Fourth New Shipper Review of Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review, 45775-45777 [2011-19388]
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
Department does not receive, by the last
day of August 2011, a request for review
of entries covered by an order, finding,
or suspended investigation listed in this
notice and for the period identified
above, the Department will instruct CBP
to assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: July 27, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–19411 Filed 7–29–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for
September 2011
The following Sunset Reviews are
scheduled for initiation in September
2011 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Reviews.
Antidumping duty proceedings
Department contact
Furfuryl Alcohol from the People’s Republic of China (A–570–835) (3rd Review) ....................................................
Julia Hancock, (202) 482–
1394.
Dana Mermelstein, (202)
482–1391.
David Goldberger, (202) 482–
4136.
Fresh Garlic from the People’s Republic of China (A–570–831) (3rd Review) ..........................................................
Ferrovanadium and Nitrided Vanadium from Russia (A–821–807) (3rd Review) ......................................................
Countervailing Duty Proceedings
No Sunset Review of countervailing
duty orders is scheduled from initiation
in September 2011.
srobinson on DSK4SPTVN1PROD with NOTICES
Suspended Investigations
No Sunset Review of suspended
investigations is scheduled from
initiation in September 2011.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. 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). The Notice of Initiation
of Five-Year (‘‘Sunset’’) Reviews
provides further information regarding
what is required of all parties to
participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
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17:45 Jul 29, 2011
Jkt 223001
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: July 19, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–19413 Filed 7–29–11; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Fourth New Shipper Review of Certain
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final
Results of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 13, 2011, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the fourth new
shipper review (‘‘NSR’’) on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’), covering the period of
review (‘‘POR’’) of February 1, 2010–
July 31, 2010.1 The Department received
no comments on its Preliminary Results.
DATES: Effective Date: August 1, 2011.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty New Shipper Review, 76 FR
20627 (April 13, 2011) (‘‘Preliminary Results’’).
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0413.
Case History
The Department invited interested
parties to comment on the Preliminary
Results. On May 13, 2011, Quoc Viet
Seaproducts Processing Trading and
Import-Export Co., Ltd. (‘‘Quoc Viet’’)
submitted a case brief.2 No other
interested party submitted a case brief.
On May 16, 2011 Quoc Viet withdrew
its case brief.3 On June 23, 2011 the
Department released a letter concerning
labor wage rates.4 On July 7, 2011 Quoc
Viet submitted comments on labor wage
rates. On July 11, 2011 Quoc Viet
withdrew its labor wage rate
comments.5 As a consequence, there are
no case briefs, comments or hearing
requests since the Preliminary Results
on the record of this NSR.
Scope of Order
The scope of the order includes
certain warmwater shrimp and prawns,
whether frozen, wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,6
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘HTS’’), 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
2 See
Quoc Viet’s May 13, 2011 submission.
to Quoc Viet, because no other party
submitted comments on the final results, and
because the issues raised by Quoc Viet in its case
brief would have no impact on the Preliminary
Determination, which has already established that
Quoc Viet is not dumping, Quoc Viet withdrew its
case brief. See Quoc Viet’s May 16, 2011
submission.
4 See the Department’s letter dated June 23, 2011.
5 Quoc Viet reiterated its statements made in its
May 16, 2011, submission, that that its comments
would have no impact on the Preliminary Results,
and thus, withdrew its comments. See Quoc Viet’s
July 11, 2011 submission.
6 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
srobinson on DSK4SPTVN1PROD with NOTICES
3 According
VerDate Mar<15>2010
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Jkt 223001
(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
(including dusted shrimp), 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 1605.20.1020); (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 0306.23.0020 and
0306.23.0040); (4) shrimp and prawns in
prepared meals (HTS subheading
1605.20.0510); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
and prawns (HTS subheading
1605.20.1040); and (7) certain battered
shrimp. Battered shrimp is a shrimpbased 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 individually quick
frozen (‘‘IQF’’) freezing immediately
after application of the dusting layer.
When dusted in accordance with the
definition of dusting above, the battered
shrimp product is also coated with a
wet viscous layer containing egg and/or
milk, and par-fried.
The products covered by this order
are currently classified under the
following HTS subheadings:
0306.13.0003, 0306.13.0006,
0306.13.0009, 0306.13.0012,
0306.13.0015, 0306.13.0018,
0306.13.0021, 0306.13.0024,
0306.13.0027, 0306.13.0040,
1605.20.1010 and 1605.20.1030. These
HTS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
PO 00000
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Fmt 4703
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the written description of the scope of
this order is dispositive.
