8, 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 eighth 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, 2012, through January 31, 2013. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review, and that the Department is amending the final results with respect to the labor surrogate value applied in the administrative review. DATES: Applicable August 18, 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 24, 2014, the Department published the AR8 Final Results, and on November 4, 2014, it published the AR8 Amended Final Results.\1\ In Tri Union I, the CIT granted our request for a voluntary remand on the issue of the labor surrogate value.\2\ In Remand I, the Department determined that wage rate data from the Bangladeshi Bureau of Statistics (BBS) were not aberrational and constituted the best available information for valuing labor.\3\ Subsequently, in the Remand II Opinion and Order, the CIT remanded this issue again to the Department.\4\ --------------------------------------------------------------------------- \1\ See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review, 2012- 2013, 79 FR 57047 (September 24, 2014) (AR8 Final Results), and Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review, 2012-2013, 79 FR 65377 (November 4, 2014) (AR8 Amended Final Results). \2\ See Tri Union Frozen Prods. Inc. v. United States, 163 F. Supp. 3d 1255, 1312-13 (CIT 2016) (Tri Union I). \3\ See Final Results of Redetermination Pursuant to Court Remand, dated September 1, 2016 (Remand I) at 5; available at: http://enforcement.trade.gov/remands/16-33.pdf. \4\ See Tri Union Frozen Products Inc., et.al., v. United States, Court No. 14-00249, Slip Op. 17-71 (June 13, 2017) (Remand II Opinion and Order) at 24-25. --------------------------------------------------------------------------- In light of the Court's Remand II Opinion and Order, we evaluated the record evidence and reconsidered our determination that the Bangladeshi data are the best available information. Consequently, we concluded that the BBS data are not the best available information on the record with which to value the respondents' labor. Instead, we determined to use Indian data on the record as a surrogate value for labor.\5\ --------------------------------------------------------------------------- \5\ See Final Results of Redetermination Pursuant to Court Remand, dated July 25, 2017 (Remand II) at 11-12; available at: http://enforcement.trade.gov/remands/17-71.pdf. See also the petitioner's submission re: ``Comments on Surrogate Country Selection,'' dated August 30, 2013, and the petitioner's submission re: ``Post-Prelim Evidentiary Submission Regarding Surrogate Country and Value Selection,'' dated April 28, 2014 at Exhibit 8. See also Memorandum to the File, re: ``Draft Remand II Redetermination--Draft Remand II Recalculations,'' dated July 5, 2017 (Draft Remand Recalculations). --------------------------------------------------------------------------- In the AR8 Final Results, we calculated a 9.75 percent weighted- average margin for Soc Trang Seafood Joint Stock Company, unchanged in AR8 Amended Final Results.\6\ Based on our change of the labor surrogate value in Remand II, we calculated a 10.48 percent weighted- average margin for Soc Trang Seafood Joint Stock Company.\7\ We intend to liquidate Soc Trang Seafood Joint Stock Company's enjoined entries of subject merchandise at the importer-specific assessment rates revised pursuant to Remand II and identified within the Draft Remand Recalculations. --------------------------------------------------------------------------- \6\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended Final Results, 79 FR at 65378. \7\ See Memorandum to the File, re: ``Draft Remand II Redetermination--Draft Remand II Recalculations,'' dated July 5, 2017 (Draft Remand Recalculations) at Attachment 3 and 4. --------------------------------------------------------------------------- Further, we adjusted the Minh Phu Group's final margin from 4.98 percent \8\ to 5.48 percent,\9\ for the sole purpose of recalculating the separate rate for the non-individually examined companies that received a separate rate and are parties to this litigation; however, there is no effect to the Minh Phu Group's final margin of 4.98 percent in the AR8 Final Results unchanged in AR8 Amended Final Results.\10\ The Department recalculated the separate rate resulting in a weighted- average dumping margin of 6.94 percent for the non-individually examined companies that qualified for a separate rate and are subject to this litigation.