Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 47191-47197 [E9-22188]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47191-47197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22188]


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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 and Final Partial Rescission of Antidumping Duty 
Administrative Review

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

SUMMARY: On March 9, 2009, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the third 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 Request for Revocation, In Part, of the Third 
Administrative Review, 74 FR 10009 (March 9, 2009) (``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 (``NV'') during 
the period of review (``POR'') February 1, 2007, through January 31, 
2008.

DATES: Effective Date: September 15, 2009.

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 9, 2009, the Department published the Preliminary Results 
of this administrative review. See Preliminary Results. On March 12, 
2009, we extended the deadline for parties to submit the case briefs 
and rebuttal briefs to April 10, 2009 and April 24, 2009, respectively. 
On March 12, 2009, Phuong Nam filed a request for a public hearing. On 
March 24, 2009, Fish One,\1\ a separate rate respondent, filed a 
request for a public hearing. On March 27, 2009, Petitioner \2\ placed 
on the record additional surrogate value information. On March 30, 
2009, the mandatory respondents,\3\ the Domestic Processors,\4\ and 
Contessa Premium Foods, Inc., (``Contessa''), a U.S. importer, 
submitted additional surrogate value information. On April 6, 2009, 
Minh Phu Group, Camimex, and certain separate rate respondents \5\ 
(``SR Respondents'') filed a request for a public hearing. On April 8, 
2009, the Domestic Processors filed a request for a hearing. On April 
8, 2009, Contessa and Petitioner filed letters stating their intent to 
participate in a public hearing if one were to be held. On April 10, 
2009, the mandatory respondents, Fish One, Petitioner, the Domestic 
Processors, C.P. Vietnam Livestock Co. (``CP Vietnam''), Kim Anh Co., 
Ltd. (``Kim Anh''), Contessa, and certain SR Respondents filed case 
briefs. On April 24, 2009, the mandatory respondents, Fish One, 
Petitioner, the Domestic Processors, and certain SR Respondents filed 
rebuttal briefs. On May 13, 2009, Minh Phu Group, Camimex and certain 
SR Respondents refiled the rebuttal brief to include missing pages 
inadvertently excluded from the April 24, 2009 rebuttal brief. On June 
4, 2009, the Department held a public hearing pursuant to section 
351.310(d)(1) of the Department's regulations. On June 22, 2009, the 
Department placed on the record of this review information reported by 
Minh Phu Group in the preceding administrative review. We invited 
comments from interested parties regarding this information. No 
interested parties provided comment regarding this information.
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    \1\ Vietnam Fish-One Co., Ltd. (Vietnam Fish-One) aka Viet Hai 
Seafoods Company Ltd. (``Vietnam Fish One Co. Ltd.'') (collectively, 
``Fish One'').
    \2\ Petitioner is the Ad Hoc Shrimp Trade Action Committee.
    \3\ 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 
Group''), Camau Frozen Seafood Processing Import Export Corporation 
(``Camimex''), and Phuong Nam Co. Ltd. (``Phuong Nam'').
    \4\ The Domestic Processors are the American Shrimp Processors 
Association (``ASPA'') and the Louisiana Shrimp Association 
(``LSA''), (collectively, the ``Domestic Processors'').
    \5\ Here, we refer to a SR Respondent as a company upon which we 
initiated a review, submitted either a separate rate certification 
or application, has been cooperative, but was not selected for 
individual review.
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    On June 4, 2009, the Department published a notice extending the 
deadline for the final results of the administrative review. See 
Certain Frozen Warmwater Shrimp from the People's Republic of China and 
the Socialist Republic of Vietnam: Notice of Extension of Time Limit 
for the Final Results of the Third Administrative Reviews, 74 FR 26839 
(June 4, 2009). On July 22, 2009, the Department published a second 
notice extending the deadline for the final results of the 
administrative review. See Certain Frozen Warmwater Shrimp from the 
People's Republic of China and the Socialist Republic of Vietnam: 
Notice of Extension of Time Limit for the Final Results of the Third 
Administrative Reviews, 74 FR 36164 (July 22, 2009). Lastly, on August 
31, 2009, the Department published a third notice extending the 
deadline for the final results of the administrative review. See 
Certain Frozen Warmwater Shrimp from the People's Republic of China and 
the Socialist Republic of Vietnam: Notice of Extension of Time Limit 
for the Final Results of the Third Administrative Reviews, 74 FR 44818 
(August 31, 2009).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Issues and Decision Memorandum for the 
Final Results of the Third Administrative Review, dated September 8, 
2009,

