Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 16384-16385 [2011-6881]

Download as PDF 16384 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices Chiieh Yung, Jisco, and Koram Panagene Comment 12: Withdrawal of Review Request currently due no later than March 19, 2011. Shandong Minmetal Comment 13: Application of Total Adverse Facts Available (‘‘AFA’’) Statutory Time Limits Yitian Nanjing Comment 14: PRC-wide Rate Tianjin Shenyuan and Shaoxing Chengye Comment 15: Correction of Company Names Oriental Cherry Group Comment 16: Rate for Final Results Stanley Comment 17: Application of Total or Partial AFA Comment 18: Intermediate Input Methodology Comment 19: Indirect Selling Expenses [FR Doc. 2011–6728 Filed 3–22–11; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Extension of Preliminary Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is extending the time limit for the preliminary results of the new shipper review of certain frozen warmwater shrimp (‘‘shrimp’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’). The period of review for this review is February 1, 2010, through July 31, 2010. DATES: Effective Date: March 23, 2011. 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. jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: The Department has determined that the review is extraordinarily complicated as the Department must issue, and analyze the responses to, additional supplemental questionnaires concerning Quoc Viet’s sales practices and its shrimp factors of production usage ratio. Moreover, the Department needs additional time to analyze the bona fide nature of Quoc Viet’s sale, which includes gathering data from U.S. Customs and Border Protection. Based on the timing of the case and the additional information that must be gathered, the preliminary results of this new shipper review cannot be completed within 180 days. Therefore, the Department is extending the time limit for completion of the preliminary results of this new shipper review by 26 days from the original March 19, 2011, deadline. The preliminary results will now be due no later than April 14, 2011. The final results continue to be due 90 days after the issuance of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Background Dated: March 16, 2011. On October 1, 2010, the Department Christian Marsh, published a notice of initiation of the Deputy Assistant Secretary for Antidumping new shipper review in the antidumping and Countervailing Duty Operations. duty order on shrimp from Vietnam for [FR Doc. 2011–6883 Filed 3–22–11; 8:45 am] Quoc Viet Seaproducts Processing BILLING CODE 3510–DS–P Trading and Import-Export Co., Ltd. (‘‘Quoc Viet’’). See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 75 FR 60730 (October 1, 2010). The preliminary results of this review are VerDate Mar<15>2010 16:46 Mar 22, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 International Trade Administration [A–552–802] Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results within 90 days after the date on which the preliminary results are issued. However, the Department may extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated. See 19 CFR 351.214(i)(2). Extension of Time Limit for Preliminary Results of Review DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE 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: March 23, 2011. SUMMARY: The Department of Commerce (the ‘‘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 February 28, 2011, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is February 1, 2010– January 31, 2011. 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: AGENCY: Background The notice announcing the antidumping duty order on shrimp from Vietnam was published in the Federal Register on February 1, 2005.1 On February 28, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and section 351.214(c) of the Department’s regulations, the Department received a NSR request from Thong Thuan Seafood Co., Ltd. (‘‘Thong Thuan’’). Thong Thuan 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, Thong Thuan 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, Thong Thuan certified that, since the initiation of the investigation, it has never been affiliated with any Vietnamese exporter or producer who 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\23MRN1.SGM 23MRN1 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 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, Thong Thuan 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, Thong Thuan submitted documentation establishing the following: (1) The date on which Thong Thuan 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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 Thong Thuan meets the threshold requirements for initiation of a NSR for shipments of shrimp from Vietnam produced and exported by Thong Thuan.3 The POR is February 1, 2010—January 31, 2011.4 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 Thong Thuan, which will include a section requesting information with regard to Thong Thuan’s export activities for separate rate purposes. The NSR will proceed if the response provides sufficient indication that Thong Thuan is not subject to either de jure or de facto government control with respect to its export of subject merchandise. 2 See also ‘‘Memorandum to the File, from Paul Walker, Acting Program Manager, ‘‘Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Placing CBP data on the record,’’ dated concurrently with this notice. 3 See ‘‘Memorandum to the File, from Paul Walker, Acting 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. VerDate Mar<15>2010 16:46 Mar 22, 2011 Jkt 223001 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 Thong Thuan in accordance with section 751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department’s regulations. Because Thong Thuan 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 Thong Thuan only for subject merchandise which Thong Thuan 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: March 14, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–6881 Filed 3–22–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA313 Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. AGENCY: The Gulf of Mexico Fishery Management Council will convene public meetings. DATES: The meetings will be held April 11–14, 2011. ADDRESSES: The meetings will be held at the Perdido Beach Resort, 27200 Perdido Beach Boulevard, Orange Beach, AL 36561; telephone: (251) 981– 9811. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16385 Dr. Stephen Bortone, Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Council Wednesday, April 13, 2011 3:30 p.m.—The Council meeting will begin with a review of the agenda and approval of the minutes. 3:45 p.m.–4 p.m.—The Council will receive a presentation titled ‘‘Fisheries 101.’’ 4 p.m.–6 p.m.—The Council will receive public testimony on exempted fishing permits (EFPs), if any; Final Action on the interim rule for gag grouper; and hold an open public comment period regarding any fishery issue of concern. People wishing to speak before the Council should complete a public comment card prior to the comment period. Thursday, April 14, 2011 8:30 a.m.–10 a.m.—The Council will receive presentations on fishery dependent/independent sampling and on the oil spill recovery in the Gulf of Mexico. 10 a.m.–3:45 p.m.—The Council will review and discuss reports from the committee meetings as follows: Budget/Personnel; Coastal Migratory Pelagic (Mackerel); Sustainable Fisheries/Ecosystem; Joint Allocation/Reef Fish; Advisory Panel Selection; Scientific & Statistical Committee Selection; and Reef Fish. 3:45 p.m.–4:15 p.m.—Other Business items will follow from. The Council will conclude its meeting at approximately 4:15 p.m. Committees Monday, April 11, 2011 8:30 a.m.–11:30 a.m.—Closed Session— The Advisory Panel Selection Committee/Full Council will meet to conduct the bi-annual appointment of members to the various Advisory Panels. 1 p.m.–3:30 p.m.—Closed Session—The Scientific & Statistical Committees Selection Committee/Full Council will meet to conduct the bi-annual appointment of members to the various Scientific & Statistical Committees. 3:30 p.m.–4 p.m.—The Budget/ Personnel Committee will receive a report on the 2011 Council budget. 4 p.m.–5 p.m.—A joint meeting of the Allocation and Reef Fish Management Committees will be held to discuss Reef Fish E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16384-16385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6881]


