Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 56158-56165 [2011-23278]
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Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Notices
Dated: September 2, 2011.
Gregory W. Campbell,
Director, Subsidies Enforcement Office,
Import Administration.
[FR Doc. 2011–23275 Filed 9–9–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Extension of Time Limit for the Final
Results of the Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Dave Layton at (202) 482–0371 or
Austin Redington at (202) 482–1664;
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–P
On June 8, 2011, the Department of
Commerce (‘‘Department’’) published
the preliminary results of the
administrative review of the
countervailing duty order on citric acid
and certain citrate sales from People’s
Republic of China, covering the period
September 19, 2008, through December
31, 2009. See Citric Acid and Certain
Citrate Sales from the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review, 76 FR 33219 (June 8, 2011)
(‘‘Preliminary Results’’). In the
Preliminary Results we stated that we
would issue our final results for the
countervailing duty administrative
review no later than 120 days after the
date of publication of the Preliminary
Results.
Statutory Time Limits
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Dated: September 6, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–23281 Filed 9–9–11; 8:45 am]
Background
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results of an administrative review
within 120 days of the publication of
the Preliminary Results. If it is not
practicable to complete the review
within the time period, section
751(a)(3)(A) of the Act allows the
Department to extend this deadline to a
maximum of 180 days.
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Extension of Time Limits for Final
Results
The Department has determined that
completion of the final results of this
review within the original time period
(i.e., by October 6, 2011) is not
practicable. We are currently verifying
the responses of the respondents, and
will require time to write verification
reports and allow interested parties
adequate time to comment. Also, in the
instant review, the Department needs
additional time to conduct a postpreliminary analysis of lending
programs, the respondents’
creditworthiness, and inputs supplied
for less than adequate remuneration. See
Preliminary Results, 76 FR at 33238.
Therefore, the Department is extending
the time limit for completion of the final
results to not later than December 5,
2011, which is 180 days from the date
of publication of the Preliminary
Results, in accordance with section
751(a)(3)(A) of the Act.
We are issuing and publishing this
notice in accordance with sections
751(a) and 777(i)(1) of the Act.
16:36 Sep 09, 2011
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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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 4, 2011, the
Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the fifth
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’).1 We gave interested
parties an opportunity to comment on
the Preliminary Results and, based upon
our analysis of the comments and
information received, we made changes
AGENCY:
1 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Preliminary Results,
Partial Rescission, and Request for Revocation, In
Part, of the Fifth Administrative Review, 76 FR
12054 (March 4, 2011) (‘‘Preliminary Results’’).
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to the margin calculations for the final
results of this review. The final
weighted-average margins are listed
below in the ‘‘Final Results of the
Review’’ section of this notice. The
period of review (‘‘POR’’) is February 1,
2009, through January 31, 2010.
DATES: Effective Date: September 12,
2011.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, Paul Walker, or Jerry
Huang, 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) 482–4013,
(202) 482–0413, or (202) 482–4047,
respectively.
SUPPLEMENTARY INFORMATION:
Case History
As noted above, on March 4, 2011, the
Department published the Preliminary
Results of this administrative review.
Between March 9, 2011, and March 31,
2011, the Department requested that
Camimex, Minh Phu Seafood
Corporation (and its affiliates Minh Qui
Seafood Co., Ltd., and Minh Phat
Seafood Co., Ltd.) (collectively ‘‘the
Minh Phu Group’’), and Nha Trang
Seaproduct Company (and its affiliates,
NT Seafoods Corporation, Nha Trang
Seafoods—F.89 Joint Stock Company,
and NTSF Seafoods Joint Stock
Company) (collectively, ‘‘Nha Trang
Seafoods Group’’) (hereinafter
collectively ‘‘mandatory respondents’’),
submit publicly ranged quantities of
their reported U.S. transactions. On
March 14, 2011, through April 1, 2011,
the mandatory respondents submitted
the publicly ranged quantities of their
reported U.S. transactions to the
Department.
On March 24, 2011, the Department
received post-Preliminary Results
surrogate value information to value
factors of production (‘‘FOP’’) for the
final results from the Petitioners,2 the
Processors,3 and the Respondents.4 On
2 This includes the Ad Hoc Shrimp Trade Action
Committee (‘‘Petitioners’’).
3 This includes the American Shrimp Processors
Association (‘‘ASPA’’) and Louisiana Shrimp
Association (‘‘LSA’’) (collectively, ‘‘Processors’’).
4 This includes: the mandatory respondents, Bac
Lieu Fisheries Joint Stock Company, Ca Mau
Seafood Joint Stock Company, Can Tho Agricultural
and Animal Products Imex Company, Cuulong
Seaproducts Company, Danang Seaproducts Import
Export Corporation, Investment Commerce
Fisheries Corporation, Minh Hai Export Frozen
Seafood Processing Joint Stock Company,
Cadovimex Seafood Import- Export and Processing
Joint Stock Company, Minh Hai Joint-Stock
Seafoods Processing Company, Nha Trang Fisheries
Joint Stock Company, Phu Cuong Jostoco Corp.,
Phuong Nam Foodstuff Corp., Soc Trang Seafood
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April 4, 2011, the Department received
information to rebut the postPreliminary Results surrogate value
information from the Processors.
The Department invited interested
parties to comment on the Preliminary
Results. Between April 4, 2011, and
April 25, 2011, the Department received
case and rebuttal briefs from the
Petitioners, the Processors, the
Respondents, and CamRanh/Contessa.5 6
On June 22, 2011, the Department
extended the time limit for completion
of the final results of this administrative
review until August 16, 2011.7 On June
23, 2011, following the Court of Appeals
for the Federal Circuit’s decision in
Dorbest,8 the Department invited
comments from parties regarding the
Department’s wage rate methodology.9
Between July 7, 2011, and July 15, 2011,
the Department received labor wage rate
comments and rebuttals from
Petitioners, Processors, and certain
Vietnamese Respondents. As a result of
our analysis, the Department has made
changes to the Preliminary Results. On
August 11, 2011, the Department
extended the time limit for completion
of the final results of this administrative
review until August 31, 2011.10
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Scope of the 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,11
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
Joint Stock Company, Thuan Phuoc Seafoods and
Trading Corporation and UTXI Aquatic Products
Processing Corporation (collectively,
‘‘Respondents’’).
5 CamRanh and Contessa Premium Foods Inc.,
hereafter referred to as ‘‘CamRanh/Contessa.’’
6 Case briefs were not submitted by Viet Hai
Seafood Co., Ltd., et al. or Amanda Foods.
7 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Extension of Final
Results of Antidumping Duty Administrative
Review, 76 FR 36519 (June 22, 2011).
8 See Dorbest Limited v. United States, 604 F.3d
1363, 1372 (Fed. Cir. 2010) (‘‘Dorbest’’).
9 See Letter to All Interested Parties, From Paul
Walker, Regarding 2009–2010 Antidumping Duty
administrative Review of Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam, dated June 23, 2011.
10 See Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Extension of
Time Limit for Final Results of Antidumping Duty
Administrative Review, 76 FR 49729 (August 11,
2011).
11 ‘‘Tails’’ in this context means the tail fan,
which includes the telson and the uropods.
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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 the 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
the 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
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shrimp product is also coated with a
wet viscous layer containing egg and/or
milk, and par-fried.
The products covered by the 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 the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in ‘‘Fifth Administrative Review of
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam:
Issues and Decision Memorandum for
the Final Results,’’ (August 31, 2011)
(‘‘I&D Memo’’). A list of the issues
which parties raised, and to which the
Department responded in the I&D
Memo, is attached to this notice as an
Appendix. The I&D Memo is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), main Commerce
Building, Room 7046, and is accessible
on the Department’s Web site at
https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, the Department has made
certain revisions to the margin
calculation for Camimex, the Nha Trang
Seafoods Group, and the Minh Phu
Group. For further analysis of these
revisions, see the I&D Memo and
company specific analysis memoranda.
