82_FR_8742 82 FR 8724 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the Second Five-Year Sunset Review of the Antidumping Duty Order

82 FR 8724 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the Second Five-Year Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 18 (January 30, 2017)

Page Range8724-8725
FR Document2017-01952

On September 15, 2016, the Department of Commerce (Department) issued the preliminary results of the second full five-year (sunset) review of the antidumping duty (AD) order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam). As a result of our analysis, the Department finds that revocation of the AD order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Sunset Review'' section of this notice.

Federal Register, Volume 82 Issue 18 (Monday, January 30, 2017)
[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8724-8725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01952]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


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

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

SUMMARY: On September 15, 2016, the Department of Commerce (Department) 
issued the preliminary results of the second full five-year (sunset) 
review of the antidumping duty (AD) order on certain frozen warmwater 
shrimp from the Socialist Republic of Vietnam (Vietnam). As a result of 
our analysis, the Department finds that revocation of the AD order 
would be likely to lead to

[[Page 8725]]

continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Effective January 30, 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, 2016, the Department published the Preliminary 
Results,\1\ finding that dumping was likely to continue or recur if the 
AD Order \2\ were revoked, and determined to the report to the 
International Trade Commission (ITC) rates up to 25.76 percent as the 
margins of dumping likely to prevail.\3\ We invited interested parties 
to comment on the Preliminary Results. We received a case brief from 
the Vietnamese Association of Seafood Exporters and Producers (VASEP), 
representing the respondent interested parties on October 17, 2016, and 
rebuttal briefs from the domestic interested parties, Ad Hoc Shrimp 
Trade Action Committee (petitioner) and the American Shrimp Processors 
Association (ASPA), on October 24, 2016.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Preliminary Results of the Second Five-Year 
Sunset Review of the Antidumping Duty Order, 81 FR 63469 (September 
15, 2016) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum.
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (AD Order).
    \3\ See Sunset Prelim, 81 FR at 63470.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Issues and 
Decision Memorandum, remains dispositive.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the Scope of the Order, see 
Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, re: ``Issues and Decision Memorandum for the Final 
Results of the Second Sunset Review of the Antidumping Duty Order on 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

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

Final Results of Sunset Review

    We determine that revocation of the AD Order on certain frozen 
warmwater shrimp from Vietnam would be likely to lead to continuation 
or recurrence of dumping at weighted average margins up to 25.76 
percent.

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing the final results of this full sunset 
review in accordance with sections 751(c)(5)(A), 752(c), and 777(i) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.218(f)(3).

    Dated: January 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Whether the Department Properly Considered Import Volumes 
and Dumping Margins in Its ``Likelihood'' Determination
Comment 2: Magnitude of the Margins Likely to Prevail
5. Recommendation

[FR Doc. 2017-01952 Filed 1-27-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  8724                           Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices

