Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 52273-52277 [E8-20927]
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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results and Final
Partial Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2008, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the preliminary results of the
second administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). Certain Frozen Warmwater
Shrimp from the Socialist Republic of
Vietnam: Preliminary Results,
Preliminary Partial Rescission and Final
Partial Rescission of the Second
Administrative Review, 73 FR 12127
(March 6, 2008) (‘‘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 have not sold
subject merchandise at less than normal
value during the period of review
(‘‘POR’’) February 1, 2006, through
January 31, 2007.
EFFECTIVE DATE: September 9, 2008.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, 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)
482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On March 6, 2008, the Department
published the Preliminary Results of
this administrative review. See
Preliminary Results at 73 FR 12127. On
March 26, 2008, the mandatory
respondents 1 submitted additional
surrogate value information. On April 3,
1 The mandatory respondents are: Minh Phu
Seafood Export Import Corporation (and affiliated
Minh Qui Seafood Co., Ltd. and Minh Phat Seafood
Co., Ltd.), Minh Phu Seafood Corporation; Minh
Phu Seafood Corp., Minh Qui Seafood Co., Ltd.,
Minh Qui Seafood, Minh Phat Seafood Co., Ltd.,
Minh Phat Seafood, (collectively, ‘‘Minh Phu’’) and
Camau Frozen Seafood Processing Import Export
Corporation (‘‘Camimex’’).
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2008, we extended the deadline for
parties to submit the case briefs and
rebuttal briefs to May 7, 2008 and May
12, 2008, respectively. On April 7, 2008,
the Ad Hoc Shrimp Trade Action
Committee (‘‘Petitioner’’) filed a request
for a public hearing. On May 9, 2008,
we extended the deadline to file rebuttal
briefs to May 14, 2008. On May 22,
2008, the Department extended the
deadline for the completion of the final
results of this review, including our
analysis of issues raised in case or
rebuttal briefs, until September 2, 2008.
See Certain Frozen Warmwater Shrimp
from Thailand and the Socialist
Republic of Vietnam: Notice of
Extension of Time Limit for the Final
Results of the Second Administrative
Reviews 73 FR 29738 (May 22, 2008).
On May 7, 2008, the mandatory
respondents, certain separate-rate
respondents, Petitioner, Grobest & I-Mei
Industrial (Vietnam) Co., Ltd.
(‘‘Grobest’’), and Vietnam Fish One Co.,
Ltd. (‘‘Fish-One’’) filed case briefs. On
May 14, 2008, Petitioner, the mandatory
respondents, Grobest, and Fish-One
filed rebuttal briefs. On May 21, 2008,
Petitioner withdrew its hearing request,
leaving no public hearing request on the
record.
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
Second Administrative Review, dated
September 2, 2008, 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 1117, 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.
Final Rescission of Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind this administrative review with
respect to: Bac Lieu Fisheries Company
Limited (‘‘Bac Lieu’’), Khanh Loi
Trading (‘‘Khanh Loi’’), Pataya Food
Industry (Vietnam) Ltd. (‘‘Pataya’’),
Seaprodex, Bentre Aquaproduct Imports
& Exports (‘‘Bentre’’), Hanoi
Seaproducts Import Export Corporation
(‘‘Seaprodex Hanoi’’), and Cam Ranh
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52273
Seafoods Processing Enterprise
Company (‘‘Camranh’’), which informed
the Department that they did not export
the subject merchandise to the United
States during the POR. See Preliminary
Results at 12129.
Subsequent to the Preliminary
Results, no information was submitted
on the record indicating that the above
companies made sales to the United
States of subject merchandise during the
POR. Thus, in accordance with 19 CFR
351.213(d)(3) and consistent with our
practice, we are rescinding this review
with respect to the seven abovementioned companies for the period of
February 1, 2006, through January 31,
2007.
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 updated the surrogate value
for labor and surrogate financial ratios
used in the Preliminary Results. For
further details see Issues and Decision
Memo at Comments 3 and 4 and
Antidumping Duty Administrative
Review of Certain Frozen Warmwater
Shrimp from the Socialist Republic of
Vietnam: Surrogate Values for the Final
Results, dated September 2, 2008. In
addition, we have made companyspecific changes since the Preliminary
Results. Specifically, we have
performed clerical error corrections for
Minh Phu. For further details on these
company-specific changes, see Issues
and Decision Memo at Comment 8.
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,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
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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.
