Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Antidumping Duty Administrative Review and First New Shipper Review, 52052-52055 [E7-17991]

Download as PDF 52052 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices CERTAIN FROZEN WARMWATER SHRIMP FROM THE PRC Weighted-average margin (percent) Manufacturer/exporter Yelin Enterprise Co. Hong Kong ............................................................................................................................................. Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd ............................................................................................................ Allied Pacific (H.K.) Co. Ltd ..................................................................................................................................................... Zhanjiang Evergreen Aquatic Product Science and Technology Co. Ltd ............................................................................... Zhoushan Huading Seafood Co., Ltd ...................................................................................................................................... PRC-wide Rate (including Red Garden and Meizhou) ........................................................................................................... 0.44 4 53.68 53.68 53.68 225.62 112.81 4 See Preliminary Results at 10654–10655 for a discussion of how the Department determined the separate rate margin for cooperative companies. Assessment of Antidumping Duties The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. For assessment purposes for companies with a calculated rate, where possible, we calculated importerspecific assessment rates for certain frozen warmwater shrimp from the PRC via ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales during the POR. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. jlentini on PROD1PC65 with NOTICES For details on the calculation of the antidumping duty margin for Yelin, see Memorandum to the File, through Scot T. Fullerton, Program Manager, from Erin C. Begnal, Senior International Trade Analyst, regarding Certain Frozen Warmwater Shrimp from the People’s Republic of China—Analysis Memorandum for the Final Results of Administrative Review of Yelin Enterprise Co. Hong Kong (September 5, 2007). A public version of this memorandum is on file in the Central Records Unit. assigned in that segment of the proceeding; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate (including Red Garden and Meizhou), the cash-deposit rate will be the PRC-wide rate of 112.81 percent; (4) for all non-PRC exporters of subject merchandise, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These reviews and notice are in accordance with sections 751(a)(1), 751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Cash Deposits The following cash-deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equivalent to the company-specific weightedaverage margin established in this review; (2) for PRC exporters who received a separate rate in a prior segment of the proceeding, but were not reviewed in this review, the cash deposit rate will continue to be the rate VerDate Aug<31>2005 18:43 Sep 11, 2007 Jkt 211001 Dated: September 5, 2007. David M. Spooner, Assistant Secretary for Import Administration. Company-Specific Issues Comment 9: Yelin’s Carton Consumption Comment 10: Application of Partial Adverse Facts Available to Yelin Comment 11: Ocean Duke’s Reported Costs A. Warehousing Expenses B. Additional Ocean Duke Expenses Comment 12: Multinational Corporation Provision Comment 13: Valuation of Yelin’s Purchased Raw Shrimp Comment 14: Treatment of Guolian Aquatic Products Comment 15: Treatment of Allied Pacific Group Comment 16: The Bona Fides of Asian Seafoods’ Single POR Sale A. Price B. Irregularities Regarding the Customer Correspondence Submitted in the Review C. Atypical Terms of Sale D. Other Indicia Of Non-Bona Fide Transaction E. Calculation of Rate For Assessment Purposes F. Assignment of the PRC-Wide Rate to Asian Seafoods Comment 17: The Bona Fides of Hai Li’s Single POR Sale A. Price B. Involvement of Third Parties in Hai Li’s Sale C. Irregularities Regarding Hai Li’s Packaging Materials D. Other Indicia of a Non-Bona Fide Transaction E. Calculation of Rate For Assessment Purposes [FR Doc. 07–4495 Filed 9–11–07; 8:45 am] BILLING CODE 3510–DS–P Appendix I General Issues Comment 1: Shrimp Feed Valuation Comment 2: Selection of Financial Statements Comment 3: Adjustments to Surrogate Financial Ratios A. Carriage and Freight B. Labor-Related Expenses Comment 4: Wage Rate Comment 5: Refrigerated Truck Freight Valuation Comment 6: Raw Shrimp Valuation Comment 7: By-Product Surrogate Valuation Comment 8: Clerical Error in Calculating the Raw Shrimp Surrogate Value PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Antidumping Duty Administrative Review and First New Shipper Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices SUMMARY: On March 9, 2007, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the first administrative and new shipper reviews of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’). See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of the First Administrative Review and New Shipper Review, 72 FR 10689 (March 9, 2007) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the period of review (‘‘POR’’) July 16, 2004, through January 31, 2006. EFFECTIVE DATE: September 12, 2007. FOR FURTHER INFORMATION CONTACT: Nicole Bankhead or Matthew Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–9068 and (202) 482–2312, respectively. SUPPLEMENTARY INFORMATION: Background On May 15, 2007, we extended the time limit for the completion of the final results of these reviews, including our analysis of issues raised in case or rebuttal briefs, until September 5, 2007. See Certain Frozen Warmwater Shrimp from Brazil, Ecuador, India, the People’s Republic of China, the Socialist Republic of Vietnam, and Thailand; Notice of Extension of Time Limit for Final Results of Administrative and New Shipper Reviews, 72 FR 27286 (May 15, 2007). We invited parties to comment on the Preliminary Results. On March 29, 2007, Grobest & I-Mei Industrial (Vietnam) Co., Ltd. (‘‘Grobest’’) and Petitioners 1 filed surrogate values. Grobest, Vietnam Fish One Co., Ltd. (‘‘Fish One’’), and Petitioners 2 filed case briefs on April jlentini on PROD1PC65 with NOTICES 1 Ad Hoc Shrimp Trade Action Committee. 