Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 18510-18511 [E8-7084]

Download as PDF 18510 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices 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 Further, the following cash deposit requirements will be effective upon publication of the final results of the administrative review for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) for subject merchandise exported by Baoding Mantong, the cash deposit rate will be that established in the final results of review; (2) for previously reviewed or investigated companies not listed above that have separate rates, the cash deposit rate will continue to be the company specific rate published for the most recent period; (3) for all other PRC exporters of subject merchandise, which have not been found to be entitled to a separate rate, the cash deposit rate will be PRC wide rate of 155.89 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 ebenthall on PRODPC61 with NOTICES This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and this notice are in accordance with sections 751(a)(1) and 777(i) of the Act, 19 CFR 351.213, and 19 CFR 351.221(b)(4). Dated: March 28, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–7099 Filed 4–3–08; 8:45 am] BILLING CODE 3510–DR–S VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration A–552–802 Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 4, 2008. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on frozen warmwater shrimp (‘‘shrimp’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’), received on February 27, 2008, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is February 1, 2007 January 31, 2008. FOR FURTHER INFORMATION CONTACT: Mark Manning or Howard Smith, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: 202–482–5253 and 202–482– 5193, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The notice announcing the antidumping duty order on shrimp from Vietnam was published in the Federal Register on February 1, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005).1 On February 27, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(c), the Department received a NSR request from BIM Seafood Joint Stock Company (‘‘BIM Seafood’’). BIM Seafood certified that it produces and exports the subject merchandise upon which the request was based. On February 29, 2008, the Department issued BIM Seafood a letter requesting that it resubmit the public version of its February 27, 2008, request. See the Department’s February 29, 2008, letter to BIM Seafood. On March 4, 2008, BIM Seafood submitted a proper public 1 Therefore, a request for a NSR based on the annual anniversary month, February, was due to the Department by February 29, 2008. See 19 CFR 351.214(d)(1). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 version, pursuant to 19 CFR 351.304(c)(1). Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), BIM Seafood certified that it did not export shrimp to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), BIM Seafood certified that, since the initiation of the investigation, it has never been affiliated with any Vietnamese exporter or producer who exported shrimp to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), BIM Seafood also certified that its export activities were not controlled by the central government of Vietnam. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), BIM Seafood submitted documentation establishing the following: (1) the date on which BIM Seafood first shipped shrimp for export to the United States and the date on which the shrimp were first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. The Department conducted United States Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that BIM Seafood’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR. The information we examined was consistent with that provided by BIM Seafood. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that BIM Seafood meets the threshold requirements for initiation of a NSR for the shipment of shrimp from Vietnam it produced and exported. See ‘‘Memorandum to File from Javier Barrientos, Senior Case Analyst, Certain Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of AD New Shipper Review for BIM Seafood Joint Stock Company,’’ (March 26, 2008). The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and final results no later than E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. On August 17, 2006, the Pension Protection Act of 2006 (‘‘H.R. 4’’) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond under section 751(a)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of shrimp from Vietnam manufactured and/or exported by BIM Seafood must continue to post cash deposits of estimated antidumping duties on each entry of subject merchandise at the current Vietnam–wide rate of 25.76 percent. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: March 26, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–7084 Filed 4–3–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–570–931] Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Amended Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 4, 2008. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–4793. SUPPLEMENTARY INFORMATION: ebenthall on PRODPC61 with NOTICES AGENCY: Background On February 19, 2008, the Department of Commerce (Department) initiated the countervailing duty investigation of VerDate Aug<31>2005 16:44 Apr 03, 2008 Jkt 214001 circular welded austenitic stainless pressure pipe from the People’s Republic of China. See Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Notice of Initiation of Countervailing Duty Investigation, 73 FR 9994 (February 25, 2008). Currently, the preliminary determination is due no later than April 24, 2008. The version of the notice of postponement of the preliminary determination released on Thursday, March 27, 2008, stated that the deadline for completion of the final determination is June 30, 2008. The notice should have stated that the deadline for completion of the preliminary determination is June 30, 2008. This amended notice corrects that error. This error was discovered prior to publication of the notice in the Federal Register, consequently, this amendment is being published in its place. Postponement of Due Date for Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, if the Department concludes that the parties concerned in the investigation are cooperating and determines that the investigation is extraordinarily complicated, section 703(c)(1)(B) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation. The Department is currently investigating alleged subsidy programs involving loans, grants, income tax incentives, and the provision of goods or services for less than adequate remuneration. Due to the number and complexity of the alleged countervailable subsidy practices being investigated, it is not practicable to complete the preliminary determination of this investigation within the original time limit (i.e., by April 24, 2008). Therefore, in accordance with section 703(c)(1)(B) of the Act, we are fully extending the due date for the preliminary determination to no later than 130 days after the day on which the investigation was initiated. However, as that date falls on a Saturday, the deadline for completion of the preliminary determination is now June 30, 2008, the next business day. This notice is issued and published pursuant to section 703(c)(2) of the Act. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 18511 Dated: April 1, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–7100 Filed 4–3–08; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE National Institute of Standards and Technology Manufacturing Extension Partnership Advisory Board National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Manufacturing Extension Partnership (MEP) Advisory Board, National Institute of Standards and Technology (NIST) will meet Sunday, April 27, 2008, from 1 p.m. to 5 p.m. This meeting is being held in conjunction with MEP’s National Conference in Orlando, FL. The MEP Advisory Board is composed of 10 members appointed by the Director of NIST who were selected for their expertise in the area of industrial extension and their work on behalf of smaller manufacturers. The Board was established to fill a need for outside input on MEP. MEP is a unique program consisting of centers across the United States and Puerto Rico, with partnerships at the state, federal, and local levels. The Board works closely with MEP to provide input and advice on MEP’s programs, plans, and policies. For this meeting, discussions will focus on MEP’s current key initiatives and gaining insight into the future direction of manufacturing as part of MEP’s strategic planning activities. The agenda may change to accommodate Board business. The meeting will convene April 27, 2008 at 1 p.m. and will adjourn at 5 p.m. on April 27, 2008. ADDRESSES: The meeting will be held at Orlando World Center Marriott Resort & Convention Center, 8701 World Center Drive, Orlando, Florida 32821. Anyone wishing to attend this meeting should submit name, e-mail address and phone number to Susan Hayduk (susan.hayduk@nist.gov or 301–975– 5615) no later than April 17, 2008. FOR FURTHER INFORMATION CONTACT: Karen Lellock, Manufacturing Extension Partnership, National Institute of Standards and Technology, DATES: E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Pages 18510-18511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7084]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-802


Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Initiation of Antidumping Duty New Shipper Review

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

EFFECTIVE DATE: April 4, 2008.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on frozen warmwater shrimp (``shrimp'') from the Socialist 
Republic of Vietnam (``Vietnam''), received on February 27, 2008, meets 
the statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is February 1, 2007 January 31, 2008.

FOR FURTHER INFORMATION CONTACT: Mark Manning or Howard Smith, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: 202-482-
5253 and 202-482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on shrimp from 
Vietnam was published in the Federal Register on February 1, 2005. See 
Notice of Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the 
Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005).\1\ On 
February 27, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.214(c), the 
Department received a NSR request from BIM Seafood Joint Stock Company 
(``BIM Seafood''). BIM Seafood certified that it produces and exports 
the subject merchandise upon which the request was based.
---------------------------------------------------------------------------

    \1\ Therefore, a request for a NSR based on the annual 
anniversary month, February, was due to the Department by February 
29, 2008. See 19 CFR 351.214(d)(1).
---------------------------------------------------------------------------

    On February 29, 2008, the Department issued BIM Seafood a letter 
requesting that it resubmit the public version of its February 27, 
2008, request. See the Department's February 29, 2008, letter to BIM 
Seafood. On March 4, 2008, BIM Seafood submitted a proper public 
version, pursuant to 19 CFR 351.304(c)(1).
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), BIM Seafood certified that it did not export shrimp 
to the United States during the period of investigation (``POI''). In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), BIM Seafood certified that, since the initiation 
of the investigation, it has never been affiliated with any Vietnamese 
exporter or producer who exported shrimp to the United States during 
the POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), BIM Seafood 
also certified that its export activities were not controlled by the 
central government of Vietnam.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), BIM Seafood submitted documentation establishing 
the following: (1) the date on which BIM Seafood first shipped shrimp 
for export to the United States and the date on which the shrimp were 
first entered, or withdrawn from warehouse, for consumption; (2) the 
volume of its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.
    The Department conducted United States Customs and Border 
Protection (``CBP'') database queries in an attempt to confirm that BIM 
Seafood's shipments of subject merchandise had entered the United 
States for consumption and that liquidation of such entries had been 
properly suspended for antidumping duties. The Department also examined 
whether the CBP data confirmed that such entries were made during the 
NSR POR. The information we examined was consistent with that provided 
by BIM Seafood.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that BIM Seafood meets the 
threshold requirements for initiation of a NSR for the shipment of 
shrimp from Vietnam it produced and exported. See ``Memorandum to File 
from Javier Barrientos, Senior Case Analyst, Certain Warmwater Shrimp 
from the Socialist Republic of Vietnam: Initiation of AD New Shipper 
Review for BIM Seafood Joint Stock Company,'' (March 26, 2008).
    The Department intends to issue the preliminary results of this NSR 
no later than 180 days from the date of initiation, and final results 
no later than

[[Page 18511]]

270 days from the date of initiation. See section 751(a)(2)(B)(iv) of 
the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (``H.R. 4'') 
was signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews. Therefore, 
the posting of a bond under section 751(a)(B)(iii) of the Act in lieu 
of a cash deposit is not available in this case. Importers of shrimp 
from Vietnam manufactured and/or exported by BIM Seafood must continue 
to post cash deposits of estimated antidumping duties on each entry of 
subject merchandise at the current Vietnam-wide rate of 25.76 percent.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: March 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-7084 Filed 4-3-08; 8:45 am]
BILLING CODE 3510-DS-S

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