Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review; 2014-2015, 12702-12705 [2016-05406]
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12702
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
—The ability by the applicant to initiate
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candidate’s ability to initiate and be
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Dated: March 4, 2016.
Stephen Alley,
Acting Director of the Office of European
Country Affairs (OECA).
[FR Doc. 2016–05350 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DA–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is
conducting an administrative review of
the antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) for the period of review
February 1, 2014, through January 31,
2015. The Department preliminarily
determines that sales by the Minh Phu
Group 1 and Stapimex,2 the two
mandatory respondents, were made
below normal value (‘‘NV’’). Interested
parties are invited to comment on these
preliminary results.3
AGENCY:
1 Minh Phu Seafood Corporation, Minh Qui
Seafood Co., Ltd., Minh Phat Seafood Co., Ltd., and
Minh Phu Hau Giang Seafood Joint Stock Company
(collectively, the ‘‘Minh Phu Group’’). The
Department previously collapsed the companies
within the Minh Phu Group in the ninth
administrative review. See Certain Frozen
Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty
Administrative Review, 2013–2014, 80 FR 55328
(September 15, 2015). There have been no changes
since the preceding administrative review regarding
the corporate or legal structure of the companies
within the Minh Phu Group. Thus, we continue to
find that these companies are affiliated and
comprise a single entity to which we will assign a
single rate.
2 Soc Trang Seafood Joint Stock Company
(‘‘Stapimex’’).
3 Further, as explained in the memorandum from
the Acting Assistant Secretary for Enforcement &
Compliance, the Department has exercised its
discretion to toll all administrative deadlines due
to the recent closure of the Federal Government. All
deadlines in this segment of the proceeding have
been extended by four business days. The revised
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DATES:
Effective: March 10, 2016.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Robert Palmer, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905, or (202) 482–9068,
respectively.
SUPPLEMENTARY INFORMATION:
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
Preliminary Decision Memorandum,
remains dispositive.4
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Constructed
export prices and export prices were
calculated in accordance with section
772 of the Act. Because Vietnam is a
nonmarket economy within the meaning
of section 771(18) of the Act, NV was
calculated in accordance with section
773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via the Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
deadline for the preliminary results of this review
is now March 4, 2016. See Memorandum to the
Record, from Ron Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance,
‘‘Tolling of Administrative Deadlines as a Result of
the Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
4 For a complete description of the Scope of the
Order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
titled ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam; 2014–2015,’’
dated concurrently with and adopted by this notice
(‘‘Preliminary Decision Memorandum’’).
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registered users at https://
access.trade.gov and in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information and information provided
by a number of companies, we
preliminarily determine that 15
companies 5 did not have any
reviewable transactions during the POR.
In addition, the Department finds,
consistent with its refinement to its
assessment practice in non-market
economy cases, that it is appropriate not
to rescind the review in part in these
circumstances, but to complete the
review with respect to these 15
companies and issue appropriate
instructions to CBP based on the final
results of the review.6 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Partial Rescission of Review
On July 2, 2015, both Petitioner and
ASPA filed timely withdrawals of their
review requests for Seavina Joint Stock
Company.7 Pursuant to 19 CFR
351.213(d)(1), the Department will
rescind an administrative review, in
whole or in part, if the party that
requested the review withdraws its
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Because both
Petitioner and ASPA withdrew their
requests for administrative review of
Seavina Joint Stock Company within 90
days of the date of publication of the
Initiation Notice, and no other
interested party requested a review of
this company, the Department is
rescinding this review with respect to
Seavina Joint Stock Company, in
accordance with 19 CFR 351.213(d)(1).
Preliminary Results of Review
The Department finds that 51
companies for which a review was
requested have not established
eligibility for a separate rate and are
considered to be part of the Vietnamwide entity for these preliminary
results.8 The Department’s change in
policy regarding conditional review of
the Vietnam-wide entity applies to this
administrative review.9 Under this
policy, the Vietnam-wide entity will not
be under review unless a party
specifically requests, or the Department
self-initiates, a review of the entity.