                                                  SUMMARY:   As a result of this sunset                     materials, such as paint or ink, to the               enforcement.trade.gov/frn/. The signed
                                                  review, the Department of Commerce                        fabric. Artist canvases (i.e., pre-                   Issues and Decision Memorandum and
                                                  (‘‘Department’’) finds that revocation of                 stretched canvases, canvas panels,                    the electronic version of the Issues and
                                                  the antidumping duty (‘‘AD’’) order on                    canvas pads, canvas rolls (including                  Decision Memorandum are identical in
                                                  certain artist canvas from the People’s                   bulk rolls that have been primed),                    content.
                                                  Republic of China would be likely to                      printable canvases, floor cloths, and
                                                                                                            placemats) are tightly woven prepared                 Final Results of Sunset Review
                                                  lead to the continuation or recurrence of
                                                  dumping at the dumping margins                            painting and/or printing surfaces. Artist               Pursuant to section 751(c) of the Act,
                                                  identified in the ‘‘Final Results of                      canvas and stretcher strips (whether or               the Department determines that
                                                  Review’’ section of this notice.                          not made of wood and whether or not                   revocation of the Order on certain artist
                                                  DATES: Effective March 1, 2017.                           assembled) included within a kit or set               canvas would likely lead to
                                                                                                            are covered by the order.                             continuation or recurrence of dumping
                                                  FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                               Artist canvases subject to the order               and that the magnitude of the margins
                                                  Stolz; AD/CVD Operations, Office III,                     are currently classifiable under                      of dumping likely to prevail is up to
                                                  Enforcement and Compliance,                               subheadings 5901.90.20.00,                            264.09 percent.
                                                  International Trade Administration,                       5901.90.40.00, 5903.90.2500,
                                                  U.S. Department of Commerce, 1401                         5903.90.2000, 5903.90.1000,                           Notification Regarding Administrative
                                                  Constitution Avenue NW., Washington,                      5907.00.8090, 5907.00.8010, and                       Protective Order
                                                  DC 20230; telephone: 202–482–4474.                        5907.00.6000 of the Harmonized Tariff                   This notice also serves as the only
                                                  SUPPLEMENTARY INFORMATION:                                Schedule of the United States                         reminder to parties subject to
                                                  Background                                                (‘‘HTSUS’’). Specifically excluded from               administrative protective order (‘‘APO’’)
                                                                                                            the scope of the order are tracing cloths,            of their responsibility concerning the
                                                     On October 3, 2016, the Department                     ‘‘paint-by-number’’ or ‘‘paint-it-                    return or destruction of proprietary
                                                  published the notice of initiation of the                 yourself’’ artist canvases with a                     information disclosed under APO in
                                                  second sunset review of the AD Order 1                    copyrighted preprinted outline, pattern,              accordance with 19 CFR 351.305.
                                                  on certain artist canvas from the                         or design, whether or not included in a               Timely notification of the return or
                                                  People’s Republic of China (‘‘PRC’’)                      painting set or kit.3 Also excluded are               destruction of APO materials or
                                                  pursuant to section 751(c) of the Tariff                  stretcher strips, whether or not made                 conversion to judicial protective order is
                                                  Act of 1930, as amended (‘‘the Act’’). On                 from wood, so long as they are not                    hereby requested. Failure to comply
                                                  October 17, 2016, Tara Materials, Inc.,                   incorporated into artist canvases or sold             with the regulations and terms of an
                                                  (‘‘Tara Materials’’),2 BF Inkjet Digital                  as part of an artist canvas kit or set.               APO is a violation which is subject to
                                                  Inc., IJ Technologies, Inc. and Permalite                 While the HTSUS subheadings are                       sanction.
                                                  Inc. (‘‘Domestic Interested Parties’’),                   provided for convenience and customs                    We are issuing and publishing these
                                                  notified the Department that they                         purposes, our written description of the              results and notice in accordance with
                                                  intended to participate in the sunset                     scope of the order is dispositive.                    sections 751(c), 752, and 777(i)(1) of the
                                                  review. On November 2, 2016, the                                                                                Act.
                                                  Domestic Interested Parties submitted a                   Analysis of Comments Received
                                                  substantive response. The Department                         A complete discussion of all issues                  Dated: January 24, 2017.
                                                  did not receive a substantive response                    raised in this sunset review is addressed             Ronald K. Lorentzen,
                                                  from any respondent party. Based on the                   in the accompanying Issues and                        Acting Assistant Secretary for Enforcement
                                                  notice of intent to participate and                       Decision Memorandum, which is hereby                  and Compliance.
                                                  adequate response filed by the Domestic                   adopted by this notice.4 The issues                   [FR Doc. 2017–01951 Filed 1–27–17; 8:45 am]
                                                  Interested Parties, and the lack of                       discussed in the accompanying I&D                     BILLING CODE 3510–DS–P
                                                  response from any respondent                              Memo include the likelihood of
                                                  interested party, the Department                          continuation or recurrence of dumping
                                                  conducted an expedited sunset review                      and the magnitude of the dumping                      DEPARTMENT OF COMMERCE
                                                  of the Order pursuant to section                          margin likely to prevail if the Order is
                                                                                                            revoked. The I&D Memo is a public                     International Trade Administration
                                                  751(c)(3)(B) of the Act and 19 CFR
                                                  351.218(e)(1)(ii)(C)(2).                                  document and is on file electronically                [A–552–802]
                                                                                                            via Enforcement and Compliance’s
                                                  Scope of the Order                                        Antidumping and Countervailing Duty                   Certain Frozen Warmwater Shrimp
                                                    The products covered by the order are                   Centralized Electronic Service System                 From the Socialist Republic of
                                                  artist canvases regardless of dimension                   (‘‘ACCESS’’). ACCESS is available to                  Vietnam: Final Results of the Second
                                                  and/or size, whether assembled or                         registered users at https://                          Five-Year Sunset Review of the
                                                  unassembled, that have been primed/                       access.trade.gov and to all parties in the            Antidumping Duty Order
                                                  coated, whether or not made from                          Central Records Unit, room B8024 of the
                                                  cotton, whether or not archival, whether                  main Department of Commerce                           AGENCY:   Enforcement and Compliance,
                                                  bleached or unbleached, and whether or                    building. In addition, a complete                     International Trade Administration,
                                                  not containing an ink receptive top coat.                 version of the Issues and Decision                    Department of Commerce.
                                                  Priming/coating includes the                              Memorandum can be accessed at http://                 SUMMARY: On September 15, 2016, the
                                                  application of a solution, designed to                                                                          Department of Commerce (Department)
                                                                                                               3 Artist canvases with a non-copyrighted
                                                                                                                                                                  issued the preliminary results of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  promote the adherence of artist
                                                                                                            preprinted outline, pattern, or design are included   second full five-year (sunset) review of
                                                                                                            in the scope, whether or not included in a painting
                                                    1 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
                                                                                                            set or kit.                                           the antidumping duty (AD) order on
                                                  FR 67967 (October 3, 2016) (‘‘Sunset Initiation’’);          4 See the Department’s memorandum entitled,        certain frozen warmwater shrimp from
                                                  see also Notice of Antidumping Duty Order: Certain        ‘‘Issues and Decision Memorandum for the Final        the Socialist Republic of Vietnam
                                                  Artist Canvas from the People’s Republic of China,        Results of the Expedited Second Sunset Review of
                                                  71 FR 31154 (June 1, 2006) (‘‘Order’’).                   the Antidumping Duty Order on Certain Artist
                                                                                                                                                                  (Vietnam). As a result of our analysis,
                                                    2 Tara Materials was the Petitioner in the              Canvas from the People’s Republic of China,’’ dated   the Department finds that revocation of
                                                  underlying investigation.                                 concurrently with this notice (‘‘I&D Memo’’).         the AD order would be likely to lead to