For changes to the surrogate values, see
the I&D Memo and ‘‘Memorandum to
the File, through Scot T. Fullerton,
Program Manager, AC/CVD Operations,
Office 9, from Jerry Huang, International
Trade Analyst, AD/CVD Operations,
Office 9, Fifth Antidumping Duty
Administrative Review of Certain
Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Surrogate
Values for the Final Results,’’ (August
31, 2011).
Final Partial Rescission
In the Preliminary Results, the
Department preliminarily rescinded the
review with respect to Gallant Ocean
(Vietnam) Co., Ltd., Kien Cuong Seafood
Processing Import Export Joint-Stock
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Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Notices
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Company, Quoc Viet Seaproducts
Processing Trading Import and Export
Co., Ltd., Viet Hai Foods Co., Ltd. and
its branch Nam Hai Foodstuff and
Export Company Ltd.,12 Vinh Loi
Import Export Company, and Vinh Hoan
Corporation. These companies reported
that they had no shipments of subject
merchandise to the United States during
the POR. As stated in the Preliminary
Results, the Department’s examination
of shipment data from U.S. Customs and
Border Protection (‘‘CBP’’) for these
companies confirmed that there were no
entries of subject merchandise from
them during the POR.13 The Department
did not receive any comments regarding
the preliminary rescission of these
companies. Therefore, the Department is
rescinding the administrative review
with respect to these companies.
Separate Rates
In proceedings involving NME
countries, it is the Department’s practice
to begin with a rebuttable presumption
that all companies within the country
are subject to government control and
thus should be assessed a single
antidumping duty rate. See Separate
Rates and Combination Rates in
Antidumping Investigations involving
Non-Market Economy Countries, 70 FR
17233 (April 5, 2005); see also Notice of
Final Determination of Sales at Less
Than Fair Value, and Affirmative
Critical Circumstances, In Part: Certain
Lined Paper Products From the People’s
Republic of China, 71 FR 53079, 53080
(September 8, 2006); and Final
Determination of Sales at Less Than
Fair Value and Final Partial Affirmative
Determination of Critical
Circumstances: Diamond Sawblades
and Parts Thereof from the People’s
Republic of China, 71 FR 29303, 29307
(May 22, 2006).
In our Preliminary Results, we
determined that, in addition to the
mandatory respondents, the following
27 companies met the criteria for
separate rate status: Amanda Foods
(Vietnam) Limited; Bac Lieu Fisheries
Joint Stock Company; C.P. Vietnam
Livestock Corporation; Cafatex Fishery
Joint Stock Corporation, aka Cafatex
Corp.; Cadovimex Seafood ImportExport and Processing Joint Stock
Company, aka CADOVIMEX–
VIETNAM; Ca Mau Seafood Joint Stock
Company, aka Seaprimexco Vietnam;
Camranh Seafoods and Branch of Cam
Ranh; Can Tho Import Export Fishery
12 We note that Viet Hai Foods Co., Ltd. and its
branch Nam Hai Foodstuff and Export Company
Ltd. were inadvertently included in the
‘‘Preliminary Results of Review Section’’ of the
Preliminary Results.
13 See Preliminary Results, 76 FR at 12055.
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Limited Company, aka CAFISH;
CATACO Sole Member Limited
Liability Company, aka CATACO;
Coastal Fisheries Development
Corporation, aka COFIDEX; Cuulong
Seaproducts Company, aka Cuulong
Seapro; Danang Seaproducts Import
Export Corporation, aka Seaprodex
Danang and its branch Tho Quang
Seafood Processing and Export
Company; Grobest & I–Mei Industrial
Vietnam Co., Ltd., aka Grobest;
Investment Commerce Fisheries
Corporation, aka INCOMFISH; Kim Anh
Company, Limited; Minh Hai Export
Frozen Seafood Processing Joint Stock
Company, aka Minh Hai Jostoco; Minh
Hai Joint-Stock Seafoods Processing
Company, aka Seaprodex Minh Hai;
Ngoc Sinh Private Enterprise and its
branch, Ngoc Sinh Seafoods Processing
and Trading Enterprise, aka Ngoc Sinh
Seafoods; Nhat Dhuc Co., Ltd.; Nha
Trang Fisheries Joint Stock Company,
aka Nha Trang Fisco; Phu Cuong Jostoco
Seafood Corporation; Phuong Nam
Foodstuff Corp., aka Phuong Nam Co.,
Ltd.; Sao Ta Foods Joint Stock
Company, aka FIMEX VN; Soc Trang
Seafood Joint Stock Company, aka
STAPIMEX; Thuan Phuoc Seafoods and
Trading Corporation; UTXI Aquatic
Products Corporation, aka UTXICO; and
Viet Hai Seafood Co., Ltd., a/k/a
Vietnam Fish One Co., Ltd. The
Department has not received any
information since the issuance of the
Preliminary Results that provides a basis
for reconsideration of this treatment.
Therefore, the Department continues to
find that the above-named companies
meet the criteria for a separate rate.
Separate Rate Calculation
The separate rate is determined based
on the estimated weighted-average
antidumping margins established for
exporters and producers individually
investigated, excluding zero and de
minimis margins or margins based
entirely on facts available.14 15 We note
that it is the Department’s practice to
calculate the rate based on the average
of the margins calculated for those
companies selected for individual
review, weighted by each company’s
publicly-ranged quantity of reported
U.S. transactions.16 Due to requests to
protect business proprietary
14 See e.g.. First Administrative Review of Steel
Wire Garment Hangers From the People’s Republic
of China: Final Results and Final Partial Rescission
of Antidumping Duty Administrative Review, 76 FR
27994 (May 13, 2011).
15 See I&D Memo at Comment 4.
16 See Ball Bearings and Parts Thereof From
France, et al.: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (Sept. 1, 2010).
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information, we were unable to apply
our normal methodology of calculating
a weighted-average margin in the
Preliminary Results, and instead
calculated a simple average.17 Since the
Preliminary Results, the Department has
obtained publicly-ranged quantities of
reported U.S. transactions. Therefore,
for these final results, the Department
has assigned to the separate rate
respondents a weighted-average of the
Minh Phu Group and Camimex’s margin
to the companies not selected for
individual examination.
Vietnam-Wide Entity
In the Preliminary Results the
Department treated certain Vietnamese
exporters/producers as part of the
Vietnam-wide entity because they did
not demonstrate that they operate free of
government control.18 Since the
Preliminary Results, the Department has
received comments noting that several
companies were incorrectly included in
the Vietnam-wide entity.19 As discussed
in the I&D Memo, the Department
inadvertently included certain company
names in the Vietnam-wide entity.20 For
the final results, the Department has
updated the list indicating which
companies are to be included in the
Vietnam-wide entity.21 No additional
information was placed on the record
with respect to the remaining 41
companies after the Preliminary Results.
Because the Department begins with the
presumption that all companies within
a NME country are subject to
government control, and because only
the companies listed under the ‘‘Final
Results of Review’’ section below have
overcome that presumption, the
Department is applying a single
antidumping rate, i.e., the Vietnam-wide
entity rate, to all other exporters of
subject merchandise from Vietnam. The
Vietnam-wide rate applies to all entries
of the merchandise under consideration,
except for those from companies which
have received a separate rate.
Revocation
In the Preliminary Results, the
Department noted that four
companies 22 requested revocation
pursuant to 19 CFR 351.222. Also, in the
Preliminary Results, the Department
denied these requests for revocation.