Because no party requested a review of
the Vietnam-wide entity, the entity is
not under review and the entity’s rate is
not subject to change. For companies for
which a review was requested and that
have established eligibility for a
separate rate, the Department
preliminarily determines that the
following weighted-average dumping
margins exist:
Weighted-average
margin
(percent)
Exporter 10
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Minh Phu Group:
Minh Phu Seafood Corp., aka Minh Phu Seafood Corporation, aka Minh Qui Seafood Co., Ltd., aka Minh Phat Seafood Co., Ltd., aka Minh Phu Hau Giang Seafood Joint Stock Company .......................................................................
Soc Trang Seafood Joint Stock Company, aka Stapimex ..........................................................................................................
Bac Lieu Fisheries Joint Stock Company ...................................................................................................................................
C.P. Vietnam Corporation ............................................................................................................................................................
Cadovimex Seafood Import-Export and Processing Joint Stock Company ................................................................................
Camau Frozen Seafood Processing Import Export Corporation, aka Camau Seafood Factory No. 4 ......................................
Can Tho Import Export Fishery Limited Company ......................................................................................................................
Camau Seafood Processing and Service Joint Stock Corporation ............................................................................................
Cuulong Seaproducts Company ..................................................................................................................................................
Gallant Dachan Seafood Co., Ltd. ..............................................................................................................................................
Green Farms Seafood Joint Stock Company .............................................................................................................................
Hai Viet Corporation ....................................................................................................................................................................
Investment Commerce Fisheries Corporation .............................................................................................................................
Kim Anh Company Limited, aka Kim Anh Co., Ltd. ....................................................................................................................
Minh Hai Export Frozen Seafood Processing Joint-Stock Company .........................................................................................
Minh Hai Joint-Stock Seafoods Processing Company ................................................................................................................
Nha Trang Fisheries Joint Stock Company ................................................................................................................................
Nha Trang Seafoods Group:
Nha Trang Seaproduct Company, aka NT Seafoods Corporation, aka Nha Trang Seafoods—F89 Joint Stock Company, aka NTSF Seafoods Joint Stock Company, aka ....................................................................................................
Ngoc Tri Seafood Joint Stock Company .....................................................................................................................................
5 These 15 companies are: (1) BIM Seafood Joint
Stock Company; (2) Bien Dong Seafood Co., Ltd.; (3)
Cafatex Fishery Joint Stock Corporation; (4)
Camranh Seafoods Processing Enterprise Pte.; (5)
Coastal Fisheries Development Corporation; (6)
Bentre Forestry Aquaproduct Import-Export Joint
Stock Company; (7) Fine Foods Co.; (8) Gallant
Ocean (Vietnam) Co., Ltd.; (9) Long Toan Frozen
Aquatic Products Joint Stock Company; (10) Nhat
Duc Co., Ltd.; (11) Ngo Bros Seaproducts ImportExport One Member Company Limited; (12) Thong
Thuan Seafood Company Limited; (13) Tacvan
Seafoods Company; (14) Tan Phong Phu Seafood
Co., Ltd.; and (15) Vinh Hoan Corporation.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Notice’’);
see also ‘‘Assessment Rates’’ section below.
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7 See Petitioner’s and ASPA’s July 2, 2015,
‘‘Partial Withdrawal of Request for Review.’’
8 See Appendix II for a full list of the 51
companies; see also Preliminary Decision
Memorandum, at 12–13.
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 Due to the issues we have had in the past with
variations of exporter names related to this Order,
we remind exporters that the names listed in the
rate box are the exact names, including spelling and
punctuation which the Department will provide to
CBP and which CBP will use to assess POR entries
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and collect cash deposits. See, e.g., Minh Phu
Seafood Corporation’s Separate Rate Certification
dated May 4, 2015, at Attachment A, page 1, where
Minh Phu Seafood Corporation stated that the
initiated name of ‘‘Minh Phu Seafood Export Import
Corporation (and affiliates Minh Qui Seafood Co.
Ltd. and Minh Phat Seafood Co., Ltd.) and/or Minh
Phu Seafood Export Import Corporation (and
affiliates Minh Qui Seafood Co. Ltd. and Minh Phat
Seafood Co., Ltd.) (collectively ‘‘Minh Phu
Group’’)’’ was requested for initiation as such by
Petitioners but that ‘‘the company does not use this
combined name.’’ Indeed, many of the names
requested for review by Petitioners and ASPA are,
in fact, non-existent combinations of company
names.