Labor Wage Rate
Section 733(c) of the Tariff Act of
1930, as amended (the ‘‘Act’’), provides
that the Department will value the
factors of production (‘‘FOP’’) in NME
cases using the best available
information regarding the value of such
factors in a market economy (‘‘ME’’)
country or countries considered to be
appropriate by the administering
authority. The Act requires that when
valuing FOP, the Department utilize, to
the extent possible, the prices or costs
of factors of production in one or more
ME countries that are (1) At a
comparable level of economic
development and (2) significant
producers of comparable merchandise.7
Previously, the Department used
regression-based wages that captured
the worldwide relationship between per
capita Gross National Income (‘‘GNI’’)
and hourly manufacturing wages,
pursuant to section 351.408(c)(3) of the
Department’s regulations, to value the
respondent’s cost of labor. However, on
May 14, 2010 the Court of Appeals for
the Federal Circuit (‘‘CAFC’’), in Dorbest
Ltd. v. United States, 604 F.3d 1363,
1372 (Fed. Cir. 2010) (‘‘Dorbest’’),
invalidated section 351.408(c)(3) of the
Department’s regulations. As a
consequence of the CAFC’s ruling in
Dorbest, the Department no longer relies
on the regression-based wage rate
methodology described in its
regulations. On February 18, 2011 the
Department published a request for
public comment on the interim
methodology, and the data sources.8
On June 21, 2011 the Department
revised its methodology for valuing the
labor input in NME antidumping
proceedings.9 In Labor Methodologies,
the Department determined that the best
methodology to value the labor input is
to use industry-specific labor rates from
the primary surrogate country.
Additionally, the Department
determined that the best data source for
industry-specific labor rates is Chapter
6A: Labor Cost in Manufacturing, from
the International Labor Organization
(‘‘ILO’’) Yearbook of Labor Statistics
(‘‘Yearbook’’).
As Bangladesh does not report labor
data to the ILO, we are unable to use
7 See
section 773(c)(4) of the Act.
Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, Request for Comment,
76 FR 9544 (Feb. 18, 2011).
9 See Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR 36092 (June 21,
2011) (‘‘Labor Methodologies’’).
8 See
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
Chapter 6 data to value Quoc Viet’s
labor wage rate for these final results.
However, the record does contain a
labor value for shrimp processing in
Bangladesh, published by the
Bangladesh Bureau of Statistics. The
Department finds this labor value to be
the best available information on the
record because it is specific to the
industry being examined, and is
therefore derived from industries that
produce comparable merchandise.
Because this value is not
contemporaneous to the POR, we
inflated it using the Consumer Price
Index (‘‘CPI’’) rate for Bangladesh, as
published in the International Financial
Statistics of the International Monetary
Fund. Thus, for the final results we
valued labor using an industry-specific
labor rate from the primary surrogate
country. The calculated industryspecific wage rate is 16.71 Bangladeshi
takas per hour. A more detailed
description of the wage rate calculation
methodology is provided in the
Memorandum to the File, through Scot
T. Fullerton, Program Manager, from
Paul Walker, Case Analyst, ‘‘Fourth
New Shipper Review of Certain Frozen
Warmwater Shrimp from the Socialist
Republic of Vietnam: Surrogate Values
for the Final Results,’’ dated
concurrently with this memorandum.
As stated above, the Department
valued Quoc Viet’s labor using
Bangladeshi government data. Because
there is no record evidence as to
whether this data contains all costs
related to labor, including wages,
benefits, housing, training, etc., we have
made no adjustments to the surrogate
financial ratios for the itemized detail of
indirect labor costs, as noted in Labor
Methodologies.
Final Results of Review
The Department finds that the
following margin exists for Quoc Viet
for the period February 1, 2010–July 31,
2010:
CERTAIN FROZEN WARMWATER
SHRIMP FROM VIETNAM
Manufacturer/Exporter
Margin percent
Quoc Viet ..................
0.00 (de minimis.)
srobinson on DSK4SPTVN1PROD with NOTICES
Assessment of Antidumping Duties
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
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17:45 Jul 29, 2011
Jkt 223001
review. Pursuant to section
351.212(b)(1) of the Department’s
regulations, we will calculate importerspecific (or customer-specific) 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. In accordance
with section 351.106(c)(2) of the
Department’s regulations, we will
instruct CBP to liquidate, without regard
to antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for all shipments of
subject merchandise by Quoc Viet,
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the ‘‘Act’’): (1) For subject
merchandise produced and exported by
Quoc Viet, the cash deposit rate will be
zero; (2) for subject merchandise
exported by Quoc Viet, but not
manufactured by Quoc Viet, the cash
deposit rate will continue to be the
Vietnam-wide rate of 25.76 percent; and
(3) for subject merchandise
manufactured by Quoc Viet, but
exported by any party other than Quoc
Viet, the cash deposit rate will be the
rate applicable to the exporter. These
cash deposit requirements will remain
in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under section 351.402(f)(2) of the
Department’s regulations to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to the
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
in accordance with section 351.305 of
the Department’s regulations, which
continues to govern business
PO 00000
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45777
proprietary information in this segment
of the proceeding. Timely written
notification of the 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.