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,
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17:08 Sep 08, 2008
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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 the mandatory
respondents, Minh Phu and Camimex,
as well as certain separate-rate
respondents, met the criteria for the
application of a separate rate.3 We have
not received any information since the
issuance of the Preliminary Results that
provides a basis for reconsideration of
these determinations. Therefore, the
3 These other separate rate companies are:
Amanda Foods (Vietnam) Ltd.; {C.P. Vietnam
Livestock Co. Ltd.; C P Vietnam Livestock Co. Ltd.;
C P Livestock} (collectively, CP Vietnam); {Ca Mau
Seafood Joint Stock Company (‘‘SEAPRIMEXCO’’);
Minh Hai Sea Products Import Export Company
(Seaprimex Co)} (collectively, Seaprimexco);
{Cadovimex Seafood Import-Export and Processing
Joint Stock Company (‘‘CADOVIMEX’’); Cai Doi
Vam Seafood Import-Export Company
(Cadovimex)} (collectively, Cadovimex); {Cafatex
Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’);
Cantho Animal Fisheries Product Processing Export
Enterprise (Cafatex)} (collectively, Cafatex); {Can
Tho Agricultural and Animal Product Import
Export Company (‘‘CATACO’’); Can Tho
Agricultural Products aka CATACO} (collectively,
Cataco); {Coastal Fishery Development; Coastal
Fisheries Development Corporation (Cofidec);
Coastal Fisheries Development Corporation
(Cofidec)} (collectively, Cofidec); {Cuulong
Seaproducts Company (‘‘Cuu Long Seapro’’); Cuu
Long Seaproducts Limited (Cuulong Seapro)}
(collectively, Cuulong Seapro); Danang Seaproducts
Import Export Corporation (‘‘Seaprodex Danang’’)
and Tho Quang Seafood Processing & Export
Company; {Thuan Phuoc Seafoods and Trading
Corporation aka Frozen Seafoods Factory 32 aka
Seafoods and Foodstuff Factory; Frozen Seafoods
Factory No. 32 aka thuan phuoc); Frozen Seafoods
Fty aka above Thuan Phuoc} (collectively, Thuan
Phuoc); {Grobest & I-Mei Industry Vietnam;
Grobest} (collectively, Grobest); Investment
Commerce Fisheries Corporation (‘‘Incomfish’’);
Kim Anh Co., Ltd.; {Minh Hai Export Frozen
Seafood Processing Joint Stock Company; Minh Hai
Export Frozen Seafood Processing Joint Stock
Company (‘‘Minh Hai Jostoco’’)} (collectively, Minh
Hai Jostoco); Minh Hai Joint-Stock Seafoods
Processing Company (‘‘Seaprodex Minh Hai’’); Ngoc
Sinh Private Enterprise aka Ngoc Sinh Seafoods
(collectively, Ngoc Sinh); Nha Trang Fisheries Joint
Stock Company (‘‘Nha Trang Fisco’’); Nha Trang
Seaproduct Company (‘‘Nha Trang Seafoods’’); Phu
Cuong Seafood Processing and Import-Export Co.,
Ltd.; {Phuong Nam Co. Ltd.; Phuong Nam Seafood
Co. Ltd.} (collectively, Phuong Nam); Sao Ta Foods
Joint Stock Company (‘‘Fimex VN’’); Soc Trang
Aquatic Products and General Import Export
Company (‘‘Stapimex’’); UTXI Aquatic Products
Processing Company; Viet Foods Co., Ltd. (‘‘Viet
Foods’’); {Viet Hai Seafoods Company Ltd.
(‘‘Vietnam Fish One Co. Ltd.’’); Viet Hai Seafoods
Company Ltd. (‘‘Vietnam Fish One Co. Ltd’’);
Vietnam Fish-One Co., Ltd.} (collectively, FishOne); and Vinh Loi Import Export Company
(‘‘Vimexco’’).
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Department continues to find each of
these entities meet the criteria for a
separate rate. However, in the ‘‘Final
Results of the Review’’ section below,
the Department has listed the qualifying
additional trade names for each
company granted a separate rate in this
review. For a detailed discussion of the
trade names not granted separate-rate
status under cover of a separate-rate
recipient, see Issues and Decision Memo
at Comment 7.
Separate Rate Calculation
In the Preliminary Results, we stated
that the Department employed a limited
examination methodology, as it did not
have the resources to examine all
companies for which a review request
was made and selected two exporters,
Minh Phu and Camimex, as mandatory
respondents in this review. See
Preliminary Results at 12133.
Additionally, 26 4 additional companies
(listed in footnote three) submitted
timely information as requested by the
Department and remained subject to
review as cooperative separate rate
respondents. The Department assigned a
rate to the remaining 26 cooperative
separate rate respondents not selected
for individual examination.
In the Preliminary Results, we noted
that the statute and the Department’s
regulations do not directly address the
establishment of a rate to be applied to
individual companies not selected for
examination where the Department
limited its examination in an
administrative review pursuant to
section 777(A)(c)(2) of the Tariff Act of
1930, as amended (‘‘the Act’’). We
further explained that the Department’s
practice in this regard, in cases
involving limited selection based on
exporters accounting for the largest
volumes of trade, has been to weightaverage the rates for the selected
companies excluding zero and de
minimis rates and rates based entirely
on adverse facts available (‘‘AFA’’). For
purposes of the Preliminary Results,
however, we did assign the 26 separate
rate respondents a dumping margin of
de minimis because the mandatory
respondents, Minh Phu and Camimex,
both received de minimis rates.
However, in the Preliminary Results,
the Department also invited comments
from interested parties regarding the
methodology used to determine the rate
for non-selected companies. Id., at
12135–36. Specifically, we invited
4 Although we stated in the Preliminary Results
that 27 companies received a separate rate, two of
the companies listed separately (Ngoc Sinh Private
Enterprise and Ngoc Sinh Seafoods) are trade names
of the same company. In actuality, 26 companies/
groups have received a separate rate.
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interested parties to comment on the
rate to be applied to the non-selected
companies, considering, but not limited
to, the following factors: (a) The
Department has limited its examination
of respondents pursuant to section
777A(c)(2)(B) of the Act, (b) section
735(c)(5) provides that, with some
exceptions, the all-others rate in an
investigation is to be calculated
excluding any margins that are zero, de
minimis or based entirely on facts
available, and (c) the SAA states that
with respect to the calculation of the allothers rate in such cases, ‘‘the expected
method will be to weight-average the
zero and de minimis margins and
margins determined pursuant to the
facts available, provided that volume
data is available. However, if this
method is not feasible, or if it results in
an average that would not be reasonably
reflective of potential dumping margins
for non-investigated exporters or
producers, Commerce may use other
reasonable methods.’’ See SAA at 873.
We received comments on this issue
from Petitioner, the mandatory
respondents, Fish-One, Grobest, and
certain non-selected, cooperative
separate-rate respondents. These
comments were addressed in the Issues
and Decision Memorandum at Comment
6.