2 Petitioners re-filed their case brief on April 27, 2007, based on a letter issued by the Department requiring that they correct their bracketing. See Letter from Alex Villanueva to Brad Ward, Re: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Refiling of Case Brief, dated April 23, 2007. The Department placed Petitioners’case brief on the record of the new shipper review, as they originally only filed it on the record of the administrative review. VerDate Aug<31>2005 18:43 Sep 11, 2007 Jkt 211001 16, 2007, and rebuttal briefs on May 1, 2007. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to these reviews are addressed in the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the First Administrative Review and New Shipper Reviews, dated September 5, 2007, which is hereby adopted by this notice (‘‘Issues and Decision Memo’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as an Appendix. The Issues and Decision Memo is a public document and is on file in the Central Records Unit CRU, Main Commerce Building, Room B–099, and is accessible on the Web at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of information on the record of these reviews, and comments received from the interested parties, we have made changes to the margin calculations for certain respondents. We have revalued several of the surrogate values used in the Preliminary Results. The values that were modified for these final results are those for leaflets and surrogate financial ratios. For further details see Issues and Decision Memo at Comments 10 and 11 and Antidumping Duty Administrative and New Shipper Reviews of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Surrogate Values for the Final Results, dated September 5, 2007. In addition, we have made some company-specific changes since the Preliminary Results. Specifically, we have incorporated, where applicable, post-preliminary clarifications, and performed clerical error corrections for both Grobest and Fish One. For further details on these company-specific changes, see Issues and Decision Memo at Comments 9 through 11.3 3 The specific calculation changes for Fish One can be found in Memorandum First Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis for the Final Results of Vietnam Fish One Co., Ltd., dated September 5, 2007. The specific calculation changes for Grobest can be found in Memorandum First New Shipper Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis for the Final Results of Grobest & I-Mei Industrial (Vietnam) Co., Ltd., dated September 5, 2007. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 52053 Scope of the Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,4 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp. 4 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\12SEN1.SGM 12SEN1 52054 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices Dusted shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classified under the following HTSUS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive. jlentini on PROD1PC65 with NOTICES Separate Rates In our Preliminary Results, we determined that Fish One 5 and Grobest,6 in addition to Nha Trang Fisco, Bac Lieu Fisheries, Cam Ranh Seafoods, and Incomfish,7 met the criteria for the application of a separate rate. We have not received any information or comments since the issuance of the Preliminary Results that provides a basis for reconsideration of these determinations. Therefore, the Department continues to find each of these entities meet the criteria for a separate rate. Fish One In the Preliminary Results we found that Fish One failed to act to the best of its ability to comply with the Department’s requests for information regarding certain factors of production. We therefore applied partial adverse facts available, pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended (‘‘the Act’’), to Fish One for salt2 and marinade for the reasons set out in the Preliminary Results. See 5 The one mandatory participating respondent of this administrative review. 6 The new shipper company under review. 7 The non-selected respondents of this administrative review seeking a separate rate. VerDate Aug<31>2005 18:43 Sep 11, 2007 Jkt 211001 Preliminary Results, 72 FR at 10692. Fish One filed comments regarding the application of partial adverse facts available; however, we continue to find that partial adverse facts available is appropriate. See Issues and Decision Memorandum at Comment 8. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication Final Results of the Reviews date, as provided for by section The Department has determined that 751(a)(2)(C) of the Act: (1) For subject the following final dumping margins merchandise produced and exported by exist for the period July 16, 2004, Grobest, the cash-deposit rate will be through January 31, 2006: that established in these final results of new shipper reviews; (2) for subject CERTAIN FROZEN WARMWATER merchandise exported by Grobest but SHRIMP FROM VIETNAM not manufactured by Grobest, the cash deposit rate will continue to be the WeightedVietnamese-wide rate (i.e., 25.76 average Manufacturer/exporter percent); (3) for the other exporters margin listed above, the cash deposit rate will (percent) be established in these final results of Produced and Exported by review (except, if the rate is zero or de Grobest ................................. 0.00 minimis, i.e., less than 0.5 percent, no Fish One ................................... 0.00 cash deposit will be required for that 8 4.57 Nha Trang Fisco ....................... company); (4) for previously Bac Lieu Fisheries .................... 4.57 Cam Ranh Seafoods ................ 4.57 investigated or reviewed Vietnamese Incomfish .................................. 4.57 and non-Vietnamese exporters not listed Vietnam-Wide Rate 9 ................ 