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Weighted-average
margin
(percent)
Exporter 10
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Phuong Nam Foodstuff Corp. ......................................................................................................................................................
Quang Minh Seafood Co., Ltd. ....................................................................................................................................................
Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. ..................................................................................
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Saota Seafood Factory ...................................................................
Seaprimexco Vietnam ..................................................................................................................................................................
Taika Seafood Corporation ..........................................................................................................................................................
Thong Thuan Company Limited, aka T&T Co., Ltd ....................................................................................................................
Thuan Phuoc Seafoods and Trading Corporation ......................................................................................................................
Trong Nhan Seafood Company Limited ......................................................................................................................................
UTXI Aquatic Products Processing Corporation, aka Hoang Phuong Seafood Factory, aka Hoang Phong Seafood Factory
Viet Foods Co., Ltd. .....................................................................................................................................................................
Vietnam Clean Seafood Corporation ...........................................................................................................................................
Viet I-Mei Frozen Foods Co., Ltd. ...............................................................................................................................................
Disclosure and Public Comment
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice.
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
no later than 30 days after the
publication of these preliminary results,
and rebuttal comments within five days
after the time limit for filing case briefs.
Parties who submit case briefs or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11 Rebuttal briefs must be
limited to issues raised in the case
briefs.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
determined.13 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date. Interested parties are
invited to comment on the preliminary
results of this review.
The Department intends to issue the
final results of this administrative
review, including the results of our
analysis of issues raised in the written
11 See
19 CFR 351.309(c) and (d).
19 CFR 351.309(d)(2).
13 See 19 CFR 351.310(d).
12 See
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comments, within 120 days of
publication of these preliminary results
in the Federal Register.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.14 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For any
individually examined respondent
whose weighted average dumping
margin is above de minimis (i.e., is 0.50
percent or more) in the final results of
this review, 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, in accordance
with 19 CFR 351.212(b)(1).15 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review 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.
For the final results, if we continue to
treat the 51 companies identified above
as part of the Vietnam-wide entity, we
will instruct CBP to apply an ad
valorem assessment rate of 25.76
percent to all entries of subject
merchandise during the POR which
14 See
19 CFR 351.212(b).
these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
15 In
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were produced and/or exported by those
companies.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from Vietnam
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
the companies listed above, which have
a separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed Vietnam and
non-Vietnam exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnam exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the existing rate for
the Vietnam-wide entity of 25.76
percent; and (4) for all non-Vietnam
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnam exporter that
supplied that non-Vietnam exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
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regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Extension of Preliminary Results
4. Respondent Selection
5. Scope of the Order
6. Partial Rescission of Review
7. Preliminary Determination of No
Shipments
8. Non-Market Economy Country
9. Separate Rates
10. Separate Rate Calculation
11. Vietnam-Wide Entity
12. Surrogate Country and Surrogate Value
Data
a. Surrogate Country
b. Economic Comparability
c. Significant Producers of Comparable
Merchandise
d. Data Availability
e. Public Availability and Broad-Market
Average
f. Specificity
g. Contemporaneity and Tax and Duty
Exclusive
13. Date of Sale
14. Comparisons to Normal Value
a. Determination of Comparison Method
b. Results of the Differential Pricing
Analysis
15. U.S. Price
a. Export Price
b. Constructed Export Price
16. Normal Value
a. Exclusion Requests
17. Factor Valuations
18. Currency Conversion
19. Verification
20. Conclusion
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Appendix II
Companies Subject to Review Determined To
Be Part of the Vietnam-Wide Entity
1. Amanda Foods (Vietnam) Ltd. Ngoc Tri
Seafood Company (Amanda’s affiliate)