\11\ We intend to liquidate these companies' enjoined entries of subject merchandise at this revised rate of 6.94 percent at the completion of this litigation. --------------------------------------------------------------------------- \8\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended Final Results, 79 FR at 65378. \9\ See Draft Remand Recalculations at Attachments 1 and 2. \10\ Since the issuance of the AR8 Final Results, the Department has revoked the antidumping duty order with respect to the Minh Phu Group. 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. 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). \11\ Id., at 3-7, where we provided the separate rate methodology and recalculation and the list of the separate rate companies that are subject to this litigation. --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\12\ as clarified by Diamond Sawblades,\13\ 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. --------------------------------------------------------------------------- \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \13\ 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 II 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 AR8 Amended Final Results. Based on Remand II, as affirmed by the Court on August 8, 2017, the revised weighted-average dumping margin for Soc Trang Seafood Joint Stock Company for the period February 1, 2012, through January 31, 2013, is 10.48 percent. The margin for the non-individually examined respondents that received a separate rate in the AR8 Final Results and are subject to this litigation is 6.94 percent. In the event that the CIT's ruling is not appealed or, if appealed, is upheld [[Page 39761]] 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 re-calculated in Remand II for Soc Trang Seafood Joint Stock Company and the above-noted 6.94 percent recalculated separate rate for the non-individually examined respondents that received a separate rate in the AR8 Final Results and are subject to this litigation. Cash Deposit Requirements Mandatory Respondent Because there have been subsequent administrative reviews for Soc Trang Seafood Joint Stock Company, the cash deposit rate for Soc Trang Seafood Joint Stock Company will remain the rate established in the most recently-completed administrative review in which it received a cash deposit rate of 4.78 percent.\14\ --------------------------------------------------------------------------- \14\ See 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). Soc Trang Seafood Joint Stock Company was granted the following ``also-known-as'' (aka) or ``doing-business-as'' (dba) names in AR8 Final Results (which were included in the injunction enjoining liquidation of suspended entries): Soc Trang Seafood Joint 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. However, many of these names were not granted separate rate status in AR10 Final Results. Thus, for liquidation purposes, we will continue to use Soc Trang Seafood 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. \15\ 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 in subsequent reviews are valid for cash deposit purposes. \16\ 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). --------------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- Cash deposit Exporter \15\ rate in effect Federal Register notice (%) ---------------------------------------------------------------------------------------------------------------- Camau Frozen Seafood Processing Import Export 4.78 AR10 Final Results. 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. Cafatex Fishery Joint Stock Corporation, aka 4.78 AR11 Final Results.\16\ Cafatex Corporation, aka Cafatex Corp., aka Cafatex, aka Taydo Seafood Enterprise, aka Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho. C.P. Vietnam Corporation, aka C.P. Vietnam 25.76 AR11 Final Results. Livestock Corporation, aka C.P. Vietnam Livestock Company Limited, aka C.P. Vietnam. Camau Seafood Processing and Service Joint- 4.78 AR10 Final Results. Stock Corporation. Cadovimex Seafood Import-Export and Processing 4.78 AR11 Final Results. Joint Stock Company, aka Cai Doi Vam Seafood Import-Export Company, aka Caidoivam Seafood Company, aka Cadovimex-Vietnam, aka Cadovimex. Can Tho Import Export Fishery Limited Company, 4.78 AR10 Final Results. aka CAFISH. Coastal Fisheries Development Corporation, aka 25.76 AR11 Final Results. COFIDEC, aka Coastal Fisheries Development Corp., aka Coastal Fisheries Development Co., aka Coastal Fisheries Development. Cuu Long Seaproducts Company, aka Cuu Long 4.78 AR10 Final Results. Seaproducts Limited, aka Cuulong Seapro, aka Cuu Long Seapro. Danang Seaproducts Import Export Corporation, 25.76 AR11 Final Results. aka Danang Sea Products Import Export Corporation, aka Tho Quang Seafood Processing & Export Company, aka Tho Quang Seafood Processing and Export Company, aka Tho Quang, aka Tho Quang Co., aka Seaprodex Danang. Gallant Ocean (Vietnam) Co., Ltd.............. 4.78 AR11 Final Results. Hai Viet Corporation.......................... 