Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review; 2018-2019
The Department of Commerce (Commerce) is rescinding, in part, the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Repub...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) is rescinding, in part, the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam) for the period February 1, 2018, through January 31, 2019.
DATES:
Applicable May 31, 2019.
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
On May 2, 2019, based on timely requests for review for 107 companies by the Ad Hoc Shrimp Trade Action Committee (the petitioner),[1]
185 companies by the American Shrimp Processors Association (ASPA),[2]
and various Vietnamese companies,[3]
Commerce published in the
Federal Register
a notice of initiation of an administrative review of the
( printed page 25239)
antidumping duty order on certain frozen warmwater shrimp from Vietnam covering the period February 1, 2018, through January 31, 2019.[4]
On April 25, 2019, Vietnam Fish One Co., Ltd. withdrew its review request.[5]
On May 3, 2019, the petitioner and ASPA withdrew their respective review requests, in part.[6]
On May 3, 2019, various Vietnamese exporters also withdrew their respective review requests.[7]
All interested parties that withdrew their requests for review of companies also included those companies' name variations, as listed in the
Initiation Notice
and the attached Appendix. All review requests for the company names listed in the Appendix have been withdrawn; no other party requested a review of these exporters.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. Because the petitioner, ASPA, and the individual companies all withdrew their requests for administrative review within 90 days of the date of publication of the
Initiation Notice,
and no other interested party requested a review of these companies, Commerce is rescinding this review with respect to the companies identified in the Appendix, in accordance with 19 CFR 351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period February 1, 2018, through January 31, 2019, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the
Federal Register
, if appropriate.
Notifications
This notice serves as a 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 the antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: May 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
Companies Rescinded From Review
1. —Bac Lieu Fisheries Joint Stock Company
—Bac Lieu Fisheries Joint Stock Company (“Bac Lieu Fis”)
—Bac Lieu Fisheries Joint Stock Company (Bac Lieu Fis)
—Bac Lieu Fisheries JSC
2. —Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (“Faquimex”)
—Ben Tre Forestry and Aquaproduct ImportExport Joint Stock Company (FAQUIMEX)
—Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (FAQUIMEX)
—Bentre Aquaproduct Import & Export Joint Stock Company
—Bentre Aquaproduct Import & Export Joint Stock Company (Aquatex Bentre)
3. —C.P. Vietnam Corporation
4. —Ca Mau Frozen Seafood Joint Stock Company (“Seaprimexco Vietnam”)
—Ca Mau Seafood Joint Stock Company (“Seaprimexco Vietnam”)
—Ca Mau Seafood Joint Stock Company (Seaprimexco Vietnam)
7. —Camau Seafood and Service Joint Stock Company (“CASES”)
—Camau Seafood and Service Joint Stock Company (Cases)
—Camau Seafood Processing and Service Joint Stock Corporation (and its affiliates, Kien Giang Branch—Camau Seafood Processing & Service Joint Stock Corporation, collectively “CASES”)
—Camau Seafood Processing and Service Joint Stock Corporation (and its affiliates, Kien Giang Branch—Camau Seafood Processing & Service Joint Stock Corporation, collectively “CASES”)
—Camau Seafood Processing and Service Joint Stock Corporation (Cases)
—Camau Seafood Processing and Service Joint-Stock Corporation, Kien Giang Branch.
8. —Can Tho Import Export Fishery Limited Company (“CAFISH”)
—Can Tho Import Export Fishery Limited Company (CAFISH)
9. —Cuulong Seaproducts Company (“Cuu Long Seapro”)
—Thong Thuan—Cam Ranh Seafood Joint Stock Company (T&T Cam Ranh)
30. —Thong Thuan Company Limited
—Thong Thuan Company Limited (“T&T”)
—Thong Thuan Company Limited (T&T)
—Cong Ty Tnhh Thong Thuan (Thong Thuan)
31. —Thong Thuan Seafood Company Limited
32. —Thuan Phuoc Seafoods and Trading Corporation
—Thuan Phuoc Seafoods and Trading Corporation (“Thuan Phuoc Corp”)
—Thuan Phuoc Seafoods and Trading Corporation and its separate factories Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory (collectively “Thuan Phuoc Corp.”)
33. —Trang Khanh Seafood Co., Ltd.
—Trang Khanh Seafood Company Limited
34. —Trung Son Seafood Processing Joint Stock Company
35. —UTXI Aquatic Products Processing Company
—UTXI Aquatic Products Processing Company (UTXICO)
—UTXI Aquatic Products Processing Corporation (“UTXICO”) (and its branch Hoang Phuong Seafood Factory and Hoang Phong Seafood Factory)
6.
See
the Petitioner's Submission, “Domestic Producers' Partial Withdrawal of Review Requests,” dated May 3, 2019; ASPA's Submission, “Partial Withdrawal of Review Requests,” dated May 3, 2019. On May 8, 2019, both the petitioner and ASPA filed additional withdrawal letters to include additional trade names that were inadvertently omitted from their initial withdrawal letters. The petitioner withdrew its requests for review covering 38 companies including name iterations. ASPA withdrew its requests for review covering 85 companies including name iterations.
7.
See
Khanh Sung Company Ltd. Submission, “Withdrawal of Request for Administrative Review,” dated May 3, 2019; Ngoc Tri Joint Stock Company and Tai Kim Seafood Joint Stock Company's Submission, “Withdrawal of Review Request, dated May 3, 2019; VASEP Submission, “Withdrawal of Review Requests,” dated May 3, 2019 (on behalf of 17 exporters and their additional trade names); Trade Pacific Submission, “Withdrawal of Request for Administrative Review,” dated May 6, 2019 (on behalf of two exporters and their additional trade names). A total of 23 Vietnamese exporters, including name iterations, withdrew their respective review requests.