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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: March 23, 2011.

SUMMARY: The Department of Commerce (the ``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 February 28, 
2011, meets the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for this NSR is February 1, 2010-January 
31, 2011.

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 February 28, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (the ``Act''), and section 351.214(c) of the 
Department's regulations, the Department received a NSR request from 
Thong Thuan Seafood Co., Ltd. (``Thong Thuan''). Thong Thuan 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, Thong Thuan 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, Thong Thuan certified that, since the 
initiation of the investigation, it has never been affiliated with any 
Vietnamese exporter or producer who

[[Page 16385]]

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, Thong Thuan 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, Thong Thuan 
submitted documentation establishing the following: (1) The date on 
which Thong Thuan 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, from Paul Walker, Acting 
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 Thong Thuan meets the threshold requirements for 
initiation of a NSR for shipments of shrimp from Vietnam produced and 
exported by Thong Thuan.\3\ The POR is February 1, 2010--January 31, 
2011.\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, from Paul Walker, Acting 
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 Thong Thuan, which will include a 
section requesting information with regard to Thong Thuan's export 
activities for separate rate purposes. The NSR will proceed if the 
response provides sufficient indication that Thong Thuan 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 Thong Thuan in accordance with section 
751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department's 
regulations. Because Thong Thuan 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 
Thong Thuan only for subject merchandise which Thong Thuan 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: March 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-6881 Filed 3-22-11; 8:45 am]
BILLING CODE 3510-DS-P