4.78 AR10 Final Results. Investment Commerce Fisheries Corporation, aka 4.78 AR11 Final Results. Investment Commerce Fisheries Corp., aka Investment 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 Hai Export Frozen Seafood Processing 4.78 AR10 Final Results. Joint-Stock Company, aka Minh Hai Jostoco. Minh Hai Joint-Stock Seafoods Processing 4.78 AR10 Final Results. 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 Export Company, 4.78 AR10 Final Results. aka Ca Mau Seafood Joint Stock Company, aka Seaprimexco Vietnam, aka Seaprimexco, aka Minh Hai Seaproducts Co Ltd. Nha Trang Fisheries Joint Stock Company, aka 4.78 AR11 Final Results. Nha Trang Fisco aka Nhatrang Fisheries Joint Stock Company, aka Nhatrang Fisco, aka Nha Trang Fisheries, Joint Stock. Nha Trang Seafoods: Nha Trang Seaproducts 4.78 AR10 Final Results. Company, aka Nha Trang Seafoods, aka NT Seafoods Corporation, aka NT Seafoods, aka Nha Trang Seafoods-F.89 Joint Stock Company, aka Nha Trang Seafoods-F.89, aka NTSF Seafoods Joint Stock Company, aka NTSF Seafoods. Phu Cuong Jostoco Seafood Corporation, aka Phu 25.76 AR11 Final Results. Cuong Seafood Processing and Import-Export Co., Ltd., aka Phu Cuong Seafood Processing and Import Export Company Limited, aka Phu Cuong Jostoco Seafood Corp. Phuong Nam Foodstuff Corp., aka Phuong Nam 4.78 AR11 Final Results. Co., Ltd. Quoc Viet Seaproducts Processing Trading and 4.78 AR10 Final Results. Import-Export Co., Ltd. [[Page 39762]] Sao Ta Foods Joint Stock Company, aka Fimex 4.78 AR10 Final Results. VN, aka Sao Ta Seafood Factory, aka Saota Seafood Factory. Thong Thuan Company Limited, aka Cong Ty Tnhh 4.78 AR10 Final Results. Thong Thuan. Thuan Phuoc Seafoods and Trading Corporation, 4.78 AR10 Final Results. 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. UTXI Aquatic Products Processing Corporation, 4.78 AR11 Final Results. 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 Nam Hai Foodstuff 4.78 AR10 Final Results. and Export Company Ltd. Vietnam Clean Seafood Corporation, aka Vina 4.78 AR10 Final Results. Cleanfood. Viet Hai Seafood Co., Ltd., aka Vietnam Fish 4.78 AR11 Final Results. One Co., Ltd., aka Fish One. Viet I-Mei Frozen Foods Co., Ltd.............. 4.78 AR10 Final Results. ---------------------------------------------------------------------------------------------------------------- There have been no subsequent administrative reviews completed for the below-listed non-individually examined company that qualified for a separate rate and is subject to this litigation; thus, the cash deposit rate of 6.94 percent, as recalculated in Remand II, applies for this exporter. ------------------------------------------------------------------------ Cash deposit Exporter rate in effect (%) ------------------------------------------------------------------------ BIM Seafood Joint Stock Company......................... 6.94 ------------------------------------------------------------------------ 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. 2017-17629 Filed 8-21-17; 8:45 am] BILLING CODE 3510-DS-P
![39760 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices
DEPARTMENT OF COMMERCE the best available information for Amended Final Results.10 The
valuing labor.3 Subsequently, in the Department recalculated the separate
International Trade Administration Remand II Opinion and Order, the CIT rate resulting in a weighted-average
[A–552–802] remanded this issue again to the dumping margin of 6.94 percent for the
Department.4 non-individually examined companies
Certain Frozen Warmwater Shrimp In light of the Court’s Remand II that qualified for a separate rate and are
From the Socialist Republic of Opinion and Order, we evaluated the subject to this litigation.11 We intend to
Vietnam: Notice of Court Decision Not record evidence and reconsidered our liquidate these companies’ enjoined
in Harmony With Final Results of determination that the Bangladeshi data entries of subject merchandise at this
Administrative Review and Notice of are the best available information. revised rate of 6.94 percent at the
Amended Final Results Consequently, we concluded that the completion of this litigation.
