83_FR_10721 83 FR 10673 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 10673 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range10673-10676
FR Document2018-04901

The Department of Commerce (Commerce) preliminarily determines that certain frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the United States at less than normal value during the period of review (POR) February 1, 2016, through January 31, 2017.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10673-10676]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04901]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain frozen warmwater shrimp (shrimp) from the Socialist 
Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the 
United States at less than normal value during the period of review 
(POR) February 1, 2016, through January 31, 2017.

DATES: Applicable March 12, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the preliminary results of this review is now 
March 5, 2018.\1\
---------------------------------------------------------------------------

    \1\ See Memorandum for the Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Preliminary 
Decision Memorandum, remains dispositive.\2\
---------------------------------------------------------------------------

    \2\ For a complete description of the Scope of the Order, see 
Memorandum to Gary Taverman, Deputy Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Senior Director for 
Antidumping and Countervailing Duty Operations, titled ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam; 2016-2017,'' dated concurrently with, 
and adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the

[[Page 10674]]

Act). Export prices were calculated in accordance with section 772 of 
the Act. Because Vietnam is a non-market economy within the meaning of 
section 771(18) of the Act, NV was calculated in accordance with 
section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via the Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by a number of companies, we 
preliminarily determine that 11 companies \3\ under active review did 
not have any reviewable transactions during the POR. In addition, 
Commerce finds, consistent with its refinement to its assessment 
practice in non-market economy cases, that it is appropriate not to 
rescind the review in part in these circumstances, but to complete the 
review with respect to these 11 companies and issue appropriate 
instructions to CBP based on the final results of the review.\4\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \3\ These 11 companies are: (1) Au Vung One Seafood Processing 
Import & Export Joint Stock Company; (2) Bien Dong Seafood Co., 
Ltd.; (3) BIM Seafood Joint Stock Company; (4) Cafatex Corporation 
and its claimed aka names (a) Taydo Seafood Enterprise and (b) Xi 
Nghiep Che Bien Thuy Sue San Xuat Cantho; (5) Cam Ranh Seafoods; (6) 
Ngo Bros, also initiated as, Ngo Bros Seaproducts Import-Export One 
Member Company Limited, and NGO BROS Seaproducts Import- Export One 
Member Company Limited; (7) Quang Minh Seafood Co., Ltd., also 
initiated as Quang Minh Seafood Co LTD; (8) Tacvan Frozen Seafood 
Processing Export Company, also initiated as Tacvan Seafoods 
Company, Tacvan Seafoods Company (``TACVAN''), and Tacvan Seafoods 
Company (TACVAN); (9) Thong Thuan Seafood Company Limited; (10) 
Trong Nhan Seafood Company Limited, also initiated as Trong Nhan 
Seafood Co., Ltd. (``Trong Nhan''); and (11) Vinh Hoan Corp.
    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce finds that 30 companies for which a review was requested 
have not established eligibility for a separate rate and are considered 
to be part of the Vietnam-wide entity for these preliminary results.\5\ 
Commerce's change in policy regarding conditional review of the 
Vietnam-wide entity applies to this administrative review.\6\ Under 
this policy, the Vietnam-wide entity will not be under review unless a 
party specifically requests, or Commerce self-initiates, a review of 
the entity. Because no party requested a review of the Vietnam-wide 
entity, the entity is not under review and the entity's rate is not 
subject to change. For companies for which a review was requested and 
that have established eligibility for a separate rate, Commerce 
preliminarily determines that the following weighted-average dumping 
margins exist:
---------------------------------------------------------------------------

    \5\ See Appendix II for a full list of the 30 companies 
(accounting for duplicate names initiated upon); see also 
Preliminary Decision Memorandum, at 13.
    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).

------------------------------------------------------------------------
                                                           Weighted-
                      Exporter 7                        average  margin
                                                           (percent)
------------------------------------------------------------------------
Fimex VN.............................................              25.39
Au Vung Two Seafood Processing Import & Export Joint               25.39
 Stock Company, aka AU VUNG TWO SEAFOOD..............
Bac Lieu Fisheries Joint Stock Company...............              25.39
Bentre Forestry and Aquaproduct Import-Export Joint                25.39
 Stock Company, aka FAQUIMEX, aka Bentre Forestry and
 Aquaproduct Import-Export Joint Stock Company
 (FAQUIMEX)..........................................
C.P. Vietnam Corporation.............................              25.39
Cadovimex Seafood Import-Export and Processing Joint               25.39
 Stock Company.......................................
Camau Frozen Seafood Processing Import Export                      25.39
 Corporation, aka Camimex............................
Camau Seafood Processing and Service Joint Stock                   25.39
 Corporation, aka Camau Seafood Processing and
 Service Joint-Stock Corporation, aka CASES..........
Can Tho Import Export Fishery Limited Company, aka                 25.39
 CAFISH..............................................
Cuulong Seaproducts Company, aka Cuulong Seapro......              25.39
Fine Foods Co, aka Fine Foods Co (FFC)...............              25.39
Green Farms Seafood Joint Stock Company..............              25.39
Hai Viet Corporation, aka HAVICO.....................              25.39
Investment Commerce Fisheries Corporation............              25.39
Khanh Sung Company, Ltd..............................              25.39
Kim Anh Company Limited..............................              25.39
Minh Hai Export Frozen Seafood Processing Joint-Stock              25.39
 Company, aka Minh Hai Jostoco.......................
Sea Minh Hai, aka Seaprodex Minh Hai.................              25.39
Ngoc Tri Seafood Joint Stock Company.................              25.39
Nha Trang Seaproduct Company, aka NT Seafoods                      25.39
 Corporation, aka Nha Trang Seafoods--F89 Joint Stock
 Company, aka NTSF Seafoods Joint Stock Company......
Phuong Nam Foodstuff Corp............................              25.39
Seaprimexco Vietnam, aka Seaprimexco.................              25.39
Taika Seafood Corporation............................              25.39
Tan Phong Phu Seafood Co., Ltd.......................              25.39
Thanh Doan Sea Products Import & Export Processing                 25.39
 Joint-Stock Company, aka THADIMEXCO.................
Thong Thuan--Cam Ranh Seafood Joint Stock Company....              25.39

