Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 60730-60731 [2010-24729]

Download as PDF 60730 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices suspend liquidation of all entries of copper pipe and tube from the PRC, as described in the ‘‘Scope of Investigation’’ section, entered, or withdrawn from warehouse, for consumption on or after May 12, 2010, the date of publication of the Preliminary Determination in the Federal Register. The Department will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average amount by which the normal value exceeds U.S. price, as indicated above. International Trade Commission Notification In accordance with section 735(d) of the Act, the Department has notified the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. emcdonald on DSK2BSOYB1PROD with NOTICES Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or 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 determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. VerDate Mar<15>2010 17:34 Sep 30, 2010 Jkt 220001 Dated: September 24, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Comment 18: Whether the Department should make certain minor corrections. [FR Doc. 2010–24720 Filed 9–30–10; 8:45 am] BILLING CODE 3510–DS–P Appendix I Issues for Final Determination Comment 1: Whether the Department should revise its labor rate calculation. Comment 2: Whether the Department should revise its calculation of the surrogate financial ratios. Comment 3: Whether the Department should issue cash deposit instructions that contain ad valorem rates or specific rates. DEPARTMENT OF COMMERCE Issues Specific to Golden Dragon Precise Copper Tube Group, Inc. Comment 4: Whether the Department should treat copper cathode purchases by Golden Dragon from a certain supplier in the Peoples’s Republic of China as nonmarket economy purchases. Comment 5: Whether the Department should recalculate Golden Dragon’s copper cathode cost based on the bonded and general trade copper cathode purchases during the period of investigation. Comment 6: Whether the Department should revise the surrogate value for plywood batten consumed by Golden Dragon. Comment 7: Whether the Department should consider solvent consumed by Golden Dragon to be a direct material input. Comment 8: Whether the Department should include salaries paid to two employees of Golden Dragon who worked in the United States during the period of investigation as indirect U.S. selling expenses. Comment 9: Whether the Department should adjust the factor of production for electricity for 7 mm and 9 mm innergrooved tube products. Comment 10: Whether the Department should make certain minor corrections. AGENCY: Issues Specific to Zhejiang Hailiang Co., Ltd., Shanghai Hailiang Copper Co., Ltd., and Hong Kong Hailiang Metal Trading Limited Comment 11: Whether to use facts available with regard to the Hailiang Group’s line set sales. Comment 12: Whether to use of facts available with regard to the Hailiang Group’s factors of production. Comment 13: Whether to correct the water usage factor of production used in the Preliminary Determination. Comment 14: Whether the Department should accept the post-preliminary correction of the consumption of Shanghai Hailiang’s wooden crates. Comment 15: Whether to continue considering certain raw materials as factors of production or exclude them from the calculation of the Hailiang Group’s normal value. Comment 16: Whether to continue using the actual weight reported by the Hailiang Group in its United States sales database. Comment 17: Whether to include two additional categories of indirect labor as labor inputs. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 1, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on certain frozen warmwater shrimp (‘‘shrimp’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’), received on August 26, 2010, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is February 1, 2010–July 31, 2010. FOR FURTHER INFORMATION CONTACT: Paul Walker, 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: 202–482–0413. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on shrimp from Vietnam was published in the Federal Register on February 1, 2005.1 On August 26, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), and section 351.214(c) of the Department’s regulations, the Department received a NSR request from Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. (‘‘Quoc Viet’’). Quoc Viet’s request was properly made during August 2010, which is the semiannual anniversary of the Order. Quoc Viet certified that it is a producer and exporter of the subject merchandise upon which the request was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and section 351.214(b)(2)(i) of the Department’s regulations, Quoc Viet 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (‘‘Order’’). E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and section 351.214(b)(2)(iii)(A) of the Department’s regulations, Quoc Viet certified that, since the initiation of the investigation, it has never been affiliated with any Vietnamese exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation. As required by section 351.214(b)(2)(iii)(B) of the Department’s regulations, Quoc Viet also certified that its export activities were not controlled by the central government of Vietnam. In addition to the certifications described above, pursuant to section 351.214(b)(2)(iv) of the Department’s regulations, Quoc Viet submitted documentation establishing the following: (1) The date on which Quoc Viet first shipped subject merchandise for export to the United States and; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.2 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and section 351.214(d)(1) of the Department’s regulations, we find that the request submitted by Quoc Viet meets the threshold requirements for initiation of a NSR for shipments of shrimp from Vietnam produced and exported by Quoc Viet.3 The POR is February 1, 2010–July 31, 2010.4 The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 270 days from the date of initiation.5 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Quoc Viet, which will include a section requesting information with regard to Quoc Viet’s export activities for separate rate purposes. The NSR will proceed if the response provides sufficient indication that Quoc Viet is not subject to either de jure or de facto government control with respect to its export of subject merchandise. We will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Quoc Viet in accordance with section 751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department’s regulations. Because Quoc Viet certified that it both produced and exported the subject merchandise, the sale of which is the basis for this new shipper review request, we will apply the bonding privilege to Quoc Viet only for subject merchandise which Quoc Viet both produced and exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with sections 351.305 and 351.306 of the Department’s regulations. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and sections 351.214 and 351.221(c)(1)(i) of the Department’s regulations. Dated: September 20, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–24729 Filed 9–30–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year Review (‘‘Sunset Review’’) of the antidumping and countervailing duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of FiveYear Review which covers the same orders. SUMMARY: DATES: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3— Policies Regarding the Conduct of FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping and countervailing duty orders: ITC Case No. Country Product A–351–602 ........ emcdonald on DSK2BSOYB1PROD with NOTICES Effective Date: October 1, 2010. FOR FURTHER INFORMATION CONTACT: DOC Case No. 731–TA–308 ..... Brazil .............................. A–588–602 ........ 731–TA–309 ..... Japan .............................. Carbon Steel Butt-Weld Pipe Fittings (3rd Review). Carbon Steel Butt-Weld Pipe Fittings (3rd Review). 2 See also ‘‘Memorandum to the File, through Scot T. Fullerton, Program Manager, ‘‘Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Placing CBP data on the record,’’ dated concurrently with this notice. VerDate Mar<15>2010 17:34 Sep 30, 2010 Jkt 220001 3 See ‘‘Memorandum to the File, through Scot T. Fullerton, Program Manager, ‘‘Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: New Shipper Initiation Checklist,’’ dated concurrently with this notice. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 60731 Department contact Dana Merrmelstein (202) 482–1391. Dana Mermelstein (202) 482–1391. 4 See section 351.214(g)(1)(i)(B) of the Department’s regulations. 5 See section 751(a)(2)(B)(iv) of the Act. E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60730-60731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24729]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