[[Page 47192]]

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 Vinh Hoan 
Corporation (formerly Vinh Hoan Co., Ltd.) (``Vinh Hoan'') and Quoc 
Viet Seaproducts Processing Trading Import and Export Co., Ltd., 
(``Quoc Viet'') because the information on the record indicated that 
they did not sell subject merchandise to the United States during the 
POR. Subsequent to the Preliminary Results, no information was 
submitted on the record indicating that Vinh Hoan and Quoc Viet made 
sales of subject merchandise to the United States 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 Vinh Hoan and 
Quoc Viet.
    However, with respect to Kim Anh and CP Vietnam, we did not 
preliminarily rescind the administrative review pending an analysis of 
additional information requested from the companies and U.S. Customs 
and Border Protection (``CBP''). Additionally, we preliminarily 
assigned the two companies the Vietnam-wide entity rate because Kim Anh 
and CP Vietnam had not provided any information on the record to 
indicate their eligibility for a rate separate from the Vietnam-wide 
entity. See Preliminary Results at 10011.
    Subsequent to the Preliminary Results, the Department placed on the 
record import entry documentation obtained from CBP. See Memorandum to 
the File from Irene Gorelik, Analyst, Office 9, Re; Third 
Administrative Review of Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: CBP 7501 Entry Packages, dated March 4, 
2009. The Department also invited comment from CP Vietnam and Kim Anh 
regarding the information contained within the CBP entry documentation. 
Based on the Department's review of CBP's entry documentation and the 
companies' subsequent explanations and supporting documentation on the 
record, we have determined that it is appropriate to rescind the review 
with respect to CP Vietnam and Kim Anh in the final results. For 
further details, see Issues and Decision Memo at Comments 18 and 19, 
respectively. Thus, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice, we are rescinding this review with 
respect to CP Vietnam and Kim Anh.

Changes Since the Preliminary Results

    Based on our analysis of information on the record of this review, 
and comments received from the interested parties, we have made changes 
to the margin calculations for the mandatory respondents.
    We have revised the surrogate values for raw shrimp, master 
cartons, and domestic cold storage warehousing. Additionally, we have 
revised classifications for certain expenses in the surrogate financial 
ratios used in the Preliminary Results. For further details see Issues 
and Decision Memo at Comments 6B, 7B, 7F, 9 and 10, respectively; see 
also Memorandum to the File through Catherine Bertrand, Program 
Manager, Office 9 from Irene Gorelik, Senior Analyst, Office 9; Third 
Antidumping Duty Administrative Reviews of Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Surrogate Values for the 
Final Results, dated September 8, 2009. Additionally, we have made 
company-specific changes since the Preliminary Results to the 
antidumping duty margin calculations for all three mandatory 
respondents. For further details on these company-specific changes, see 
Issues and Decision Memo at Comments 12, 13, 14 and 15, and company 
specific analysis memoranda.

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,\6\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \6\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    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. 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.

[[Page 47193]]

    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.

Surrogate Country

    In the Preliminary Results, we determined that, pursuant to section 
773(c)(4) of the Tariff Act of 1930, as amended (``Act''), Bangladesh 
is an appropriate surrogate country because it is at a similar level of 
economic development to Vietnam, is a significant producer of 
comparable merchandise, and has reliable, publicly available data 
representing a broad-market average for surrogate valuation purposes. 
See Preliminary Results at 10015. Subsequently, we analyzed comments 
from interested parties regarding our preliminary surrogate country 
selection and have determined that, for the final results, we will 
continue to use Bangladesh as the primary surrogate country. 
Specifically, first, we noted that the Office of Policy provided a list 
of potential surrogate countries and considered them ``equally 
comparable in terms of economic development.'' See, e.g., Preliminary 
Results at 10014. Second, in relying on the most recently available 
2005 data from the FishStat Database (``FishStat'') of the Food and 
Agricultural Organization (``FAO'') of the United Nations, we 
determined that Indonesia, India and Bangladesh were significant 
producers of comparable merchandise whereas Sri Lanka and Pakistan were 
not significant producers of comparable merchandise.\7\ Thus, we no 
longer consider Sri Lanka and Pakistan to be appropriate surrogate 
country choices. Consequently, the remaining potential surrogate 
countries subject to further consideration were Indonesia, India, and 
Bangladesh. Finally, we considered the available data from Indonesia, 
India, and Bangladesh with which to value raw shrimp, the main input 
for subject merchandise production. The Department's selection of 
Bangladesh as the primary surrogate country is based on our 
determination that the available data that would fulfill a wider range 
of our established surrogate value selection criteria, such as the 
availability of publicly-available count-size specific data 
representing a broad-market average. The record shows that, compared 
with the Bangladeshi data, neither the Indian data not the Indonesian 
data satisfied the breadth of surrogate value criteria for raw shrimp. 
Therefore, based on the evidence on the record, we determine that 
Bangladesh continues to be the most appropriate surrogate country in 
this review. As Petitioner and Domestic Processors have not provided 
compelling evidence to the contrary, we will continue to use Bangladesh 
as the primary surrogate country for the final results of this 
administrative review. For a detailed analysis of our determination, 
see Issues and Decisions Memo at Comment 2.
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    \7\ In determining that Bangladesh was a significant producer of 
comparable merchandise, we looked to information on the record that 
supports Bangladesh's fulfillment of this criterion. See Issues and 
Decision Memo at Comment 2.
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Request for Revocation, In Part