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                                                                                Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices                                                   8725

                                                  continuation or recurrence of dumping                   Analysis of Comments Received                            Dated: January 24, 2017.
                                                  at the levels indicated in the ‘‘Final                     All issues raised for the final results             Ronald K. Lorentzen,
                                                  Results of Sunset Review’’ section of                   of this sunset review are addressed in                 Acting Assistant Secretary for Enforcement
                                                  this notice.                                            the Issues and Decision Memorandum,                    and Compliance.
                                                  DATES: Effective January 30, 2017.                      dated concurrently with this final                     Appendix I—List of Topics Discussed in
                                                  FOR FURTHER INFORMATION CONTACT:                        notice, which is hereby adopted by this                the Issues and Decision Memorandum
                                                  Irene Gorelik, AD/CVD Operations,                       notice. The issues discussed in the
                                                  Office VIII, Enforcement and                                                                                   1. Summary
                                                                                                          Issues and Decision Memorandum                         2. Background
                                                  Compliance, International Trade                         include the likelihood of the                          3. Scope of the Order
                                                  Administration, U.S. Department of                      continuation or recurrence of dumping                  4. Discussion of the Issues
                                                  Commerce, 1401 Constitution Avenue                      and the magnitude of the margins of                    Comment 1: Whether the Department
                                                  NW., Washington, DC, 20230;                             dumping likely to prevail. The Issues                       Properly Considered Import Volumes
                                                  telephone: 202–482–6905.                                and Decision Memorandum is a public                         and Dumping Margins in Its
                                                  SUPPLEMENTARY INFORMATION:                              document and is on file electronically                      ‘‘Likelihood’’ Determination
                                                                                                          via Enforcement and Compliance’s                       Comment 2: Magnitude of the Margins Likely
                                                  Background                                                                                                          to Prevail
                                                                                                          Antidumping and Countervailing Duty
                                                     On September 15, 2016, the                                                                                  5. Recommendation
                                                                                                          Centralized Electronic Service System
                                                  Department published the Preliminary                    (ACCESS). ACCESS is available to                       [FR Doc. 2017–01952 Filed 1–27–17; 8:45 am]
                                                  Results,1 finding that dumping was                      registered users at http://                            BILLING CODE 3510–DS–P
                                                  likely to continue or recur if the AD                   access.trade.gov and in the Central
                                                  Order 2 were revoked, and determined                    Records Unit, room B8024 of the main
                                                  to the report to the International Trade                Department of Commerce building. In                    DEPARTMENT OF COMMERCE
                                                  Commission (ITC) rates up to 25.76                      addition, a complete version of the
                                                  percent as the margins of dumping                                                                              National Oceanic and Atmospheric
                                                                                                          Issues and Decision Memorandum can
                                                  likely to prevail.3 We invited interested                                                                      Administration
                                                                                                          be accessed directly on the internet at
                                                  parties to comment on the Preliminary                   http://enforcement.trade.gov/frn/. The
                                                  Results. We received a case brief from                                                                         Notice of Renewal of the Marine
                                                                                                          signed and electronic versions of the                  Protected Areas Federal Advisory
                                                  the Vietnamese Association of Seafood                   Issues and Decision Memorandum are
                                                  Exporters and Producers (VASEP),                                                                               Committee
                                                                                                          identical in content.
                                                  representing the respondent interested                                                                         AGENCY:  Office of National Marine
                                                  parties on October 17, 2016, and                        Final Results of Sunset Review                         Sanctuaries (ONMS), National Ocean
                                                  rebuttal briefs from the domestic                         We determine that revocation of the                  Service (NOS), National Oceanic and
                                                  interested parties, Ad Hoc Shrimp Trade                 AD Order on certain frozen warmwater                   Atmospheric Administration (NOAA),
                                                  Action Committee (petitioner) and the                   shrimp from Vietnam would be likely to                 Department of Commerce (DOC).
                                                  American Shrimp Processors                              lead to continuation or recurrence of                  ACTION: Notice of renewal of the Marine
                                                  Association (ASPA), on October 24,                      dumping at weighted average margins                    Protected Areas Federal Advisory
                                                  2016.                                                   up to 25.76 percent.                                   Committee.
                                                  Scope of the Order                                      Notification to Interested Parties                     SUMMARY:   In accordance with the
