Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam; Final Results of Re-Conducted Administrative Review of Grobest & I-Mei Industrial (Vietnam) Co., Ltd. and Intent Not To Revoke; 2008-2009, 15309-15310 [2014-06080]

Download as PDF Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Notices 15309 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE— Continued [03/06/2014 through 03/13/2014] Firm name Atlas Machining & Welding, Inc. 777 Smith 18067. Lane, Northampton, Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Dated: March 13, 2014. Michael DeVillo, Eligibility Examiner. [FR Doc. 2014–06014 Filed 3–18–14; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam; Final Results of ReConducted Administrative Review of Grobest & I-Mei Industrial (Vietnam) Co., Ltd. and Intent Not To Revoke; 2008–2009 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 18, 2013, the Department of Commerce (‘‘the Department’’) published its Preliminary Results of the re-conducted administrative review of certain frozen warmwater shrimp (‘‘shrimp’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’) of Grobest & I-Mei Industrial (Vietnam) Co., Ltd. (‘‘Grobest’’) and intent not to revoke.1 sroberts on DSK5TPTVN1PROD with NOTICES AGENCY: 1 See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Re-conducted Administrative Review of Grobest VerDate Mar<15>2010 Date accepted for investigation Firm address 18:28 Mar 18, 2014 Jkt 232001 PA 3/13/2014 Product(s) The firm manufacturers’ large custom iron and steel parts and assemblies. The period of review (‘‘POR’’) is February 1, 2008, through January 31, 2009. The final dumping margin is listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: March 19, 2014. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4031. SUPPLEMENTARY INFORMATION: Background On September 18, 2013, the Department published the Preliminary Results of this administrative review.2 On November 4, 2013, we received a case brief from Grobest.3 On November 12, 2013, we received a rebuttal brief from Domestic Producers.4 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.5 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. Further, on January 28, 2014, the Department extended the deadline in this proceeding by 60 days.6 & I-Mei Industrial (Vietnam) Co., Ltd. and Intent Not To Revoke; 2008–2009, 78 FR 57532 (September 18, 2013) (‘‘Preliminary Results’’). 2 See id. 3 See Letter from Grobest, to the Department, regarding ‘‘Certain Frozen Warmwater Shrimp from Vietnam: Case Brief on behalf of Viet I-Mei Frozen Foods Co, Ltd.,’’ dated November 4, 2013. 4 See Letter from Domestic Producers, to Commerce, regarding ‘‘Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam (2008–2009) for Grobest & I-Mei Industrial (Vietnam) Co., Ltd.: Rebuttal Brief,’’ dated November 12, 2013. 5 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 6 See Memorandum to Christian Marsh, through James Doyle, from Susan Pulongbarit, ‘‘Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Extension of Deadline for PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 The revised deadline for these final results is April 4, 2014. Scope of the Order The merchandise subject to the order is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in the Issues and Decision Memorandum, dated concurrently with these results and hereby adopted by this notice, remains dispositive.7 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum, which is hereby adopted by this Notice. A list of the issues which parties raised is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the CRU. In addition, a complete version of the Final Results of Re-conducted Administrative Review of Grobest & I-Mei Industrial (Vietnam) Co., Ltd., dated January 27, 2014. 7 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for antidumping and Countervailing Duty Operations, regarding Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the Re-Conducted Administrative Review of Grobest & I-Mei Industrial (Vietnam) Co., Ltd., dated concurrently with these results. E:\FR\FM\19MRN1.SGM 19MRN1 15310 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Notices Final Results of the Review minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department announced a refinement to its assessment practice in non-market economy (‘‘NME’’) cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate. For a full discussion of this practice, see NME Antidumping Proceedings.9 The dumping margin for the POR is as follows: Notification to Importers Regarding the Reimbursement of Duties Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision 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, we have not made any changes to the Preliminary Results. Determination Not To Revoke Order in Part We continue to find that Grobest has not satisfied the requirements of 19 CFR 351.222(b). Thus, under section 751 of the Tariff Act of 1930, as amended (‘‘the Act’’), we determine not to revoke in part the order with respect to Grobest. Exporter Weightedaverage margin (Percent) Grobest & I-Mei Industrial (Vietnam) ........................... 25.76 sroberts on DSK5TPTVN1PROD with NOTICES Assessment Rates The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of sales.8 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate is above de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de 8 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). VerDate Mar<15>2010 18:28 Mar 18, 2014 Jkt 232001 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 occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. 9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘NME Antidumping Proceedings’’). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Dated: March 13, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–06080 Filed 3–18–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Reopening of the First Five-Year ‘‘Sunset’’ Review of the Antidumping Duty Order Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 7, 2010, the Department of Commerce (‘‘the Department’’) published the final results of the first sunset review of the antidumping duty (‘‘AD’’) order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’). Certain information has come to the Department’s attention that may call into question the integrity of the first sunset review and the information on which the Department relied for its final results. The Department is reopening the first sunset review to consider the new information and invites the interested parties to comment on this information. DATES: Effective Date: March 19, 2014. FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: 202– 482–4047. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 7, 2010, the Department published the final results of the first sunset review of the AD order on certain frozen warmwater shrimp from Vietnam finding that revocation of the order would likely lead to continuation or recurrence of dumping.1 On April 5, 2011, the International Trade Commission (‘‘the ITC’’) published its determination pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’) that revocation of 1 See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Five-year ‘‘Sunset’’ Review of the Antidumping Duty Order, 75 FR 75965 (December 7, 2010)(‘‘Sunset Final Results’’). E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Notices]
[Pages 15309-15310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06080]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam; Final Results of Re-Conducted Administrative Review of Grobest 
& I-Mei Industrial (Vietnam) Co., Ltd. and Intent Not To Revoke; 2008-
2009