    In the Preliminary Results, we determined not to revoke the 
antidumping duty order with respect to Fish One. See Preliminary 
Results at 10011. We have not, for the final results, changed our 
determination. For further discussion, see Issues and Decision Memo at 
Comment 16.

Use of Facts Available

    Section 776(a)(2) of the Act provides that, if an interested party: 
(A) withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to sections 782(c)(1) and (e) of the Act; 
(C) significantly impedes a proceeding under the antidumping statute; 
or (D) provides such information but the information cannot be 
verified; the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Section 782(c)(1) of the Act provides that if an interested party 
``promptly after receiving a request from {the Department{time}  for 
information, notifies {the Department{time}  that such party is unable 
to submit the information requested in the requested form and manner, 
together with a full explanation and suggested alternative form in 
which such party is able to submit the information,'' the Department 
may modify the requirements to avoid imposing an unreasonable burden on 
that party.
    Section 782(d) of the Act provides that, if the Department 
determines that a response to a request for information does not comply 
with the request, the Department will inform the person submitting the 
response of the nature of the deficiency and shall, to the extent 
practicable, provide that person the opportunity to remedy or explain 
the deficiency. If that person submits further information that 
continues to be unsatisfactory, or this information is not submitted 
within the applicable time limits, the Department may, subject to 
section 782(e), disregard all or part of the original and subsequent 
responses, as appropriate.
    Section 782(e) of the Act states that the Department shall not 
decline to consider information deemed ``deficient'' under section 
782(d) if: (1) The information is submitted by the established 
deadline; (2) the information can be verified; (3) the information is 
not so incomplete that it cannot serve as a reliable basis for reaching 
the applicable determination; (4) the interested party has demonstrated 
that it acted to the best of its ability; and (5) the information can 
be used without undue difficulties.
    Furthermore, section 776(b) of the Act states that if the 
Department ``finds that an interested party has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information from the administering authority * * *, the administering 
authority * * *, in reaching the applicable determination under this 
title, may use an inference that is adverse to the interests of that 
party in selecting from among the facts otherwise available.''

Minh Phu Group

    For the final results, in accordance with sections 773(c)(3)(B) and 
776(a)(1) of the Act, we have determined that the use of facts 
available (``FA'') is required for Minh Phu Group's domestic cold 
storage warehousing expense for reported sales. As stated in the 
Preliminary Results, in accordance with section 772(c)(2)(A) of the 
Act, we must deduct movement expenses from the U.S. price. See 
Preliminary Results at 10015. Because domestic cold storage expenses 
are considered part of movement expenses within the margin calculation, 
an accurate calculation of the average warehousing period is required. 
To properly calculate cold storage warehousing as part of movement 
expenses, we need to apply the cold storage surrogate value to a 
quantifiable period of time for the reported sales. However, during the 
course of the review, the Department did not request that Minh Phu 
Group report the number of days that subject merchandise was held in 
unaffiliated cold storage warehousing prior to exportation. 
Accordingly, because the record does not contain the average