Based on the comments we received,
for the final results of this review, we
have determined that, because the
circumstances of this review are similar
to those of the preceding review, we
will assign the margin of 4.57 percent,
the margin calculated for cooperative
separate rate respondents in the
underlying investigation, to the SR
Respondents in the instant review with
no history of a calculated margin, as a
reasonable method which is reflective of
the range of commercial behavior
demonstrated by exporters of the subject
merchandise during a very recent period
in time. However, for those SR
Respondents that received a calculated
rate in a prior segment, we are assigning
that calculated rate as the company’s
separate rate in this review. Specifically,
for Fish-One and Grobest, we are
assigning the rates most recently
calculated for both companies (zero) as
their separate rate in the instant review
because these rates are more recent than
the separate rate calculated in the LTFV
and are based on the company’s own
data. Additionally, for Minh Hai JointStock Seafoods Processing Company
(‘‘Seaprodex Minh Hai’’), we are also
assigning, as a separate rate, the most
recent calculated rate of 4.30 percent,
from the LTFV, which was based on the
company’s own data. For all other SR
Respondents in the instant review, the
separate rate is 4.57 percent. For
additional details, see Issues and
Decision Memorandum at Comment 6.
Vietnam-Wide Entity
In the Preliminary Results, the
Department determined that 35
companies which did not demonstrate
eligibility for a separate rate are
properly considered part of the
Vietnam-Wide entity.5 As these
companies failed to respond to the
Department’s quantity and value
questionnaire, we found it appropriate
to apply facts available to the VietnamWide entity, which includes these
entities, in accordance with sections
776(a)(2)(A) and (B) of the Act.
Moreover, because the Vietnam-Wide
entity did not respond to the
Department’s questionnaires, we found
it did not cooperate to the best of its
ability and therefore, determined that
adverse facts available (‘‘AFA’’) was
appropriate pursuant to section 776(b)
of the Act. Since the Preliminary
Results, none of these companies
submitted comments regarding these
findings. Therefore, we continue to find
that it is appropriate to apply facts
available with an adverse inference with
respect to the Vietnam-Wide entity
(including the 35 non-responsive
companies/groups) in accordance with
section 776(b) of the Act.
Final Results of the Review
The Department has determined that
the following final dumping margins
exist for the period February 1, 2006,
through January 31, 2007:
CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM
Weighted-average
margin
(percent)
jlentini on PROD1PC65 with NOTICES
Manufacturer/exporter
Minh Phat Seafood Co., Ltd., aka Minh Phat Seafood aka Minh Phu Seafood Export Import Corporation (and affiliates
Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) aka Minh Phu Seafood Corp. aka Minh Phu Seafood Corporation aka Minh Qui Seafood aka Minh Qui Seafood Co., Ltd ............................................................................................
Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’), aka Camimex, aka Camau Seafood Factory
No. 4, aka Camau Seafood Factory No. 5 ..............................................................................................................................
Amanda Foods (Vietnam) Ltd .....................................................................................................................................................
C.P. Vietnam Livestock Co. Ltd., aka C P Vietnam Livestock Co. Ltd., aka C P Livestock ......................................................
Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘CADOVIMEX’’) aka Cai Doi Vam Seafood Import-Export Company (Cadovimex) .........................................................................................................................................
Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’) aka Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), aka Cafatex, aka Cafatex Vietnam, aka Xi Nghiep Che Bien Thuy Suc San Xuat Khau Can Tho, aka
Cas, aka Cas Branch, aka Cafatex Saigon, aka Cafatex Fishery Joint Stock Corporation, aka Cafatex Corporation, aka
Taydo Seafood Enterprise .......................................................................................................................................................
Can Tho Agricultural and Animal Product Import Export Company (‘‘CATACO’’) aka Can Tho Agricultural Products aka
CATACO 6 ................................................................................................................................................................................
Coastal Fishery Development aka Coastal Fisheries Development Corporation (Cofidec) aka Coastal Fisheries Development Corporation (Cofidec) ......................................................................................................................................................
Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka Cuu Long Seaproducts Limited (Cuulong Seapro) ......................
Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) aka Tho Quang Seafood Processing & Export
Company, aka Seaprodex Danang, aka Tho Quang Seafood Processing And Export Company, aka Tho Quang .............
Frozen Seafoods Factory No. 32, aka Frozen Seafoods Fty, aka Thuan Phuoc, aka Thuan Phuoc Seafoods and Trading
Corporation, aka Frozen Seafoods Factory 32, aka Seafoods and Foodstuff Factory ..........................................................
Grobest & I-Mei Industry Vietnam, aka Grobest .........................................................................................................................
Investment Commerce Fisheries Corporation (‘‘Incomfish’’) .......................................................................................................
5 See Preliminary Results at footnote 10 for a list
of the 35 unresponsive companies.
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E:\FR\FM\09SEN1.SGM
09SEN1
a 0.01
0.00
4.57
4.57
4.57
4.57
4.57
4.57
4.57
4.57
4.57
b 0.00
4.57
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CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM—Continued
Weighted-average
margin
(percent)
Manufacturer/exporter
Kim Anh Co., Ltd .........................................................................................................................................................................
Minh Hai Export Frozen Seafood Processing Joint Stock Company, aka Minh Hai Jostoco, aka Minh Hai Export Frozen
Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostoco’’), aka Minh Hai Export Frozen Seafood Processing JointStock Company, aka Minh Hai Joint Stock Seafood Processing Joint-Stock Company, aka Minh Hai Export Frozen Seafood Processing Joint-Stock Co. 7 ...........................................................................................................................................
Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) ........................................................................
Minh Hai Sea Products Import Export Company (Seaprimex Co), aka Ca Mau Seafood Joint Stock Company
(‘‘SEAPRIMEXCO’’) .................................................................................................................................................................
Ngoc Sinh Private Enterprise, aka Ngoc Sinh Seafoods ............................................................................................................
Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) ...............................................................................................
Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) .......................................................................................................
Phu Cuong Seafood Processing and Import-Export Co., Ltd .....................................................................................................
Phuong Nam Co. Ltd., aka Phuong Nam Seafood Co. Ltd ........................................................................................................
Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’), aka Sao Ta Seafood Factory ...................................................................
Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) .....................................................................
UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing Company, aka UT-XI Aquatic Products Processing Company, aka UTXI, aka UTXI Co. Ltd., aka Khanh Loi Seafood Factory, aka Hoang Phuong Seafood
Factory 8 ...................................................................................................................................................................................