2. Amanda Seafood Co., Ltd.
3. An Giang Coffee JSC
4. Anvifish Joint Stock Co.
5. Asia Food Stuffs Import Export Co., Ltd.
6. B.O.P. Limited Co.
7. Binh An Seafood Joint Stock Company
8. Can Tho Agricultural and Animal Product
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Jkt 238001
Import Export Company (‘‘CATACO’’)
Can Tho Agricultural and Animal Products
Imex Company
Can Tho Agricultural and Animal Products
Import Export Company (‘‘CATACO’’)
Can Tho Agricultural Products
Can Tho Agricultural Products
9. Can Tho Import Export Seafood Joint Stock
Company (CASEAMEX)
10. Cau Tre Enterprise (C. T. E.)
11. Cautre Export Goods Processing Joint
Stock Company
12. CL Fish Co., Ltd. (Cuu Long Fish
Company)
13. Danang Seaproducts Import Export
Corporation (‘‘Seaprodex Danang’’)
Danang Seaproducts Import-Export
Corporation (‘‘Seaprodex Danang’’) (and
its affiliates)
Danang Seaproducts Import-Export
Corporation (and its affiliate, Tho Quang
Seafood Processing and Export
Company) (collectively ‘‘Seaprodex
Danang’’)
Seaprodex Danang
Tho Quang Co.
Tho Quang Seafood Processing and Export
Company
Frozen Seafoods Factory No. 32 (Tho
Quang Seafood Processing and Export
Company)
14. D & N Foods Processing (Danang
Company Ltd.)
15. Duy Dai Corporation
16. Gallant Ocean (Quang Ngai) Co., Ltd.
17. Gn Foods
18. Hai Thanh Food Company Ltd.
19. Hai Vuong Co., Ltd.
20. Han An Trading Service Co., Ltd.
21. Hoang Hai Company Ltd.
22. Hua Heong Food Industries Vietnam Co.
Ltd.
23. Huynh Huong Seafood Processing
(Huynh Houng Trading and Import
Export Joint Stock Company)
24. Interfood Shareholding Co.
25. Khanh Loi Seafood Factory
26. Kien Long Seafoods Co. Ltd.
27. Luan Vo Fishery Co., Ltd.
28. Minh Chau Imp. Exp. Seafood Processing
Co., Ltd.
29. Minh Cuong Seafood Import Export
Frozen Processing Joint Stock Company
(‘‘Minh Cuong Seafood’’)
30. Mp Consol Co., Ltd.
31. Ngoc Chau Co., Ltd. and/or Ngoc Chau
Seafood Processing Company
32. Ngoc Sinh
Ngoc Sinh Fisheries
Ngoc Sinh Private Enterprises
Ngoc Sinh Seafood Processing Company
Ngoc Sinh Seafood Trading & Processing
Enterprise
Ngoc Sinh Seafoods
33. Phu Cuong Jostoco Corp.
Phu Cuong Jostoco Seafood Corporation
34. Quang Ninh Export Aquatic Products
Processing Factory
35. Quang Ninh Seaproducts Factory
36. Quoc Ai Seafood Processing Import
Export Co., Ltd.
37. S.R.V. Freight Services Co., Ltd.
38. Sustainable Seafood
39. Tan Thanh Loi Frozen Food Co., Ltd.
40. Thanh Doan Seaproducts Import & Export
Processing Joint-Stock Company
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12705
(THADIMEXCO)
41. Thanh Hung Frozen Seafood Processing
Import Export Co., Ltd.
42. Thanh Tri Seafood Processing Co. Ltd.
43. Thinh Hung Co., Ltd.
44. Tien Tien Garment Joint Stock Company
45. Tithi Co., Ltd.
46. Trang Khan Seafood Co., Ltd.
47. Viet Cuong Seafood Processing Import
Export Joint-Stock Company
48. Vietnam Fish One Co., Ltd.
Viet Hai Seafood Co., Ltd.
Vietnam Fish-One Co., Ltd. (‘‘Fish One’’)
(Viet Hai Seafood Co., Ltd.)
49. Vietnam Northern Viking Technologies
Co. Ltd.
50. Vinatex Danang
51. Vinh Loi Import Export Company
(‘‘VIMEX’’)
Vinh Loi Import Export Company
(‘‘Vimexco’’)
[FR Doc. 2016–05406 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Preliminary Results of
Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
India. The review covers 223 producers
and/or exporters of the subject
merchandise.1 The Department selected
two mandatory respondents for
individual examination, Falcon Marine
Exports Limited and its affiliate K.R.
