Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 59650-59651 [2013-23635]

Download as PDF 59650 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–53–2013] Subzone 9F, Authorization of Production Activity, The Gas Company, LLC dba Hawai’i Gas, (Synthetic Natural Gas), Kapolei, Hawaii On May 22, 2013, The Gas Company, LLC dba Hawai’i Gas submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility within Subzone 9F, in Kapolei, Hawaii. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (78 FR 33051–33052, June 3, 2013). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: September 19, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–23651 Filed 9–26–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1916] Reorganization of Foreign-Trade Zone 40 Under Alternative Site Framework Cleveland, Ohio pmangrum on DSK3VPTVN1PROD with NOTICES Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Board adopted the alternative site framework (ASF) (15 CFR 400.2(c)) as an option for the establishment or reorganization of zones; Whereas, the Cleveland-Cuyahoga County Port Authority, grantee of Foreign-Trade Zone 40, submitted an application to the Board (FTZ Docket B– 49–2013, docketed 5–17–2013, amended August 15, 2013) for authority to reorganize under the ASF with a service area of Cuyahoga, Geauga and Lorain Counties, Ohio, in and adjacent to the Cleveland Customs and Border Protection port of entry, FTZ 40’s existing Sites 1–22 would be categorized as magnet sites, and existing Site 23 as a usage-driven site; VerDate Mar<15>2010 14:21 Sep 26, 2013 Jkt 229001 Whereas, notice inviting public comment was given in the Federal Register (78 FR 30863, May 23, 2013) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendation of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied if subject to the sunset limits noted below; Now, therefore, the Board hereby orders: The application to reorganize FTZ 40 under the ASF is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.13, to the Board’s standard 2,000-acre activation limit for the zone. Approval is also subject to a seven-year ASF sunset provision for a magnet site that would terminate authority for Site 16 if not activated by September 30, 2020, to a five-year ASF sunset provision for magnet sites that would terminate authority for Sites 2–15 and 17–22 if not activated by September 30, 2018, and to a three-year ASF sunset provision for usage-driven sites that would terminate authority for Site 23 if no foreign-status merchandise is admitted for a bona fide customs purpose by September 30, 2016. docketed June 18, 2013) for authority to reorganize under the ASF with a service area of Bay and Washington Counties, adjacent to the Panama City Customs and Border Protection port of entry, to reinstate acreage at Site 3, to remove acreage from Site 4, and to categorize FTZ 65’s existing Sites 1, 2, 3 (as modified), 4 (as modified) and 5 as magnet sites; Whereas, notice inviting public comment was given in the Federal Register (78 FR 37784–37785, June 24, 2013) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby orders: The application to reorganize FTZ 65 under the ASF is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.13, to the Board’s standard 2,000-acre activation limit for the overall zone, and to a five-year ASF sunset provision for magnet sites that would terminate authority for Sites 2, 3, 4 and 5 if not activated by September 30, 2018. Signed at Washington, DC, this 17th day of September, 2013. Paul Piquado, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. Signed at Washington, DC, this 17th day of September, 2013. Paul Piquado, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–23658 Filed 9–26–13; 8:45 am] [FR Doc. 2013–23665 Filed 9–26–13; 8:45 am] BILLING CODE 3510–DS–P BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board International Trade Administration [Order No. 1917] [A–522–802] Reorganization of Foreign-Trade Zone 65 Under Alternative Site Framework, Panama City, Florida Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Board adopted the alternative site framework (ASF) (15 CFR 400.2(c)) as an option for the establishment or reorganization of zones; Whereas, the Panama City Port Authority, grantee of Foreign-Trade Zone 65, submitted an application to the Board (FTZ Docket B–63–2013, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’) meets the statutory and regulatory requirements for initiation. DATES: Effective September 27, 2013. AGENCY: E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices FOR FURTHER INFORMATION CONTACT: Initiation of New Shipper Reviews Katie Marksberry, 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– 482–7906. Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we find that Goldenquality’s NSR request meets the threshold requirements for initiation of an NSR for the shipment of certain frozen warmwater shrimp from Vietnam produced and exported by Goldenquality.8 The period of review (‘‘POR’’) is February 1, 2013 through July 31, 2013.9 The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 270 days from the date of initiation.10 It is the Department’s usual practice, in cases involving non-market economies (‘‘NMEs’’), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to Goldenquality, which will include a section requesting information with regard to its export activities for separate rate purposes. The NSR will proceed if the response provides sufficient indication that Goldenquality is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting, until the completion of the NSR, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Goldenquality in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Goldenquality certified that it produced and exported the subject merchandise, the sale of which is the basis for this NSR request, we will apply the bonding privilege to Goldenquality only for subject merchandise which Goldenquality both produced and exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are published in accordance with section SUPPLEMENTARY INFORMATION: Background pmangrum on DSK3VPTVN1PROD with NOTICES The notice announcing the antidumping duty order on shrimp from Vietnam was published in the Federal Register on February 1, 2005.1 On August 30, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214, the Department received a timely request to conduct an NSR of the Order from Goldenquality Seafood Corporation (‘‘Goldenquality’’).2 Goldenquality has certified that it is the producer and exporter of the subject merchandise upon which the request was based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Goldenquality certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’).4 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Goldenquality certified that, since the initiation of the investigation, it has never been affiliated with any Vietnam exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Goldenquality also certified that its export activities were not controlled by the Vietnam central government.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Goldenquality submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (‘‘Order’’). 2 See, generally, Goldenquality’s NSR request dated August 30, 2013. 3 See id., at 2. 4 See id., at 2 and Exhibit 1. 5 See id. 6 See id., at 2. 7 See id., at 2–3 and Exhibits 2–4. VerDate Mar<15>2010 14:21 Sep 26, 2013 Jkt 229001 8 See ‘‘Memorandum to the File, from James C. Doyle, Director, Office 9, ‘‘Initiation of AD New Shipper Review: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam A–552– 802,’’ dated concurrently with this notice. 9 See 19 CFR 351.214(g)(1)(i)(B). 10 See section 751(a)(2)(B)(iv) of the Act. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 59651 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: September 18, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–23635 Filed 9–26–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–816] Certain Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Notice of Court Decisions Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2006–2007 On August 8, 2013, the United States Court of International Trade (‘‘CIT’’ or ‘‘Court’’) enter final judgments sustaining the Department of Commerce’s (‘‘Department’’) final results of the remand redeterminations 1 relating to the fourteenth administrative review of the antidumping duty order on certain corrosion-resistant carbon steel flat products (‘‘CORE’’) from the Republic of Korea (‘‘Korea’’), pursuant to the CIT’s remand orders in Union Steel v. United States, 755 F. Supp. 2d 1304 (CIT 2011) (‘‘Union I’’), and United States Steel Corp. v. United States, 759 F. Supp. 2d 1349 (Ct. Int’l Trade 2011) (‘‘U.S. Steel I’’). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final CIT judgments in this case are not in harmony with the Department’s final results of administrative review and is amending its final results of the administrative review of the antidumping duty order on CORE from Korea covering the period of review (‘‘POR’’) of August 1, 2006 through July 31, 2007, with respect to the weightedaverage dumping margin assigned to Union Steel Manufacturing Co., Ltd. (‘‘Union’’). DATES: Effective August 19, 2013. SUMMARY: 1 See Final Remand Results of Redetermination Pursuant to Remand, CIT Court No. 09–00130 (July 15, 2011) (‘‘Union Remand Results’’); Final Remand Results of Redetermination Pursuant to Remand, CIT Court No. 09–00156 (July 15, 2011) (‘‘U.S. Steel Remand Results’’). E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59650-59651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-522-802]