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On September 18, 2013, the Department of Commerce (``the 
Department'') published its Preliminary Results of the re-conducted 
administrative review of certain frozen warmwater shrimp (``shrimp'') 
from the Socialist Republic of Vietnam (``Vietnam'') of Grobest & I-Mei 
Industrial (Vietnam) Co., Ltd. (``Grobest'') and intent not to 
revoke.\1\ The period of review (``POR'') is February 1, 2008, through 
January 31, 2009. The final dumping margin is listed below in the 
``Final Results of the Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Preliminary Results of Re-conducted 
Administrative Review of Grobest & I-Mei Industrial (Vietnam) Co., 
Ltd. and Intent Not To Revoke; 2008-2009, 78 FR 57532 (September 18, 
2013) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: March 19, 2014.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4031.

SUPPLEMENTARY INFORMATION: 

Background

    On September 18, 2013, the Department published the Preliminary 
Results of this administrative review.\2\ On November 4, 2013, we 
received a case brief from Grobest.\3\ On November 12, 2013, we 
received a rebuttal brief from Domestic Producers.\4\
---------------------------------------------------------------------------

    \2\ See id.
    \3\ See Letter from Grobest, to the Department, regarding 
``Certain Frozen Warmwater Shrimp from Vietnam: Case Brief on behalf 
of Viet I-Mei Frozen Foods Co, Ltd.,'' dated November 4, 2013.
    \4\ See Letter from Domestic Producers, to Commerce, regarding 
``Antidumping Duty Administrative Review of Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam (2008-2009) for 
Grobest & I-Mei Industrial (Vietnam) Co., Ltd.: Rebuttal Brief,'' 
dated November 12, 2013.
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\5\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. Further, on January 28, 2014, the Department extended the 
deadline in this proceeding by 60 days.\6\ The revised deadline for 
these final results is April 4, 2014.
---------------------------------------------------------------------------

    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \6\ See Memorandum to Christian Marsh, through James Doyle, from 
Susan Pulongbarit, ``Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Extension of Deadline for Final 
Results of Re-conducted Administrative Review of Grobest & I-Mei 
Industrial (Vietnam) Co., Ltd., dated January 27, 2014.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (``HTSUS'') item 
numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Issues and 
Decision Memorandum, dated concurrently with these results and hereby 
adopted by this notice, remains dispositive.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for antidumping and Countervailing Duty Operations, 
regarding Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Issues and Decision Memorandum for the Re-
Conducted Administrative Review of Grobest & I-Mei Industrial 
(Vietnam) Co., Ltd., dated concurrently with these results.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted by this Notice. A list of the issues which parties raised is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file in the Central Records 
Unit (``CRU''), Room 7046 of the main Department of Commerce building, 
as well as electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the CRU. In addition, a complete version of 
the

[[Page 15310]]

Issues and Decision Memorandum can be accessed directly on the internet 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
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, we have not made 
any changes to the Preliminary Results.

Determination Not To Revoke Order in Part

    We continue to find that Grobest has not satisfied the requirements 
of 19 CFR 351.222(b). Thus, under section 751 of the Tariff Act of 
1930, as amended (``the Act''), we determine not to revoke in part the 
order with respect to Grobest.

Final Results of the Review

    The dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                          average margin
                                                            (Percent)
------------------------------------------------------------------------
Grobest & I-Mei Industrial (Vietnam)...................           25.76
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of sales.\8\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate is above de minimis. Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, or an importer-specific assessment rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
---------------------------------------------------------------------------

    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases. Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the NME-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate. For a 
full discussion of this practice, see NME Antidumping Proceedings.\9\
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Antidumping Proceedings'').
---------------------------------------------------------------------------

Notification to Importers Regarding the 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 occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 13, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-06080 Filed 3-18-14; 8:45 am]
BILLING CODE 3510-DS-P