[[Page 10675]]

 
Thong Thuan Company Limited..........................              25.39
Thuan Phuoc Seafoods and Trading Corporation.........              25.39
Trung Son Seafood Processing Joint Stock Company, aka              25.39
 Trung Son Seafood Processing JSC....................
UTXI Aquatic Products Processing Corporation.........              25.39
Viet Foods Co., Ltd..................................              25.39
Vietnam Fish One Co., Ltd............................              25.39
Vietnam Clean Seafood Corporation, aka Vina                        25.39
 Cleanfood, aka Viet Nam Clean Seafood Corporation...
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose the calculations used in our analysis to 
parties in this review within five days of the date of publication of 
this notice. Commerce intends to verify the information upon which we 
will rely for the final results. As such, Commerce will establish the 
briefing schedule at a later time, and will notify parties of the 
schedule in accordance with 19 CFR 351.309. Parties who submit case 
briefs or rebuttal briefs are requested to submit with the argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\8\ Rebuttal briefs must be limited to 
issues raised in the case briefs.\9\
---------------------------------------------------------------------------

    \7\ Due to the issues Commerce had had in previous segments with 
variations of exporter names related to this Order, we remind 
exporters that the names listed in the rate box are the exact names, 
including spelling and punctuation which Commerce will provide to 
CBP and which CBP will use to assess POR entries and collect cash 
deposits. Any names with punctuation variations, such as all 
capitalizations, dashes, periods, or commas can be confirmed by 
Commerce in the event CBP inquires about such variations.
    \8\ See 19 CFR 351.309(c) and (d).
    \9\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a date and time to be 
determined.\10\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of issues raised in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register, unless this deadline extended.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\11\ Commerce intends to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., is 0.50 percent or more) in 
the final results of this review, Commerce will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1).\12\ We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate calculated in the final results of this review is above de 
minimis. Where either the respondent's weighted-average dumping margin 
is zero or de minimis, or an importer-specific assessment rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b).
    \12\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin assigned to Fimex VN in the final results of this review.\13\
---------------------------------------------------------------------------

    \13\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying Preliminary Decision 
Memorandum at 10-11; unchanged in Drawn Stainless Steel Sinks from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by Fimex VN during this review, Commerce will instruct CBP to 
liquidate such entries at the Vietnam-wide rate. In addition, if we 
continue to find no shipments for the companies identified in the 
``Preliminary Determination of No Shipments'' section above, Commerce 
will instruct CBP to liquidate any suspended entries of subject 
merchandise from those companies at the Vietnam-wide rate.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see NME AD 
Assessment.
---------------------------------------------------------------------------

    For the final results, if we continue to treat the 30 companies 
identified in Appendix II as part of the Vietnam-wide entity, we will 
instruct CBP to apply an ad valorem assessment rate of 25.76 percent to 
all entries of subject merchandise during the POR which were produced 
and/or exported by those companies.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the companies 
listed above, which have a separate rate, the cash deposit rate will be 
that established in the final results of this review (except, if the 
rate is zero or de minimis, then zero cash deposit will be required); 
(2) for previously investigated or reviewed Vietnam and non-Vietnam 
exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash

[[Page 10676]]

deposit rate will continue to be the existing exporter-specific rate; 
(3) for all Vietnam exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the existing rate for the Vietnam-wide entity of 25.76 percent; and (4) 
for all non-Vietnam exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Vietnam exporter that supplied that non-Vietnam 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 5, 2018.
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.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Preliminary Determination of No Shipments
    B. Non-Market Economy Country
    1. Separate Rates
    2. Vietnam-Wide Entity
    C. Surrogate Country and Surrogate Values
    1. Economic Comparability
    2. Significant Producers of Comparable Merchandise
    3. Data Availability
    D. Date of Sale
    E. Fair Value Comparisons
    1. Determination of the Comparison Method
    2. Results of the Differential Pricing Analysis
    F. Export Price
    G. Normal Value
    H. Factor Valuation Methodology
V. Currency Conversion
VI. Conclusion

Appendix II--Companies Subject to Review Determined To Be Part of the 
Vietnam-Wide Entity

1. Amanda Seafood Co., Ltd.
2. Asia Food Stuffs Import Export Co., Ltd.
3. Binh Thuan Import--Export Joint Stock Company (THAIMEX)
4. B.O.P. Limited Co.
5. Coastal Fisheries Development Corporation (``COFIDEC'')
6. CJ Freshway (FIDES Food System Co., Ltd.)
7. Dong Hai Seafood Limited Company
8. Duc Cuong Seafood Trading Co., Ltd.
9. Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and 
Export Company)
10. Gallant Dachan Seafood Co., Ltd.
11. Gallant Ocean (Vietnam) Co. Ltd., also initiated under Gallant 
Ocean (Viet Nam) Co., Ltd. (``Gallant Ocean Vietnam'')
12. Hanh An Trading Service Co., Ltd.
13. Hoang Phuong Seafood Factory
14. Huynh Huong Seafood Processing
15. JK Fish Co., Ltd.
16. Khai Minh Trading Investment Corporation
17. Long Toan Frozen Aquatic Products Joint Stock Company
18. Minh Cuong Seafood Import-Export Processing (``MC Seafood'')
19. Minh Phu Seafood Corporation (only as producer or exporter) \15\
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    \15\ Minh Phu Seafood Corporation is part of the Vietnam-Wide 
entity only in the event that it is identified on U.S. entry 
documentation or commercial documents as either producer or 
exporter. In the event that Minh Phu Seafood Corporation is 
identified on U.S. entry documentation and commercial documents as 
both producer and exporter, its entries are not subject to the AD 
Order and should not be suspended. 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 (Minh Phu Revocation) (July 22, 2016), 
where we stated that we ``will instruct U.S. Customs and Border 
Protection (``CBP'') to liquidate, without regard to antidumping 
duties, entries of certain frozen warmwater shrimp, produced and 
exported by the Minh Phu Group.'' Because Minh Phu Seafood 
Corporation is one of the trade names included in the Minh Phu 
Revocation, any entries of subject merchandise produced and exported 
by Minh Phu Seafood Corporation, or any other trade name combination 
of the companies within the group which was revoked from the AD 
Order, are not subject to the AD Order.
---------------------------------------------------------------------------