25.76 above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the The Department will disclose most recent period; (5) for all calculations performed for these final results to the parties within five days of Vietnamese exporters of subject merchandise which have not been the date of publication of this notice in found to be entitled to a separate rate, accordance with 19 CFR 351.224(b). the cash deposit rate will be the Assessment Rates Vietnamese-wide rate of 25.76 percent; Upon issuance of the final results, the and (6) for all non-Vietnamese exporters of subject merchandise which have not Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) received their own rate, the cash deposit rate will be the rate applicable to the shall assess, antidumping duties on all Vietnamese exporters that supplied that appropriate entries. The Department intends to issue assessment instructions non-Vietnamese exporter. These deposit requirements, when imposed, shall to CBP 15 days after the date of remain in effect until further notice. publication of the final results of review. Pursuant to 19 CFR Notification of Interested Parties 351.212(b)(1), we will calculate This notice serves as a final reminder importer-specific (or customer) ad to importers of their responsibility valorem duty assessment rates based on under 19 CFR 351.402(f)(2) to file a the ratio of the total amount of the certificate regarding the reimbursement dumping margins calculated for the of antidumping duties prior to examined sales to the total entered liquidation of the relevant entries value of those same sales. We will during the review period. Pursuant to 19 instruct CBP to assess antidumping CFR 351.402(f)(3), failure to comply duties on all appropriate entries covered with this requirement could result in by this review if any importer-specific the Department’s presumption that assessment rate calculated in the final reimbursement of antidumping duties results of this review is above de occurred and the subsequent assessment minimis. of doubled antidumping duties. This notice also serves as a reminder 8 See Preliminary Results at 10695 for a to parties subject to administrative discussion of how the Department determined the protective order (‘‘APO’’) of their separate rate margin for cooperative companies. responsibility concerning the 9 The Vietnam-Wide entity includes Aquatic Products Trading Company, Seaprodex Hanoi, disposition of proprietary information Kisimex, Nha Trang Company Limited, Nha Trang disclosed under APO as explained in Fisheries Co. Ltd., Seaprodex, Sea Products Imports the administrative protective order & Exports, Song Huong ASC Import-Export itself. Timely written notification of the Company Ltd., Song Huong ASC Joint Stock Company, Viet Nhan Company, and V N Seafoods. return/destruction of APO materials or PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Notices conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice of final results of this administrative review and new shipper review are issued and published in accordance with sections 751(a)(2)(C) and 777(i) of the Act and 19 CFR 351.221(b)(5) and 351.214(j). Dated: September 5, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I I. General Issues Comment 1: Shrimp Surrogate Value Comment 2: Surrogate Financial Companies A. Multiple Financial Statements from a Single Company B. Zero/Negative Profit C. Subsidies Comment 3: Zeroing Comment 4: Exclusion of ‘‘Aberrational’’ Bangladeshi Import Data from Surrogate Values Comment 5: Surrogate Value for Labor Comment 6: By-Product Surrogate Value Comment 7: Truck Freight Surrogate Value II. Company-Specific Issues Comment 8: Application of Partial Adverse Facts Available to Fish One’s ‘‘Salt2’’ and Marinade Factors of Production Comment 9: Leaflet Surrogate Value for Fish One Comment 10: Fish One’s STPP Calculation Comment 11: Grobest’s Shrimp Surrogate Value [FR Doc. E7–17991 Filed 9–11–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp from India: Final Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2007, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. This review covers 70 producers/ exporters of the subject merchandise to the United States. The period of review (POR) is August 4, 2004, through January 31, 2006. We are rescinding the review with respect to four companies because these companies had no jlentini on PROD1PC65 with NOTICES AGENCY: VerDate Aug<31>2005 18:43 Sep 11, 2007 Jkt 211001 reportable shipments of subject merchandise during the POR. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted–average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: September 12, 2007. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone (202) 482–3874. SUPPLEMENTARY INFORMATION: Background This review covers 70 producers/ exporters.1 The respondents which the Department selected for individual review are Devi Marine Food Exports Private Limited, Kader Investment and Trading Company Private Limited, Premier Marine Products, Kader Exports Private Limited, Universal Cold Storage Private Limited, and Liberty Frozen Foods Private Limited (collectively, ‘‘the Liberty Group’’); Falcon Marine Exports Limited (Falcon); and Hindustan Lever Limited (HLL). The respondents which were not selected for individual review are listed in the ‘‘Final Results of Review’’ section of this notice. On March 9, 2007, the Department published in the Federal Register the preliminary results of administrative review of the antidumping duty order on shrimp from India. See Certain Frozen Warmwater Shrimp from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 72 FR 10658 (March 9, 2007) (Preliminary Results). In April 2007, we received a certification of accuracy from a company official employed at Kadalkanny Frozen Foods (Kadalkanny) related to Kadalkanny’s April 28, 2006, quantity and value (Q&V) questionnaire response. Because Kadalkanny provided an adequate explanation as to why the Department did not receive this in a timely manner, we accepted it as a one– time exception. For further discussion, see the ‘‘Facts Available’’ section of this notice, below. We invited parties to comment on our preliminary results of review, as well as on the additional information noted 1 This figure does not include those companies for which the Department is rescinding the administrative review. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 52055 above. In April and May 2007, we received case and rebuttal briefs from the petitioner (i.e., the Ad Hoc Shrimp Trade Action Committee) and the respondents (i.e., Falcon, HLL, and the Liberty Group). On May 29, 2007, we held a hearing at the request of Falcon, HLL, and the Liberty Group. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether wild–caught (ocean harvested) or farm–raised (produced by aquaculture), head–on or head–off, shell–on or peeled, tail–on or tail–off,2 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild– caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTSUS 2 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Notices]
[Pages 52052-52055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results of the First Antidumping Duty Administrative 
Review and First New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 52053]]