                                                     The merchandise subject to the order                    This notice also serves as the only                 provisions of the Federal Advisory
                                                  is certain frozen warmwater shrimp.                     reminder to parties subject to an                      Committee Act, 5 U.S.C. App 2, and the
                                                  The product is currently classified                     administrative protective order (APO) of               Federal Advisory Committee
                                                  under the following Harmonized Tariff                   their responsibility concerning the                    Management Final Rule, 41 CFR part
                                                  Schedule of the United States (HTSUS)                                                                          102–3, and after consultation with the
                                                                                                          return or destruction of proprietary
                                                  item numbers: 0306.17.00.03,                                                                                   General Services Administration (GSA),
                                                                                                          information disclosed under APO in
                                                  0306.17.00.06, 0306.17.00.09,
                                                                                                          accordance with 19 CFR 351.305.                        the Secretary of Commerce has
                                                  0306.17.00.12, 0306.17.00.15,
                                                                                                          Timely notification of the return or                   determined that the renewal of the
                                                  0306.17.00.18, 0306.17.00.21,
                                                                                                          destruction of APO materials or                        Marine Protected Areas Federal
                                                  0306.17.00.24, 0306.17.00.27,
                                                                                                          conversion to judicial protective order is             Advisory Committee (MPAFAC) is in
                                                  0306.17.00.40, 1605.21.10.30, and
                                                                                                          hereby requested. Failure to comply                    the public interest in connection with
                                                  1605.29.10.10. Although the HTSUS
                                                                                                          with the regulations and terms of an                   the performance of duties imposed on
                                                  numbers are provided for convenience
                                                                                                          APO is a violation which is subject to                 the Department by law. The
                                                  and for customs purposes, the written
                                                                                                          sanction.                                              Committee’s revised charter is available
                                                  product description, available in the                      We are issuing and publishing the                   at http://marineprotectedareas.
                                                  Issues and Decision Memorandum,                         final results of this full sunset review in            noaa.gov/fac/.
                                                  remains dispositive.4                                   accordance with sections 751(c)(5)(A),                 SUPPLEMENTARY INFORMATION: The
                                                    1 See Certain Frozen Warmwater Shrimp from the
                                                                                                          752(c), and 777(i) of the Tariff Act of                Committee was first established in 2003
                                                  Socialist Republic of Vietnam: Preliminary Results      1930, as amended, and 19 CFR                           to advise the Secretary of Commerce,
                                                  of the Second Five-Year Sunset Review of the            351.218(f)(3).                                         through the Under Secretary of
                                                  Antidumping Duty Order, 81 FR 63469 (September                                                                 Commerce for Oceans and Atmosphere,
                                                  15, 2016) (Preliminary Results) and accompanying        Acting Assistant Secretary for Enforcement and         and the Secretary of the Interior on
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Preliminary Decision Memorandum.                        Compliance, from Gary Taverman, Associate
                                                    2 See Notice of Amended Final Determination of
                                                                                                          Deputy Assistant Secretary for Antidumping and
                                                                                                                                                                 matters relating to the national system
                                                  Sales at Less Than Fair Value and Antidumping           Countervailing Duty Operations, re: ‘‘Issues and       of marine protected areas as set forth in
                                                  Duty Order: Certain Frozen Warmwater Shrimp             Decision Memorandum for the Final Results of the       Executive Order 13158, Section 4(c)
                                                  from the Socialist Republic of Vietnam, 70 FR 5152      Second Sunset Review of the Antidumping Duty
                                                  (February 1, 2005) (AD Order).
                                                                                                                                                                 (May 2000).
                                                                                                          Order on Certain Frozen Warmwater Shrimp from
                                                    3 See Sunset Prelim, 81 FR at 63470.
                                                                                                          the Socialist Republic of Vietnam,’’ dated
                                                                                                                                                                    The Committee will have a balanced
                                                    4 For a complete description of the Scope of the      concurrently with this notice (Issues and Decision     membership consisting of 20 non-
                                                  Order, see Memorandum to Ronald K. Lorentzen,           Memorandum).                                           Federal members serving in a


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Document Created: 2017-01-28 01:26:21
Document Modified: 2017-01-28 01:26:21
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
DatesEffective January 30, 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: 202-482-6905.
FR Citation82 FR 8724 

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