[[Page 47194]]

period of time that subject merchandise was held in cold storage 
warehousing during the POR, the Department must use FA in accordance 
with section 776(a)(1) of the Act.\8\
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    \8\ See Steel Wire Garment Hangers from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 73 FR 
47587 (August 14, 2008) and accompanying Issues and Decision 
Memorandum at Comment 2 (where we applied facts available to a 
material input that the Department had not requested the respondent 
report during the proceeding).
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    In determining the most appropriate and reliable information to use 
as FA, the Department reviewed Petitioner's suggested proxy provided in 
its case brief dated April 10, 2009, which is calculated from 
information contained within a set of shipping documents for one EP 
sale during the POR. Additionally, on June 22, 2009, the Department 
placed on the record cold storage warehousing data reported by Minh Phu 
Group in the second administrative review, for the period February 1, 
2006, through January 31, 2007. See Memorandum to the File from Irene 
Gorelik, Analyst, re; Domestic Warehousing Data for Minh Phu Group, 
dated June 22, 2009 at Attachment I. The Department stated its intent 
to use that information for the final results of this review and 
invited interested parties to comment on this data. No interested 
parties submitted comments regarding the data.
    As FA, for the final results of this review, we are relying on Minh 
Phu Group's reported cold storage warehousing data from the preceding 
administrative review, which we have placed on the record of this 
review, for the average number of days that subject merchandise was 
held in storage prior to exportation. See id. We find that the average 
number of days that Minh Phu Group reported in the preceding review is 
more accurate than Petitioner's suggested proxy, as it was calculated 
using a wider range of data points from the company's records, rather 
than an inferred period of time gathered from one set of shipping 
documents. For further details regarding the Department's calculation 
of domestic warehousing, see Issues and Decision Memo at Comment 12 and 
Memorandum to the File through Catherine Bertrand, Program Manager, 
Office 9, from Irene Gorelik, Senior Analyst, Office 9; Administrative 
Review of Certain Frozen Warmwater Shrimp from the Socialist Republic 
of Vietnam: Analysis for the Final Results of Minh Phu Group dated 
September 8, 2009.

Separate Rates

    In the Preliminary Results, we determined that the mandatory 
respondents, Camimex, Minh Phu Group and Phuong Nam, as well as certain 
SR Respondents,\9\ met the criteria for separate-rate status. 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 that these 
entities meet the criteria for a separate rate.
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    \9\ These other separate rate companies are: Amanda Foods 
(Vietnam) Ltd., Bac Lieu Fisheries Company Limited (``Bac Lieu''), 
Ca Mau Seafood Joint Stock Company (``SEAPRIMEXCO''), Cadovimex 
Seafood Import-Export and Processing Joint Stock Company 
(``CADOVIMEX''), Cantho Animal Fisheries Product Processing Export 
Enterprise (Cafatex), Cam Ranh Seafoods Processing Enterprise 
Company (``Camranh Seafoods''), Can Tho Agricultural and Animal 
Product Import Export Company (``CATACO''), Coastal Fisheries 
Development Corporation (``COFIDEC''), Cuulong Seaproducts Company 
(``Cuulong Seapro''), Danang Seaproducts Import Export Corporation 
(``Seaprodex Danang'') and affiliate Tho Quang Seafood Processing & 
Export Company, Grobest & I-Mei Industrial (Vietnam) Co., Ltd., 
Investment Commerce Fisheries Corporation (``Incomfish''), Minh Hai 
Export Frozen Seafood Processing Joint-Stock Company (``Minh Hai 
Jostoco''), Minh Hai Joint-Stock Seafoods Processing Company 
(``Seaprodex Minh Hai''), Ngoc Sinh Private Enterprise, Nha Trang 
Fisheries Joint Stock Company (``Nha Trang Fisco''), Nha Trang 
Seaproduct Company (``Nha Trang Seafoods''), Phu Cuong Seafood 
Processing & Import-Export Co., Ltd., Sao Ta Foods Joint Stock 
Company (``FIMEX''), Soc Trang Aquatic Products and General Import 
Export Company (``Stapimex''), Thuan Phuoc Seafoods and Trading 
Corporation (and its affiliates), UTXI Aquatic Products Processing 
Company (``UTXI''), Viet Foods Co., Ltd., Viet Hai Seafood Co., Ltd. 
a/k/a Vietnam Fish One Co., Ltd. (Fish One), Vinh Loi Import Export 
Company (``VIMEX'').
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    However, in the Preliminary Results, we also noted that certain 
entities requesting separate rate status for new trade names or 
additional trade names that had not been previously granted separate 
rate status required further analysis. Specifically, we stated that 
``separate-rate certifications filed by seven exporters showed that 
these seven companies claimed to have undergone changes in name, legal 
and/or corporate structure during the POR.'' See Preliminary Results at 
10012. We further stated that ``a separate-rate certification is not 
the proper vehicle by which a company that has undergone name or other 
corporate changes should request a separate rate.'' See id. 
Accordingly, we notified Cadovimex, CATACO, Stapimex, UTXI, Bac Lieu, 
Minh Hai Jostoco, and Thuan Phuoc that a changed circumstance review 
would be required for the Department to analyze any claims of 
successor-in-interest by these companies. However, the Department 
preliminarily granted separate rate status to these seven companies 
prior to any name or other corporate change. See id.
    Since the Preliminary Results, the Department has conducted changed 
circumstance reviews for six of the above-mentioned seven entities.\10\ 
The Department published its preliminary results of changed 
circumstance reviews, finding that, in accordance with 19 CFR 
351.221(c)(3)(i), Cadovimex is succeeded by Cadovimex Seafood Import-
Export and Processing Joint Stock Company (``Cadovimex Vietnam''), 
Stapimex is succeeded by Soc Trang Seafood Joint Stock Company 
(``STAPIMEX JSC''), Bac Lieu is succeeded by Bac Lieu Fisheries Joint 
Stock Company (``Bac Lieu JSC''), Thuan Phuoc is succeeded by Thuan 
Phuoc Seafoods and Trading Corporation (``Thuan Phuoc JSC''), and UTXI 
is succeeded by UTXI Aquatic Products Processing Corporation (``UTXI 
Corp.'') See Frozen Warmwater Shrimp From Vietnam: Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Reviews, 
74 FR 31698 (July 2, 2009). However, in accordance with 19 CFR 
351.221(c)(3)(i), the Department also preliminarily determined that 
CAFISH is not the successor-in-interest to CATACO. See id. The 
Department subsequently published the final results of changed 
circumstance reviews for the above six entities, with no changes to its 
preliminary determinations. See Frozen Warmwater Shrimp From Vietnam: 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Reviews, 74 FR 42050 (August 20, 2009) (``CCR Final'').
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    \10\ Minh Hai Jostoco never filed a changed circumstance review 
request.
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    Following the Department's determinations in the CCR Final, the 
Department has listed, in the ``Final Results of the Review'' section 
below, the names of the successor companies and their respective 
qualifying trade names that are assuming the separate rate of the 
former entity effective from August 20, 2009. See CCR Final. For those 
entities, including CATACO, for which we did not find a successorship 
exists, the separate rate in this review will be granted only to the 
former entity in addition to its qualifying trade names, as noted 
below. For a detailed discussion of the trade names not granted 
separate-rate status, see Issues and Decision Memo at Comment 17.