SUMMARY: On March 9, 2007, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the first administrative and new shipper reviews of the antidumping 
duty order on certain frozen warmwater shrimp from the Socialist 
Republic of Vietnam (``Vietnam''). See Certain Frozen Warmwater Shrimp 
From the Socialist Republic of Vietnam: Preliminary Results of the 
First Administrative Review and New Shipper Review, 72 FR 10689 (March 
9, 2007) (``Preliminary Results''). We gave interested parties an 
opportunity to comment on the Preliminary Results. Based upon our 
analysis of the comments and information received, we made changes to 
the margin calculations for the final results. We find that certain 
manufacturers/exporters sold subject merchandise at less than normal 
value during the period of review (``POR'') July 16, 2004, through 
January 31, 2006.

EFFECTIVE DATE: September 12, 2007.

FOR FURTHER INFORMATION CONTACT: Nicole Bankhead or Matthew Renkey, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
9068 and (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 2007, we extended the time limit for the completion of 
the final results of these reviews, including our analysis of issues 
raised in case or rebuttal briefs, until September 5, 2007. See Certain 
Frozen Warmwater Shrimp from Brazil, Ecuador, India, the People's 
Republic of China, the Socialist Republic of Vietnam, and Thailand; 
Notice of Extension of Time Limit for Final Results of Administrative 
and New Shipper Reviews, 72 FR 27286 (May 15, 2007).
    We invited parties to comment on the Preliminary Results. On March 
29, 2007, Grobest & I-Mei Industrial (Vietnam) Co., Ltd. (``Grobest'') 
and Petitioners \1\ filed surrogate values. Grobest, Vietnam Fish One 
Co., Ltd. (``Fish One''), and Petitioners \2\ filed case briefs on 
April 16, 2007, and rebuttal briefs on May 1, 2007.
---------------------------------------------------------------------------