20. Nam Hai Foodstuff and Export Company Ltd
21. New Wind Seafood Co., Ltd.
22. Nha Trang Fisheries Joint Stock Company (``Nha Trang Fisco''), 
also initiated under Nha Trang Fisheries Joint Stock Company
23. Nhat Duc Co., Ltd.
24. Phu Cuong Jostoco Seafood Corporation
25. Quoc Ai Seafood Processing Import Export Co., Ltd.
26. Saigon Food Joint Stock Company
27. Tan Thanh Loi Frozen Food Co., Ltd.
28. Thinh Hung Co., Ltd.
29. Trang Khan Seafood Co., Ltd.
30. Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho

[FR Doc. 2018-04901 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices                                                    10673

                                             beveled or rounded at the edges. Steel                  7226.91.5000, 7226.91.7000,                           Vietnam (Vietnam) is being, or is likely
                                             products that meet the noted physical                   7226.91.8000, and 7226.99.0000. The                   to be, sold in the United States at less
                                             characteristics that are painted,                       HTSUS subheadings are provided for                    than normal value during the period of
                                             varnished, or coated with plastic or                    convenience and customs purposes. The                 review (POR) February 1, 2016, through
                                             other non-metallic substances are                       written description of the merchandise                January 31, 2017.
                                             included within the scope. Also,                        covered by the orders is dispositive.                 DATES: Applicable March 12, 2018.
                                             specifically included in the scope of the                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                     Continuation of the Orders
                                             orders are high strength, low alloy                                                                           Irene Gorelik, AD/CVD Operations,
                                             (HSLA) steels. HSLA steels are                             As a result of the determinations by
                                                                                                                                                           Office VIII, Enforcement and
                                             recognized as steels with micro-alloying                Commerce and the ITC that revocation
                                                                                                     of the AD and CVD orders would likely                 Compliance, International Trade
                                             levels of elements such as chromium,                                                                          Administration, Department of
                                             copper, niobium, titanium, vanadium,                    lead to continuation or recurrence of
                                                                                                     dumping and countervailable subsidies                 Commerce, 1401 Constitution Avenue
                                             and molybdenum.                                                                                               NW, Washington, DC 20230; telephone:
                                                Steel products included in the scope,                and material injury to an industry in the
                                                                                                     United States, pursuant to section                    (202) 482–6905.
                                             regardless of Harmonized Tariff
                                             Schedule of the United States (HTSUS)                   751(d)(2) of the Act and 19 CFR                       SUPPLEMENTARY INFORMATION:
                                             definitions, are products in which: (1)                 351.218(a), Commerce hereby orders the                Background
                                             Iron predominates, by weight, over each                 continuation of the AD and CVD orders
                                                                                                     on CTL plate from India, Indonesia, and                  Commerce exercised its discretion to
                                             of the other contained elements, (2) the
                                                                                                     Korea.                                                toll deadlines affected by the closure of
                                             carbon content is two percent or less, by
                                                                                                        U.S. Customs and Border Protection                 the Federal Government from January
                                             weight, and (3) none of the elements
                                                                                                     will continue to collect AD and CVD                   20 through 22, 2018. If the new deadline
                                             listed below is equal to or exceeds the
                                             quantity, by weight, respectively                       cash deposits at the rates in effect at the           falls on a non-business day, in
                                             indicated: 1.80 percent of manganese, or                time of entry for all imports of subject              accordance with Commerce’s practice,
                                             1.50 percent of silicon, or 1.00 percent                merchandise. The effective date of                    the deadline will become the next
                                             of copper, or 0.50 percent of aluminum,                 continuation of these orders will be the              business day. The revised deadline for
                                             or 1.25 percent of chromium, or 0.30                    date of publication in the Federal                    the preliminary results of this review is
                                             percent of cobalt, or 0.40 percent of                   Register of this notice of continuation.              now March 5, 2018.1
                                             lead, or 1.25 percent of nickel, or 0.30                Pursuant to section 751(c)(2) of the Act,             Scope of the Order
                                             percent of tungsten, or 0.10 percent of                 Commerce intends to initiate the next
                                                                                                                                                              The merchandise subject to the Order
                                             molybdenum, or 0.10 percent of                          five-year reviews of these orders not
                                                                                                                                                           is certain frozen warmwater shrimp.
                                             niobium, or 0.41 percent of titanium, or                later than 30 days prior to the fifth
                                                                                                                                                           The product is currently classified
                                             0.15 percent of vanadium, or 0.15                       anniversary of the effective date of
                                                                                                                                                           under the following Harmonized Tariff
                                             percent zirconium. All products that                    continuation.
                                                                                                        These five-year (sunset) reviews and               Schedule of the United States (HTSUS)
                                             meet the written physical description,
                                                                                                     this notice are in accordance with                    item numbers: 0306.17.00.03,
                                             and in which the chemistry quantities
                                                                                                     sections 751(c) of the Act and published              0306.17.00.06, 0306.17.00.09,
                                             do not equal or exceed any one of the
                                                                                                     pursuant to section 777(i)(1) of the Act              0306.17.00.12, 0306.17.00.15,
                                             levels listed above, are within the scope
                                                                                                     and 19 CFR 351.218(f)(4).                             0306.17.00.18, 0306.17.00.21,
                                             of the orders unless otherwise
                                             specifically excluded.                                                                                        0306.17.00.24, 0306.17.00.27,
                                                                                                       Dated: March 6, 2018.                               0306.17.00.40, 1605.21.10.30, and
                                                The following products are                           Gary Taverman,
                                             specifically excluded from the orders:                                                                        1605.29.10.10. Although the HTSUS
                                                                                                     Deputy Assistant Secretary for Antidumping            numbers are provided for convenience
                                             (1) Products clad, plated, or coated with               and Countervailing Duty Operations,
                                             metal, whether or not painted,                                                                                and for customs purposes, the written
                                                                                                     performing the non-exclusive functions and            product description, available in the
                                             varnished or coated with plastic or other               duties of the Assistant Secretary for
                                             non-metallic substances; (2) SAE grades                                                                       Preliminary Decision Memorandum,
                                                                                                     Enforcement and Compliance.
                                             (formerly AISI grades) of series 2300                                                                         remains dispositive.2
                                                                                                     [FR Doc. 2018–04846 Filed 3–9–18; 8:45 am]
                                             and above; (3) products made to ASTM                    BILLING CODE 3510–DS–P                                Methodology
                                             A710 and A736 or their proprietary
                                             equivalents; (4) abrasion-resistant steels                                                                      Commerce conducted this review in
                                             (i.e., USS AR 400, USS AR 500); (5)                                                                           accordance with section 751(a)(1)(A) of
                                                                                                     DEPARTMENT OF COMMERCE                                the Tariff Act of 1930, as amended (the
                                             products made to ASTM A202, A225,
                                             A514 grade S, A517 grade S, or their                    International Trade Administration                       1 See Memorandum for the Record from Christian
                                             proprietary equivalents; (6) ball bearing                                                                     Marsh, Deputy Assistant Secretary for Enforcement
                                                                                                     [A–552–802]
                                             steels; (7) tool steels; and (8) silicon                                                                      and Compliance, performing the non-exclusive
                                             manganese steel or silicon electric steel.              Certain Frozen Warmwater Shrimp                       functions and duties of the Assistant Secretary for
                                                Imports of steel plate are currently                 From the Socialist Republic of
                                                                                                                                                           Enforcement and Compliance, ‘‘Deadlines Affected
                                             classified in the HTSUS under                                                                                 by the Shutdown of the Federal Government’’
                                                                                                     Vietnam: Preliminary Results of                       (Tolling Memorandum), dated January 23, 2018. All
                                             subheadings 7208.40.3030,                               Antidumping Duty Administrative                       deadlines in this segment of the proceeding have
                                             7208.40.3060, 7208.51.0030,                             Review and Preliminary Determination                  been extended by 3 days.
                                             7208.51.0045, 7208.51.0060,                             of No Shipments; 2016–2017
                                                                                                                                                              2 For a complete description of the Scope of the