Enterprises (collectively, Falcon) and
the Liberty Group.2 The period of
review (POR) is February 1, 2014,
through January 31, 2015. We
preliminarily determine that sales to the
United States have been made below
normal value and, therefore, are subject
to antidumping duties. Additionally, we
preliminarily determine that certain
companies for which we initiated a
review did not have any shipments
AGENCY:
1 See Certain Frozen Warmwater Shrimp From
India and Thailand: Notice of Initiation of
Antidumping Duty Administrative Reviews, 80 FR
16634 (March 30, 2015) (Initiation Notice).
2 The Liberty Group consists of: Devi Marine
Food Exports Private Ltd.; Kader Exports Private
Limited; Kader Investment and Trading Company
Private Limited; Liberty Frozen Foods Pvt. Ltd.;
Liberty Oil Mills Ltd.; Premier Marine Products
Private Limited; and Universal Cold Storage Private
Limited.
E:\FR\FM\10MRN1.SGM
10MRN1
Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12702-12705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05406]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission of Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting an administrative
review of the antidumping duty order on certain frozen warmwater shrimp
from the Socialist Republic of Vietnam (``Vietnam'') for the period of
review February 1, 2014, through January 31, 2015. The Department
preliminarily determines that sales by the Minh Phu Group \1\ and
Stapimex,\2\ the two mandatory respondents, were made below normal
value (``NV''). Interested parties are invited to comment on these
preliminary results.\3\
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\1\ Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd.,
Minh Phat Seafood Co., Ltd., and Minh Phu Hau Giang Seafood Joint
Stock Company (collectively, the ``Minh Phu Group''). The Department
previously collapsed the companies within the Minh Phu Group in the
ninth administrative review. See Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review, 2013-2014, 80 FR 55328 (September 15,
2015). There have been no changes since the preceding administrative
review regarding the corporate or legal structure of the companies
within the Minh Phu Group. Thus, we continue to find that these
companies are affiliated and comprise a single entity to which we
will assign a single rate.
\2\ Soc Trang Seafood Joint Stock Company (``Stapimex'').
\3\ Further, as explained in the memorandum from the Acting
Assistant Secretary for Enforcement & Compliance, the Department has
exercised its discretion to toll all administrative deadlines due to
the recent closure of the Federal Government. All deadlines in this
segment of the proceeding have been extended by four business days.
The revised deadline for the preliminary results of this review is
now March 4, 2016. See Memorandum to the Record, from Ron Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance, ``Tolling
of Administrative Deadlines as a Result of the Government Closure
during Snowstorm Jonas,'' dated January 27, 2016.
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DATES: Effective: March 10, 2016.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Robert Palmer, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6905, or (202) 482-9068,
respectively.
SUPPLEMENTARY INFORMATION:
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 Preliminary
Decision Memorandum, remains dispositive.\4\
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\4\ For a complete description of the Scope of the Order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, titled ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam; 2014-2015,'' dated concurrently with
and adopted by this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Constructed export prices and export prices were calculated in
accordance with section 772 of the Act. Because Vietnam is a nonmarket
economy within the meaning of section 771(18) of the Act, NV was
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via the Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (``ACCESS''). ACCESS is
available to
[[Page 12703]]
registered users at https://access.trade.gov and in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection
(``CBP'') information and information provided by a number of
companies, we preliminarily determine that 15 companies \5\ did not
have any reviewable transactions during the POR. In addition, the
Department finds, consistent with its refinement to its assessment
practice in non-market economy cases, that it is appropriate not to
rescind the review in part in these circumstances, but to complete the
review with respect to these 15 companies and issue appropriate
instructions to CBP based on the final results of the review.\6\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ These 15 companies are: (1) BIM Seafood Joint Stock Company;