Viet Foods Co., Ltd. (‘‘Viet Foods’’) ............................................................................................................................................
Viet Hai Seafoods Company Ltd. (‘‘Vietnam Fish One Co. Ltd.’’) aka Vietnam Fish-One Co., Ltd ...........................................
Vinh Loi Import Export Company, aka Vimexco, aka Vinh Loi Import/Export Co., aka VIMEX, aka Vinhloi Import Export
Company, aka Vinh Loi Import-Export Company ....................................................................................................................
Vietnam-Wide Rate 9 ...................................................................................................................................................................
a (de
4.57
4.57
4.30
4.57
4.57
4.57
4.57
4.57
4.57
4.57
4.57
4.57
4.57
b 0.00
4.57
25.76
minimis).
b (zero).
The Department will disclose
calculations performed for these final
results to the parties within five days of
jlentini on PROD1PC65 with NOTICES
6 We
continue to find that the separate rate
granted to Cataco is limited to only Cataco’s exports
of subject merchandise during the POR. Cataco’s
separate rate does not apply to Cantho ImportExport Seafood Joint Stock Company, aka
Caseamex. For a detailed discussion, see Issue and
Decision Memorandum at Comment 7.
7 We note that we have not extended Minh Hai
Jostoco’s separate-rate status to: Kien Cuong
Seafood Processing Import Export Joint-Stock
Company (‘‘Kien Cuong’’) and Viet Cuong Seafood
Processing Import Export Joint-Stock Company
(‘‘Viet Cuong’’). For a detailed discussion, see Issues
and Decision Memorandum at Comment 7.
8 We note that we have not extended UTXI’s
separate-rate status to: UTXI Aquatic Products
Processing Corporation. For a detailed discussion,
see Issues and Decision Memorandum at Comment
7.
9 The Vietnam-Wide entity includes: AAAS
Logistics; Agrimex; American Container Line; An
Giang Fisheries Import and Export Joint Stock
Company (Agifish); Angiang Agricultural
Technology Service Company; Bentre Frozen
Aquaproduct Exports; Can Tho Seafood Exports;
Cautre Enterprises; Dong Phuc Huynh; General
Imports & Exports; Hacota; Hai Thuan Export
Seaproduct Processing Co., Ltd.; Hai Viet; Hatrang
Frozen Seaproduct Fty; Hoa Nam Marine
Agricultural; Lamson Import-Export Foodstuffs
Corporation; Nha Trang Company Limited; Nha
Trang Fisheries Co. Ltd.; Saigon Orchide; Sea
Product; Sea Products Imports & Exports; Seafood
Processing Imports-Exports; Sonacos; Song Huong
ASC Joint Stock Company; Special Aquatic
Products Joint Stock Company (‘‘Seaspimex’’);
Tacvan Frozen Seafoods Processing Export
Company; Thami Shipping & Airfreight; Thanh
Long; Thien Ma Seafood; Tourism Material and
Equipment Company (Matourimex Hochiminh City
Branch); Truc An Company; Vietnam Northern
Viking Technology Co. Ltd.; Vietnam Northern
VerDate Aug<31>2005
17:08 Sep 08, 2008
Jkt 214001
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
Viking Technologie Co Ltd.; Vilfood Co.; Vita; V N
Seafoods.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
751(a)(2)(C) of the Act: (1) For the
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, a zero cash deposit rate will be
required for that company); (2) 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; (3)
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 (4) 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 publication of the
final results of the next administrative
review.
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
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
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
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 is issued and
published 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: September 2, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Surrogate Country
Comment 2: Raw Shrimp Surrogate Value
Comment 3: Surrogate Financial Ratios
Comment 4: Wage Rate Calculation
Comment 5: Treatment of Sales with
Negative Margins (‘‘Zeroing’’)
Comment 6: Separate Rate (‘‘SR’’) Calculation
Methodology
Comment 7: Separate-Rate Status for
Additional Trade Names
Comment 8: Minh Phu Group’s ImporterSpecific Assessment Clerical Error
[FR Doc. E8–20927 Filed 9–8–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–888]
Floor-Standing, Metal-Top Ironing
Tables and Certain Parts Thereof From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on floorstanding, metal-top ironing tables and
certain parts thereof from the People’s
Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is August 1, 2006,
through July 31, 2007. We have
jlentini on PROD1PC65 with NOTICES
AGENCY:
VerDate Aug<31>2005
17:08 Sep 08, 2008
Jkt 214001
preliminarily determined that Since
Hardware (Guangzhou) Co., Ltd. (‘‘Since
Hardware’’), has made sales to the
United States of the subject
merchandise at prices below normal
value and that Forever Holdings Limited
(‘‘Forever Holdings’’) has not sold
merchandise to the United States at
prices below normal value. We invite
interested parties to comment on these
preliminary results. Parties filing
comments are requested to submit with
each argument (1) a statement of the
issue and (2) a brief summary of the
argument(s).
EFFECTIVE DATE: September 9, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2004, the Department
published in the Federal Register the
antidumping duty order regarding floorstanding, metal-top ironing tables and
certain parts thereof (‘‘ironing tables’’)
from the PRC. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Floor-Standing, Metal-Top
Ironing Tables and Certain Parts
Thereof From the People’s Republic of
China, 69 FR 47868 (August 6, 2004)
(Ironing Tables Order).
On August 2, 2007, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order of ironing
tables from the People’s Republic of
China. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 72
FR 42383 (August 2, 2007). On August
30, 2007, Home Products International
(the Petitioner in this proceeding)
requested, in accordance with 19 CFR
351.213(b)(2), that the Department
conduct a administrative review of this
order for Since Hardware. On August
31, 2007, Since Hardware and Forever
Holdings requested administrative
reviews of their sales under the
antidumping duty order. On September
25, 2007, the Department initiated an
administrative review of Since
Hardware and Forever Holdings. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 72 FR 54428 (September 25, 2007).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
52277
On April 21, 2008, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.213(h)(2), the Department
extended the deadline for the
preliminary results of review until
September 2, 2008. See Floor-Standing,
Metal-Top Ironing Tables and Parts
Thereof from the People’s Republic of
China: Extension of the Time Limit for
the Preliminary Results of the 2006/
2007 Administrative Review, 73 FR
21317 (April 21, 2008).