We are issuing and publishing this
NSR notice in accordance with sections
751(a)(2)(b) and 777(i) of the Act.
Dated: July 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–19388 Filed 7–29–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished From
the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 1, 2011.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
request for a new shipper review
(‘‘NSR’’) of the antidumping duty order
on tapered roller bearings (‘‘TRBs’’)
from the People’s Republic of China
(‘‘PRC’’) meets the statutory and
regulatory requirements for initiation.
The period of review (‘‘POR’’) for this
NSR is June 1, 2010, through May 31,
2011.
FOR FURTHER INFORMATION CONTACT:
Demitri Kalogeropoulos, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–2623.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The notice announcing the
antidumping duty order on TRBs from
the PRC was published in the Federal
Register on June 15, 1987. See
Antidumping Duty Order; Tapered
Roller Bearings and Parts Thereof,
Finished or Unfinished, From the
People’s Republic of China, 52 FR 22667
(June 15, 1987) (‘‘Order’’). On June 30,
2011, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended
(‘‘Act’’), and 19 CFR 351.214(b), the
E:\FR\FM\01AUN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45775-45777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19388]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Fourth New Shipper Review of Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Final Results of Antidumping Duty
New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 13, 2011, the Department of Commerce (the
``Department'') published the preliminary results of the fourth new
shipper review (``NSR'') on certain frozen warmwater shrimp
(``shrimp'') from the Socialist Republic of Vietnam (``Vietnam''),
covering the period of review (``POR'') of February 1, 2010-July 31,
2010.\1\ The Department received no comments on its Preliminary
Results.
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty New
Shipper Review, 76 FR 20627 (April 13, 2011) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: August 1, 2011.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
[[Page 45776]]
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0413.
Case History
The Department invited interested parties to comment on the
Preliminary Results. On May 13, 2011, Quoc Viet Seaproducts Processing
Trading and Import-Export Co., Ltd. (``Quoc Viet'') submitted a case
brief.\2\ No other interested party submitted a case brief. On May 16,
2011 Quoc Viet withdrew its case brief.\3\ On June 23, 2011 the
Department released a letter concerning labor wage rates.\4\ On July 7,
2011 Quoc Viet submitted comments on labor wage rates. On July 11, 2011
Quoc Viet withdrew its labor wage rate comments.\5\ As a consequence,
there are no case briefs, comments or hearing requests since the
Preliminary Results on the record of this NSR.
---------------------------------------------------------------------------
\2\ See Quoc Viet's May 13, 2011 submission.
\3\ According to Quoc Viet, because no other party submitted
comments on the final results, and because the issues raised by Quoc
Viet in its case brief would have no impact on the Preliminary
Determination, which has already established that Quoc Viet is not
dumping, Quoc Viet withdrew its case brief. See Quoc Viet's May 16,
2011 submission.
\4\ See the Department's letter dated June 23, 2011.
\5\ Quoc Viet reiterated its statements made in its May 16,
2011, submission, that that its comments would have no impact on the
Preliminary Results, and thus, withdrew its comments. See Quoc
Viet's July 11, 2011 submission.
---------------------------------------------------------------------------
Scope of Order
The scope of the order includes certain warmwater shrimp and
prawns, whether frozen, 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.
---------------------------------------------------------------------------
\6\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (``HTS''), 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 (including dusted shrimp), 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 1605.20.1020); (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 0306.23.0020 and 0306.23.0040); (4) shrimp
and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried
shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS
subheading 1605.20.1040); and (7) certain battered shrimp. Battered
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 individually quick frozen (``IQF'') freezing immediately
after application of the dusting layer. When dusted in accordance with
the definition of dusting above, the battered shrimp product is also
coated with a wet viscous layer containing egg and/or milk, and par-
fried.
The products covered by this order are currently classified under
the following HTS subheadings: 0306.13.0003, 0306.13.0006,
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021,
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and
1605.20.1030. These HTS 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.
Labor Wage Rate
Section 733(c) of the Tariff Act of 1930, as amended (the ``Act''),
provides that the Department will value the factors of production
(``FOP'') in NME cases using the best available information regarding
the value of such factors in a market economy (``ME'') country or
countries considered to be appropriate by the administering authority.