    \1\ Ad Hoc Shrimp Trade Action Committee.
    \2\ Petitioners re-filed their case brief on April 27, 2007, 
based on a letter issued by the Department requiring that they 
correct their bracketing. See Letter from Alex Villanueva to Brad 
Ward, Re: Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Refiling of Case Brief, dated April 23, 2007. 
The Department placed Petitioners'case brief on the record of the 
new shipper review, as they originally only filed it on the record 
of the administrative review.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the Antidumping Duty Order on Certain 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Issues 
and Decision Memorandum for the First Administrative Review and New 
Shipper Reviews, dated September 5, 2007, which is hereby adopted by 
this notice (``Issues and Decision Memo''). A list of the issues which 
parties raised and to which we respond in the Issues and Decision Memo 
is attached to this notice as an Appendix. The Issues and Decision Memo 
is a public document and is on file in the Central Records Unit CRU, 
Main Commerce Building, Room B-099, and is accessible on the Web at 
http://www.trade.gov/ia. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of information on the record of these 
reviews, and comments received from the interested parties, we have 
made changes to the margin calculations for certain respondents.
    We have revalued several of the surrogate values used in the 
Preliminary Results. The values that were modified for these final 
results are those for leaflets and surrogate financial ratios. For 
further details see Issues and Decision Memo at Comments 10 and 11 and 
Antidumping Duty Administrative and New Shipper Reviews of Certain 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results, dated September 5, 2007. In 
addition, we have made some company-specific changes since the 
Preliminary Results. Specifically, we have incorporated, where 
applicable, post-preliminary clarifications, and performed clerical 
error corrections for both Grobest and Fish One. For further details on 
these company-specific changes, see Issues and Decision Memo at 
Comments 9 through 11.\3\
---------------------------------------------------------------------------

    \3\ The specific calculation changes for Fish One can be found 
in Memorandum First Administrative Review of Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis 
for the Final Results of Vietnam Fish One Co., Ltd., dated September 
5, 2007. The specific calculation changes for Grobest can be found 
in Memorandum First New Shipper Review of Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Analysis for the 
Final Results of Grobest & I-Mei Industrial (Vietnam) Co., Ltd., 
dated September 5, 2007.
---------------------------------------------------------------------------

Scope of the Order

    The scope of this order includes certain frozen warmwater shrimp 
and prawns, whether wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\4\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \4\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    The frozen warmwater shrimp and prawn products included in the 
scope of this order, regardless of definitions in the Harmonized Tariff 
Schedule of the United States (HTSUS), are products which are processed 
from warmwater shrimp and prawns through freezing and which are sold in 
any count size.
    The products described above may be processed from any species of 
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally 
classified in, but are not limited to, the Penaeidae family. Some 
examples of the farmed and wild-caught warmwater species include, but 
are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn 
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river 
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), 
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp 
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern 
rough shrimp (Trachypenaeus curvirostris), southern white shrimp 
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white 
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus 
indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of this order. In addition, food 
preparations, which are not ``prepared meals,'' that contain more than 
20 percent by weight of shrimp or prawn are also included in the scope 
of this order.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
subheading 1605.20.10.20); (2) shrimp and prawns generally classified 
in the Pandalidae family and commonly referred to as coldwater shrimp, 
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS 
subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain 
battered shrimp.

[[Page 52054]]

Dusted shrimp is a shrimp-based product: (1) That is produced from 
fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a 
``dusting'' layer of rice or wheat flour of at least 95 percent purity 
has been applied; (3) with the entire surface of the shrimp flesh 
thoroughly and evenly coated with the flour; (4) with the non-shrimp 
content of the end product constituting between four and 10 percent of 
the product's total weight after being dusted, but prior to being 
frozen; and (5) that is subjected to IQF freezing immediately after 
application of the dusting layer. Battered shrimp is a shrimp-based 
product that, when dusted in accordance with the definition of dusting 
above, is coated with a wet viscous layer containing egg and/or milk, 
and par-fried.
    The products covered by this order are currently classified under 
the following HTSUS subheadings: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, and 1605.20.10.30. These HTSUS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of this order is 
dispositive.