                                             7208.52.0000, 7208.53.0000,                                                                                   Order, see Memorandum to Gary Taverman, Deputy
                                                                                                                                                           Assistant Secretary for Enforcement and
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                                             7208.90.0000, 7210.70.3000,                             AGENCY:   Enforcement and Compliance,
                                                                                                                                                           Compliance, from James Maeder, Senior Director for
                                             7210.90.9000, 7211.13.0000,                             International Trade Administration,                   Antidumping and Countervailing Duty Operations,
                                             7211.14.0030, 7211.14.0045,                             Department of Commerce.                               titled ‘‘Decision Memorandum for Preliminary
                                             7211.90.0000, 7212.40.1000,                             SUMMARY: The Department of Commerce                   Results of Antidumping Duty Administrative
                                                                                                                                                           Review: Certain Frozen Warmwater Shrimp from
                                             7212.40.5000, 7212.50.0000,                             (Commerce) preliminarily determines                   the Socialist Republic of Vietnam; 2016–2017,’’
                                             7225.40.3050, 7225.40.7000,                             that certain frozen warmwater shrimp                  dated concurrently with, and adopted by, this
                                             7225.50.6000, 7225.99.0090,                             (shrimp) from the Socialist Republic of               notice (Preliminary Decision Memorandum).



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                                             10674                                     Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

                                             Act). Export prices were calculated in                                      Memorandum and the electronic                                               Preliminary Results of Review
                                             accordance with section 772 of the Act.                                     version of the Preliminary Decision
                                             Because Vietnam is a non-market                                             Memorandum are identical in content.                                           Commerce finds that 30 companies
                                             economy within the meaning of section                                                                                                                   for which a review was requested have
                                                                                                                         Preliminary Determination of No                                             not established eligibility for a separate
                                             771(18) of the Act, NV was calculated in
                                                                                                                         Shipments                                                                   rate and are considered to be part of the
                                             accordance with section 773(c) of the
                                             Act.                                                                          Based on our analysis of U.S. Customs                                     Vietnam-wide entity for these
                                               For a full description of the                                             and Border Protection (CBP)                                                 preliminary results.5 Commerce’s
                                             methodology underlying our                                                  information and information provided                                        change in policy regarding conditional
                                             conclusions, see Preliminary Decision                                       by a number of companies, we                                                review of the Vietnam-wide entity
                                             Memorandum. The Preliminary                                                 preliminarily determine that 11                                             applies to this administrative review.6
                                             Decision Memorandum is a public                                             companies 3 under active review did not                                     Under this policy, the Vietnam-wide
                                             document and is on file electronically                                      have any reviewable transactions during                                     entity will not be under review unless
                                             via the Enforcement and Compliance’s                                        the POR. In addition, Commerce finds,                                       a party specifically requests, or
                                             Antidumping and Countervailing Duty                                         consistent with its refinement to its                                       Commerce self-initiates, a review of the
                                             Centralized Electronic Service System                                       assessment practice in non-market                                           entity. Because no party requested a
                                             (ACCESS). ACCESS is available to                                            economy cases, that it is appropriate not                                   review of the Vietnam-wide entity, the
                                             registered users at http://                                                 to rescind the review in part in these                                      entity is not under review and the
                                             access.trade.gov and in the Central                                         circumstances, but to complete the                                          entity’s rate is not subject to change. For
                                             Records Unit, Room B8024 of the main                                        review with respect to these 11
                                                                                                                                                                                                     companies for which a review was
                                             Department of Commerce building. In                                         companies and issue appropriate
                                                                                                                                                                                                     requested and that have established
                                             addition, a complete version of the                                         instructions to CBP based on the final
                                             Preliminary Decision Memorandum can                                         results of the review.4 For additional                                      eligibility for a separate rate, Commerce
                                             be accessed directly on the internet at                                     information regarding this                                                  preliminarily determines that the
                                             http://enforcement.trade.gov/frn/. The                                      determination, see the Preliminary                                          following weighted-average dumping
                                             signed Preliminary Decision                                                 Decision Memorandum.                                                        margins exist:

                                                                                                                                                                                                                                                Weighted-
                                                                                                                                                                                                                                                 average
                                                                                                                                     Exporter 7                                                                                                   margin
                                                                                                                                                                                                                                                (percent)

                                             Fimex VN .......................................................................................................................................................................................          25.39
                                             Au Vung Two Seafood Processing Import & Export Joint Stock Company, aka AU VUNG TWO SEAFOOD ...........................                                                                                   25.39
                                             Bac Lieu Fisheries Joint Stock Company .....................................................................................................................................                              25.39
                                             Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka FAQUIMEX, aka Bentre Forestry and
                                               Aquaproduct Import-Export Joint Stock Company (FAQUIMEX) ..............................................................................................                                                 25.39
                                             C.P. Vietnam Corporation ..............................................................................................................................................................                   25.39
                                             Cadovimex Seafood Import-Export and Processing Joint Stock Company ..................................................................................                                                     25.39
                                             Camau Frozen Seafood Processing Import Export Corporation, aka Camimex ..........................................................................                                                         25.39
                                             Camau Seafood Processing and Service Joint Stock Corporation, aka Camau Seafood Processing and Service Joint-Stock
                                               Corporation, aka CASES ...........................................................................................................................................................                      25.39
                                             Can Tho Import Export Fishery Limited Company, aka CAFISH .................................................................................................                                               25.39
                                             Cuulong Seaproducts Company, aka Cuulong Seapro ................................................................................................................                                          25.39
                                             Fine Foods Co, aka Fine Foods Co (FFC) ...................................................................................................................................                                25.39
                                             Green Farms Seafood Joint Stock Company ...............................................................................................................................                                   25.39
                                             Hai Viet Corporation, aka HAVICO ...............................................................................................................................................                          25.39
                                             Investment Commerce Fisheries Corporation ...............................................................................................................................                                 25.39
                                             Khanh Sung Company, Ltd ...........................................................................................................................................................                       25.39
                                             Kim Anh Company Limited ............................................................................................................................................................                      25.39
                                             Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco ......................................................                                                                25.39
                                             Sea Minh Hai, aka Seaprodex Minh Hai .......................................................................................................................................                              25.39
                                             Ngoc Tri Seafood Joint Stock Company .......................................................................................................................................                              25.39
                                             Nha Trang Seaproduct Company, aka NT Seafoods Corporation, aka Nha Trang Seafoods—F89 Joint Stock Company, aka
                                               NTSF Seafoods Joint Stock Company ......................................................................................................................................                                25.39
                                             Phuong Nam Foodstuff Corp. ........................................................................................................................................................                       25.39
                                             Seaprimexco Vietnam, aka Seaprimexco .....................................................................................................................................                                25.39
                                             Taika Seafood Corporation ............................................................................................................................................................                    25.39
                                             Tan Phong Phu Seafood Co., Ltd .................................................................................................................................................                          25.39
                                             Thanh Doan Sea Products Import & Export Processing Joint-Stock Company, aka THADIMEXCO ..........................................                                                                         25.39
                                             Thong Thuan—Cam Ranh Seafood Joint Stock Company ..........................................................................................................                                               25.39

                                               3 These 11 companies are: (1) Au Vung One                                 Minh Seafood Co LTD; (8) Tacvan Frozen Seafood                              FR 65694 (October 24, 2011) (Assessment Notice);
                                             Seafood Processing Import & Export Joint Stock                              Processing Export Company, also initiated as                                see also ‘‘Assessment Rates’’ section below.
                                             Company; (2) Bien Dong Seafood Co., Ltd.; (3) BIM                           Tacvan Seafoods Company, Tacvan Seafoods                                      5 See Appendix II for a full list of the 30

                                             Seafood Joint Stock Company; (4) Cafatex                                    Company (‘‘TACVAN’’), and Tacvan Seafoods                                   companies (accounting for duplicate names
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                                             Corporation and its claimed aka names (a) Taydo                             Company (TACVAN); (9) Thong Thuan Seafood                                   initiated upon); see also Preliminary Decision
                                             Seafood Enterprise and (b) Xi Nghiep Che Bien                               Company Limited; (10) Trong Nhan Seafood                                    Memorandum, at 13.
                                             Thuy Sue San Xuat Cantho; (5) Cam Ranh Seafoods;                            Company Limited, also initiated as Trong Nhan
                                                                                                                                                                                                       6 See Antidumping Proceedings: Announcement
                                             (6) Ngo Bros, also initiated as, Ngo Bros                                                                                                               of Change in Department Practice for Respondent
                                                                                                                         Seafood Co., Ltd. (‘‘Trong Nhan’’); and (11) Vinh
                                             Seaproducts Import-Export One Member Company                                                                                                            Selection in Antidumping Duty Proceedings and
                                                                                                                         Hoan Corp.
                                             Limited, and NGO BROS Seaproducts Import-                                                                                                               Conditional Review of the Nonmarket Economy
                                                                                                                           4 See Non-Market Economy Antidumping
                                             Export One Member Company Limited; (7) Quang                                                                                                            Entity in NME Antidumping Duty Proceedings, 78
                                             Minh Seafood Co., Ltd., also initiated as Quang                             Proceedings: Assessment of Antidumping Duties, 76                           FR 65963 (November 4, 2013).