(2) Bien Dong Seafood Co., Ltd.; (3) Cafatex Fishery Joint Stock
Corporation; (4) Camranh Seafoods Processing Enterprise Pte.; (5)
Coastal Fisheries Development Corporation; (6) Bentre Forestry
Aquaproduct Import-Export Joint Stock Company; (7) Fine Foods Co.;
(8) Gallant Ocean (Vietnam) Co., Ltd.; (9) Long Toan Frozen Aquatic
Products Joint Stock Company; (10) Nhat Duc Co., Ltd.; (11) Ngo Bros
Seaproducts Import-Export One Member Company Limited; (12) Thong
Thuan Seafood Company Limited; (13) Tacvan Seafoods Company; (14)
Tan Phong Phu Seafood Co., Ltd.; and (15) Vinh Hoan Corporation.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Notice''); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Partial Rescission of Review
On July 2, 2015, both Petitioner and ASPA filed timely withdrawals
of their review requests for Seavina Joint Stock Company.\7\ Pursuant
to 19 CFR 351.213(d)(1), the Department will rescind an administrative
review, in whole or in part, if the party that requested the review
withdraws its request within 90 days of the date of publication of the
notice of initiation of the requested review. Because both Petitioner
and ASPA withdrew their requests for administrative review of Seavina
Joint Stock Company within 90 days of the date of publication of the
Initiation Notice, and no other interested party requested a review of
this company, the Department is rescinding this review with respect to
Seavina Joint Stock Company, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\7\ See Petitioner's and ASPA's July 2, 2015, ``Partial
Withdrawal of Request for Review.''
---------------------------------------------------------------------------
Preliminary Results of Review
The Department finds that 51 companies for which a review was
requested have not established eligibility for a separate rate and are
considered to be part of the Vietnam-wide entity for these preliminary
results.\8\ The Department's change in policy regarding conditional
review of the Vietnam-wide entity applies to this administrative
review.\9\ Under this policy, the Vietnam-wide entity will not be under
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a review
of the Vietnam-wide entity, the entity is not under review and the
entity's rate is not subject to change. For companies for which a
review was requested and that have established eligibility for a
separate rate, the Department preliminarily determines that the
following weighted-average dumping margins exist:
---------------------------------------------------------------------------
\8\ See Appendix II for a full list of the 51 companies; see
also Preliminary Decision Memorandum, at 12-13.
\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ Due to the issues we have had in the past with variations
of exporter names related to this Order, we remind exporters that
the names listed in the rate box are the exact names, including
spelling and punctuation which the Department will provide to CBP
and which CBP will use to assess POR entries and collect cash
deposits. See, e.g., Minh Phu Seafood Corporation's Separate Rate
Certification dated May 4, 2015, at Attachment A, page 1, where Minh
Phu Seafood Corporation stated that the initiated name of ``Minh Phu
Seafood Export Import Corporation (and affiliates Minh Qui Seafood
Co. Ltd. and Minh Phat Seafood Co., Ltd.) and/or Minh Phu Seafood
Export Import Corporation (and affiliates Minh Qui Seafood Co. Ltd.
and Minh Phat Seafood Co., Ltd.) (collectively ``Minh Phu Group'')''
was requested for initiation as such by Petitioners but that ``the
company does not use this combined name.'' Indeed, many of the names
requested for review by Petitioners and ASPA are, in fact, non-
existent combinations of company names.
------------------------------------------------------------------------
Weighted-average
Exporter \10\ margin (percent)
------------------------------------------------------------------------
Minh Phu Group:
Minh Phu Seafood Corp., aka Minh Phu Seafood 2.86
Corporation, aka Minh Qui Seafood Co., Ltd.,
aka Minh Phat Seafood Co., Ltd., aka Minh Phu
Hau Giang Seafood Joint Stock Company..........
Soc Trang Seafood Joint Stock Company, aka Stapimex. 4.78
Bac Lieu Fisheries Joint Stock Company.............. 3.56
C.P. Vietnam Corporation............................ 3.56
Cadovimex Seafood Import-Export and Processing Joint 3.56
Stock Company......................................
Camau Frozen Seafood Processing Import Export 3.56
Corporation, aka Camau Seafood Factory No. 4.......
Can Tho Import Export Fishery Limited Company....... 3.56
Camau Seafood Processing and Service Joint Stock 3.56
Corporation........................................