On March 3, 2008, we invited
interested parties to comment on the
Department’s surrogate country
selection and to submit publicly
available information to value the
factors of production. On April 24,
2008, we extended the period for filing
surrogate value and factor of production
comments in this review until June 6,
2008. On June 6, 2008, Since Hardware,
Forever Holdings, and the Petitioner
each submitted comments concerning
surrogate values and factors of
production.
The Department received timely filed
original and supplemental questionnaire
responses from both Since Hardware
and Forever Holdings.
Scope of the Order
For purposes of this order, the
product covered consists of floorstanding, metal-top ironing tables,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
The subject tables are designed and
used principally for the hand ironing or
pressing of garments or other articles of
fabric. The subject tables have fullheight leg assemblies that support the
ironing surface at an appropriate (often
adjustable) height above the floor. The
subject tables are produced in a variety
of leg finishes, such as painted, plated,
or matte, and they are available with
various features, including iron rests,
linen racks, and others. The subject
ironing tables may be sold with or
without a pad and/or cover. All types
and configurations of floor-standing,
metal-top ironing tables are covered by
this review.
Furthermore, this order specifically
covers imports of ironing tables,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
For purposes of this order, the term
‘‘unassembled’’ ironing table means a
product requiring the attachment of the
leg assembly to the top or the
attachment of an included feature such
as an iron rest or linen rack. The term
‘‘complete’’ ironing table means product
sold as a ready-to-use ensemble
consisting of the metal-top table and a
pad and cover, with or without
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Pages 52273-52277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20927]
[[Page 52273]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2008, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the second administrative review of the antidumping duty order on
certain frozen warmwater shrimp from the Socialist Republic of Vietnam
(``Vietnam''). Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Preliminary Results, Preliminary Partial
Rescission and Final Partial Rescission of the Second Administrative
Review, 73 FR 12127 (March 6, 2008) (``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 have not sold
subject merchandise at less than normal value during the period of
review (``POR'') February 1, 2006, through January 31, 2007.
EFFECTIVE DATE: September 9, 2008.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2008, the Department published the Preliminary Results
of this administrative review. See Preliminary Results at 73 FR 12127.
On March 26, 2008, the mandatory respondents \1\ submitted additional
surrogate value information. On April 3, 2008, we extended the deadline
for parties to submit the case briefs and rebuttal briefs to May 7,
2008 and May 12, 2008, respectively. On April 7, 2008, the Ad Hoc
Shrimp Trade Action Committee (``Petitioner'') filed a request for a
public hearing. On May 9, 2008, we extended the deadline to file
rebuttal briefs to May 14, 2008. On May 22, 2008, the Department
extended the deadline for the completion of the final results of this
review, including our analysis of issues raised in case or rebuttal
briefs, until September 2, 2008. See Certain Frozen Warmwater Shrimp
from Thailand and the Socialist Republic of Vietnam: Notice of
Extension of Time Limit for the Final Results of the Second
Administrative Reviews 73 FR 29738 (May 22, 2008).
---------------------------------------------------------------------------
\1\ The mandatory respondents are: Minh Phu Seafood Export
Import Corporation (and affiliated Minh Qui Seafood Co., Ltd. and
Minh Phat Seafood Co., Ltd.), Minh Phu Seafood Corporation; Minh Phu
Seafood Corp., Minh Qui Seafood Co., Ltd., Minh Qui Seafood, Minh
Phat Seafood Co., Ltd., Minh Phat Seafood, (collectively, ``Minh
Phu'') and Camau Frozen Seafood Processing Import Export Corporation
(``Camimex'').
---------------------------------------------------------------------------
On May 7, 2008, the mandatory respondents, certain separate-rate
respondents, Petitioner, Grobest & I-Mei Industrial (Vietnam) Co., Ltd.
(``Grobest''), and Vietnam Fish One Co., Ltd. (``Fish-One'') filed case
briefs. On May 14, 2008, Petitioner, the mandatory respondents,
Grobest, and Fish-One filed rebuttal briefs. On May 21, 2008,
Petitioner withdrew its hearing request, leaving no public hearing
request on the record.
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 Second Administrative Review, dated
September 2, 2008, 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 1117, 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.
Final Rescission of Review
In the Preliminary Results, the Department issued a notice of
intent to rescind this administrative review with respect to: Bac Lieu
Fisheries Company Limited (``Bac Lieu''), Khanh Loi Trading (``Khanh
Loi''), Pataya Food Industry (Vietnam) Ltd. (``Pataya''), Seaprodex,
Bentre Aquaproduct Imports & Exports (``Bentre''), Hanoi Seaproducts
Import Export Corporation (``Seaprodex Hanoi''), and Cam Ranh Seafoods
Processing Enterprise Company (``Camranh''), which informed the
Department that they did not export the subject merchandise to the
United States during the POR. See Preliminary Results at 12129.
Subsequent to the Preliminary Results, no information was submitted
on the record indicating that the above companies made sales to the
United States of subject merchandise during the POR. Thus, in
accordance with 19 CFR 351.213(d)(3) and consistent with our practice,
we are rescinding this review with respect to the seven above-mentioned
companies for the period of February 1, 2006, through January 31, 2007.
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 updated the surrogate value for labor and surrogate
financial ratios used in the Preliminary Results. For further details
see Issues and Decision Memo at Comments 3 and 4 and Antidumping Duty
Administrative Review of Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Surrogate Values for the Final Results,
dated September 2, 2008. In addition, we have made company-specific
changes since the Preliminary Results. Specifically, we have performed
clerical error corrections for Minh Phu. For further details on these
company-specific changes, see Issues and Decision Memo at Comment 8.
