SUPPLEMENTARY INFORMATION:

On April 7, 2016, the Department initiated the eleventh administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam ( Order ).^[1 2] The Department initiated this administrative review for 218 producers and exporters of subject merchandise.^[3] Based on the timely requests for withdrawal of review requests, we rescinded the administrative review with respect to 22 companies pursuant to 19 CFR 351.213(d)(1) and (4).^[4 5]

Scope of the Order

The merchandise subject to the Order is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.^[6]

Preliminary Determination of No Shipments

Based on our analysis of CBP information and information provided by a number of companies, we preliminarily determine that 13 companies ^[7] under review did not have any reviewable transactions during the POR. In addition, the Department finds that, consistent with its assessment practice in non-market economy (NME) cases, it is appropriate not to rescind the review in part in these circumstances, but to complete the review with respect to these 13 companies and issue appropriate instructions to CBP based on the final results of the review.^[8] For additional information regarding this determination, see the Preliminary Decision Memorandum.

Methodology

The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). Because the mandatory respondents in this administrative review have not responded to all portions of the NME questionnaire, we preliminarily determine that they are ineligible for a separate rate and are part of the Vietnam-Wide entity, subject to the Vietnam-Wide entity rate of 25.76 percent.

For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/​frn/​. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

The Department finds that the two mandatory respondents and 51 additional companies for which a review was requested have not established eligibility for a separate rate and are considered to be part of the Vietnam-Wide entity for these preliminary results.^[9] The Department's policy regarding conditional review of the Vietnam-Wide entity applies to this administrative review.^[10] Under this policy, the Vietnam-Wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the Vietnam-Wide entity, the entity is not under review and the entity's rate is not subject to change.

The statute and the Department's regulations do not address what rate to apply to respondents not selected for individual examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually in an administrative review. Section 735(c)(5)(A) of the Act states that the all-others rate should be calculated by averaging the weighted-average dumping margins for individually-examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, the Department may use “any reasonable method” for assigning a rate to non-examined respondents.

However, for these preliminary results, we have not calculated any individual rates or assigned a rate based on facts available. Therefore, consistent ( printed page 78791) with our recent practice,^[11] we preliminarily determine to assign to the non-individually examined separate rate respondents the most recently assigned separate rate in this proceeding, which is from the previous administrative review.^[12] Using this method, we are preliminarily assigning a separate rate margin of 4.78 percent to the 12 non-individually examined companies that demonstrated their eligibility for a separate rate.

The Department preliminarily determines that the following dumping margins exist:

Disclosure and Public Comment

Normally, The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of the notice of preliminary results in the Federal Register , in accordance with 19 CFR 351.224(b). However, here the Department preliminarily applied a separate rate ^[14] and the Vietnam-Wide rate ^[15] which were established in prior segments of the proceeding. Thus, there are no calculations on this record to disclose.

Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the publication of these preliminary results, and rebuttal comments within five days after the time limit for filing case briefs. Parties who submit case briefs or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.^[16] Rebuttal briefs must be limited to issues raised in the case briefs.^[17]

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.^[18] Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register .

Assessment Rates

Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.^[19] The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For the companies receiving a separate rate, we intend to assign an assessment rate of 4.78 percent, consistent with the methodology described above. For the final results, if we continue to treat the mandatory respondents and the additional 51 companies identified in Appendix II as part of the Vietnam-Wide entity, we will instruct CBP to apply an ad valorem assessment rate of 25.76 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. Finally, if we continue to make a no-shipment finding for the 13 companies that reported that they had no shipments of the subject merchandise during the POR, any suspended entries of subject merchandise from these 13 companies will be liquidated at the Vietnam-Wide rate.^[20] The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.^[21]

Cash Deposit Requirements

Should the final results of this administrative review remain unchanged from these preliminary results, the following cash deposit ( printed page 78792) requirements will be effective upon publication of the final results for shipments of the subject merchandise from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above, which have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Vietnam and non-Vietnam exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the existing rate for the Vietnam-Wide entity of 25.76 percent; and (4) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

Notification to Importers

This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Discussion of the Methodology

a. Respondent Selection

b. Preliminary Determination of No Shipments

c. Non-Market Economy Country

d. Separate Rates

e. The Vietnam-Wide Entity

f. Separate Rate for Eligible, Non-Examined Respondents

V. Recommendation

Appendix II

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

1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's affiliate)