The Department has not received any
17 See
Preliminary Results, 76 FR at 12058.
Preliminary Results at Attachment I.
19 See I&D Memo at Comment 7.
20 See Id.
21 See I&D Memo at Appendix II.
22 Camimex, Grobest & I–Mei Industrial (Vietnam)
Co., Ltd. (‘‘Grobest’’) and Phuong Nam Foodstuff
Corp. (‘‘Phuong Nam’’) (collectively, the
‘‘revocation companies’’).
18 See
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information since the issuance of the
Preliminary Results that provides a basis
for reconsideration of this treatment. For
the final results we have continued to
deny these companies’ revocation
requests.
Final Results of the Review
The weighted-average dumping
margins for the POR are as follows:
Margin
(percent)
Exporter
Camau Frozen Seafood Processing
Camimex aka
Camau Seafood Factory No. 4 aka
Camau Seafood Factory No. 5 aka
Camau Frozen Seafood Processing
Camau Frozen Seafood Processing
Frozen Factory No. 4 aka
Camau Frozen Seafood Processing
56161
Import Export Corporation (‘‘CAMIMEX’’) aka
Import & Export aka
Import Export Corp. (CAMIMEX–FAC 25) aka
Import Export Corporation ....................................................................................................
0.83
Minh Phu Group:
Minh Phat Seafood Co., Ltd. aka
Minh Phat Seafood aka
Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co.,
Ltd.) aka
Minh Phu Seafood Corp. aka
Minh Phu Seafood Corporation aka
Minh Qui Seafood aka
Minh Qui Seafood Co., Ltd. aka
Minh Phu Seafood Pte aka
Minh Phat aka
Minh Qui ...................................................................................................................................................................................
1.15
Nha Trang Seafoods Group:
Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) aka
Nha Trang Seaproduct Company
Nha Trang Seafoods aka
Nha Trang Seaproduct Company Nha Trang Seafoods aka
NT Seafoods Corporation (‘‘NT Seafoods’’) aka
Nha Trang Seafoods—F.89 Joint Stock Company (‘‘Nha Trang Seafoods—F.89’’) aka
NTSF Seafoods Joint Stock Company (‘‘NTSF Seafoods’’) ....................................................................................................
de minimus
Amanda Foods (Vietnam) Limited (‘‘Amanda Foods’’) ...................................................................................................................
1.04
Bac
Bac
Bac
Bac
Bac
Bac
Bac
Bac
Bac
1.04
Lieu
Lieu
Lieu
Lieu
Lieu
Lieu
Lieu
Lieu
Lieu
Fisheries Joint Stock Company aka
Fisheries Company Limited (‘‘Bac Lieu’’) aka
Fisheries Company Limited aka
Fisheries Limited Company aka
Fisheries Company Limited aka
Fis aka
Co. Ltd. aka
Fisheries aka
Fisheries Co. Ltd ..............................................................................................................................................................
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C.P. Vietnam
C.P. Vietnam
C.P. Vietnam
C.P. Vietnam
CP Livestock
Livestock Company Limited aka
Livestock Corporation (‘‘C.P. Vietnam’’) aka
Livestock Corporation aka
Livestock Co. Ltd. Aka
....................................................................................................................................................................................
1.04
Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘CADOVIMEX-VIETNAM’’) aka
Cadovimex-Vietnam aka
Cai Doi Vam Seafood Import-Export Company (‘‘Cadovimex’’) aka
Cai Doi Vam Seafood Import-Export Company (Cadovimex) aka
Cai Doi Vam Seafood aka
Cai Doi Vam Seafood Im-Ex Company (Cadovimex) aka
Cai Doi Vam Seafood Processing Factory aka
Caidoivam Seafood Company (Cadovimex) aka
Caidoivam Seafood Im-Ex Co. aka
Cadovimex Seafood Import-Export and Processing Joint Stock Company aka
Cai Doi Vam Seafood Import-Export Company aka
Cadovimex .......................................................................................................................................................................................
1.04
Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’) aka
Cafatex Fishery Joint Stock Corporation (‘‘CAFATEX CORP.’’) aka
Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex) aka
Cafatex aka
Cafatex Vietnam aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho aka
Cas aka
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Margin
(percent)
Exporter
1.04
Cam Ranh Seafoods Processing Enterprise Pte aka
Cam Ranh Seafoods Processing Enterprise Company (‘‘Camranh Seafoods’’) aka
Camranh Seafoods aka
Branch of Camranh Seafoods Processing Enterprise Pte—Quang Ninh Seaproduct Factory aka
Quang Ninh Seaproduct Factory (Camranh Seafoods’ Branch) .....................................................................................................
1.04
CATACO Sole Member Limited Liability Company
Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) aka
Can Tho Agricultural and Animal Product Import Export Company (‘‘CATACO’’) aka
Can Tho Agricultural Products aka
CATACO aka
Can Tho Agricultural and Animal Products Imex Company ...........................................................................................................
1.04
Can Tho Import Export Fishery Limited Company (‘‘CAFISH’’) ......................................................................................................
1.04
Coastal Fishery Development aka
Coastal Fisheries Development Corporation (‘‘Cofidec’’) aka
Coastal Fisheries Development Corporation (Cofidec) aka
COFIDEC aka
Coastal Fisheries Development Corporation aka
Coastal Fisheries Development Co. aka
Coastal Fisheries Development Corp ..............................................................................................................................................
1.04
Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka
Cuu Long Seaproducts Limited (‘‘Cuulong Seapro’’) aka
Cuulong Seapro aka
Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) aka
Cuu Long Seaproducts Company (‘‘Cuu Long Seapro’’) aka
Cuu Long Seaproducts Company aka
Cuu Long Seapro aka
Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka
Cuu Long Seaproducts Limited (Cuulong Seapro) aka
Cuulong Seapro aka
Cuulong Seaproduct Company aka
Cuulong Seaproducts Company ......................................................................................................................................................
1.04
Danang Sea Products Import Export Corporation aka
Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) aka
Danang Seaproducts Import Export Corporation aka
Danang Seaproduct Import-Export Corporation aka
Danang Seaproducts Import Export 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 .................................................................................................................................................................................
1.04
Grobest
Grobest
Grobest
Grobest
Grobest
mstockstill on DSK4VPTVN1PROD with NOTICES
Cas Branch aka
Cafatex Saigon aka
Cafatex Fishery Joint Stock Corporation aka
Cafatex Corporation aka
Taydo Seafood Enterprise aka
Cafatex Corp. aka
Cafatex Corporation .........................................................................................................................................................................
Industrial (Vietnam) Co., Ltd. aka
Industrial (Vietnam) Co., Ltd. (‘‘Grobest’’) aka
Industry Vietnam ...................................................................................................................................................
1.04
Investment Commerce Fisheries Corporation (‘‘Incomfish’’) aka
Incomfish aka
Investment Commerce Fisheries Corp. aka
Incomfish Corp. aka
Incomfish Corporation aka
Investment Commerce Fisheries aka
Investment Commerce Fisheries Corporation aka
Incomfish Corporation ......................................................................................................................................................................
1.04
Kim Anh Company Limited (‘‘Kim Anh’’) .........................................................................................................................................
1.04
& I-Mei
aka
& I-Mei
& I-Mei
& I-Mei
Industrial Vietnam aka
Minh Hai Export Frozen Seafood Processing Joint Stock Company aka
Minh Hai Jostoco aka
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Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Notices
Margin
(percent)
Exporter
Export Frozen Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostoco’’) aka
Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Jostoco’’) aka
Export Frozen Seafood Processing Joint-Stock Company aka
Joint Stock Seafood Processing Joint-Stock Company aka
Export Frozen Seafood Processing Joint-Stock Co., aka
Export Frozen Seafood Processing Joint-Stock Company .............................................................................................