Rate for Non-Selected Companies

    In the Preliminary Results, we stated that the Department employed 
a limited

[[Page 47195]]

examination methodology, as it did not have the resources to examine 
all companies for which a review request was made and selected three 
exporters, Minh Phu Group, Camimex, and Phuong Nam as mandatory 
respondents in this review. See Preliminary Results at 10010. 
Additionally, 25 additional companies (listed in footnote 10 above) 
submitted timely information as requested by the Department and 
remained subject to review as cooperative separate rate respondents. 
The Department assigned a preliminary rate to the remaining 25 
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 companies not selected for individual examination 
where the Department limited its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. See Preliminary 
Results. 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 FA. See Preliminary Results at 10014. 
However, due to changes in certain surrogate values and the correction 
of certain clerical errors for Minh Phu Group, Camimex, and Phuong Nam 
from the Preliminary Results, the Department has, for the final 
results, calculated all de minimis dumping margins for the mandatory 
respondents.
    Because the Act does not address that rate to be applied to 
companies not selected for individual examination, we have looked to 
section 735(c)(5) of the Act for guidance. Section 735(c)(5)(A) of the 
Act instructs that we are not to calculate an all-others rate using any 
zero or de minimis margins or any margins based entirely on FA. Section 
735(c)(5)(B) of the Act also provides that, where all margins are zero 
rates, de minimis rates, or rates based entirely on FA, we may use 
``any reasonable method'' for assigning the rate to non-selected 
respondents. We note that in the preceding administrative review, the 
Department looked to other reasonable means to assign separate-rate 
margins to non-reviewed companies because we calculated zero rates, de 
minimis rates, or rates based entirely on FA for the mandatory 
respondents. See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 52273 (September 9, 2008) 
and accompanying Issues and Decision Memorandum at Comment 6 (``Vietnam 
Shrimp AR2 Final''). Because the Department is faced with similar 
circumstances in these final results as in the preceding administrative 
review, we must, again, look to other reasonable means to assign 
separate rate margins to non-reviewed companies eligible for a separate 
rate in this review. We find that a reasonable method is to assign to 
non-reviewed companies in this review the most recent rate calculated 
for the non-selected companies in question, unless we calculated in a 
more recent segment a rate for any company that was not zero, de 
minimis, or based entirely on FA. Pursuant to this method, we are 
assigning the rate of 4.57 percent, the most recent positive rate (from 
the less-than-fair-value (``LTFV'') investigation) calculated for 
cooperative separate rate respondents, to those separate rate 
respondents in the instant review with no calculated margin that is 
concurrent with or more recent than this rate. For those separate rate 
respondents that received a calculated rate in a prior segment, 
concurrent with or more recent than the 4.57 percent rate, 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 
companies' 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 
separate rate respondents in the instant review, the separate rate is 
4.57 percent. For additional details, see Issues and Decision Memo at 
Comment 16. This is the same methodology we applied in the final 
results of the prior review. See Vietnam Shrimp AR2 Final.

