Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Partial Rescission of the First Administrative Review, 42628-42630 [E6-11969]
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42628
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
accordance with 19 CFR 351.213(b)(2),
for an administrative review of the
antidumping duty order on ironing
tables and parts thereof from the PRC,
which has an August annual
anniversary month. On September 20,
2005, the Department initiated a review
with respect to Since Hardware, Shunde
Yongjiang, and Forever Holdings. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 56631 (September 28, 2005).
On April 19, 2006, in accordance with
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(h)(2), the Department extended
the deadline for the preliminary results
of review until August 4, 2006. See
Floor–Standing, Metal–Top Ironing
Tables and Parts Thereof from the
People’s Republic of China: Extension of
Time Limit for Preliminary Results of
the First Administrative Review, 71 FR
20076 (April 19, 2006).
Additional Extension of Time Limits for
the Preliminary Results
Section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1) require the
Department to issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of the order or
suspension agreement for which the
administrative review was requested,
and the final results of the review
within 120 days after the date on which
the notice of the preliminary results was
published in the Federal Register.
However, if the Department determines
that it is not practicable to complete the
review within this time period, section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2) allow the Department to
extend the 245-day period to 365 days
and the 120-day period to 180 days.
Pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), we
determine that it is not practicable to
complete this administrative review
within the statutory time limit of 245
days. The Department requires
additional time to analyze outstanding
supplemental questionnaire responses
for both Since Hardware and Shunde
Yongjian regarding their factors of
production and time to issue additional
supplemental questionnaires, if
necessary. Therefore, in accordance
with section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(2), the Department is
fully extending the time limit for the
completion of these preliminary results
by an additional 27 days to August 31,
2006. The final results, in turn, will be
due 120 days after the date of issuance
of the preliminary results, unless
extended.
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16:46 Jul 26, 2006
Jkt 208001
This notice is issued and published in
accordance with section 751(a)(3)(A) of
the Act.
Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11970 Filed 7–26–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–552–802
Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam:
Partial Rescission of the First
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Matthew Renkey,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington D.C. 20230;
telephone: (202) 482–3797 and (202)
482–2312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 7, 2006, the Department
published in the Federal Register a
notice of initiation listing 84 firms for
which it received timely requests for an
administrative review of this
antidumping duty order. See Notice of
Initiation of Administrative Reviews of
the Antidumping Duty Orders on
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam and
the People’s Republic of China, 71 FR
17813 (April 7, 2006) (‘‘Initiation
Notice’’). The period of review (POR) is
July 16, 2004 through January 31, 2006.
On May 3, 2006, the following
Respondents withdrew their review
requests: Sao Ta Foods Joint Stock
company, Fimex VN, and Sao Ta
Seafood Factory (collectively, Fimex);
Phuong Nam Co., Ltd.; and Vietnam
Fish One Co., Ltd.
On June 2, 2006, Petitioner1 withdrew
its request for an administrative review
of 27 companies, some of which were
duplicate names:2 Cai Doi Vam Seafood
1 Ad Hoc Shrimp Trade Action Committee
(‘‘Petitioner’’).
2 The companies which have a ‘‘*’’ attached to
their names are duplicate companies. Specifically,
Coastal Fishery Development is the same as Coastal
Fisheries Development Corporation (Cofidec); C P
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Import–Export Company (Cadovimex);
Camau Frozen Seafood Processing
Import Export Corporation (Camimex);
Cantho Animal Fisheries Product
Processing Export Enterprise (Cafatex);
Coastal Fishery Development;* Coastal
Fisheries Development Corporation
(Cofidec);* C P Vietnam Livestock Co.