1.04
Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) aka
Sea Minh Hai aka
Minh Hai Joint-Stock Seafoods Processing Company aka
Seaprodex Minh Hai aka
Seaprodex Min Hai aka
Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.) aka
Seaprodex Minh Hai Factory aka
Seaprodex Minh Hai Factory No. 69 aka
Seaprodex Minh Hai Workshop 1 aka
Seaprodex Minh Hai-Factory No. 78 aka
Workshop I Seaprodex Minh Hai ....................................................................................................................................................
1.04
Minh Hai Sea Products Import Export Company (‘‘Seaprimex Co’’) aka
Minh Hai Sea Products Import 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’’) aka
Minh Hai Seaproducts Import Export Corporation aka
Seaprimexco aka
Minh Hai Seaproducts Co Ltd. (Seaprimexco) aka
Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco Vietnam’’) ................................................................................................
1.04
Ngoc
Ngoc
Ngoc
Ngoc
Ngoc
Ngoc
Ngoc
Ngoc
Ngoc
Private Enterprise aka
Seafoods aka
Seafoods Processing and Trading Enterprise aka
Fisheries aka
Private Enterprises aka
Seafoods Processing and Trading Enterprises aka
aka
Seafood Processing Company aka
Seafoods (Private Enterprise) .......................................................................................................................................
1.04
Nhat Duc Co., Ltd. aka
Nhat Duc Co., Ltd. (‘‘Nhat Duc’’) .....................................................................................................................................................
1.04
Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) aka
Nha Trang Fisheries Joint Stock Company aka
Nhatrang Fisheries Joint Stock Company aka
Nha Trang Fisco aka
Nhatrang Fisco aka
Nha Trang Fisheries, Joint Stock aka
Nha Trang Fisheries Joint Stock Company (Nha Trang Fisco) ......................................................................................................
1.04
Phu
Phu
Phu
Phu
Jostoco Seafood Corporation aka
Seafood Processing and Import-Export Co., Ltd. aka
Seafood Processing and Import Export Company Limited aka
Jostoco Corp ................................................................................................................................................................
1.04
Phuong Nam Co., Ltd. (‘‘Phuong Nam’’) aka
Western Seafood Processing and Exporting Factory (‘‘Western Seafood’’) aka
Phuong Nam Foodstuff Corp. aka
Phuong Nam Co. Ltd .......................................................................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Minh Hai
Minh Hai
Minh Hai
Minh Hai
Minh Hai
Minh-Hai
56163
1.04
Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’) aka
Sao Ta Foods Joint Stock Company aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory ....................................................................................................................................................................
1.04
Sinh
Sinh
Sinh
Sinh
Sinh
Sinh
Sinh
Sinh
Sinh
Cuong
Cuong
Cuong
Cuong
Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) aka
Soc Trang Seafood Joint Stock Company (‘‘Stapimex’’) aka
Soc Trang Seafood Joint Stock Company aka
Soc Trang Aquatic Products and General Import Export Company aka
Stapimex aka
Soc Trang Aquatic Products and General Import Export Company-(Stapimex) aka
Stapimex Soc Trans Aquatic Products and General Import Export Company aka
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Margin
(percent)
Exporter
Stapmex ...........................................................................................................................................................................................
1.04
Thuan Phuoc Seafoods and Trading Corporation aka
Thuan Phuoc aka
Frozen Seafoods Factory No. 32 aka
Frozen Seafoods Fty aka
Seafoods and Foodstuff Factory aka
My Son Seafoods Factory aka
Seafoods and Foodstuff Factory Vietnam .......................................................................................................................................
1.04
UTXI Aquatic Products Processing Company aka
UT XI Aquatic Products Processing Company aka
UT–XI Aquatic Products Processing Company aka
UTXI aka
UTXI Co. Ltd. aka
Khanh Loi Seafood Factory aka
Hoang Phuong Seafood Factory aka
UTXI Aquatic Products Processing Corporation (‘‘UTXICO’’) aka
UTXI Aquatic Products Processing Corporation aka
UTXICO ...........................................................................................................................................................................................
1.04
Viet Hai Seafood Co., Ltd. aka
Vietnam Fish One Co., Ltd. (‘‘Fish One’’) aka
Viet Hai Seafoods Company Ltd. (‘‘Vietnam Fish One Co. Ltd.’’) ..................................................................................................
1.04
Vietnam-wide Entity .........................................................................................................................................................................
25.76
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment
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), the Department will
calculate importer-specific (or customer)
per unit 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. The
Department will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate is
above de minimis.
Cash Deposit Requirements
The following cash-deposit
requirements will be effective upon
publication of the 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 Tariff Act of 1930, as
amended (‘‘the Act’’): (1) For the
exporters listed above, the cash deposit
rate will be the rate 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
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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.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this 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
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
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Sfmt 4703
information disclosed under APO in
accordance with 19 CFR 351.305.
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 terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: August 31, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I—Issues & Decision
Memorandum
Comment 1: Surrogate Country
Comment 2: Surrogate Values
A. Shrimp
B. Shrimp Conversion Ratio
C. Shrimp Count-size Error
D. Inclusion of Imports Specifying
Bangladeshi Origin
E. Cartons
F. Purchased Ice
G. Water
H. Containerization
I. Labor
J. Financial Ratios
Comment 3: Zeroing
Comment 4: Separate Rate Companies
Comment 5: Changes to the Minh Phu Group
Margin Program
A. Quantity
B. Marine Insurance
Comment 6: Customs Instructions
A. Corrections to Cash Deposit and
Liquidation Instructions
B. Liquidation Instructions
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Notices
Comment 7: Name Corrections for Certain
Companies
[FR Doc. 2011–23278 Filed 9–9–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 110727437–1433–01]
Soliciting Input on Research and
Development Priorities for Desirable
Features of a Nationwide Public Safety
Broadband Network
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice and request for comment.
AGENCY:
The U.S. Department of
Commerce’s (DoC) National Institute of
Standards and Technology (NIST) is
seeking input on various possible
features of a new nationwide
interoperable public safety broadband
network. This input will be used by
NIST to help determine research and
development priorities in anticipation
of the President’s Wireless Innovation
(WIN) Fund to help drive innovation of
next-generation network technologies.
DATES: Comments are requested by 5
p.m. EDT on October 12, 2011.
ADDRESSES: Comments should be sent to
Dereck Orr, dereck.orr@nist.gov.
FOR FURTHER INFORMATION CONTACT:
Dereck Orr, Office of Law Enforcement
Standards, National Institute of
Standards and Technology, 325
Broadway, Boulder, Colorado 80305,
telephone number (303) 497–5400. Mr.
Orr’s e-mail address is
dereck.orr@nist.gov.
SUMMARY:
The
public safety community (law
enforcement, fire, and emergency
medical service) is experiencing a
generational shift in technology that
will revolutionize the way it
communicates. Traditionally,
emergency responders have used land
mobile radio technology. This
technology has limited data capabilities
and suffers from a large installed base of
thousands of stand-alone proprietary
systems with non-contiguous spectrum
assignments. As a result, public safety
has long struggled with effective crossagency/jurisdiction communications
and lags far behind the commercial
sector in data capability. Congressional
legislation has made broadband
spectrum that was cleared by the
transition from analog to digital
broadcast television (referred to as the
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:36 Sep 09, 2011
Jkt 223001
Digital Television (DTV) Transition)
available to public safety for broadband
communications. The newly available
spectrum will allow for a unified system
operating on common spectrum bands,
fostering nationwide roaming,
interoperability, and access to
broadband data. However, public safety
has several unique requirements that are
not currently reflected in broadband
technology.
