78 FR 48 pgs. 15699-15703 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 2011-2012
Type: NOTICEVolume: 78Number: 48Pages: 15699 - 15703
Docket number: [A-552-802]
FR document: [FR Doc. 2013-05669 Filed 3-11-13; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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, 2011-2012
AGENCY:
Import Administration, International Trade Administration, Department of Commerce.
SUMMARY:
In response to requests from interested parties, the Department of Commerce ("Department") is conducting the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam ("Vietnam") for the period of review ("POR") February 1, 2011, through January 31, 2012. The Department has preliminarily determined that sales by the Minh Phu Group,1and Nha Trang Seafoods,2the two mandatory respondents, and Quoc Viet,3the voluntary respondent, have not been made below normal value ("NV"). Additionally, the Department has preliminarily determined not to revoke the order in part, with respect to Nha Trang Seafoods.4
Footnotes:
1 Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., Minh Phat Seafood Co., Ltd. (collectively, the "Minh Phu Group").
2 Nha Trang Seaproduct Company and its affiliates, NT Seafoods Corporation, Nhatrang Seafoods-F.89 Joint Stock Company, and NTSF Seafoods Joint Stock Company (collectively, the "Nha Trang Seafoods").
3 Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. ("Quoc Viet").
4 See "Decision Memorandum for Preliminary Results for the Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam," ("Preliminary Decision Memorandum") from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with these results at 5.
DATES:
Effective Date: March 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Bob Palmer, Irene Gorelik, and Alan Ray, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, (202) 482-6905, and (202) 482-5403, respectively.
SUPPLEMENTARY INFORMATION:
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 1605.29.10.10.5Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011), remains dispositive.
Footnotes:
5 See Preliminary Decision Memorandum for a complete description of the scope of the order.
Methodology
The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended ("the Act"). Constructed export prices and export prices have been calculated in accordance with section 772 of the Act. Because Vietnam is a nonmarket economy within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c). Specifically, the mandatory and voluntary respondent's factors of production have been valued with prices from Indonesia, which is economically comparable to Vietnam and is a significant producer of comparable merchandise.
For a full description of the methodology underlying our conclusions, please see Preliminary Decision Memorandum, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System ("IA ACCESS"). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit ("CRU"), room 7046 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://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.
Intent Not To Revoke Order in Part
We preliminarily determine6not to revoke in part the order with respect to Nha Trang Seafoods, under section 751 of the Act, because we preliminarily find that Nha Trang Seafoods has not satisfied the requirements of 19 CFR 351.222(b).7
Footnotes:
6 See Preliminary Decision Memorandum.
7 The Department recently modified the section of its regulations concerning the revocation of antidumping and countervailing duty orders in whole or in part, but that modification does not apply to this administrative review. See Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). Reference to 19 CFR 351.222(b) thus refers to the Department's regulations prior to the modification.
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to verify the information upon which we will rely in determining our final results of review with respect to the Minh Phu Group.
Preliminary Results of Review
The Departmentpreliminarily determines that the followingweighted-averagedumping margins exist:
Footnotes:
8 In AR6 VN Shrimp, the Department found the companies comprising the Minh Phu Group are a single entity and, because there have been no changes to this determination since the sixth administrative review; we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the single entity. See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Administrative Review, 77 FR 13547, 13549 (March 7, 2012), unchanged in Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 77 FR 55800 (September 11, 2012) (" AR6 VN Shrimp" ).
9 In AR5 VN Shrimp, the Department found the companies comprising Nha Trang Seafoods are a single entity and, because there have been no changes to this determination since the fifth administrative review; we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the single entity. See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results, Partial Rescission, and Request for Revocation, In Part, of the Fifth Administrative Review, 76 FR 12054, 12056 (March 4, 2012), unchanged in Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 76 FR 56158 (September 12, 2011) (" AR5 VN Shrimp" ).
10 The Department selected Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. as a voluntary respondent in this review. See Preliminary Decision Memorandum, at 3.