Cuulong Seaproducts Company......................... 3.56
Gallant Dachan Seafood Co., Ltd..................... 3.56
Green Farms Seafood Joint Stock Company............. 3.56
Hai Viet Corporation................................ 3.56
Investment Commerce Fisheries Corporation........... 3.56
Kim Anh Company Limited, aka Kim Anh Co., Ltd....... 3.56
Minh Hai Export Frozen Seafood Processing Joint- 3.56
Stock Company......................................
Minh Hai Joint-Stock Seafoods Processing Company.... 3.56
Nha Trang Fisheries Joint Stock Company............. 3.56
Nha Trang Seafoods Group:
Nha Trang Seaproduct Company, aka NT Seafoods 3.56
Corporation, aka Nha Trang Seafoods--F89 Joint
Stock Company, aka NTSF Seafoods Joint Stock
Company, aka...................................
Ngoc Tri Seafood Joint Stock Company................ 3.56
[[Page 12704]]
Phuong Nam Foodstuff Corp........................... 3.56
Quang Minh Seafood Co., Ltd......................... 3.56
Quoc Viet Seaproducts Processing Trading and Import- 3.56
Export Co., Ltd....................................
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka 3.56
Saota Seafood Factory..............................
Seaprimexco Vietnam................................. 3.56
Taika Seafood Corporation........................... 3.56
Thong Thuan Company Limited, aka T&T Co., Ltd....... 3.56
Thuan Phuoc Seafoods and Trading Corporation........ 3.56
Trong Nhan Seafood Company Limited.................. 3.56
UTXI Aquatic Products Processing Corporation, aka 3.56
Hoang Phuong Seafood Factory, aka Hoang Phong
Seafood Factory....................................
Viet Foods Co., Ltd................................. 3.56
Vietnam Clean Seafood Corporation................... 3.56
Viet I-Mei Frozen Foods Co., Ltd.................... 3.56
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice. Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs no later than 30 days after the
publication of these preliminary results, and rebuttal comments within
five days after the time limit for filing case briefs. Parties who
submit case briefs or rebuttal briefs are requested to submit with the
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\11\ Rebuttal briefs must be
limited to issues raised in the case briefs.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c) and (d).
\12\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230, at a date and time to be
determined.\13\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date. Interested
parties are invited to comment on the preliminary results of this
review.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, including the results of our analysis of issues
raised in the written comments, within 120 days of publication of these
preliminary results in the Federal Register.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\14\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. For any individually examined respondent whose
weighted average dumping margin is above de minimis (i.e., is 0.50
percent or more) in the final results of this review, 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, in accordance with
19 CFR 351.212(b)(1).\15\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review 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.
For the final results, if we continue to treat the 51 companies
identified above as part of the Vietnam-wide entity, we will instruct
CBP to apply an ad valorem assessment rate of 25.76 percent to all
entries of subject merchandise during the POR which were produced and/
or exported by those companies.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
\15\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in 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 final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the companies
listed above, which have a separate rate, the cash deposit rate will be
that established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for previously investigated or reviewed Vietnam and non-Vietnam
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Vietnam exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the existing rate for the
Vietnam-wide entity of 25.76 percent; and (4) for all non-Vietnam
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the Vietnam
exporter that supplied that non-Vietnam exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
[[Page 12705]]
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Extension of Preliminary Results
4. Respondent Selection
5. Scope of the Order
6. Partial Rescission of Review
7. Preliminary Determination of No Shipments
8. Non-Market Economy Country
9. Separate Rates
10. Separate Rate Calculation
11. Vietnam-Wide Entity
12. Surrogate Country and Surrogate Value Data
a. Surrogate Country
b. Economic Comparability
c. Significant Producers of Comparable Merchandise
d. Data Availability
e. Public Availability and Broad-Market Average
f. Specificity
g. Contemporaneity and Tax and Duty Exclusive
13. Date of Sale
14. Comparisons to Normal Value
a. Determination of Comparison Method
b. Results of the Differential Pricing Analysis
15. U.S. Price
a. Export Price
b. Constructed Export Price
16. Normal Value
a. Exclusion Requests
17. Factor Valuations
18. Currency Conversion
19. Verification
20. Conclusion
Appendix II
Companies Subject to Review Determined To Be Part of the Vietnam-Wide
Entity
1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's
affiliate)