Vietnam-Wide Entity

    In the Preliminary Results, the Department determined that 78 
companies which did not demonstrate eligibility for a separate rate are 
properly considered part of the Vietnam-Wide entity.\11\ Since the 
Preliminary Results, no parties commented or provided evidence contrary 
to our preliminary determination with respect to these 78 companies. 
Therefore, for the final results, we will continue to assign the 
entity's current rate of 25.76 percent, the only rate ever determined 
for the Vietnam-wide entity in this proceeding. Because we are 
rescinding this review with respect to CP Vietnam and Kim Anh as noted 
above, and we no longer find these companies to be part of the Vietnam-
wide entity as we did in the Preliminary Results, any suspended entries 
for CP Vietnam and Kim Anh will be liquidated at the rate in effect on 
the date of entry.
---------------------------------------------------------------------------

    \11\ See Preliminary Results at 10011; see also footnote 19 
below.
---------------------------------------------------------------------------

Final Results of the Review

    The Department has determined that the following final dumping 
margins exist for the period February 1, 2007, through January 31, 
2008:

              Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
       Manufacturer/Exporter          Weighted-average margin (percent)
------------------------------------------------------------------------
Minh Phu Group:
    Minh Phat Seafood Co., Ltd.,    0.43 (de minimis)
     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     0.08 (de minimis)
 Import Export Corporation
 (``CAMIMEX''), aka Camimex, aka
 Camau Seafood Factory No. 4, aka
 Camau Seafood Factory No. 5.
------------------------------------------------------------------------
Phuong Nam Co. Ltd., aka Phuong     0.21 (de minimis)
 Nam Seafood Co. Ltd. aka Western
 Seafood.

[[Page 47196]]