Ltd.;* C P Livestock;* Cuu Long
Seaproducts Limited (Cuulong Seapro);
Danang Seaproducts Import Export
Corporation (Seaprodex Danang);
Frozen Seafoods Fty; Minh Hai Export
Frozen Seafood Processing Joint Stock
Company;* Minh Hai Export Frozen
Seafoods Processing Joint Stock
Company (Minh Hai Jostoco);* Minh
Hai Joint Stock Seafoods Processing
Company (Seaprodex Minh Hai); Minh
Hai Sea Products Import Export
Company (Seaprimiex Co); Minh Phat
Seafood;* Minh Phu Seafood
Corporation;* Minh Qui Seafood;* Ngoc
Sinh Seafoods; Nha Trang Seaproduct
Company (Nhatrang Seafoods); Phu
Cuong Seafood Processing and Import
Export Company Ltd. (Phu Cuong); Soc
Trang Aquatic Products and General
Import Export Company (Stapimex);*
Soc Trang Aquatic Products and General
Import Export Company (Stapimex)- 2nd
address;* Tho Quang Seafood
Processing & Export Company (Tho
Quang); Thuan Phuoc Seafoods and
Trading Corporation (Thuan Phuoc);
UTXI Aquatic Products Processing
Company; Viet Foods Co. Ltd.; and Vinh
Loi Import Export Company (Vimexco).
On June 9, 2006, Petitioner withdrew
its request for an administrative review
on seven additional companies:3
Agrimex; Hacota; Hoa Nam Marine
Agricultural; Pataya Food Industry
(Vietnam) Ltd. (Pataya); Seafood
Processing Imports Exports Vietnam;
Thien Ma Seafood; and Vita.
On June 20, 2006, Petitioner withdrew
its request for an administrative review
on one additional company, Amanda
Foods (Vietnam) Ltd. (AVF), and on
June 29, 2006, Petitioner withdrew its
request for review for three companies
appearing in its review request letter of
February 28, 2006: Phuong Nam Co.
Vietnam Livestock Co. Ltd. is the same as C P
Livestock; Minh Hai Export Frozen Seafood
Processing Joint Stock Company is the same as
Minh Hai Export Frozen Seafoods Processing Joint
Stock Company (Minh Hai Jostoco); Minh Phat
Seafood, Minh Phu Seafood Corporation, and Minh
Qui Seafood are collectively known as Minh Phu
Group; Soc Trang Aquatic Products and General
Import Export Company (Stapimex) is the same as
Soc Trang Aquatic Products and General Import
Export Company (Stapimex)- 2nd address.
3 None of these companies are duplicate names.
However, two of these companies (i.e., Thien Ma
Seafood and Pataya) claimed that they made no
shipments of the subject merchandise to the United
States during the POR. See the Partial Rescission
Section below for further discussion.
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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
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Ltd.; Phuong Nam Seafood Co.
Ltd.*;and Sao Ta Foods Joint Stock
Company (Fimex VN). On June 30,
2006, Petitioner withdrew its review
request for Can Tho Agricultural and
Animal Products Import Export
Company (Cataco), and Cataco
withdrew its own request for review on
July 3, 2006. On July 6, 2006, Cataco
clarified that during the POR, it also
exported under the name Can Tho
Seafood Export, and that its withdrawal
letter also covers that name.
Also on July 6, 2006, Petitioner
withdrew its review requests for 29
additional companies: AAAS Logistics;
American Container Line; Angiang
Agricultural Technology Service
Company; An Giang Fisheries Import
and Export Joint Stock Company
(Agifish); Bentre Frozen Aquaproduct
Exports; Bentre Aquaproduct Imports &
Exports; Can Tho Agricultural Products;
Can Tho Seafood Exports; Cautre
Enterprises; Dong Phuc Huynh; General
Imports & Exports; Grobest & I Mei
Industry Vietnam (Grobest); Hai Thuan
Export Seaproducts Processing Co. Ltd.;
Hai Viet; Hatrang Frozen Seaproduct
Fty; Khanh Loi Trading; Kim Anh Co.