2. Amanda Seafood Co., Ltd.
3. An Giang Coffee JSC
4. Anvifish Joint Stock Co.
5. Asia Food Stuffs Import Export Co., Ltd.
6. B.O.P. Limited Co.
7. Binh An Seafood Joint Stock Company
8. Can Tho Agricultural and Animal Product Import Export Company
(``CATACO'')
Can Tho Agricultural and Animal Products Imex Company
Can Tho Agricultural and Animal Products Import Export Company
(``CATACO'')
Can Tho Agricultural Products
Can Tho Agricultural Products
9. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX)
10. Cau Tre Enterprise (C. T. E.)
11. Cautre Export Goods Processing Joint Stock Company
12. CL Fish Co., Ltd. (Cuu Long Fish Company)
13. Danang Seaproducts Import Export Corporation (``Seaprodex
Danang'')
Danang Seaproducts Import-Export Corporation (``Seaprodex
Danang'') (and its affiliates)
Danang Seaproducts Import-Export Corporation (and its affiliate,
Tho Quang Seafood Processing and Export Company) (collectively
``Seaprodex Danang'')
Seaprodex Danang
Tho Quang Co.
Tho Quang Seafood Processing and Export Company
Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and
Export Company)
14. D & N Foods Processing (Danang Company Ltd.)
15. Duy Dai Corporation
16. Gallant Ocean (Quang Ngai) Co., Ltd.
17. Gn Foods
18. Hai Thanh Food Company Ltd.
19. Hai Vuong Co., Ltd.
20. Han An Trading Service Co., Ltd.
21. Hoang Hai Company Ltd.
22. Hua Heong Food Industries Vietnam Co. Ltd.
23. Huynh Huong Seafood Processing (Huynh Houng Trading and Import
Export Joint Stock Company)
24. Interfood Shareholding Co.
25. Khanh Loi Seafood Factory
26. Kien Long Seafoods Co. Ltd.
27. Luan Vo Fishery Co., Ltd.
28. Minh Chau Imp. Exp. Seafood Processing Co., Ltd.
29. Minh Cuong Seafood Import Export Frozen Processing Joint Stock
Company (``Minh Cuong Seafood'')
30. Mp Consol Co., Ltd.
31. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company
32. Ngoc Sinh
Ngoc Sinh Fisheries
Ngoc Sinh Private Enterprises
Ngoc Sinh Seafood Processing Company
Ngoc Sinh Seafood Trading & Processing Enterprise
Ngoc Sinh Seafoods
33. Phu Cuong Jostoco Corp.
Phu Cuong Jostoco Seafood Corporation
34. Quang Ninh Export Aquatic Products Processing Factory
35. Quang Ninh Seaproducts Factory
36. Quoc Ai Seafood Processing Import Export Co., Ltd.
37. S.R.V. Freight Services Co., Ltd.
38. Sustainable Seafood
39. Tan Thanh Loi Frozen Food Co., Ltd.
40. Thanh Doan Seaproducts Import & Export Processing Joint-Stock
Company (THADIMEXCO)
41. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.
42. Thanh Tri Seafood Processing Co. Ltd.
43. Thinh Hung Co., Ltd.
44. Tien Tien Garment Joint Stock Company
45. Tithi Co., Ltd.
46. Trang Khan Seafood Co., Ltd.
47. Viet Cuong Seafood Processing Import Export Joint-Stock Company
48. Vietnam Fish One Co., Ltd.
Viet Hai Seafood Co., Ltd.
Vietnam Fish-One Co., Ltd. (``Fish One'') (Viet Hai Seafood Co.,
Ltd.)
49. Vietnam Northern Viking Technologies Co. Ltd.
50. Vinatex Danang
51. Vinh Loi Import Export Company (``VIMEX'')
Vinh Loi Import Export Company (``Vimexco'')
[FR Doc. 2016-05406 Filed 3-9-16; 8:45 am]
BILLING CODE 3510-DS-P