Separate Rates

    In our Preliminary Results, we determined that Fish One \5\ and 
Grobest,\6\ in addition to Nha Trang Fisco, Bac Lieu Fisheries, Cam 
Ranh Seafoods, and Incomfish,\7\ met the criteria for the application 
of a separate rate. We have not received any information or comments 
since the issuance of the Preliminary Results that provides a basis for 
reconsideration of these determinations. Therefore, the Department 
continues to find each of these entities meet the criteria for a 
separate rate.
---------------------------------------------------------------------------

    \5\ The one mandatory participating respondent of this 
administrative review.
    \6\ The new shipper company under review.
    \7\ The non-selected respondents of this administrative review 
seeking a separate rate.
---------------------------------------------------------------------------

Fish One

    In the Preliminary Results we found that Fish One failed to act to 
the best of its ability to comply with the Department's requests for 
information regarding certain factors of production. We therefore 
applied partial adverse facts available, pursuant to section 776(a) and 
(b) of the Tariff Act of 1930, as amended (``the Act''), to Fish One 
for salt2 and marinade for the reasons set out in the Preliminary 
Results. See Preliminary Results, 72 FR at 10692. Fish One filed 
comments regarding the application of partial adverse facts available; 
however, we continue to find that partial adverse facts available is 
appropriate. See Issues and Decision Memorandum at Comment 8.

Final Results of the Reviews

    The Department has determined that the following final dumping 
margins exist for the period July 16, 2004, through January 31, 2006:
---------------------------------------------------------------------------

    \8\ See Preliminary Results at 10695 for a discussion of how the 
Department determined the separate rate margin for cooperative 
companies.
    \9\ The Vietnam-Wide entity includes Aquatic Products Trading 
Company, Seaprodex Hanoi, Kisimex, Nha Trang Company Limited, Nha 
Trang Fisheries Co. Ltd., Seaprodex, Sea Products Imports & Exports, 
Song Huong ASC Import-Export Company Ltd., Song Huong ASC Joint 
Stock Company, Viet Nhan Company, and V N Seafoods.

              Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Produced and Exported by Grobest...........................         0.00
Fish One...................................................         0.00
Nha Trang Fisco............................................     \8\ 4.57
Bac Lieu Fisheries.........................................         4.57
Cam Ranh Seafoods..........................................         4.57
Incomfish..................................................         4.57
Vietnam-Wide Rate \9\......................................        25.76
------------------------------------------------------------------------

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

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. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by Grobest, the cash-deposit rate 
will be that established in these final results of new shipper reviews; 
(2) for subject merchandise exported by Grobest but not manufactured by 
Grobest, the cash deposit rate will continue to be the Vietnamese-wide 
rate (i.e., 25.76 percent); (3) for the other exporters listed above, 
the cash deposit rate will be established in these final results of 
review (except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, no cash deposit will be required for that company); (4) for 
previously investigated or reviewed Vietnamese and non-Vietnamese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (5) for all Vietnamese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the Vietnamese-wide rate of 25.76 
percent; and (6) for all non-Vietnamese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Vietnamese exporters that 
supplied that non-Vietnamese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification of Interested Parties

    This notice serves as a final 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 the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of 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 disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or

[[Page 52055]]

conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of final results of this administrative review and new 
shipper review are issued and published in accordance with sections 
751(a)(2)(C) and 777(i) of the Act and 19 CFR 351.221(b)(5) and 
351.214(j).

    Dated: September 5, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

I. General Issues

Comment 1: Shrimp Surrogate Value
Comment 2: Surrogate Financial Companies
    A. Multiple Financial Statements from a Single Company
    B. Zero/Negative Profit
    C. Subsidies
Comment 3: Zeroing
Comment 4: Exclusion of ``Aberrational'' Bangladeshi Import Data 
from Surrogate Values
Comment 5: Surrogate Value for Labor
Comment 6: By-Product Surrogate Value
Comment 7: Truck Freight Surrogate Value

II. Company-Specific Issues

Comment 8: Application of Partial Adverse Facts Available to Fish 
One's ``Salt2'' and Marinade Factors of Production
Comment 9: Leaflet Surrogate Value for Fish One
Comment 10: Fish One's STPP Calculation
Comment 11: Grobest's Shrimp Surrogate Value

 [FR Doc. E7-17991 Filed 9-11-07; 8:45 am]
BILLING CODE 3510-DS-P