BBS data are not the best available Timken Notice
AGENCY: Enforcement and Compliance, information on the record with which to
International Trade Administration, value the respondents’ labor. Instead, In its decision in Timken,12 as
Department of Commerce. we determined to use Indian data on the clarified by Diamond Sawblades,13 the
SUMMARY: On August 8, 2017, the Court record as a surrogate value for labor.5 Federal Circuit held that, pursuant to
of International Trade (CIT) issued its section 516A(e) of the Tariff Act of
In the AR8 Final Results, we
final judgment, sustaining the 1930, as amended (the Act), the
calculated a 9.75 percent weighted-
Department of Commerce’s (the Department must publish a notice of a
average margin for Soc Trang Seafood court decision that is not ‘‘in harmony’’
Department’s) remand results pertaining Joint Stock Company, unchanged in
to the eighth administrative review of with a Department determination and
AR8 Amended Final Results.6 Based on must suspend liquidation of entries
the antidumping duty order on certain our change of the labor surrogate value
frozen warmwater shrimp from the pending a ‘‘conclusive’’ court decision.
in Remand II, we calculated a 10.48 This notice is published in fulfillment
Socialist Republic of Vietnam (Vietnam) percent weighted-average margin for
covering the period of review (POR) of of the publication requirement of
Soc Trang Seafood Joint Stock Timken. Accordingly, the Department
February 1, 2012, through January 31, Company.7 We intend to liquidate Soc
2013. The Department is notifying the will continue the suspension of
Trang Seafood Joint Stock Company’s liquidation of the subject merchandise
public that the final judgment in this enjoined entries of subject merchandise
case is not in harmony with the final at issue in the Remand II pending
at the importer-specific assessment rates expiration of the period to appeal or, if
results of the administrative review, and revised pursuant to Remand II and
that the Department is amending the appealed, a final and conclusive court
identified within the Draft Remand decision.
final results with respect to the labor Recalculations.
surrogate value applied in the Further, we adjusted the Minh Phu Amended Final Results
administrative review. Group’s final margin from 4.98 percent 8 Because there is now a final court
DATES: Applicable August 18, 2017. to 5.48 percent,9 for the sole purpose of decision, the Department is amending
FOR FURTHER INFORMATION CONTACT: recalculating the separate rate for the the AR8 Amended Final Results. Based
Irene Gorelik, AD/CVD Operations non-individually examined companies on Remand II, as affirmed by the Court
Office VIII, Enforcement and that received a separate rate and are on August 8, 2017, the revised
Compliance, International Trade parties to this litigation; however, there weighted-average dumping margin for
Administration, U.S. Department of is no effect to the Minh Phu Group’s Soc Trang Seafood Joint Stock Company
Commerce, 1401 Constitution Avenue final margin of 4.98 percent in the AR8 for the period February 1, 2012, through
NW., Washington, DC 20230; telephone: Final Results unchanged in AR8 January 31, 2013, is 10.48 percent. The
(202) 482–6905. margin for the non-individually
SUPPLEMENTARY INFORMATION: 3 See Final Results of Redetermination Pursuant examined respondents that received a
to Court Remand, dated September 1, 2016 separate rate in the AR8 Final Results
Background (Remand I) at 5; available at: http:// and are subject to this litigation is 6.94
enforcement.trade.gov/remands/16-33.pdf.
On September 24, 2014, the 4 See Tri Union Frozen Products Inc., et.al., v.
percent.
Department published the AR8 Final United States, Court No. 14–00249, Slip Op. 17–71 In the event that the CIT’s ruling is
Results, and on November 4, 2014, it (June 13, 2017) (Remand II Opinion and Order) at not appealed or, if appealed, is upheld
published the AR8 Amended Final 24–25.