Ltd.; Lamson Import–Export Foodstuffs
Corporation; Saigon Orchide; Sea
Product; Sonacos; Special Aquatic
Products Joint Stock Company
(Seaspimex); Tacvan Frozen Seafoods
Processing Export Company; Thami
Shipping & Airfreight; Thanh Long;
Tourism Material and Equipment
Company (Matourimex Hochiminh City
Branch); Truc An Company; Vietnam
Northern Viking Technologie Co. Ltd.;
and Vilfood Co.
Partial Rescission
Pursuant to section 351.213(d)(1) of
the Department’s regulations, the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within ninety days of the
date of publication of notice of initiation
of the requested review.
Because the Petitioner’s and certain
Respondent’s requests were timely, in
accordance with section 351.213(d)(1) of
the Department’s regulations, we are
rescinding this review with respect to
the following 34 companies: AVF;
Cadovimex; Camimex; Cafatex; Cataco;
Can Tho Seafood Exports*; Coastal
Fishery Development; Cofidec; C P
Vietnam Livestock Co. Ltd.; C P
Livestock; Cuulong Seapro; Seaprodex
Danang; Fimex VN; Frozen Seafoods
Fty4; Minh Hai Export Frozen Seafood
4 Frozen Seafoods Fty is a subsidiary of Thuan
Phuoc. We note that the full name of this company
is Frozen Seafoods Factory No. 32. The Department
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16:46 Jul 26, 2006
Jkt 208001
Processing Joint Stock Company; Minh
Hai Jostoco; Seaprodex Minh Hai;
Seaprimiex Co; Minh Phat; Minh Phu;
Minh Qui; Ngoc Sinh Seafoods (aka
Ngoc Sinh Private Enterprise); Nhatrang
Seafoods; Phuong Nam Co. Ltd.; Phuong
Nam Seafood Co. Ltd.*; Phu Cuong;
Stapimex (both addresses); Tho Quang5;
Thuan Phuoc Seafoods and Trading
Corporation; UTXI Aquatic Products
Processing Company; Viet Foods Co.
Ltd.; Vimexco; and Pataya. We are not
rescinding the review with respect to
Vietnam Fish One Co., Ltd. since
Petitioners still have an active review
request for that company.
In addition, the Department is
rescinding this review with respect to
the following 34 additional companies
which did not receive a separate rate in
the prior segment (the less–than-fair–
value investigation) of this proceeding:
Agrimex; Hacota; Hoa Nam Marine
Agricultural; Seafood Processing
Imports Exports Vietnam; Vita; AAAS
Logistics; American Container Line;
Angiang Agricultural Technology
Service Company; Agifish; Bentre
Frozen Aquaproduct Exports; Bentre
Aquaproduct Imports & Exports*; Can
Tho Agricultural Products; Cautre
Enterprises; Dong Phuc Huynh; General
Imports & Exports; Grobest; Hai Thuan
Export Seaproducts Processing Co. Ltd.;
Hai Viet; Hatrang Frozen Seaproduct
Fty; Kim Anh Co. Ltd.; Lamson Import–
Export Foodstuffs Corporation; Saigon
Orchide; Sea Product; Sonacos;
Seaspimex; Tacvan Frozen Seafoods
Processing Export Company; Thami
Shipping & Airfreight; Thanh Long;
Matourimex Hochiminh City Branch;
Truc An Company; Vietnam Northern
Viking Technologie Co. Ltd.; Thien Ma
Seafood; Khanh Loi Trading; and
Vilfood Co. For purposes of initiation of
this administrative review, the
Department accepted requests for
review of these entities based upon the
premise that such entities would seek to
demonstrate in this review that they
were, in law and in fact, separate from
the Vietnam–wide entity, and therefore
included Frozen Seafoods Fty as part of the Thuan
Phuoc entity when granting that entity separate rate
status in the original investigation. See Notice of
Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order:
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005). In its separate rate certification
filed on April 28, 2006, Thuan Phuoc reported that
this relationship remained unchanged during the
POR.