In August 2010, the U.S. Department
of Justice Community Oriented Policing
Services (COPS) office held the National
Forum on Public Safety Broadband
Needs. More than 20 public safety
practitioners identified the following 15
operational requirements, each of which
relate to at least four overarching themes
(resiliency, availability and reliability,
security, and affordability/commercial
alignment):
(1) A dedicated high-quality network
connection always available for sending
and receiving continual data streams to
support monitoring and resource
tracking;
(2) At a minimum, access to initial
and updated basic incident information
(voice- and text-based incident data);
(3) An infrastructure that is hardened
and secure, providing a high level of
system availability;
(4) When voice is converged for
normal operations and in the event the
infrastructure is compromised, public
safety communications must remain
stable and with clear voice
communications;
• Infrastructure-less communications,
with talk-around for the ability to talk
one-to-one and one-to-many
• Optimal audio quality during
adverse field conditions
• No latency on mission critical voice
applications
(5) Geographic coverage that has no
limitations within the footprint of the
National Public Safety Broadband
Network;
(6) Dynamic management and control
of the network;
(7) Interoperability, including with
existing public safety-based systems;
(8) Ability to send and receive large
amounts of information;
(9) A non-proprietary network based
on industry standards;
(10) Single devices that support voice,
video, and data;
(11) Access to and from external
information sources;
(12) Easy integration with other
technologies;
(13) Automatic management and
control of the network;
(14) Current and future enhancements
available to commercial consumers are
provided to public safety with no
limitations; and
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56165
(15) Ability to send, receive, and
process information from the public
(citizens and media).
The COPS report is available at:
https://www.cops.usdoj.gov/files/RIC/
Publications/e021111338-broadbandforum.pdf.
Since then, the Obama
Administration has announced its
support for legislation that would create
a not-for-profit Public Safety Broadband
Corporation to oversee the deployment
of a nationwide network that meets the
needs of local, state, Tribal, and Federal
public safety communities.1 The
Administration has also proposed a $3
billion WIN Fund to help drive
innovation through research,
experimentation, testbeds, and applied
development. Of the $3 billion, $500
million will be devoted to research and
development (R&D) for the new public
safety broadband network.2 The Public
Safety Innovation Fund (PSIF), NIST’s
component of the proposed WIN Fund,
helps spur the development of cuttingedge wireless technologies. NIST is
working with industry, its Federal
partners and public safety organizations
to conduct R&D to support new
standards, technologies and
applications to advance public safety
communications. Core components of
this program include documenting
public safety requirements and driving
the adoption of those requirements into
the appropriate standards; developing
the capability for communications
between currently deployed public
safety narrowband systems and the
future nationwide broadband network;
and establishing a roadmap that seeks to
capture and address public safety’s
needs beyond what can be provided by
the current generation of broadband
technology and driving technological
progress in that direction. Through precompetitive research, development,
reference applications, and
demonstration projects, NIST will
accomplish these goals.
In pursuit of these goals, NIST seeks
comments on the following possible
features of the nationwide public safety
broadband network. These more
1 Comments of the National Telecommunications
and Information Administration before the Federal
Communications Commission in the matter of
Service Rules for the 698–747, 747–762 and 777–
792 Band (WT Docket No. 06–150); Implementing
a Nationwide, Broadband, Interoperable Public
Safety Network in the 700 MHz Band (PS Docket
No. 06–229); Amendment of Part 90 of the
Commission’s Rules (WP Docket No. 07–100).
https://www.ntia.doc.gov/filings/2011/NTIA_
Public_Safety_Network_Comments_06102011.pdf.
2 President Obama Details Plan to Win the Future
through Expanded Wireless Access. https://
www.whitehouse.gov/the-press-office/2011/02/10/
president-obama-details-plan-win-future-throughexpanded-wireless-access.
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56158-56165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23278]
-----------------------------------------------------------------------
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 4, 2011, the Department of Commerce (``Department'')
published the Preliminary Results of the fifth administrative review of
the antidumping duty order on certain frozen warmwater shrimp
(``shrimp'') from the Socialist Republic of Vietnam (``Vietnam'').\1\
We gave interested parties an opportunity to comment on the Preliminary
Results and, based upon our analysis of the comments and information
received, we made changes to the margin calculations for the final
results of this review. The final weighted-average margins are listed
below in the ``Final Results of the Review'' section of this notice.
The period of review (``POR'') is February 1, 2009, through January 31,
2010.
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Preliminary Results, Partial Rescission, and
Request for Revocation, In Part, of the Fifth Administrative Review,
76 FR 12054 (March 4, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: September 12, 2011.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, Paul Walker, or
Jerry Huang, 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) 482-4013, (202) 482-0413, or (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Case History
As noted above, on March 4, 2011, the Department published the
Preliminary Results of this administrative review. Between March 9,
2011, and March 31, 2011, the Department requested that Camimex, Minh
Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., Ltd.,
and Minh Phat Seafood Co., Ltd.) (collectively ``the Minh Phu Group''),
and Nha Trang Seaproduct Company (and its affiliates, NT Seafoods
Corporation, Nha Trang Seafoods--F.89 Joint Stock Company, and NTSF
Seafoods Joint Stock Company) (collectively, ``Nha Trang Seafoods
Group'') (hereinafter collectively ``mandatory respondents''), submit
publicly ranged quantities of their reported U.S. transactions. On
March 14, 2011, through April 1, 2011, the mandatory respondents
submitted the publicly ranged quantities of their reported U.S.
transactions to the Department.
On March 24, 2011, the Department received post-Preliminary Results
surrogate value information to value factors of production (``FOP'')
for the final results from the Petitioners,\2\ the Processors,\3\ and
the Respondents.\4\ On
[[Page 56159]]
April 4, 2011, the Department received information to rebut the post-
Preliminary Results surrogate value information from the Processors.
---------------------------------------------------------------------------
\2\ This includes the Ad Hoc Shrimp Trade Action Committee
(``Petitioners'').
\3\ This includes the American Shrimp Processors Association
(``ASPA'') and Louisiana Shrimp Association (``LSA'') (collectively,
``Processors'').
\4\ This includes: the mandatory respondents, Bac Lieu Fisheries
Joint Stock Company, Ca Mau Seafood Joint Stock Company, Can Tho
Agricultural and Animal Products Imex Company, Cuulong Seaproducts
Company, Danang Seaproducts Import Export Corporation, Investment
Commerce Fisheries Corporation, Minh Hai Export Frozen Seafood
Processing Joint Stock Company, Cadovimex Seafood Import- Export and
Processing Joint Stock Company, Minh Hai Joint-Stock Seafoods
Processing Company, Nha Trang Fisheries Joint Stock Company, Phu
Cuong Jostoco Corp., Phuong Nam Foodstuff Corp., Soc Trang Seafood
Joint Stock Company, Thuan Phuoc Seafoods and Trading Corporation
and UTXI Aquatic Products Processing Corporation (collectively,
``Respondents'').
---------------------------------------------------------------------------
The Department invited interested parties to comment on the
Preliminary Results. Between April 4, 2011, and April 25, 2011, the
Department received case and rebuttal briefs from the Petitioners, the
Processors, the Respondents, and CamRanh/Contessa.5 6 On
June 22, 2011, the Department extended the time limit for completion of
the final results of this administrative review until August 16,
2011.\7\ On June 23, 2011, following the Court of Appeals for the
Federal Circuit's decision in Dorbest,\8\ the Department invited
comments from parties regarding the Department's wage rate
methodology.\9\ Between July 7, 2011, and July 15, 2011, the Department
received labor wage rate comments and rebuttals from Petitioners,
Processors, and certain Vietnamese Respondents. As a result of our
analysis, the Department has made changes to the Preliminary Results.