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                                                                                      Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices                                                                                      10675

                                                                                                                                                                                                                                            Weighted-
                                                                                                                                                                                                                                             average
                                                                                                                                   Exporter 7                                                                                                 margin
                                                                                                                                                                                                                                            (percent)

                                             Thong Thuan Company Limited ....................................................................................................................................................                      25.39
                                             Thuan Phuoc Seafoods and Trading Corporation ........................................................................................................................                                 25.39
                                             Trung Son Seafood Processing Joint Stock Company, aka Trung Son Seafood Processing JSC .............................................                                                                  25.39
                                             UTXI Aquatic Products Processing Corporation ...........................................................................................................................                              25.39
                                             Viet Foods Co., Ltd ........................................................................................................................................................................          25.39
                                             Vietnam Fish One Co., Ltd ............................................................................................................................................................                25.39
                                             Vietnam Clean Seafood Corporation, aka Vina Cleanfood, aka Viet Nam Clean Seafood Corporation .....................................                                                                   25.39



                                             Disclosure and Public Comment                                             within 120 days of publication of these                                       For entries that were not reported in
                                                Commerce will disclose the                                             preliminary results in the Federal                                         the U.S. sales database submitted by
                                             calculations used in our analysis to                                      Register, unless this deadline extended.                                   Fimex VN during this review,
                                             parties in this review within five days                                                                                                              Commerce will instruct CBP to liquidate
                                                                                                                       Assessment Rates
                                             of the date of publication of this notice.                                                                                                           such entries at the Vietnam-wide rate. In
                                                                                                                          Upon issuance of the final results,                                     addition, if we continue to find no
                                             Commerce intends to verify the
                                                                                                                       Commerce will determine, and CBP                                           shipments for the companies identified
                                             information upon which we will rely for
                                                                                                                       shall assess, antidumping duties on all                                    in the ‘‘Preliminary Determination of No
                                             the final results. As such, Commerce
                                                                                                                       appropriate entries covered by this                                        Shipments’’ section above, Commerce
                                             will establish the briefing schedule at a
                                                                                                                       review.11 Commerce intends to issue                                        will instruct CBP to liquidate any
                                             later time, and will notify parties of the
                                                                                                                       assessment instructions to CBP 15 days                                     suspended entries of subject
                                             schedule in accordance with 19 CFR
                                                                                                                       after the publication date of the final                                    merchandise from those companies at
                                             351.309. Parties who submit case briefs
                                                                                                                       results of this review. For any                                            the Vietnam-wide rate.14
                                             or rebuttal briefs are requested to submit
                                             with the argument: (1) A statement of                                     individually examined respondent                                              For the final results, if we continue to
                                             the issue; (2) a brief summary of the                                     whose weighted-average dumping                                             treat the 30 companies identified in
                                             argument; and (3) a table of authorities.8                                margin is above de minimis (i.e., is 0.50                                  Appendix II as part of the Vietnam-wide
                                             Rebuttal briefs must be limited to issues                                 percent or more) in the final results of                                   entity, we will instruct CBP to apply an
                                             raised in the case briefs.9                                               this review, Commerce will calculate                                       ad valorem assessment rate of 25.76
                                                Pursuant to 19 CFR 351.310(c),                                         importer-specific assessment rates on                                      percent to all entries of subject
                                             interested parties who wish to request a                                  the basis of the ratio of the total amount                                 merchandise during the POR which
                                             hearing must submit a written request to                                  of dumping calculated for the importer’s                                   were produced and/or exported by those
                                             the Assistant Secretary for Enforcement                                   examined sales to the total entered                                        companies.
                                             and Compliance within 30 days of the                                      value of sales, in accordance with 19                                         The final results of this review shall
                                             date of publication of this notice.                                       CFR 351.212(b)(1).12 We will instruct                                      be the basis for the assessment of
                                             Requests should contain: (1) The party’s                                  CBP to assess antidumping duties on all                                    antidumping duties on entries of
                                             name, address and telephone number;                                       appropriate entries covered by this                                        merchandise covered by the final results
                                             (2) the number of participants; and (3)                                   review when the importer-specific                                          of this review and for future deposits of
                                             a list of issues parties intend to discuss.                               assessment rate calculated in the final                                    estimated duties, where applicable.
                                             Issues raised in the hearing will be                                      results of this review is above de                                         Cash Deposit Requirements
                                             limited to those raised in the respective                                 minimis. Where either the respondent’s
                                                                                                                       weighted-average dumping margin is                                            The following cash deposit
                                             case and rebuttal briefs. If a request for                                                                                                           requirements will be effective upon
                                             a hearing is made, Commerce intends to                                    zero or de minimis, or an importer-
                                                                                                                       specific assessment rate is zero or de                                     publication of the final results of this
                                             hold the hearing at the U.S. Department                                                                                                              administrative review for shipments of
                                             of Commerce, 1401 Constitution Avenue                                     minimis, we will instruct CBP to
                                                                                                                       liquidate the appropriate entries                                          the subject merchandise from Vietnam
                                             NW, Washington, DC 20230, at a date                                                                                                                  entered, or withdrawn from warehouse,
                                             and time to be determined.10 Parties                                      without regard to antidumping duties.
                                                                                                                          For the respondents that were not                                       for consumption on or after the
                                             should confirm by telephone the date,                                                                                                                publication date, as provided by
                                             time, and location of the hearing two                                     selected for individual examination in
                                                                                                                       this administrative review but qualified                                   sections 751(a)(2)(C) of the Act: (1) For
                                             days before the scheduled date.                                                                                                                      the companies listed above, which have
                                                Commerce intends to issue the final                                    for a separate rate, the assessment rate
                                                                                                                       will be equal to the weighted-average                                      a separate rate, the cash deposit rate will
                                             results of this administrative review,
                                                                                                                       dumping margin assigned to Fimex VN                                        be that established in the final results of
                                             including the results of our analysis of
                                             issues raised in the written comments,                                    in the final results of this review.13                                     this review (except, if the rate is zero or
                                                                                                                                                                                                  de minimis, then zero cash deposit will
                                               7 Due to the issues Commerce had had in                                    11 See19 CFR 351.212(b).                                                be required); (2) for previously
                                             previous segments with variations of exporter                                12 In
                                                                                                                              these preliminary results, Commerce applied                         investigated or reviewed Vietnam and
                                             names related to this Order, we remind exporters                          the assessment rate calculation method adopted in                          non-Vietnam exporters not listed above
                                             that the names listed in the rate box are the exact                       Antidumping Proceedings: Calculation of the                                that received a separate rate in a prior
                                             names, including spelling and punctuation which                           Weighted-Average Dumping Margin and
                                             Commerce will provide to CBP and which CBP will                           Assessment Rate in Certain Antidumping                                     segment of this proceeding, the cash
amozie on DSK30RV082PROD with NOTICES