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.
---------------------------------------------------------------------------
\2\ ``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
[[Page 52274]]
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. 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 the mandatory
respondents, Minh Phu and Camimex, as well as certain separate-rate
respondents, met the criteria for the application of a separate
rate.\3\ We have not received any information 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. However, in the
``Final Results of the Review'' section below, the Department has
listed the qualifying additional trade names for each company granted a
separate rate in this review. For a detailed discussion of the trade
names not granted separate-rate status under cover of a separate-rate
recipient, see Issues and Decision Memo at Comment 7.
---------------------------------------------------------------------------
\3\ These other separate rate companies are: Amanda Foods
(Vietnam) Ltd.; {C.P. Vietnam Livestock Co. Ltd.; C P Vietnam
Livestock Co. Ltd.; C P Livestock{time} (collectively, CP Vietnam);
{Ca Mau Seafood Joint Stock Company (``SEAPRIMEXCO''); Minh Hai Sea
Products Import Export Company (Seaprimex Co){time} (collectively,
Seaprimexco); {Cadovimex Seafood Import-Export and Processing Joint
Stock Company (``CADOVIMEX''); Cai Doi Vam Seafood Import-Export
Company (Cadovimex){time} (collectively, Cadovimex); {Cafatex
Fishery Joint Stock Corporation (``Cafatex Corp.''); Cantho Animal
Fisheries Product Processing Export Enterprise (Cafatex){time}
(collectively, Cafatex); {Can Tho Agricultural and Animal Product
Import Export Company (``CATACO''); Can Tho Agricultural Products
aka CATACO{time} (collectively, Cataco); {Coastal Fishery
Development; Coastal Fisheries Development Corporation (Cofidec);
Coastal Fisheries Development Corporation (Cofidec){time}
(collectively, Cofidec); {Cuulong Seaproducts Company (``Cuu Long
Seapro''); Cuu Long Seaproducts Limited (Cuulong Seapro){time}
(collectively, Cuulong Seapro); Danang Seaproducts Import Export
Corporation (``Seaprodex Danang'') and Tho Quang Seafood Processing
& Export Company; {Thuan Phuoc Seafoods and Trading Corporation aka
Frozen Seafoods Factory 32 aka Seafoods and Foodstuff Factory;
Frozen Seafoods Factory No. 32 aka thuan phuoc); Frozen Seafoods Fty
aka above Thuan Phuoc{time} (collectively, Thuan Phuoc); {Grobest &
I-Mei Industry Vietnam; Grobest{time} (collectively, Grobest);
Investment Commerce Fisheries Corporation (``Incomfish''); Kim Anh
Co., Ltd.; {Minh Hai Export Frozen Seafood Processing Joint Stock
Company; Minh Hai Export Frozen Seafood Processing Joint Stock
Company (``Minh Hai Jostoco''){time} (collectively, Minh Hai
Jostoco); Minh Hai Joint-Stock Seafoods Processing Company
(``Seaprodex Minh Hai''); Ngoc Sinh Private Enterprise aka Ngoc Sinh
Seafoods (collectively, Ngoc Sinh); Nha Trang Fisheries Joint Stock
Company (``Nha Trang Fisco''); Nha Trang Seaproduct Company (``Nha
Trang Seafoods''); Phu Cuong Seafood Processing and Import-Export
Co., Ltd.; {Phuong Nam Co. Ltd.; Phuong Nam Seafood Co. Ltd.{time}
(collectively, Phuong Nam); Sao Ta Foods Joint Stock Company
(``Fimex VN''); Soc Trang Aquatic Products and General Import Export
Company (``Stapimex''); UTXI Aquatic Products Processing Company;
Viet Foods Co., Ltd. (``Viet Foods''); {Viet Hai Seafoods Company
Ltd. (``Vietnam Fish One Co. Ltd.''); Viet Hai Seafoods Company Ltd.
(``Vietnam Fish One Co. Ltd''); Vietnam Fish-One Co., Ltd.{time}
(collectively, Fish-One); and Vinh Loi Import Export Company
(``Vimexco'').
---------------------------------------------------------------------------
Separate Rate Calculation
In the Preliminary Results, we stated that the Department employed
a limited examination methodology, as it did not have the resources to
examine all companies for which a review request was made and selected
two exporters, Minh Phu and Camimex, as mandatory respondents in this
review. See Preliminary Results at 12133. Additionally, 26 \4\
additional companies (listed in footnote three) submitted timely
information as requested by the Department and remained subject to
review as cooperative separate rate respondents. The Department
assigned a rate to the remaining 26 cooperative separate rate
respondents not selected for individual examination.
---------------------------------------------------------------------------
\4\ Although we stated in the Preliminary Results that 27
companies received a separate rate, two of the companies listed
separately (Ngoc Sinh Private Enterprise and Ngoc Sinh Seafoods) are
trade names of the same company. In actuality, 26 companies/groups
have received a separate rate.
---------------------------------------------------------------------------
In the Preliminary Results, we noted that the statute and the
Department's regulations do not directly address the establishment of a
rate to be applied to individual companies not selected for examination
where the Department limited its examination in an administrative
review pursuant to section 777(A)(c)(2) of the Tariff Act of 1930, as
amended (``the Act''). We further explained that the Department's
practice in this regard, in cases involving limited selection based on
exporters accounting for the largest volumes of trade, has been to
weight-average the rates for the selected companies excluding zero and
de minimis rates and rates based entirely on adverse facts available
(``AFA''). For purposes of the Preliminary Results, however, we did
assign the 26 separate rate respondents a dumping margin of de minimis
because the mandatory respondents, Minh Phu and Camimex, both received
de minimis rates.
However, in the Preliminary Results, the Department also invited
comments from interested parties regarding the methodology used to
determine the rate for non-selected companies. Id., at 12135-36.