5 Tho Quang is a subsidiary of Seaprodex Danang.
The Department included Tho Quang as part of the
Seaprodex Danang entity when granting that entity
separate rate status in the original investigation. Id.
In its separate rate certification filed on May 5,
2006, Seaprodex Danang reported that this
relationship remained unchanged during the POR.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
42629
entitled to a rate separate from the rate
established for the Vietnam–wide entity.
However, as the requests for review of
these entities have been withdrawn,
these entities may be subject to this
review as part of the single Vietnam–
wide entity. Therefore, the Department
will provide assessment instructions to
the U.S. Customs and Border Protection
(‘‘CBP’’) for these entities after the final
results of this administrative review.
Assessment Rates
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. For those
companies for which this review has
been rescinded, antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
will issue appropriate assessment
instructions directly to CBP within 15
days of publication of this notice.
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded, as of the publication
date of this notice, 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
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/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 section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
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42630
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc.E6–11969 Filed 7–26–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–806]
Notice of Extension of Time Limit for
the Preliminary Results of
Antidumping Duty Administrative
Review: Certain Hot- Rolled Carbon
Steel Flat Products from Romania
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is extending the time limit for
completion of the preliminary results of
the administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Romania until October 16, 2006. The
period of review is November 1, 2004,
through October 31, 2005.
EFFECTIVE DATE: July 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Dunyako Ahmadu, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–0198.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 22, 2005, the
Department of Commerce (the
Department) published a notice of
initiation of the 2004–2005 antidumping
duty administrative review of this order
covering Mittal Steel Galati S.A.
(formerly Ispat Sidex S.A). See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 70 FR
76024 (December 22, 2004).
rwilkins on PROD1PC63 with NOTICES
Extension of Time Limit for Preliminary
Results
The Tariff Act of 1930, as amended
(the Act), provides at section
751(a)(3)(A) that the Department will
issue the preliminary results of an
administrative review of an
antidumping duty order within 245
days after the last day of the anniversary
month of the date of publication of the
order. Section 751(a)(3)(A) of the Act
provides further that, if the Department
determines that it is not practicable to
complete the review within this time
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16:46 Jul 26, 2006
Jkt 208001
period, the Department may extend the
245-day period to 365 days.
The Department has determined that
it is not practicable to complete the
preliminary results by the current
deadline of August 2, 2006, because it
received a request to conduct a sales–
below-cost investigation on July 11,
2006. Additional time is necessary to
consider whether to initiate a sales–
below-cost investigation, give MS Galati
an opportunity to provide relevant
information, review MS Galati’s
response, and, if appropriate, conduct
the cost analysis as part of the
calculation of the weighted–average
margin for MS Galati.
Therefore, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2), the Department is
extending the time limit for the
preliminary results by 75 days to
October 16, 2006.
We are issuing this notice in
accordance with section 751(a)(3)(A) of
the Act.
Dated: July 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11972 Filed 7–26–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Notice of Extension of Deadline for the
Preliminary Results of Antidumping
Duty Administrative Review:
Polyethylene Retail Carrier Bags from
Thailand
Import Administration,
International Trade Administration,
Department of Commerce,
EFFECTIVE DATE: July 27, 2006.
FOR FURTHER INFORMATION CONTACT: Lyn
Johnson or Richard Rimlinger, AD/CVD
Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5287 and (202)
482–4477, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Extension of Deadline
Frm 00006
Fmt 4703
Sfmt 4703
Dated: July 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11971 Filed 7–26–06; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
At the request of various parties, the
Department of Commerce (the
Department) initiated an administrative
review of the antidumping duty order
on polyethylene retail carrier bags from
Thailand for the period January 26,
2004, through July 31, 2005. See
PO 00000
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 56631 (September 28, 2005).
Section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue preliminary results
of review within 245 days after the last
day of the anniversary month of an
order for which a review is requested
and final results within 120 days after
the date on which the preliminary
results were published. If it is not
practicable to complete the review
within these time periods, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the preliminary results to a maximum of
365 days after the last day of the
anniversary month.