| Exporter | Simple average margin (percent) |
|---|---|
| Minh Phu Group:8 | 0.00 |
| Minh Phu Seafood Corp., aka | |
| Minh Phu Seafood Corporation, aka | |
| Minh Phu Seafood Pte, aka | |
| Minh Phu Hau Giang Seafood Co., Ltd., aka | |
| Minh Phat Seafood Co., Ltd., aka | |
| Minh Qui Seafood Co., Ltd., aka | |
| Minh Qui Seafood | |
| Nha Trang Seafoods:9 | 0.00 |
| Nha Trang Seaproducts Company, aka | |
| Nha Trang Seafoods, aka | |
| NT Seafoods Corporation, aka | |
| NT Seafoods, aka | |
| Nha Trang Seafoods-F.89 Joint Stock Company, aka | |
| Nha Trang Seafoods-F.89, aka | |
| NTSF Seafoods Joint Stock Company, aka | |
| NTSF Seafoods | |
| Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd.10 | 0.00 |
| Bac Lieu Fisheries Joint Stock Company, aka | 0.00 |
| Bac Lieu Fisheries Company Limited, aka | |
| Bac Lieu Fisheries Co., Ltd., aka | |
| Bac Lieu Fisheries Limited Company, aka | |
| Bac Lieu Fis | |
| BIM Seafood Joint Stock Company | 0.00 |
| Camau Frozen Seafood Processing Import Export Corporation, aka | 0.00 |
| Camimex, aka | |
| Camau Seafood Factory No. 4, aka | |
| Camau Seafood Factory No. 5, aka | |
| Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX-FAC 25), aka | |
| Frozen Factory No. 4 | |
| C.P. Vietnam Corporation, aka | 0.00 |
| C.P. Vietnam Livestock Corporation, aka | |
| C.P. Vietnam Livestock Company Limited, aka | |
| C.P. Vietnam Livestock Co., Ltd., aka | |
| C.P. Vietnam | |
| Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka | 0.00 |
| Cai Doi Vam Seafood Import-Export Company, aka | |
| Caidoivam Seafood Company, aka | |
| Cadovimex-Vietnam, aka | |
| Cadovimex | |
| Cafatex Fishery Joint Stock Corporation, aka | 0.00 |
| Cafatex Corporation, aka | |
| Cafatex Corp., aka | |
| Cafatex, aka | |
| Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), aka | |
| Cafatex, aka | |
| Taydo Seafood Enterprise, aka | |
| Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho | |
| Can Tho Import Export Fishery Limited Company, aka | 0.00 |
| CAFISH | |
| Coastal Fisheries Development Corporation, aka | 0.00 |
| COFIDEC, aka | |
| Coastal Fisheries Development Corp., aka | |
| Coastal Fisheries Development Co. aka | |
| Coastal Fisheries Development | |
| Cuu Long Seaproducts Company, aka | 0.00 |
| Cuu Long Seaproducts Limited, aka | |
| Cuulong Seapro aka | |
| Cuu Long Seapro | |
| Danang Seaproducts Import Export Corporation, aka | 0.00 |
| Danang Sea Products Import Export Corporation, aka | |
| Danang Seaproduct Import-Export Corporation, aka | |
| Danang Seaproducts Import Export, aka | |
| Tho Quang Seafood Processing & Export Company, aka | |
| Tho Quang Seafood Processing and Export Company, aka | |
| Tho Quang, aka | |
| Tho Quang Co., aka | |
| Seaprodex Danang | |
| Viet I-Mei Frozen Foods Co., Ltd., aka | 0.00 |
| Grobest & I-Mei Industrial (Vietnam) Co., Ltd., aka | |
| Grobest & I-Mei Industry (Vietnam) Co., Ltd., aka | |
| Grobest | |
| Gallant Ocean (Vietnam) Co., Ltd., aka | 0.00 |
| Gallant Ocean (Quang Ngai) Co., Ltd. | |
| Investment Commerce Fisheries Corporation, aka | 0.00 |
| Investment Commerce Fisheries Corp., aka | |
| Investment Commerce Fisheries, aka | |
| Incomfish, aka | |
| Incomfish Corp., aka | |
| Incomfish Corporation | |
| Kim Anh Company Limited, aka | 0.00 |
| Kim Anh Co, Ltd. | |
| Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka | 0.00 |
| Minh Hai Jostoco, aka | |
| Minh Hai Export Frozen Seafood Processing Joint Stock Company, aka | |
| Minh Hai Export Frozen Seafood Processing Joint-Stock Co., aka | |
| Minh-Hai Export Frozen Seafood Processing Joint-Stock Company | |
| Minh Hai Joint-Stock Seafoods Processing Company, aka | 0.00 |
| Seaprodex Minh Hai, aka | |
| Sea Minh Hai, aka | |
| Seaprodex Min Hai, aka | |
| Seaprodex Minh Hai-Factory No. 78, aka | |
| Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.), aka | |
| Seaprodex Minh Hai (Workshop 1), aka | |
| Seaprodex Minh Hai Factory No. 69 | |
| Minh Hai Sea Products Import Export Company, aka | 0.00 |
| Ca Mau Seafood Joint Stock Company, aka | |
| Seaprimexco Vietnam aka | |
| Seaprimexco aka | |
| Minh Hai Seaproducts Co Ltd. | |
| Ngoc Sinh Private Enterprise, aka | 0.00 |
| Ngoc Sinh Private Enterprises, aka | |
| Ngoc Sinh Seafoods, aka | |
| Ngoc Sinh Seafoods Processing and Trading Enterprises, aka | |
| Ngoc Sinh Seafood Processing Company, aka | |
| Ngoc Sinh Seafoods (Private Enterprise), aka | |
| Ngoc Sinh Fisheries, aka | |
| Ngoc Sinh | |
| Ngoc Tri Seafood Joint Stock Company | 0.00 |
| Nhat Duc Co., Ltd., aka | 0.00 |
| Nhat Duc | |
| Nha Trang Fisheries Joint Stock Company, aka | 0.00 |
| Nha Trang Fisco aka | |
| Nhatrang Fisheries Joint Stock Company, aka | |