5 See Final Results of Redetermination Pursuant 10 Since the issuance of the AR8 Final Results, the
Results.1 In Tri Union I, the CIT granted to Court Remand, dated July 25, 2017 (Remand II) Department has revoked the antidumping duty
our request for a voluntary remand on at 11–12; available at: http://enforcement.trade.gov/ order with respect to the Minh Phu Group.
the issue of the labor surrogate value.2 remands/17-71.pdf. See also the petitioner’s Moreover, the Minh Phu Group is not subject to this
In Remand I, the Department submission re: ‘‘Comments on Surrogate Country litigation, the original injunction enjoining the
Selection,’’ dated August 30, 2013, and the lifting of suspension has been lifted, and the
determined that wage rate data from the petitioner’s submission re: ‘‘Post-Prelim Evidentiary suspended entries have been liquidated. See
Bangladeshi Bureau of Statistics (BBS) Submission Regarding Surrogate Country and Value Certain Frozen Warmwater Shrimp from the
were not aberrational and constituted Selection,’’ dated April 28, 2014 at Exhibit 8. See Socialist Republic of Vietnam: Notice of
also Memorandum to the File, re: ‘‘Draft Remand II Implementation of Determination Under Section
1 See Certain Frozen Warmwater Shrimp from the Redetermination—Draft Remand II Recalculations,’’ 129 of the Uruguay Round Agreements Act and
Socialist Republic of Vietnam: Final Results of dated July 5, 2017 (Draft Remand Recalculations). Partial Revocation of the Antidumping Duty Order,
6 See AR8 Final Results, 79 FR at 57049; see also 81 FR 47756, 47757–47758 (July 22, 2016).
Antidumping Duty Administrative Review, 2012–
sradovich on DSK3GMQ082PROD with NOTICES
2013, 79 FR 57047 (September 24, 2014) (AR8 Final AR8 Amended Final Results, 79 FR at 65378. 11 Id., at 3–7, where we provided the separate rate
7 See Memorandum to the File, re: ‘‘Draft Remand methodology and recalculation and the list of the
Results), and Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Amended II Redetermination—Draft Remand II separate rate companies that are subject to this
Final Results of Antidumping Duty Administrative Recalculations,’’ dated July 5, 2017 (Draft Remand litigation.
Review, 2012–2013, 79 FR 65377 (November 4, Recalculations) at Attachment 3 and 4. 12 See Timken Co. v. United States, 893 F.2d 337,
2014) (AR8 Amended Final Results). 8 See AR8 Final Results, 79 FR at 57049; see also 341 (Fed. Cir. 1990) (Timken).
2 See Tri Union Frozen Prods. Inc. v. United AR8 Amended Final Results, 79 FR at 65378. 13 See Diamond Sawblades Mfrs. Coalition v.
States, 163 F. Supp. 3d 1255, 1312–13 (CIT 2016) 9 See Draft Remand Recalculations at United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Tri Union I). Attachments 1 and 2. (Diamond Sawblades).
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![39762 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices
Cash deposit
Exporter 15 rate in effect Federal Register notice
(%)
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota 4.78 AR10 Final Results.
Seafood Factory.
Thong Thuan Company Limited, aka Cong Ty Tnhh Thong Thuan .................................................. 4.78 AR10 Final Results.
Thuan Phuoc Seafoods and Trading Corporation, aka Thuan Phuoc Corp., aka Frozen Seafoods 4.78 AR10 Final Results.
Factory No. 32, aka Seafoods and Foodstuff Factory, aka Seafoods and Foodstuff Factory
Vietnam, aka My Son Seafoods Factory.
UTXI Aquatic Products Processing Corporation, aka UT XI Aquatic Products Processing Corpora- 4.78 AR11 Final Results.
tion, 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., aka Fish One .................................... 4.78 AR11 Final Results.
Viet I-Mei Frozen Foods Co., Ltd ....................................................................................................... 4.78 AR10 Final Results.