 
Amanda Foods (Vietnam) Ltd........  4.57
Bac Lieu Fisheries Joint Stock      4.57
 Company \12\.
Cadovimex-Vietnam, aka Cadovimex    4.57
 Seafood Import-Export and
 Processing Joint Stock Company
 (``Cadovimex-Vietnam'').\13\
------------------------------------------------------------------------
Cafatex Fishery Joint Stock         4.57
 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.
------------------------------------------------------------------------
Cam Ranh Seafoods Processing        4.57%
 Enterprise Company (``Camranh
 Seafoods'') aka Camranh Seafoods.
Can Tho Agricultural and Animal     4.57
 Products Import Export Company
 (``CATACO'') aka Can Tho
 Agricultural Products aka CATACO,
 aka Can Tho Agricultural and
 Animal Products Imex Company.\14\
------------------------------------------------------------------------
Coastal Fishery Development aka     4.57
 Coastal Fisheries Development
 Corporation (Cofidec) aka Coastal
 Fisheries Development Corporation
 (Cofidec).
------------------------------------------------------------------------
Cuulong Seaproducts Company (``Cuu  4.57
 Long Seapro'') aka Cuu Long
 Seaproducts Limited (Cuulong
 Seapro) aka Cuulong Seapro, aka
 Cuulong Seaproducts Company
 (``Cuulong Seapro'') (``Cuu Long
 Seapro'').
------------------------------------------------------------------------
Danang Seaproducts Import Export    4.57
 Corporation (``Seaprodex
 Danang'') aka Tho Quang Seafood
 Processing & Export Company, aka
 Seaprodex Danang, aka Tho Quang
 Seafood Processing And Export
 Company, aka Tho Quang, aka Tho
 Quang Co.
------------------------------------------------------------------------
Thuan Phuoc Seafoods and Trading    4.57
 Corporation (``Thuan Phuoc
 JSC'').\15\.
Grobest & I-Mei Industrial          0.00 (zero)
 (Vietnam) Co., Ltd., aka Grobest
 & I-Mei Industry Vietnam, aka
 Grobest.
Investment Commerce Fisheries       4.57
 Corporation (``Incomfish'').
Minh Hai Export Frozen Seafood      4.57
 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 Joint-Stock Company,
 aka Minh Hai Joint Stock Seafood
 Processing Joint-Stock Company,
 aka Minh Hai Export Frozen
 Seafood Processing Joint-Stock
 Co., aka Minh Hai Export Frozen
 Seafood Processing Joint-Stock
 Company Minh Hai Jostoco.\16\
------------------------------------------------------------------------
Minh Hai Joint-Stock Seafoods       4.30
 Processing Company (``Seaprodex
 Minh Hai'') aka Sea Minh Hai, aka
 Minh Hai Joint-Stock Seafoods
 Processing Company.
------------------------------------------------------------------------
Minh Hai Sea Products Import        4.57
 Export Company (Seaprimex Co),
 aka Ca Mau Seafood Joint Stock
 Company (``SEAPRIMEXCO'') aka
 Seaprimexco Vietnam, aka
 Seaprimexco, aka Ca Mau Seafood
 Joint Stock Company (Seaprimexco).
------------------------------------------------------------------------
Ngoc Sinh Private Enterprise, aka   4.57
 Ngoc Sinh Seafoods, aka Ngoc Sinh
 Seafoods Processing and Trading
 Enterprise.
------------------------------------------------------------------------
Nha Trang Fisheries Joint Stock     4.57
 Company (``Nha Trang Fisco'').
Nha Trang Seaproduct Company (`Nha  4.57
 Trang Seafoods'').
Phu Cuong Seafood Processing and    4.57
 Import-Export Co., Ltd.
Sao Ta Foods Joint Stock Company    4.57
 (``Fimex VN''), aka Sao Ta
 Seafood Factory.
Soc Trang Seafood Joint Stock       4.57
 Company \17\.
UTXI Aquatic Products Processing    4.57
 Corporation \18\.
Viet Foods Co., Ltd. (``Viet        4.57
 Foods'').
Viet Hai Seafood Co., Ltd. aka      0.00 (zero)
 Vietnam Fish One Co., Ltd. (Fish
 One).
Vinh Loi Import Export Company      4.57
 (``Vimexco''), aka Vinh Loi
 Import Export Company
 (``VIMEX''), aka VIMEXCO, aka
 VIMEX.
------------------------------------------------------------------------
Vietnam-Wide Rate \19\............  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).
---------------------------------------------------------------------------

    \12\ See CCR Final; see also Issues and Decision Memo at Comment 
17.
    \13\ See CCR Final; see also Issues and Decision Memo at Comment 
17.
    \14\ Because we have determined that Cantho Import-Export 
Seafood Joint Stock Company, also known as Caseamex is not a 
successor-in-interest to Cataco, we have not extended Cataco's 
separate rate status to Caseamex or to Can Tho Import Export Fishery 
Limited Company (``CAFISH''). See CCR Final; see also Issues and 
Decision Memo at Comment 17.
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, 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 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

[[Page 47197]]

by this review if any importer-specific assessment rate calculated in 
the final results of this review is above de minimis.
---------------------------------------------------------------------------