On April 26, 2006, the Department
published a notice extending the
preliminary results for this review by 90
days until August 1, 2006. See Notice of
Extension of Deadline for the
Preliminary Results of Antidumping
Duty Administrative Review:
Polyethylene Retail Carrier Bags from
Thailand, 71 FR 24641 (April 26, 2006).
Since the publication of the extension
notice, the Department conducted
home–market sales and cost
verifications of two of the seven
respondents involved in this review and
has a number of issues to address as a
result of these verifications. In addition,
the Department must also address
several complex issues raised in recent
filings by interested parties involving,
among others, costs of production,
affiliated–party inputs, direct material
expenses, and sales reporting.
Due to the complexity of the issues in
this review, the Department needs
additional time to conduct its analysis.
Therefore, we are extending the
deadline for issuing the preliminary
results of this review by an additional
30 days until August 31, 2006.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
International Trade Administration
Applications for Duty–Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
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Agencies
[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Notices]
[Pages 42628-42630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11969]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-552-802
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Partial Rescission of the First Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 27, 2006.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Matthew Renkey, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington D.C. 20230; telephone: (202) 482-
3797 and (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2006, the Department published in the Federal Register
a notice of initiation listing 84 firms for which it received timely
requests for an administrative review of this antidumping duty order.
See Notice of Initiation of Administrative Reviews of the Antidumping
Duty Orders on Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam and the People's Republic of China, 71 FR 17813
(April 7, 2006) (``Initiation Notice''). The period of review (POR) is
July 16, 2004 through January 31, 2006.
On May 3, 2006, the following Respondents withdrew their review
requests: Sao Ta Foods Joint Stock company, Fimex VN, and Sao Ta
Seafood Factory (collectively, Fimex); Phuong Nam Co., Ltd.; and
Vietnam Fish One Co., Ltd.
On June 2, 2006, Petitioner\1\ withdrew its request for an
administrative review of 27 companies, some of which were duplicate
names:\2\ Cai Doi Vam Seafood Import-Export Company (Cadovimex); Camau
Frozen Seafood Processing Import Export Corporation (Camimex); Cantho
Animal Fisheries Product Processing Export Enterprise (Cafatex);
Coastal Fishery Development;[ast] Coastal Fisheries Development
Corporation (Cofidec);[ast] C P Vietnam Livestock Co. Ltd.;[ast] C P
Livestock;[ast] Cuu Long Seaproducts Limited (Cuulong Seapro); Danang
Seaproducts Import Export Corporation (Seaprodex Danang); Frozen
Seafoods Fty; Minh Hai Export Frozen Seafood Processing Joint Stock
Company;[ast] Minh Hai Export Frozen Seafoods Processing Joint Stock
Company (Minh Hai Jostoco);[ast] Minh Hai Joint Stock Seafoods
Processing Company (Seaprodex Minh Hai); Minh Hai Sea Products Import
Export Company (Seaprimiex Co); Minh Phat Seafood;[ast] Minh Phu
Seafood Corporation;[ast] Minh Qui Seafood;[ast] Ngoc Sinh Seafoods;
Nha Trang Seaproduct Company (Nhatrang Seafoods); Phu Cuong Seafood
Processing and Import Export Company Ltd. (Phu Cuong); Soc Trang
Aquatic Products and General Import Export Company (Stapimex);[ast] Soc
Trang Aquatic Products and General Import Export Company (Stapimex)-
2\nd\ address;[ast] Tho Quang Seafood Processing & Export Company (Tho
Quang); Thuan Phuoc Seafoods and Trading Corporation (Thuan Phuoc);
UTXI Aquatic Products Processing Company; Viet Foods Co. Ltd.; and Vinh
Loi Import Export Company (Vimexco).
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\1\ Ad Hoc Shrimp Trade Action Committee (``Petitioner'').