There have been no subsequent SUMMARY: NMFS is publishing its draft Instructions: Comments sent by any
administrative reviews completed for List of Foreign Fisheries (LOFF) for other method, to any other address or
the below-listed non-individually 2017, as required by the regulations individual, or received after the end of
examined company that qualified for a implementing the Fish and Fish Product the comment period, may not be
separate rate and is subject to this Import Provisions of the Marine considered. All comments received are
litigation; thus, the cash deposit rate of Mammal Protection Act (MMPA). The a part of the public record and will
6.94 percent, as recalculated in Remand draft LOFF reflects available generally be posted for public viewing
II, applies for this exporter. information on marine mammal on www.regulations.gov without change.
interactions in commercial fisheries All personal identifying information
Cash deposit exporting fish and fish products to the (e.g., name, address, etc.), confidential
Exporter rate in effect United States. NMFS has classified each business information, or otherwise
(%)
commercial fishery included in the draft sensitive information submitted
BIM Seafood Joint Stock LOFF into one of two categories based voluntarily by the sender will be
Company ........................... 6.94 upon frequency and likelihood of publicly accessible. NMFS will accept
incidental mortality and serious injury anonymous comments (enter ‘‘N/A’’ in
Notification to Interested Parties of marine mammals that is likely to the required fields if you wish to remain
occur incidental to each fishery. anonymous). Attachments to electronic
This notice is issued and published in Fisheries are classified as either exempt comments will be accepted in Microsoft
accordance with sections 516A(e)(1), or export. The classification of a fishery Word, Excel, or Adobe portable
751(a)(1), and 777(i)(1) of the Act. on the draft and final LOFF will document file (PDF) formats only.
Dated: August 15, 2017. determine which regulatory NMFS will consider all comments
Gary Taverman, requirements will be applicable to that and information received during the
Deputy Assistant Secretary for Antidumping fishery to enable the nation to receive a comment period in preparing a final
and Countervailing Duty Operations, comparability finding necessary to LOFF. NMFS will also seek input from
Performing the Non-exclusive Functions and export fish and fish products to the nations on the draft LOFF at bilateral
Duties of the Assistant Secretary for United States from that particular and multilateral meetings, as
Enforcement and Compliance. fishery. The draft LOFF can be found at appropriate.
[FR Doc. 2017–17629 Filed 8–21–17; 8:45 am] www.nmfs.noaa.gov/ia/species/marine_
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–DS–P mammals/mmpaloff.html.
Nina Young, NMFS F/IASI at
DATES: Written comments must be
Nina.Young@noaa.gov or 301–427–
received by 5 p.m. Eastern Time on
DEPARTMENT OF COMMERCE 8383.
October 23, 2017.
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: In August
National Oceanic and Atmospheric on this document, identified by NOAA– 2016, NMFS published a final rule (81
Administration NMFS–2017–0084, by either of the FR 54390; August 15, 2016)
[Docket No. 170706630–7630–01] following methods: implementing the fish and fish product
1. Electronic Submissions: Submit all import provisions (section 101(a)(2)) of
RIN 0648–XF538 electronic comments via the Federal e- the Marine Mammal Protection Act
Rulemaking Portal. Go to (MMPA). This rule established
Fish and Fish Product Import conditions for evaluating a harvesting
www.regulations.gov/
Provisions of the Marine Mammal nation’s regulatory programs to address
#!docketDetail;D=NOAA-NMFS-2017-
Protection Act List of Foreign incidental and intentional mortality and
0084, click the ‘‘Comment Now!’’ icon,
Fisheries
sradovich on DSK3GMQ082PROD with NOTICES
complete the required fields and enter serious injury of marine mammals in
AGENCY: National Marine Fisheries or attach your comments. fisheries operated by nations that export
Service (NMFS), National Oceanic and 2. Mail: Submit written comments to: fish and fish products to the United
Atmospheric Administration (NOAA), Director, Office of International Affairs States.
Commerce. and Seafood Inspection, Attn: MMPA Under this rule, fish or fish products
ACTION: Notice of availability; request
List of Foreign Fisheries, NMFS, F/IASI, cannot be imported into the United
for comments. 1315 East-West Highway, Silver Spring, States from commercial fishing
MD 20910. operations, which result in the
VerDate Sep<11>2014 18:00 Aug 21, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1](https://thefederalregister.org/doc/82_FR_39921/page/3.svg)
Document Created: 2018-10-24 11:54:57
Document Modified: 2018-10-24 11:54:57
| 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 | Applicable August 18, 2017. | |
| 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 | 82 FR 39760 |
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