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

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

DATES: Effective Date: October 1, 2010.

SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain frozen warmwater shrimp (``shrimp'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on August 26, 
2010, meets the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for this NSR is February 1, 2010-July 
31, 2010.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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: 202-482-0413.

SUPPLEMENTARY INFORMATION: 

Background

    The notice announcing the antidumping duty order on shrimp from 
Vietnam was published in the Federal Register on February 1, 2005.\1\ 
On August 26, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``Act''), and section 351.214(c) of the 
Department's regulations, the Department received a NSR request from 
Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. 
(``Quoc Viet''). Quoc Viet's request was properly made during August 
2010, which is the semi-annual anniversary of the Order. Quoc Viet 
certified that it is a producer and exporter of the subject merchandise 
upon which the request was based.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (``Order'').
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and section 
351.214(b)(2)(i) of the Department's regulations, Quoc Viet

[[Page 60731]]

certified that it did not export subject merchandise to the United 
States during the period of investigation (``POI''). In addition, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and section 
351.214(b)(2)(iii)(A) of the Department's regulations, Quoc Viet 
certified that, since the initiation of the investigation, it has never 
been affiliated with any Vietnamese exporter or producer who exported 
subject merchandise to the United States during the POI, including 
those respondents not individually examined during the investigation. 
As required by section 351.214(b)(2)(iii)(B) of the Department's 
regulations, Quoc Viet also certified that its export activities were 
not controlled by the central government of Vietnam.
    In addition to the certifications described above, pursuant to 
section 351.214(b)(2)(iv) of the Department's regulations, Quoc Viet 
submitted documentation establishing the following: (1) The date on 
which Quoc Viet first shipped subject merchandise for export to the 
United States and; (2) the volume of its first shipment; and (3) the 
date of its first sale to an unaffiliated customer in the United 
States.\2\
---------------------------------------------------------------------------

    \2\ See also ``Memorandum to the File, through Scot T. 
Fullerton, Program Manager, ``Certain Frozen Warmwater Shrimp from 
the Socialist Republic of Vietnam: Placing CBP data on the record,'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and section 
351.214(d)(1) of the Department's regulations, we find that the request 
submitted by Quoc Viet meets the threshold requirements for initiation 
of a NSR for shipments of shrimp from Vietnam produced and exported by 
Quoc Viet.\3\ The POR is February 1, 2010-July 31, 2010.\4\ The 
Department intends to issue the preliminary results of this NSR no 
later than 180 days from the date of initiation, and the final results 
no later than 270 days from the date of initiation.\5\
---------------------------------------------------------------------------

    \3\ See ``Memorandum to the File, through Scot T. Fullerton, 
Program Manager, ``Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: New Shipper Initiation Checklist,'' 
dated concurrently with this notice.
    \4\ See section 351.214(g)(1)(i)(B) of the Department's 
regulations.
    \5\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the NME entity-
wide rate provide evidence of de jure and de facto absence of 
government control over the company's export activities. Accordingly, 
we will issue questionnaires to Quoc Viet, which will include a section 
requesting information with regard to Quoc Viet's export activities for 
separate rate purposes. The NSR will proceed if the response provides 
sufficient indication that Quoc Viet is not subject to either de jure 
or de facto government control with respect to its export of subject 
merchandise.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Quoc Viet in accordance with section 
751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department's 
regulations. Because Quoc Viet certified that it both produced and 
exported the subject merchandise, the sale of which is the basis for 
this new shipper review request, we will apply the bonding privilege to 
Quoc Viet only for subject merchandise which Quoc Viet both produced 
and exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with sections 351.305 and 351.306 of the 
Department's regulations.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and sections 351.214 and 351.221(c)(1)(i) of 
the Department's regulations.

    Dated: September 20, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-24729 Filed 9-30-10; 8:45 am]
BILLING CODE 3510-DS-P