\2\ The companies which have a ``[ast]'' attached to their names
are duplicate companies. Specifically, Coastal Fishery Development
is the same as Coastal Fisheries Development Corporation (Cofidec);
C P Vietnam Livestock Co. Ltd. is the same as C P Livestock; Minh
Hai Export Frozen Seafood Processing Joint Stock Company is the same
as Minh Hai Export Frozen Seafoods Processing Joint Stock Company
(Minh Hai Jostoco); Minh Phat Seafood, Minh Phu Seafood Corporation,
and Minh Qui Seafood are collectively known as Minh Phu Group; Soc
Trang Aquatic Products and General Import Export Company (Stapimex)
is the same as Soc Trang Aquatic Products and General Import Export
Company (Stapimex)- 2\nd\ address.
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On June 9, 2006, Petitioner withdrew its request for an
administrative review on seven additional companies:\3\ Agrimex;
Hacota; Hoa Nam Marine Agricultural; Pataya Food Industry (Vietnam)
Ltd. (Pataya); Seafood Processing Imports Exports Vietnam; Thien Ma
Seafood; and Vita.
---------------------------------------------------------------------------
\3\ None of these companies are duplicate names. However, two of
these companies (i.e., Thien Ma Seafood and Pataya) claimed that
they made no shipments of the subject merchandise to the United
States during the POR. See the Partial Rescission Section below for
further discussion.
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On June 20, 2006, Petitioner withdrew its request for an
administrative review on one additional company, Amanda Foods (Vietnam)
Ltd. (AVF), and on June 29, 2006, Petitioner withdrew its request for
review for three companies appearing in its review request letter of
February 28, 2006: Phuong Nam Co.
[[Page 42629]]
Ltd.; Phuong Nam Seafood Co. Ltd.[ast];and Sao Ta Foods Joint Stock
Company (Fimex VN). On June 30, 2006, Petitioner withdrew its review
request for Can Tho Agricultural and Animal Products Import Export
Company (Cataco), and Cataco withdrew its own request for review on
July 3, 2006. On July 6, 2006, Cataco clarified that during the POR, it
also exported under the name Can Tho Seafood Export, and that its
withdrawal letter also covers that name.
Also on July 6, 2006, Petitioner withdrew its review requests for
29 additional companies: AAAS Logistics; American Container Line;
Angiang Agricultural Technology Service Company; An Giang Fisheries
Import and Export Joint Stock Company (Agifish); Bentre Frozen
Aquaproduct Exports; Bentre Aquaproduct Imports & Exports; Can Tho
Agricultural Products; Can Tho Seafood Exports; Cautre Enterprises;
Dong Phuc Huynh; General Imports & Exports; Grobest & I Mei Industry
Vietnam (Grobest); Hai Thuan Export Seaproducts Processing Co. Ltd.;
Hai Viet; Hatrang Frozen Seaproduct Fty; Khanh Loi Trading; Kim Anh Co.
Ltd.; Lamson Import-Export Foodstuffs Corporation; Saigon Orchide; Sea
Product; Sonacos; Special Aquatic Products Joint Stock Company
(Seaspimex); Tacvan Frozen Seafoods Processing Export Company; Thami
Shipping & Airfreight; Thanh Long; Tourism Material and Equipment
Company (Matourimex Hochiminh City Branch); Truc An Company; Vietnam
Northern Viking Technologie Co. Ltd.; and Vilfood Co.
Partial Rescission
Pursuant to section 351.213(d)(1) of the Department's regulations,
the Secretary will rescind an administrative review, in whole or in
part, if a party who requested the review withdraws the request within
ninety days of the date of publication of notice of initiation of the
requested review.