The Act requires that when valuing FOP, the Department utilize, to the
extent possible, the prices or costs of factors of production in one or
more ME countries that are (1) At a comparable level of economic
development and (2) significant producers of comparable merchandise.\7\
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\7\ See section 773(c)(4) of the Act.
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Previously, the Department used regression-based wages that
captured the worldwide relationship between per capita Gross National
Income (``GNI'') and hourly manufacturing wages, pursuant to section
351.408(c)(3) of the Department's regulations, to value the
respondent's cost of labor. However, on May 14, 2010 the Court of
Appeals for the Federal Circuit (``CAFC''), in Dorbest Ltd. v. United
States, 604 F.3d 1363, 1372 (Fed. Cir. 2010) (``Dorbest''), invalidated
section 351.408(c)(3) of the Department's regulations. As a consequence
of the CAFC's ruling in Dorbest, the Department no longer relies on the
regression-based wage rate methodology described in its regulations. On
February 18, 2011 the Department published a request for public comment
on the interim methodology, and the data sources.\8\
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\8\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, Request
for Comment, 76 FR 9544 (Feb. 18, 2011).
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On June 21, 2011 the Department revised its methodology for valuing
the labor input in NME antidumping proceedings.\9\ In Labor
Methodologies, the Department determined that the best methodology to
value the labor input is to use industry-specific labor rates from the
primary surrogate country. Additionally, the Department determined that
the best data source for industry-specific labor rates is Chapter 6A:
Labor Cost in Manufacturing, from the International Labor Organization
(``ILO'') Yearbook of Labor Statistics (``Yearbook'').
---------------------------------------------------------------------------
\9\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011) (``Labor Methodologies'').
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As Bangladesh does not report labor data to the ILO, we are unable
to use
[[Page 45777]]
Chapter 6 data to value Quoc Viet's labor wage rate for these final
results. However, the record does contain a labor value for shrimp
processing in Bangladesh, published by the Bangladesh Bureau of
Statistics. The Department finds this labor value to be the best
available information on the record because it is specific to the
industry being examined, and is therefore derived from industries that
produce comparable merchandise. Because this value is not
contemporaneous to the POR, we inflated it using the Consumer Price
Index (``CPI'') rate for Bangladesh, as published in the International
Financial Statistics of the International Monetary Fund. Thus, for the
final results we valued labor using an industry-specific labor rate
from the primary surrogate country. The calculated industry-specific
wage rate is 16.71 Bangladeshi takas per hour. A more detailed
description of the wage rate calculation methodology is provided in the
Memorandum to the File, through Scot T. Fullerton, Program Manager,
from Paul Walker, Case Analyst, ``Fourth New Shipper Review of Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results,'' dated concurrently with this
memorandum.
As stated above, the Department valued Quoc Viet's labor using
Bangladeshi government data. Because there is no record evidence as to
whether this data contains all costs related to labor, including wages,
benefits, housing, training, etc., we have made no adjustments to the
surrogate financial ratios for the itemized detail of indirect labor
costs, as noted in Labor Methodologies.
Final Results of Review
The Department finds that the following margin exists for Quoc Viet
for the period February 1, 2010-July 31, 2010:
Certain Frozen Warmwater Shrimp From Vietnam
------------------------------------------------------------------------
Manufacturer/Exporter Margin percent
------------------------------------------------------------------------
Quoc Viet................................. 0.00 (de minimis.)
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Assessment of Antidumping Duties
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to section
351.212(b)(1) of the Department's regulations, we will calculate
importer-specific (or customer-specific) 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. In accordance with section 351.106(c)(2) of the
Department's regulations, we will instruct CBP to liquidate, without
regard to antidumping duties, all entries of subject merchandise during
the POR for which the importer-specific assessment rate is zero or de
minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of subject merchandise by Quoc Viet, entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the ``Act''): (1) For subject merchandise produced and exported by
Quoc Viet, the cash deposit rate will be zero; (2) for subject
merchandise exported by Quoc Viet, but not manufactured by Quoc Viet,
the cash deposit rate will continue to be the Vietnam-wide rate of
25.76 percent; and (3) for subject merchandise manufactured by Quoc
Viet, but exported by any party other than Quoc Viet, the cash deposit
rate will be the rate applicable to the exporter. These cash deposit
requirements will remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under section 351.402(f)(2) of the Department's
regulations to file a certificate regarding the reimbursement of
antidumping duties prior to liquidation of the relevant entries during
the POR. Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping duties has
occurred and the subsequent assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO, in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the 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.
We are issuing and publishing this NSR notice in accordance with
sections 751(a)(2)(b) and 777(i) of the Act.
Dated: July 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-19388 Filed 7-29-11; 8:45 am]
BILLING CODE 3510-DS-P