On August 11, 2011, the Department extended the time limit for
completion of the final results of this administrative review until
August 31, 2011.\10\
---------------------------------------------------------------------------
\5\ CamRanh and Contessa Premium Foods Inc., hereafter referred
to as ``CamRanh/Contessa.''
\6\ Case briefs were not submitted by Viet Hai Seafood Co.,
Ltd., et al. or Amanda Foods.
\7\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Extension of Final Results of Antidumping Duty
Administrative Review, 76 FR 36519 (June 22, 2011).
\8\ See Dorbest Limited v. United States, 604 F.3d 1363, 1372
(Fed. Cir. 2010) (``Dorbest'').
\9\ See Letter to All Interested Parties, From Paul Walker,
Regarding 2009-2010 Antidumping Duty administrative Review of
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam, dated June 23, 2011.
\10\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review, 76 FR 49729 (August 11,
2011).
---------------------------------------------------------------------------
Scope of the 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,\11\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\11\ ``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 the 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 the 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 the 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 the order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in ``Fifth Administrative Review of Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Issues and Decision
Memorandum for the Final Results,'' (August 31, 2011) (``I&D Memo''). A
list of the issues which parties raised, and to which the Department
responded in the I&D Memo, is attached to this notice as an Appendix.
The I&D Memo is a public document and is on file in the Central Records
Unit (``CRU''), main Commerce Building, Room 7046, and is accessible on
the Department's Web site at https://www.trade.gov/ia. The paper copy
and electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, the Department
has made certain revisions to the margin calculation for Camimex, the
Nha Trang Seafoods Group, and the Minh Phu Group. For further analysis
of these revisions, see the I&D Memo and company specific analysis
memoranda. For changes to the surrogate values, see the I&D Memo and
``Memorandum to the File, through Scot T. Fullerton, Program Manager,
AC/CVD Operations, Office 9, from Jerry Huang, International Trade
Analyst, AD/CVD Operations, Office 9, Fifth Antidumping Duty
Administrative Review of Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Surrogate Values for the Final
Results,'' (August 31, 2011).
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
the review with respect to Gallant Ocean (Vietnam) Co., Ltd., Kien
Cuong Seafood Processing Import Export Joint-Stock
[[Page 56160]]
Company, Quoc Viet Seaproducts Processing Trading Import and Export
Co., Ltd., Viet Hai Foods Co., Ltd. and its branch Nam Hai Foodstuff
and Export Company Ltd.,\12\ Vinh Loi Import Export Company, and Vinh
Hoan Corporation. These companies reported that they had no shipments
of subject merchandise to the United States during the POR. As stated
in the Preliminary Results, the Department's examination of shipment
data from U.S. Customs and Border Protection (``CBP'') for these
companies confirmed that there were no entries of subject merchandise
from them during the POR.\13\ The Department did not receive any
comments regarding the preliminary rescission of these companies.
Therefore, the Department is rescinding the administrative review with
respect to these companies.
---------------------------------------------------------------------------
\12\ We note that Viet Hai Foods Co., Ltd. and its branch Nam
Hai Foodstuff and Export Company Ltd. were inadvertently included in
the ``Preliminary Results of Review Section'' of the Preliminary
Results.
\13\ See Preliminary Results, 76 FR at 12055.
---------------------------------------------------------------------------
Separate Rates
In proceedings involving NME countries, it is the Department's
practice to begin with a rebuttable presumption that all companies
within the country are subject to government control and thus should be
assessed a single antidumping duty rate. See Separate Rates and
Combination Rates in Antidumping Investigations involving Non-Market
Economy Countries, 70 FR 17233 (April 5, 2005); see also Notice of
Final Determination of Sales at Less Than Fair Value, and Affirmative
Critical Circumstances, In Part: Certain Lined Paper Products From the
People's Republic of China, 71 FR 53079, 53080 (September 8, 2006); and
Final Determination of Sales at Less Than Fair Value and Final Partial
Affirmative Determination of Critical Circumstances: Diamond Sawblades
and Parts Thereof from the People's Republic of China, 71 FR 29303,
29307 (May 22, 2006).
In our Preliminary Results, we determined that, in addition to the
mandatory respondents, the following 27 companies met the criteria for
separate rate status: Amanda Foods (Vietnam) Limited; Bac Lieu
Fisheries Joint Stock Company; C.P. Vietnam Livestock Corporation;
Cafatex Fishery Joint Stock Corporation, aka Cafatex Corp.; Cadovimex
Seafood Import-Export and Processing Joint Stock Company, aka
CADOVIMEX-VIETNAM; Ca Mau Seafood Joint Stock Company, aka Seaprimexco
Vietnam; Camranh Seafoods and Branch of Cam Ranh; Can Tho Import Export
Fishery Limited Company, aka CAFISH; CATACO Sole Member Limited
Liability Company, aka CATACO; Coastal Fisheries Development
Corporation, aka COFIDEX; Cuulong Seaproducts Company, aka Cuulong
Seapro; Danang Seaproducts Import Export Corporation, aka Seaprodex
Danang and its branch Tho Quang Seafood Processing and Export Company;
Grobest & I-Mei Industrial Vietnam Co., Ltd., aka Grobest; Investment
Commerce Fisheries Corporation, aka INCOMFISH; Kim Anh Company,
Limited; Minh Hai Export Frozen Seafood Processing Joint Stock Company,
aka Minh Hai Jostoco; Minh Hai Joint-Stock Seafoods Processing Company,
aka Seaprodex Minh Hai; Ngoc Sinh Private Enterprise and its branch,
Ngoc Sinh Seafoods Processing and Trading Enterprise, aka Ngoc Sinh
Seafoods; Nhat Dhuc Co., Ltd.; Nha Trang Fisheries Joint Stock Company,
aka Nha Trang Fisco; Phu Cuong Jostoco Seafood Corporation; Phuong Nam
Foodstuff Corp., aka Phuong Nam Co., Ltd.; Sao Ta Foods Joint Stock
Company, aka FIMEX VN; Soc Trang Seafood Joint Stock Company, aka
STAPIMEX; Thuan Phuoc Seafoods and Trading Corporation; UTXI Aquatic
Products Corporation, aka UTXICO; and Viet Hai Seafood Co., Ltd., a/k/a
Vietnam Fish One Co., Ltd. The Department has not received any
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this treatment. Therefore, the
Department continues to find that the above-named companies meet the
criteria for a separate rate.
Separate Rate Calculation
The separate rate is determined based on the estimated weighted-
average antidumping margins established for exporters and producers
individually investigated, excluding zero and de minimis margins or
margins based entirely on facts available.14 15 We note that
it is the Department's practice to calculate the rate based on the
average of the margins calculated for those companies selected for
individual review, weighted by each company's publicly-ranged quantity
of reported U.S. transactions.\16\ Due to requests to protect business
proprietary information, we were unable to apply our normal methodology
of calculating a weighted-average margin in the Preliminary Results,
and instead calculated a simple average.\17\ Since the Preliminary
Results, the Department has obtained publicly-ranged quantities of
reported U.S. transactions. Therefore, for these final results, the
Department has assigned to the separate rate respondents a weighted-
average of the Minh Phu Group and Camimex's margin to the companies not
selected for individual examination.
---------------------------------------------------------------------------
\14\ See e.g.. First Administrative Review of Steel Wire Garment
Hangers From the People's Republic of China: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review, 76 FR
27994 (May 13, 2011).
\15\ See I&D Memo at Comment 4.
\16\ See Ball Bearings and Parts Thereof From France, et al.:
Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (Sept. 1, 2010).