    \15\ See CCR Final; see also Issues and Decision Memo at Comment 
17.
    \16\ For the same reasons discussed in Preliminary Results, 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''). See Preliminary Results at footnote 24.
    \17\ See CCR Final; see also Issues and Decision Memo at Comment 
17.
    \18\ See CCR Final; see also Issues and Decision Memo at Comment 
17.
    \19\ The Vietnam-wide entity includes: AAAS Logistics; Agrimex; 
Amerasian Shipping Logistics Corp.; American Container Line; An 
Giang Fisheries Import and Export Joint Stock Company (Agifish); An 
Xuyen; Angiang Agricultural; Technology Service Company; Aquatic 
Products Trading Company; Bentre Aquaproduct Imports & Exports; 
Bentre Forestry and Aquaproduct Import-Export Company 
(``FAQUIMEX''); Bentre Frozen Aquaproduct Exports; Bentre Seafood 
Joint Stock; Beseaco, Binh Dinh Fishery Joint Stock; Cantho Import-
Export Seafood Joint Stock Company (``Caseamex''); Can Tho Import 
Export Fishery Limited Company (``CAFISH''); Ca Mau Seaproducts 
Exploitation and Service Corporation (``SES''); Camau Seafood Fty; 
Can Tho Seafood Exports; Cautre Enterprises; Chun Cheng Da Nang Co., 
Ltd.; Co Hieu; Cong Ty Do Hop Viet Cuong; Dao Van Manh; Dong Phuc 
Huynh; Dragon Waves Frozen Food Fty.; Duyen Hai Bac Lieu Company 
(``T.K. Co.''); Duyen Hai Foodstuffs Processing Factory 
(``COSEAFEX''); General Imports & Exports; Hacota; Hai Ha Private 
Enterprise; Hai Thuan Export Seaproduct Processing Co., Ltd. ; Hai 
Viet; Hai Viet Corporation (``HAVICO''); Hanoi Seaproducts Import 
Export Corporation (``Seaprodex Hanoi''); Seaprodex Hanoi; Hatrang 
Frozen Seaproduct Fty; Hoa Nam Marine Agricultural; Hoan An Fishery; 
Hoan Vu Marine Product Co., Ltd.; Hua Heong Food Ind Vietnam; Khanh 
Loi Trading; Kien Gang Sea Products Import--Export Company 
(Kisimex); Kien Gang Seaproduct Import and Export Company 
(``KISIMEX''); Konoike Vinatrans Logistics; Lamson Import-Export 
Foodstuffs Corporation; Long An Food Processing Export Joint Stock 
Company (``LAFOOCO''); Lucky Shing; Nam Hai; Nha Trang Company 
Limited; Nha Trang Fisheries Co. Ltd.; Pataya Food Industry 
(Vietnam) Ltd.; Phat Loc Seafood; Phung Hung Private Business; 
Saigon Orchide; Sea Product; Sea Products Imports & Exports; Seafood 
Company Zone II (``Thusaco2''); Seafood Processing Joint Stock 
Company No.9 (previously Seafood Processing Imports Exports); 
Seafoods and Foodstuff Factory; Seaprodex; Seaprodex Quang Tri; 
Sonacos; Song Huong ASC Import-Export Company Ltd.; Song Huong ASC 
Joint Stock Company; Special Aquatic Products Joint Stock Company 
(``Seaspimex''); SSC; T & T Co., Ltd.; Tacvan Frozen Seafoods 
Processing Export Company; Thami Shipping & Airfreight; Thang Long; 
Thanh Long; Thanh Doan Seaproducts Import; Thien Ma Seafood; Tourism 
Material and Equipment Company (Matourimex Hochiminh City Branch); 
Truc An Company; Trung Duc Fisheries Private Enterprise; V N 
Seafoods; Vien Thang Private Enterprise; Viet Nhan Company; 
Vietfracht Can Tho; Vietnam Northern Viking Technologie Co.; Vietnam 
Northern Viking Technology Co. Ltd.; Vietnam Tomec Co., Ltd.; 
Vilfood Co.; and Vita.
---------------------------------------------------------------------------

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 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 
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 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

General Issues

Comment 1: Respondent Selection Methodology
Comment 2: Surrogate Country
Comment 3: Treatment of Sales with Negative Margins

Surrogate Values

Comment 4: Wage Rate Calculation
Comment 5: Bangladeshi Inflator Data
Comment 6: Raw Shrimp
    A. Surrogate Value Source
    B. Period of NACA Data Used
    C. Count Size Classifications
Comment 7: Other Surrogate Values
    A. By-Products
    B. Master Cartons
    C. Inner Boxes
    D. Plastic Trays/Rings
    E. Sticker/Label
    F. Cold Storage

Surrogate Financial Ratios

Comment 8: Use of Gemini Foods Inc.
Comment 9: Treatment of Depreciation Expenses
Comment 10: Treatment of Labor Expenses

Company-Specific Issues

Comment 11: Application of Adverse Facts Available to Minh Phu Group's 
U.S. Warehousing Expenses
Comment 12: Application of Facts Available to Minh Phu Group's Domestic 
Warehousing Expenses
Comment 13: Clerical Errors Alleged for Minh Phu Group
    A. Treatment of Minh Phu Group's Sample Sales
    B. Treatment of Minh Phu Group's Returned Merchandise
    C. Minh Phu Group's Import-Specific Assessment
Comment 14: Clerical Errors Alleged for Camimex
Comment 15: Clerical Errors Alleged for Phuong Nam
Comment 16: Treatment of Fish One Revocation Request
Comment 17: Separate-Rate Status of Certain SR Respondents
Comment 18: Treatment of C.P. Vietnam Livestock Co., Ltd.
Comment 19: Treatment of Kim Anh Co., Ltd.

[FR Doc. E9-22188 Filed 9-14-09; 8:45 am]
BILLING CODE 3510-DS-P