Specifically, we invited
[[Page 52275]]
interested parties to comment on the rate to be applied to the non-
selected companies, considering, but not limited to, the following
factors: (a) The Department has limited its examination of respondents
pursuant to section 777A(c)(2)(B) of the Act, (b) section 735(c)(5)
provides that, with some exceptions, the all-others rate in an
investigation is to be calculated excluding any margins that are zero,
de minimis or based entirely on facts available, and (c) the SAA states
that with respect to the calculation of the all-others rate in such
cases, ``the expected method will be to weight-average the zero and de
minimis margins and margins determined pursuant to the facts available,
provided that volume data is available. However, if this method is not
feasible, or if it results in an average that would not be reasonably
reflective of potential dumping margins for non-investigated exporters
or producers, Commerce may use other reasonable methods.'' See SAA at
873. We received comments on this issue from Petitioner, the mandatory
respondents, Fish-One, Grobest, and certain non-selected, cooperative
separate-rate respondents. These comments were addressed in the Issues
and Decision Memorandum at Comment 6.
Based on the comments we received, for the final results of this
review, we have determined that, because the circumstances of this
review are similar to those of the preceding review, we will assign the
margin of 4.57 percent, the margin calculated for cooperative separate
rate respondents in the underlying investigation, to the SR Respondents
in the instant review with no history of a calculated margin, as a
reasonable method which is reflective of the range of commercial
behavior demonstrated by exporters of the subject merchandise during a
very recent period in time. However, for those SR Respondents that
received a calculated rate in a prior segment, we are assigning that
calculated rate as the company's separate rate in this review.
Specifically, for Fish-One and Grobest, we are assigning the rates most
recently calculated for both companies (zero) as their separate rate in
the instant review because these rates are more recent than the
separate rate calculated in the LTFV and are based on the company's own
data. Additionally, for Minh Hai Joint-Stock Seafoods Processing
Company (``Seaprodex Minh Hai''), we are also assigning, as a separate
rate, the most recent calculated rate of 4.30 percent, from the LTFV,
which was based on the company's own data. For all other SR Respondents
in the instant review, the separate rate is 4.57 percent. For
additional details, see Issues and Decision Memorandum at Comment 6.
Vietnam-Wide Entity
In the Preliminary Results, the Department determined that 35
companies which did not demonstrate eligibility for a separate rate are
properly considered part of the Vietnam-Wide entity.\5\ As these
companies failed to respond to the Department's quantity and value
questionnaire, we found it appropriate to apply facts available to the
Vietnam-Wide entity, which includes these entities, in accordance with
sections 776(a)(2)(A) and (B) of the Act. Moreover, because the
Vietnam-Wide entity did not respond to the Department's questionnaires,
we found it did not cooperate to the best of its ability and therefore,
determined that adverse facts available (``AFA'') was appropriate
pursuant to section 776(b) of the Act. Since the Preliminary Results,
none of these companies submitted comments regarding these findings.
Therefore, we continue to find that it is appropriate to apply facts
available with an adverse inference with respect to the Vietnam-Wide
entity (including the 35 non-responsive companies/groups) in accordance
with section 776(b) of the Act.
---------------------------------------------------------------------------
\5\ See Preliminary Results at footnote 10 for a list of the 35
unresponsive companies.
---------------------------------------------------------------------------
Final Results of the Review
The Department has determined that the following final dumping
margins exist for the period February 1, 2006, through January 31,
2007:
Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin (percent)
------------------------------------------------------------------------
Minh Phat Seafood Co., Ltd., aka Minh Phat Seafood \a\ 0.01
aka Minh Phu Seafood Export Import Corporation (and
affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
Seafood Co., Ltd.) aka Minh Phu Seafood Corp. aka
Minh Phu Seafood Corporation aka Minh Qui Seafood
aka Minh Qui Seafood Co., Ltd......................
Camau Frozen Seafood Processing Import Export 0.00
Corporation (``CAMIMEX''), aka Camimex, aka Camau
Seafood Factory No. 4, aka Camau Seafood Factory
No. 5..............................................
Amanda Foods (Vietnam) Ltd.......................... 4.57
C.P. Vietnam Livestock Co. Ltd., aka C P Vietnam 4.57
Livestock Co. Ltd., aka C P Livestock..............
Cadovimex Seafood Import-Export and Processing Joint 4.57
Stock Company (``CADOVIMEX'') aka Cai Doi Vam
Seafood Import-Export Company (Cadovimex)..........
Cafatex Fishery Joint Stock Corporation (``Cafatex 4.57
Corp.'') aka Cantho Animal Fisheries Product
Processing Export Enterprise (Cafatex), aka
Cafatex, aka Cafatex Vietnam, aka Xi Nghiep Che
Bien Thuy Suc San Xuat Khau Can Tho, aka Cas, aka
Cas Branch, aka Cafatex Saigon, aka Cafatex Fishery
Joint Stock Corporation, aka Cafatex Corporation,
aka Taydo Seafood Enterprise.......................
Can Tho Agricultural and Animal Product Import 4.57
Export Company (``CATACO'') aka Can Tho
Agricultural Products aka CATACO \6\...............
Coastal Fishery Development aka Coastal Fisheries 4.57
Development Corporation (Cofidec) aka Coastal
Fisheries Development Corporation (Cofidec)........
Cuulong Seaproducts Company (``Cuu Long Seapro'') 4.57
aka Cuu Long Seaproducts Limited (Cuulong Seapro)..
Danang Seaproducts Import Export Corporation 4.57
(``Seaprodex Danang'') aka Tho Quang Seafood
Processing & Export Company, aka Seaprodex Danang,
aka Tho Quang Seafood Processing And Export
Company, aka Tho Quang.............................
Frozen Seafoods Factory No. 32, aka Frozen Seafoods 4.57
Fty, aka Thuan Phuoc, aka Thuan Phuoc Seafoods and
Trading Corporation, aka Frozen Seafoods Factory
32, aka Seafoods and Foodstuff Factory.............