                                             use to assess POR entries and collect cash deposits.                      Proceedings; Final Modification, 77 FR 8101
                                             Any names with punctuation variations, such as all                        (February 14, 2012).                                                       at 10–11; unchanged in Drawn Stainless Steel Sinks
                                             capitalizations, dashes, periods, or commas can be                          13 See Drawn Stainless Steel Sinks from the                              from the People’s Republic of China: Final Results
                                             confirmed by Commerce in the event CBP inquires                           People’s Republic of China: Preliminary Results of                         of Antidumping Duty Administrative Review; Final
                                             about such variations.                                                    the Antidumping Duty Administrative Review and                             Determination of No Shipments; 2014–2015, 81 FR
                                               8 See 19 CFR 351.309(c) and (d).
                                                                                                                       Preliminary Determination of No Shipments: 2014–                           54042 (August 15, 2016).
                                               9 See 19 CFR 351.309(d)(2).
                                                                                                                       2015, 81 FR 29528 (May 12, 2016), and                                         14 For a full discussion of this practice, see NME
                                               10 See 19 CFR 351.310(d).                                               accompanying Preliminary Decision Memorandum                               AD Assessment.



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                                             10676                         Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

                                             deposit rate will continue to be the                    Appendix II—Companies Subject to                             Kau Cantho
                                             existing exporter-specific rate; (3) for all            Review Determined To Be Part of the                     [FR Doc. 2018–04901 Filed 3–9–18; 8:45 am]
                                             Vietnam exporters of subject                            Vietnam-Wide Entity                                     BILLING CODE 3510–DS–P
                                             merchandise that have not been found                    1. Amanda Seafood Co., Ltd.
                                             to be entitled to a separate rate, the cash             2. Asia Food Stuffs Import Export Co., Ltd.
                                             deposit rate will be the existing rate for              3. Binh Thuan Import—Export Joint Stock                 DEPARTMENT OF COMMERCE
                                             the Vietnam-wide entity of 25.76                             Company (THAIMEX)
                                             percent; and (4) for all non-Vietnam                    4. B.O.P. Limited Co.                                   International Trade Administration
                                             exporters of subject merchandise which                  5. Coastal Fisheries Development
                                                                                                                                                             [A–570–864]
                                             have not received their own rate, the                        Corporation (‘‘COFIDEC’’)
                                             cash deposit rate will be the rate                      6. CJ Freshway (FIDES Food System Co.,
                                                                                                                                                             Pure Magnesium in Granular Form
                                                                                                          Ltd.)
                                             applicable to the Vietnam exporter that                 7. Dong Hai Seafood Limited Company                     From the People’s Republic of China:
                                             supplied that non-Vietnam exporter.                     8. Duc Cuong Seafood Trading Co., Ltd.                  Continuation of the Antidumping Duty
                                             These deposit requirements, when                        9. Frozen Seafoods Factory No. 32 (Tho                  Order
                                             imposed, shall remain in effect until                        Quang Seafood Processing and Export
                                             further notice.                                              Company)
                                                                                                                                                             AGENCY:   Enforcement and Compliance,
                                                                                                     10. Gallant Dachan Seafood Co., Ltd.                    International Trade Administration,
                                             Notification to Importers                               11. Gallant Ocean (Vietnam) Co. Ltd., also              Department of Commerce.
                                                                                                          initiated under Gallant Ocean (Viet Nam)           SUMMARY: As a result of determinations
                                               This notice also serves as a                               Co., Ltd. (‘‘Gallant Ocean Vietnam’’)              by the Department of Commerce
                                             preliminary reminder to importers of                    12. Hanh An Trading Service Co., Ltd.                   (Commerce) and the International Trade
                                             their responsibility under 19 CFR                       13. Hoang Phuong Seafood Factory                        Commission (ITC) that revocation of the
                                             351.402(f)(2) to file a certificate                     14. Huynh Huong Seafood Processing
                                                                                                                                                             antidumping duty (AD) order on pure
                                             regarding the reimbursement of                          15. JK Fish Co., Ltd.
                                                                                                     16. Khai Minh Trading Investment                        magnesium in granular form from the
                                             antidumping duties prior to liquidation                                                                         People’s Republic of China (China)
                                             of the relevant entries during this                          Corporation
                                                                                                     17. Long Toan Frozen Aquatic Products Joint             would likely lead to a continuation or
                                             review period. Failure to comply with                        Stock Company                                      recurrence of dumping and material
                                             this requirement could result in                        18. Minh Cuong Seafood Import-Export                    injury to an industry in the United
                                             Commerce’s presumption that                                  Processing (‘‘MC Seafood’’)                        States, Commerce is publishing this
                                             reimbursement of antidumping duties                     19. Minh Phu Seafood Corporation (only as               notice of continuation of the AD order.
                                             occurred and the subsequent assessment                       producer or exporter) 15
                                                                                                     20. Nam Hai Foodstuff and Export Company                DATES: Applicable March 12, 2018.
                                             of double antidumping duties.
                                                                                                          Ltd                                                FOR FURTHER INFORMATION CONTACT:
                                               This determination is issued and                      21. New Wind Seafood Co., Ltd.                          Joseph Degreenia, AD/CVD Operations,
                                             published in accordance with sections                   22. Nha Trang Fisheries Joint Stock Company             Office III, Enforcement and Compliance,
