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]
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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
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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
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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
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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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.
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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 https://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.
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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.
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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
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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:
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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.
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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
https://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\
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\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.
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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.
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\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.
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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