Grobest & I-Mei Industry Vietnam, aka Grobest....... \b\ 0.00
Investment Commerce Fisheries Corporation 4.57
(``Incomfish'')....................................
[[Page 52276]]
Kim Anh Co., Ltd.................................... 4.57
Minh Hai Export Frozen Seafood Processing Joint 4.57
Stock Company, aka Minh Hai Jostoco, aka Minh Hai
Export Frozen Seafood Processing Joint-Stock
Company (``Minh Hai Jostoco''), aka Minh Hai Export
Frozen Seafood Processing Joint-Stock Company, aka
Minh Hai Joint Stock Seafood Processing Joint-Stock
Company, aka Minh Hai Export Frozen Seafood
Processing Joint-Stock Co. \7\.....................
Minh Hai Joint-Stock Seafoods Processing Company 4.30
(``Seaprodex Minh Hai'')...........................
Minh Hai Sea Products Import Export Company 4.57
(Seaprimex Co), aka Ca Mau Seafood Joint Stock
Company (``SEAPRIMEXCO'')..........................
Ngoc Sinh Private Enterprise, aka Ngoc Sinh Seafoods 4.57
Nha Trang Fisheries Joint Stock Company (``Nha Trang 4.57
Fisco'')...........................................
Nha Trang Seaproduct Company (``Nha Trang 4.57
Seafoods'')........................................
Phu Cuong Seafood Processing and Import-Export Co., 4.57
Ltd................................................
Phuong Nam Co. Ltd., aka Phuong Nam Seafood Co. Ltd. 4.57
Sao Ta Foods Joint Stock Company (``Fimex VN''), aka 4.57
Sao Ta Seafood Factory.............................
Soc Trang Aquatic Products and General Import Export 4.57
Company (``Stapimex'').............................
UTXI Aquatic Products Processing Company, aka UT XI 4.57
Aquatic Products Processing Company, aka UT-XI
Aquatic Products Processing Company, aka UTXI, aka
UTXI Co. Ltd., aka Khanh Loi Seafood Factory, aka
Hoang Phuong Seafood Factory \8\...................
Viet Foods Co., Ltd. (``Viet Foods'')............... 4.57
Viet Hai Seafoods Company Ltd. (``Vietnam Fish One \b\ 0.00
Co. Ltd.'') aka Vietnam Fish-One Co., Ltd..........
Vinh Loi Import Export Company, aka Vimexco, aka 4.57
Vinh Loi Import/Export Co., aka VIMEX, aka Vinhloi
Import Export Company, aka Vinh Loi Import-Export
Company............................................
Vietnam-Wide Rate \9\............................... 25.76
------------------------------------------------------------------------
\a\ (de minimis).
\b\ (zero).
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).
---------------------------------------------------------------------------
\6\ We continue to find that the separate rate granted to Cataco
is limited to only Cataco's exports of subject merchandise during
the POR. Cataco's separate rate does not apply to Cantho Import-
Export Seafood Joint Stock Company, aka Caseamex. For a detailed
discussion, see Issue and Decision Memorandum at Comment 7.
\7\ We note that we have not extended Minh Hai Jostoco's
separate-rate status to: Kien Cuong Seafood Processing Import Export
Joint-Stock Company (``Kien Cuong'') and Viet Cuong Seafood
Processing Import Export Joint-Stock Company (``Viet Cuong''). For a
detailed discussion, see Issues and Decision Memorandum at Comment
7.
\8\ We note that we have not extended UTXI's separate-rate
status to: UTXI Aquatic Products Processing Corporation. For a
detailed discussion, see Issues and Decision Memorandum at Comment
7.
\9\ The Vietnam-Wide entity includes: AAAS Logistics; Agrimex;
American Container Line; An Giang Fisheries Import and Export Joint
Stock Company (Agifish); Angiang Agricultural Technology Service
Company; Bentre Frozen Aquaproduct Exports; Can Tho Seafood Exports;
Cautre Enterprises; Dong Phuc Huynh; General Imports & Exports;
Hacota; Hai Thuan Export Seaproduct Processing Co., Ltd.; Hai Viet;
Hatrang Frozen Seaproduct Fty; Hoa Nam Marine Agricultural; Lamson
Import-Export Foodstuffs Corporation; Nha Trang Company Limited; Nha
Trang Fisheries Co. Ltd.; Saigon Orchide; Sea Product; Sea Products
Imports & Exports; Seafood Processing Imports-Exports; Sonacos; Song
Huong ASC Joint Stock Company; Special Aquatic Products Joint Stock
Company (``Seaspimex''); Tacvan Frozen Seafoods Processing Export
Company; Thami Shipping & Airfreight; Thanh Long; Thien Ma Seafood;
Tourism Material and Equipment Company (Matourimex Hochiminh City
Branch); Truc An Company; Vietnam Northern Viking Technology Co.
Ltd.; Vietnam Northern Viking Technologie Co Ltd.; Vilfood Co.;
Vita; V N Seafoods.
---------------------------------------------------------------------------
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 the 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, a zero cash deposit rate will be required for
that company); (2) 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; (3) 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 (4) 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 publication of the final results
of the next administrative review.
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
[[Page 52277]]
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
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 is
issued and published 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: September 2, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Surrogate Country
Comment 2: Raw Shrimp Surrogate Value
Comment 3: Surrogate Financial Ratios
Comment 4: Wage Rate Calculation
Comment 5: Treatment of Sales with Negative Margins (``Zeroing'')
Comment 6: Separate Rate (``SR'') Calculation Methodology
Comment 7: Separate-Rate Status for Additional Trade Names
Comment 8: Minh Phu Group's Importer-Specific Assessment Clerical
Error
[FR Doc. E8-20927 Filed 9-8-08; 8:45 am]
BILLING CODE 3510-DS-P