                                             751(a)(1) and 777(i)(1) of the Act and 19                    (‘‘Nha Trang Fisco’’), also initiated under        International Trade Administration,
                                             CFR 351.221(b)(4).                                           Nha Trang Fisheries Joint Stock                    U.S. Department of Commerce, 1401
                                               Dated: March 5, 2018.                                      Company                                            Constitution Avenue NW, Washington,
                                                                                                     23. Nhat Duc Co., Ltd.
                                             Gary Taverman,                                          24. Phu Cuong Jostoco Seafood Corporation
                                                                                                                                                             DC 20230; telephone: (202) 432–6430
                                             Deputy Assistant Secretary for Antidumping              25. Quoc Ai Seafood Processing Import                   SUPPLEMENTARY INFORMATION:
                                             and Countervailing Duty Operations,                          Export Co., Ltd.
                                             performing the non-exclusive functions and                                                                      Background
                                                                                                     26. Saigon Food Joint Stock Company
                                             duties of the Assistant Secretary for                   27. Tan Thanh Loi Frozen Food Co., Ltd.                    On November 19, 2001, Commerce
                                             Enforcement and Compliance.                             28. Thinh Hung Co., Ltd.                                published the AD order on pure
                                                                                                     29. Trang Khan Seafood Co., Ltd.                        magnesium in granular form from
                                             Appendix I—List of Topics Discussed in
                                                                                                     30. Xi Nghiep Che Bien Thuy Suc San Xuat                China.1 On September 6, 2017,
                                             the Preliminary Decision Memorandum
                                                                                                                                                             Commerce published the notice of
                                             I. Summary                                                 15 Minh Phu Seafood Corporation is part of the
                                                                                                                                                             initiation of the third sunset review of
                                             II. Background                                          Vietnam-Wide entity only in the event that it is
                                                                                                     identified on U.S. entry documentation or               the Order, pursuant to section 751(c) of
                                             III. Scope of the Order
                                                                                                     commercial documents as either producer or              the Tariff Act of 1930, as amended (the
                                             IV. Discussion of the Methodology
                                                A. Preliminary Determination of No
                                                                                                     exporter. In the event that Minh Phu Seafood            Act).2 As a result of its review,
                                                                                                     Corporation is identified on U.S. entry                 Commerce determined that revocation
                                                   Shipments                                         documentation and commercial documents as both
                                                B. Non-Market Economy Country                        producer and exporter, its entries are not subject to   of the Order would likely lead to
                                                1. Separate Rates                                    the AD Order and should not be suspended. See           continuation or recurrence of dumping.3
                                                2. Vietnam-Wide Entity                               Certain Frozen Warmwater Shrimp from the                Commerce, therefore, notified the ITC of
                                                C. Surrogate Country and Surrogate Values            Socialist Republic of Vietnam: Notice of                the magnitude of the dumping margins
                                                1. Economic Comparability                            Implementation of Determination Under Section
                                                                                                     129 of the Uruguay Round Agreements Act and             likely to prevail should the Order be
                                                2. Significant Producers of Comparable                                                                       revoked. On March 5, 2018, the ITC
                                                                                                     Partial Revocation of the Antidumping Duty Order,
                                                   Merchandise                                       81 FR 47756, 47757 (Minh Phu Revocation) (July          published its determination that
                                                3. Data Availability                                 22, 2016), where we stated that we ‘‘will instruct
                                                D. Date of Sale                                                                                              revocation of the Order would likely
                                                                                                     U.S. Customs and Border Protection (‘‘CBP’’) to
                                                E. Fair Value Comparisons                            liquidate, without regard to antidumping duties,
                                                                                                                                                               1 See Antidumping Duty Order: Pure Magnesium
                                                1. Determination of the Comparison                   entries of certain frozen warmwater shrimp,
                                                   Method                                            produced and exported by the Minh Phu Group.’’          in Granular Form from the People’s Republic of
amozie on DSK30RV082PROD with NOTICES




                                                                                                     Because Minh Phu Seafood Corporation is one of          China, 66 FR 57936 (November 19, 2001) (Order).
                                                2. Results of the Differential Pricing                                                                         2 See Initiation of Five-Year (Sunset) Reviews, 82
                                                   Analysis                                          the trade names included in the Minh Phu
                                                                                                     Revocation, any entries of subject merchandise          FR 42073 (September 6, 2017).
                                                F. Export Price                                      produced and exported by Minh Phu Seafood                 3 See Pure Magnesium in Granular Form from the
                                                G. Normal Value                                      Corporation, or any other trade name combination        People’s Republic of China: Final Results of
                                                H. Factor Valuation Methodology                      of the companies within the group which was             Expedited Third Sunset Review of the Antidumping
                                             V. Currency Conversion                                  revoked from the AD Order, are not subject to the       Duty Order, 83 FR 1017 (January 9, 2018), and
                                             VI. Conclusion                                          AD Order.                                               accompanying Issues and Decision Memorandum.



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Document Created: 2018-11-01 08:51:06
Document Modified: 2018-11-01 08:51:06
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 March 12, 2018.
ContactIrene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905.
FR Citation83 FR 10673 

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