2. Amanda Seafood Co., Ltd.

3. An Giang Coffee JSC

4. Anvifish Joint Stock Co.

5. Asia Food Stuffs Import Export Co., Ltd.

6. Binh Thuan Import—Export Joint Stock Company (THAIMEX)

7. Binh An Seafood Joint Stock Company

8. B.O.P. Limited Co.

9. C.P. Vietnam Corporation, aka

C.P. Vietnam Corporation (“C.P. Vietnam”), aka

C.P. Vietnam Livestock Company Limited, aka

C.P. Vietnam Livestock Corporation

10. Can Tho Agricultural and Animal Product Import Export Company (“CATACO”), aka

Can Tho Agricultural and Animal Products Import Export Company (“CATACO”), aka

Can Tho Agricultural and Animal Products Imex Company, aka

Can Tho Agricultural Products

11. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX)

12. Cautre Export Goods Processing Joint Stock Company

13. Coastal Fisheries Development Corporation (“COFIDEC”)

14. Danang Seaproducts Import-Export Corporation (“Seaprodex Danang”) (and its affiliates), aka

Danang Seaproducts Import Export Corporation (and its affiliate, Tho Quang Seafood Processing and Export Company) (collectively, “Seaprodex Danang”)), aka

Danang Seaproducts Import Export Corporation (“Seaprodex Danang”), aka

Seaprodex Danang, aka

Tho Quang Co, aka

Tho Quang Seafood Processing and Export Company, aka

Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and Export Company)

15. Duy Dai Corporation

16. D & N Foods Processing (Danang Company Ltd.)

17. Gallant Ocean (Quang Ngai) Co., Ltd.

18. Gn Foods

19. Hai Thanh Food Company Ltd.

20. Hai Vuong Co., Ltd.

21. Han An Trading Service Co., Ltd.

22. Hoang Hai Company Ltd.

23. Hua Heong Food Industries Vietnam Co. Ltd.

24. Huynh Huong Seafood Processing (Huynh Houng Trading and Import Export Joint Stock Company)

25. Kien Long Seafoods Co. Ltd.

26. Khanh Loi Seafood Factory

27. Long Toan Frozen Aquatic Products Joint Stock Company

28. Luan Vo Fishery Co., Ltd.

29. Minh Chau Imp. Exp. Seafood Processing Co., Ltd.

30. Mp Consol Co., Ltd.

31. New Wind Seafood Co., Ltd.

32. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company

33. Ngoc Sinh, aka

Ngoc Sinh Fisheries, aka

Ngoc Sinh Private Enterprises, aka

Ngoc Sinh Seafoods, aka

Ngoc Sinh Seafood Processing Company, aka

Ngoc Sinh Seafood Trading & Processing Enterprise

34. Nhat Duc Co., Ltd. (“Nhat Duc”), aka

Nhat Duc Co., Ltd., aka

Nhat Duc Co. Ltd.

35. Phu Cuong Jostoco Seafood Corporation, aka

Phu Cuong Jostoco Corp.

36. Quoc Ai Seafood Processing Import Export Co., Ltd.

37. S.R.V. Freight Services Co., Ltd.

38. Saigon Food Joint Stock Company

39. Sustainable Seafood

40. Tan Thanh Loi Frozen Food Co., Ltd.

41. Tan Phong Phu Seafood Co., Ltd., aka

Tan Phong Phu Seafood Company Ltd. (“TPP Co., Ltd.”), aka

Tan Phong Phu Seafood Co. Ltd. (“TPP Co., Ltd.”)

42. Thanh Doan Seaproducts Import & Export Processing Joint-Stock Company (THADIMEXCO)

43. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.

44. Thanh Tri Seafood Processing Co. Ltd.

45. Thinh Hung Co., Ltd.

46. Trang Khan Seafood Co., Ltd.

47. Tien Tien Garment Joint Stock Company

48. Tithi Co., Ltd.

49. Viet Cuong Seafood Processing Import Export Joint-Stock Company

50. Vietnam Northern Viking Technologies Co. Ltd.

51. Vinatex Danang

52. Vinh Loi Import Export Company (“VIMEX”), aka

Vinh Loi Import Export Company (“Vimexco”)

53. Xi Nghiep Che Bien Thuy Sue San Xuat Kau Cantho

81 FR 78789