\17\ See Preliminary Results, 76 FR at 12058.
---------------------------------------------------------------------------
Vietnam-Wide Entity
In the Preliminary Results the Department treated certain
Vietnamese exporters/producers as part of the Vietnam-wide entity
because they did not demonstrate that they operate free of government
control.\18\ Since the Preliminary Results, the Department has received
comments noting that several companies were incorrectly included in the
Vietnam-wide entity.\19\ As discussed in the I&D Memo, the Department
inadvertently included certain company names in the Vietnam-wide
entity.\20\ For the final results, the Department has updated the list
indicating which companies are to be included in the Vietnam-wide
entity.\21\ No additional information was placed on the record with
respect to the remaining 41 companies after the Preliminary Results.
Because the Department begins with the presumption that all companies
within a NME country are subject to government control, and because
only the companies listed under the ``Final Results of Review'' section
below have overcome that presumption, the Department is applying a
single antidumping rate, i.e., the Vietnam-wide entity rate, to all
other exporters of subject merchandise from Vietnam. The Vietnam-wide
rate applies to all entries of the merchandise under consideration,
except for those from companies which have received a separate rate.
---------------------------------------------------------------------------
\18\ See Preliminary Results at Attachment I.
\19\ See I&D Memo at Comment 7.
\20\ See Id.
\21\ See I&D Memo at Appendix II.
---------------------------------------------------------------------------
Revocation
In the Preliminary Results, the Department noted that four
companies \22\ requested revocation pursuant to 19 CFR 351.222. Also,
in the Preliminary Results, the Department denied these requests for
revocation. The Department has not received any
[[Page 56161]]
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this treatment. For the final results we
have continued to deny these companies' revocation requests.
---------------------------------------------------------------------------
\22\ Camimex, Grobest & I-Mei Industrial (Vietnam) Co., Ltd.
(``Grobest'') and Phuong Nam Foodstuff Corp. (``Phuong Nam'')
(collectively, the ``revocation companies'').
---------------------------------------------------------------------------
Final Results of the Review
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Camau Frozen Seafood Processing Import Export
Corporation (``CAMIMEX'') aka
Camimex aka
Camau Seafood Factory No. 4 aka
Camau Seafood Factory No. 5 aka
Camau Frozen Seafood Processing Import & Export aka
Camau Frozen Seafood Processing Import Export Corp.
(CAMIMEX-FAC 25) aka
Frozen Factory No. 4 aka
Camau Frozen Seafood Processing Import Export 0.83
Corporation..........................................
------------------------------------------------------------------------
Minh Phu Group:
Minh Phat Seafood Co., Ltd. aka
Minh Phat Seafood aka
Minh Phu Seafood Export Import Corporation (and
affiliates Minh Qui Seafood Co., Ltd. and Minh
Phat Seafood Co., Ltd.) aka
Minh Phu Seafood Corp. aka
Minh Phu Seafood Corporation aka
Minh Qui Seafood aka
Minh Qui Seafood Co., Ltd. aka
Minh Phu Seafood Pte aka
Minh Phat aka
Minh Qui.......................................... 1.15
------------------------------------------------------------------------
Nha Trang Seafoods Group:
Nha Trang Seaproduct Company (``Nha Trang
Seafoods'') aka
Nha Trang Seaproduct Company
Nha Trang Seafoods aka
Nha Trang Seaproduct Company Nha Trang Seafoods
aka
NT Seafoods Corporation (``NT Seafoods'') aka
Nha Trang Seafoods--F.89 Joint Stock Company
(``Nha Trang Seafoods--F.89'') aka
NTSF Seafoods Joint Stock Company (``NTSF de minimus
Seafoods'')......................................
------------------------------------------------------------------------
Amanda Foods (Vietnam) Limited (``Amanda Foods'')..... 1.04
------------------------------------------------------------------------
Bac Lieu Fisheries Joint Stock Company aka
Bac Lieu Fisheries Company Limited (``Bac Lieu'') aka
Bac Lieu Fisheries Company Limited aka
Bac Lieu Fisheries Limited Company aka
Bac Lieu Fisheries Company Limited aka
Bac Lieu Fis aka
Bac Lieu Co. Ltd. aka
Bac Lieu Fisheries aka
Bac Lieu Fisheries Co. Ltd............................ 1.04
------------------------------------------------------------------------
C.P. Vietnam Livestock Company Limited aka
C.P. Vietnam Livestock Corporation (``C.P. Vietnam'')
aka
C.P. Vietnam Livestock Corporation aka
C.P. Vietnam Livestock Co. Ltd. Aka
CP Livestock.......................................... 1.04
------------------------------------------------------------------------
Cadovimex Seafood Import-Export and Processing Joint
Stock Company (``CADOVIMEX-VIETNAM'') aka
Cadovimex-Vietnam aka
Cai Doi Vam Seafood Import-Export Company
(``Cadovimex'') aka
Cai Doi Vam Seafood Import-Export Company (Cadovimex)
aka
Cai Doi Vam Seafood aka
Cai Doi Vam Seafood Im-Ex Company (Cadovimex) aka
Cai Doi Vam Seafood Processing Factory aka
Caidoivam Seafood Company (Cadovimex) aka
Caidoivam Seafood Im-Ex Co. aka
Cadovimex Seafood Import-Export and Processing Joint
Stock Company aka
Cai Doi Vam Seafood Import-Export Company aka
Cadovimex............................................. 1.04
------------------------------------------------------------------------
Cafatex Fishery Joint Stock Corporation (``Cafatex
Corp.'') aka
Cafatex Fishery Joint Stock Corporation (``CAFATEX
CORP.'') aka
Cantho Animal Fisheries Product Processing Export
Enterprise (Cafatex) aka
Cafatex aka
Cafatex Vietnam aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho aka
Cas aka
[[Page 56162]]
Cas Branch aka
Cafatex Saigon aka
Cafatex Fishery Joint Stock Corporation aka
Cafatex Corporation aka
Taydo Seafood Enterprise aka
Cafatex Corp. aka
Cafatex Corporation................................... 1.04
------------------------------------------------------------------------
Cam Ranh Seafoods Processing Enterprise Pte aka
Cam Ranh Seafoods Processing Enterprise Company
(``Camranh Seafoods'') aka
Camranh Seafoods aka
Branch of Camranh Seafoods Processing Enterprise Pte--
Quang Ninh Seaproduct Factory aka
Quang Ninh Seaproduct Factory (Camranh Seafoods' 1.04
Branch)..............................................
------------------------------------------------------------------------
CATACO Sole Member Limited Liability Company
Can Tho Agricultural and Animal Products Import Export
Company (``CATACO'') aka
Can Tho Agricultural and Animal Product Import Export
Company (``CATACO'') aka
Can Tho Agricultural Products aka
CATACO aka
Can Tho Agricultural and Animal Products Imex Company. 1.04
------------------------------------------------------------------------
Can Tho Import Export Fishery Limited Company 1.04
(``CAFISH'').........................................