Because the Petitioner's and certain Respondent's requests were
timely, in accordance with section 351.213(d)(1) of the Department's
regulations, we are rescinding this review with respect to the
following 34 companies: AVF; Cadovimex; Camimex; Cafatex; Cataco; Can
Tho Seafood Exports[ast]; Coastal Fishery Development; Cofidec; C P
Vietnam Livestock Co. Ltd.; C P Livestock; Cuulong Seapro; Seaprodex
Danang; Fimex VN; Frozen Seafoods Fty\4\; Minh Hai Export Frozen
Seafood Processing Joint Stock Company; Minh Hai Jostoco; Seaprodex
Minh Hai; Seaprimiex Co; Minh Phat; Minh Phu; Minh Qui; Ngoc Sinh
Seafoods (aka Ngoc Sinh Private Enterprise); Nhatrang Seafoods; Phuong
Nam Co. Ltd.; Phuong Nam Seafood Co. Ltd.[ast]; Phu Cuong; Stapimex
(both addresses); Tho Quang\5\; Thuan Phuoc Seafoods and Trading
Corporation; UTXI Aquatic Products Processing Company; Viet Foods Co.
Ltd.; Vimexco; and Pataya. We are not rescinding the review with
respect to Vietnam Fish One Co., Ltd. since Petitioners still have an
active review request for that company.
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\4\ Frozen Seafoods Fty is a subsidiary of Thuan Phuoc. We note
that the full name of this company is Frozen Seafoods Factory No.
32. The Department included Frozen Seafoods Fty as part of the Thuan
Phuoc entity when granting that entity separate rate status in the
original investigation. See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 70
FR 5152 (February 1, 2005). In its separate rate certification filed
on April 28, 2006, Thuan Phuoc reported that this relationship
remained unchanged during the POR.
\5\ Tho Quang is a subsidiary of Seaprodex Danang. The
Department included Tho Quang as part of the Seaprodex Danang entity
when granting that entity separate rate status in the original
investigation. Id. In its separate rate certification filed on May
5, 2006, Seaprodex Danang reported that this relationship remained
unchanged during the POR.
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In addition, the Department is rescinding this review with respect
to the following 34 additional companies which did not receive a
separate rate in the prior segment (the less-than-fair-value
investigation) of this proceeding: Agrimex; Hacota; Hoa Nam Marine
Agricultural; Seafood Processing Imports Exports Vietnam; Vita; AAAS
Logistics; American Container Line; Angiang Agricultural Technology
Service Company; Agifish; Bentre Frozen Aquaproduct Exports; Bentre
Aquaproduct Imports & Exports[ast]; Can Tho Agricultural Products;
Cautre Enterprises; Dong Phuc Huynh; General Imports & Exports;
Grobest; Hai Thuan Export Seaproducts Processing Co. Ltd.; Hai Viet;
Hatrang Frozen Seaproduct Fty; Kim Anh Co. Ltd.; Lamson Import-Export
Foodstuffs Corporation; Saigon Orchide; Sea Product; Sonacos;
Seaspimex; Tacvan Frozen Seafoods Processing Export Company; Thami
Shipping & Airfreight; Thanh Long; Matourimex Hochiminh City Branch;
Truc An Company; Vietnam Northern Viking Technologie Co. Ltd.; Thien Ma
Seafood; Khanh Loi Trading; and Vilfood Co. For purposes of initiation
of this administrative review, the Department accepted requests for
review of these entities based upon the premise that such entities
would seek to demonstrate in this review that they were, in law and in
fact, separate from the Vietnam-wide entity, and therefore entitled to
a rate separate from the rate established for the Vietnam-wide entity.
However, as the requests for review of these entities have been
withdrawn, these entities may be subject to this review as part of the
single Vietnam-wide entity. Therefore, the Department will provide
assessment instructions to the U.S. Customs and Border Protection
(``CBP'') for these entities after the final results of this
administrative review.
Assessment Rates
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For those companies for which this review has
been rescinded, antidumping duties shall be assessed at rates equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate
assessment instructions directly to CBP within 15 days of publication
of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
[[Page 42630]]
Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc.E6-11969 Filed 7-26-06; 8:45 am]
BILLING CODE 3510-DS-S