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

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

SUMMARY: The Department of Commerce (``the Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain frozen warmwater shrimp from the Socialist 
Republic of Vietnam (``Vietnam'') meets the statutory and regulatory 
requirements for initiation.

DATES: Effective September 27, 2013.

[[Page 59651]]


FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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: 202-482-7906.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on shrimp from 
Vietnam was published in the Federal Register on February 1, 2005.\1\ 
On August 30, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.214, the 
Department received a timely request to conduct an NSR of the Order 
from Goldenquality Seafood Corporation (``Goldenquality'').\2\ 
Goldenquality has certified that it is the producer and exporter of the 
subject merchandise upon which the request was based.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (``Order'').
    \2\ See, generally, Goldenquality's NSR request dated August 30, 
2013.
    \3\ See id., at 2.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Goldenquality certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Goldenquality certified that, since the initiation of the 
investigation, it has never been affiliated with any Vietnam exporter 
or producer who exported subject merchandise to the United States 
during the POI, including those respondents not individually examined 
during the investigation.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Goldenquality also certified that its export 
activities were not controlled by the Vietnam central government.\6\
---------------------------------------------------------------------------

    \4\ See id., at 2 and Exhibit 1.
    \5\ See id.
    \6\ See id., at 2.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Goldenquality submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\7\
---------------------------------------------------------------------------

    \7\ See id., at 2-3 and Exhibits 2-4.
---------------------------------------------------------------------------

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that Goldenquality's NSR request meets the 
threshold requirements for initiation of an NSR for the shipment of 
certain frozen warmwater shrimp from Vietnam produced and exported by 
Goldenquality.\8\ The period of review (``POR'') is February 1, 2013 
through July 31, 2013.\9\ The Department intends to issue the 
preliminary results of this NSR no later than 180 days from the date of 
initiation, and the final results no later than 270 days from the date 
of initiation.\10\
---------------------------------------------------------------------------

    \8\ See ``Memorandum to the File, from James C. Doyle, Director, 
Office 9, ``Initiation of AD New Shipper Review: Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam A-552-802,'' 
dated concurrently with this notice.
    \9\ See 19 CFR 351.214(g)(1)(i)(B).
    \10\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
NME entity-wide rate provide evidence of de jure and de facto absence 
of government control over the company's export activities. 
Accordingly, we will issue a questionnaire to Goldenquality, which will 
include a section requesting information with regard to its export 
activities for separate rate purposes. The NSR will proceed if the 
response provides sufficient indication that Goldenquality is not 
subject to either de jure or de facto government control with respect 
to its exports of subject merchandise.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
NSR, of a bond or security in lieu of a cash deposit for each entry of 
the subject merchandise from Goldenquality in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because 
Goldenquality certified that it produced and exported the subject 
merchandise, the sale of which is the basis for this NSR request, we 
will apply the bonding privilege to Goldenquality only for subject 
merchandise which Goldenquality both produced and exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

     Dated: September 18, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-23635 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-DS-P