------------------------------------------------------------------------
Coastal Fishery Development aka
Coastal Fisheries Development Corporation
(``Cofidec'') aka
Coastal Fisheries Development Corporation (Cofidec)
aka
COFIDEC aka
Coastal Fisheries Development Corporation aka
Coastal Fisheries Development Co. aka
Coastal Fisheries Development Corp.................... 1.04
------------------------------------------------------------------------
Cuulong Seaproducts Company (``Cuu Long Seapro'') aka
Cuu Long Seaproducts Limited (``Cuulong Seapro'') aka
Cuulong Seapro aka
Cuulong Seaproducts Company (``Cuulong Seapro'') aka
Cuu Long Seaproducts Company (``Cuu Long Seapro'') aka
Cuu Long Seaproducts Company aka
Cuu Long Seapro aka
Cuulong Seaproducts Company (``Cuu Long Seapro'') aka
Cuu Long Seaproducts Limited (Cuulong Seapro) aka
Cuulong Seapro aka
Cuulong Seaproduct Company aka
Cuulong Seaproducts Company........................... 1.04
------------------------------------------------------------------------
Danang Sea Products Import Export Corporation aka
Danang Seaproducts Import Export Corporation
(``Seaprodex Danang'') aka
Danang Seaproducts Import Export Corporation aka
Danang Seaproduct Import-Export Corporation aka
Danang Seaproducts Import Export 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.......................................... 1.04
------------------------------------------------------------------------
Grobest & I-Mei Industrial Vietnam aka
Grobest aka
Grobest & I-Mei Industrial (Vietnam) Co., Ltd. aka
Grobest & I-Mei Industrial (Vietnam) Co., Ltd.
(``Grobest'') aka
Grobest & I-Mei Industry Vietnam...................... 1.04
------------------------------------------------------------------------
Investment Commerce Fisheries Corporation
(``Incomfish'') aka
Incomfish aka
Investment Commerce Fisheries Corp. aka
Incomfish Corp. aka
Incomfish Corporation aka
Investment Commerce Fisheries aka
Investment Commerce Fisheries Corporation aka
Incomfish Corporation................................. 1.04
------------------------------------------------------------------------
Kim Anh Company Limited (``Kim Anh'')................. 1.04
------------------------------------------------------------------------
Minh Hai Export Frozen Seafood Processing Joint Stock
Company aka
Minh Hai Jostoco aka
[[Page 56163]]
Minh Hai Export Frozen Seafood Processing Joint-Stock
Company (``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 1.04
Company..............................................
------------------------------------------------------------------------
Minh Hai Joint-Stock Seafoods Processing Company
(``Seaprodex Minh Hai'') aka
Sea Minh Hai aka
Minh Hai Joint-Stock Seafoods Processing Company aka
Seaprodex Minh Hai aka
Seaprodex Min Hai aka
Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods
Processing Co.) aka
Seaprodex Minh Hai Factory aka
Seaprodex Minh Hai Factory No. 69 aka
Seaprodex Minh Hai Workshop 1 aka
Seaprodex Minh Hai-Factory No. 78 aka
Workshop I Seaprodex Minh Hai......................... 1.04
------------------------------------------------------------------------
Minh Hai Sea Products Import Export Company
(``Seaprimex Co'') aka
Minh Hai Sea Products Import 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'')
aka
Minh Hai Seaproducts Import Export Corporation aka
Seaprimexco aka
Minh Hai Seaproducts Co Ltd. (Seaprimexco) aka
Ca Mau Seafood Joint Stock Company (``Seaprimexco 1.04
Vietnam'')...........................................
------------------------------------------------------------------------
Ngoc Sinh Private Enterprise aka
Ngoc Sinh Seafoods aka
Ngoc Sinh Seafoods Processing and Trading Enterprise
aka
Ngoc Sinh Fisheries aka
Ngoc Sinh Private Enterprises aka
Ngoc Sinh Seafoods Processing and Trading Enterprises
aka
Ngoc Sinh aka
Ngoc Sinh Seafood Processing Company aka
Ngoc Sinh Seafoods (Private Enterprise)............... 1.04
------------------------------------------------------------------------
Nhat Duc Co., Ltd. aka
Nhat Duc Co., Ltd. (``Nhat Duc'')..................... 1.04
------------------------------------------------------------------------
Nha Trang Fisheries Joint Stock Company (``Nha Trang
Fisco'') aka
Nha Trang Fisheries Joint Stock Company aka
Nhatrang Fisheries Joint Stock Company aka
Nha Trang Fisco aka
Nhatrang Fisco aka
Nha Trang Fisheries, Joint Stock aka
Nha Trang Fisheries Joint Stock Company (Nha Trang 1.04
Fisco)...............................................
------------------------------------------------------------------------
Phu Cuong Jostoco Seafood Corporation aka
Phu Cuong Seafood Processing and Import-Export Co.,
Ltd. aka
Phu Cuong Seafood Processing and Import Export Company
Limited aka
Phu Cuong Jostoco Corp................................ 1.04
------------------------------------------------------------------------
Phuong Nam Co., Ltd. (``Phuong Nam'') aka
Western Seafood Processing and Exporting Factory
(``Western Seafood'') aka
Phuong Nam Foodstuff Corp. aka
Phuong Nam Co. Ltd.................................... 1.04
------------------------------------------------------------------------
Sao Ta Foods Joint Stock Company (``Fimex VN'') aka
Sao Ta Foods Joint Stock Company aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory................................. 1.04
------------------------------------------------------------------------
Soc Trang Aquatic Products and General Import Export
Company (``Stapimex'') aka
Soc Trang Seafood Joint Stock Company (``Stapimex'')
aka
Soc Trang Seafood Joint Stock Company aka
Soc Trang Aquatic Products and General Import Export
Company aka
Stapimex aka
Soc Trang Aquatic Products and General Import Export
Company-(Stapimex) aka
Stapimex Soc Trans Aquatic Products and General Import
Export Company aka
[[Page 56164]]
Stapmex............................................... 1.04
------------------------------------------------------------------------
Thuan Phuoc Seafoods and Trading Corporation aka
Thuan Phuoc aka
Frozen Seafoods Factory No. 32 aka
Frozen Seafoods Fty aka
Seafoods and Foodstuff Factory aka
My Son Seafoods Factory aka
Seafoods and Foodstuff Factory Vietnam................ 1.04
------------------------------------------------------------------------
UTXI Aquatic Products Processing Company aka
UT XI Aquatic Products Processing Company aka
UT-XI Aquatic Products Processing Company aka
UTXI aka
UTXI Co. Ltd. aka
Khanh Loi Seafood Factory aka
Hoang Phuong Seafood Factory aka
UTXI Aquatic Products Processing Corporation
(``UTXICO'') aka
UTXI Aquatic Products Processing Corporation aka
UTXICO................................................ 1.04
------------------------------------------------------------------------
Viet Hai Seafood Co., Ltd. aka
Vietnam Fish One Co., Ltd. (``Fish One'') aka
Viet Hai Seafoods Company Ltd. (``Vietnam Fish One Co. 1.04
Ltd.'')..............................................
------------------------------------------------------------------------
Vietnam-wide Entity................................... 25.76
------------------------------------------------------------------------
Assessment
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), the Department will calculate importer-
specific (or customer) per unit 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. The
Department will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate is above de minimis.
Cash Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of the 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 Tariff Act of 1930, as
amended (``the Act''): (1) For the exporters listed above, the cash
deposit rate will be the rate 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.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this 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
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 31, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
Comment 1: Surrogate Country
Comment 2: Surrogate Values
A. Shrimp
B. Shrimp Conversion Ratio
C. Shrimp Count-size Error
D. Inclusion of Imports Specifying Bangladeshi Origin
E. Cartons
F. Purchased Ice
G. Water
H. Containerization
I. Labor
J. Financial Ratios
Comment 3: Zeroing
Comment 4: Separate Rate Companies
Comment 5: Changes to the Minh Phu Group Margin Program
A. Quantity
B. Marine Insurance
Comment 6: Customs Instructions
A. Corrections to Cash Deposit and Liquidation Instructions
B. Liquidation Instructions
[[Page 56165]]
Comment 7: Name Corrections for Certain Companies
[FR Doc. 2011-23278 Filed 9-9-11; 8:45 am]
BILLING CODE 3510-DS-P