| Nhatrang Fisco, aka | |
| Nha Trang Fisheries, Joint Stock | |
| Phu Cuong Jostoco Seafood Corporation, aka | 0.00 |
| Phu Cuong Seafood Processing and Import-Export Co., Ltd., aka | |
| Phu Cuong Seafood Processing and Import Export Company Limited, aka | |
| Phu Cuong Jostoco Seafood Corp. | |
| Phuong Nam Foodstuff Corp. aka | 0.00 |
| Phuong Nam, aka | |
| Phuong Nam Co., Ltd., aka | |
| Western Seafood Processing and Exporting Factory, aka | |
| Western Seafood | |
| Sao Ta Foods Joint Stock Company, aka | 0.00 |
| Fimex VN aka | |
| Sao Ta Seafood Factory aka | |
| Saota Seafood Factory | |
| Seavina Joint Stock Company, aka | 0.00 |
| Seavina | |
| Soc Trang Seafood Joint Stock Company, aka | 0.00 |
| Stapimex, aka | |
| Soc Trang Aquatic Products and General Import Export Company, aka | |
| Stapimex Soc Trans Aquatic Products and General Import Export Company, aka | |
| Stapmex | |
| Thuan Phuoc Seafoods and Trading Corporation, aka | 0.00 |
| Thuan Phuoc Corp., aka | |
| Frozen Seafoods Factory No. 32, aka | |
| Seafoods and Foodstuff Factory, aka | |
| Seafoods and Foodstuff Factory Vietnam, aka | |
| My Son Seafoods Factory | |
| UTXI Aquatic Products Processing Corporation, aka | 0.00 |
| UT XI Aquatic Products Processing Corporation, aka | |
| UTXI Aquatic Products Processing Company, aka | |
| UT XI Aquatic Products Processing Company, aka | |
| UTXI Co. Ltd., aka | |
| UTXI, aka | |
| Hoang Phuong Seafood Factory, aka | |
| Hoang Phong Seafood Factory, aka | |
| UTXICO | |
| Viet Foods Co., Ltd., aka | 0.00 |
| Nam Hai Foodstuff and Export Company Ltd. | |
| Viet Hai Seafood Co., Ltd., aka | 0.00 |
| Vietnam Fish One Co., Ltd., aka | |
| Fish One | |
| Vietnam-wide Entity | 25.76 |
Disclosure and Public Comment
The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice. Interested parties, who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety in IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.11Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. Interested parties are invited to comment on the preliminary results of this review.
Footnotes:
11 See 19 CFR 351.310(c).
Because, as noted above, the Department intends to verify the information upon which we will rely in making our final determination with respect to the Minh Phu Group, the Department 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 in this proceeding are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12
Footnotes:
12 See 19 CFR 351.309(c) and (d).
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 U.S. Customs and Border Protection ("CBP") shall assess, antidumping duties on all appropriate entries covered by this review.13The Department 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., 0.50 percent) in the final results of this review, the Department 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 and the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). In these preliminary results, the Department applied the assessment rate calculation method adopted in Final Modification for Reviews, i.e., on the basis of monthly average-to-average comparisons using only the transactions associated with that importer with offsets being provided for non-dumped comparisons. Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.14Where an importer- (or customer-) specific ad valorem is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.15
Footnotes:
13 See 19 CFR 351.212(b).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.106(c)(2).
Additionally, pursuant to a recently announced refinement to its assessment practice in NME cases, if the Department continues to determine that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number ( i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.16
Footnotes:
16 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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 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 that for the Vietnam-wide entity; 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).
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Background
2. Respondent Selection
3. Scope of the Order
4. Request for Revocation, in Part
5. Preliminary Determination of No Shipments
6. Non-Market Economy Country
7. Separate Rates
8. Separate Rate Calculation
9. Vietnam-Wide Entity
10. Surrogate Country and Surrogate Value Data
11. Surrogate Country
12. Economic Comparability
13. Significant Producers of Comparable Merchandise
14. Data Availability
15. Date of Sale
16. Fair Value Comparisons
17. Targeted Dumping
18. Results of Targeted Dumping Analysis
19. U.S. Price
20. Factor Valuations
21. Currency Conversion
[FR Doc. 2013-05669 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P