Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order, 47756-47758 [2016-17383]
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47756
Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices
Weightedaverage
margin
(percent)
Exporter
Producer
Shandong Xingyuan International Trading Co., Ltd .....................
Techking Tires Limited ..................................................................
Techking Tires Limited ..................................................................
Techking Tires Limited ..................................................................
Triangle Tyre Co., Ltd ...................................................................
Wendeng Sanfeng Tyre Co., Ltd ..................................................
Kenda Rubber (China) Co., Ltd./Kenda Global ............................
Qingdao Aonuo Tyre Co., Ltd .......................................................
Xingyuan Tyre Group Co., Ltd ....................................................
Shandong Xingda Tyre Co. Ltd ...................................................
Shandong Xingyuan International Trade Co. Ltd ........................
Shandong Xingyuan Rubber Co. Ltd ..........................................
Triangle Tyre Co., Ltd ..................................................................
Wendeng Sanfeng Tyre Co., Ltd .................................................
Kenda Rubber (China) Co., Ltd ...................................................
Qingdao Aonuo Tyre Co., Ltd .....................................................
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
This notice is issued and published in
accordance with sections 516A(e)(1) and
777(i)(1) of the Act.
Nature of the Proceeding
Section 129 of the Uruguay Rounds
Agreement Act (‘‘URAA’’) 1 allows the
Department to amend, rescind, or
modify a determination found by a
WTO dispute settlement panel or the
Appellate Body to be inconsistent with
U.S. obligations under the Antidumping
Agreement. Specifically, section
129(b)(2) provides that,
‘‘notwithstanding any provision of the
Tariff Act of 1930 . . ., ’’ within 180
days after receipt of a written request
from the U.S. Trade Representative, the
Department shall issue a determination
that would render its actions not
inconsistent with an adverse finding of
a WTO panel or the Appellate Body.2
The Statement of Administrative
Action, URAA, H. Doc. 316, Vol. 1, 103d
Cong. (1994) (‘‘SAA’’), refers variously
to such a determination by the
Department as a ‘‘new,’’ ‘‘second,’’ and
‘‘different’’ determination.3 After
consulting with the Department and the
appropriate congressional committees,
the USTR may direct the Department to
implement, in whole or in part, the new
determinations made under section 129
of the URAA.4 Pursuant to section
129(c) of the URAA, the new
determinations shall apply with respect
to unliquidated entries of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date on
which the USTR directs the Department
to implement the new determinations.5
This determination may be subject to
judicial review separate and apart from
judicial review of the Department’s
original determination.6
Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–17308 Filed 7–21–16; 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 Implementation of
Determination Under Section 129 of
the Uruguay Round Agreements Act
and Partial Revocation of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2016, the
Department of Commerce
(‘‘Department’’) issued its final
determination under a section 129
proceeding regarding the fourth
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) with respect to the Minh
Phu Group. On July 18, 2016, the U.S.
Trade Representative (‘‘USTR’’)
instructed the Department to implement
the 129 Final Determination. As a result,
the Department is now implementing its
determination.
DATES: Effective July 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6905.
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AGENCY:
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Background
At the written request of USTR, the
Department informed interested parties
1 Citation to ‘‘section 129’’ refers to section 129
of the URAA, codified at 19 U.S.C. 3538.
2 See 19 U.S.C. 3538(b)(2).
3 See SAA at 1025, 1027.
4 See 19 U.S.C. 3538(b)(4).
5 See 19 U.S.C. 3538(c).
6 See 19 U.S.C. 1516a(a)(2)(B)(vii).
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13.92
13.92
13.92
13.92
13.92
13.92
13.92
13.92
on May 20, 2016, that it was initiating
a proceeding under section 129 of the
URAA to implement certain findings of
the WTO dispute settlement panel in
United States—Anti-Dumping Measures
on Certain Frozen Warmwater Shrimp
from VietNam (WTO/DS429) (‘‘Panel
Report’’).7 On May 20, 2016, the
Department issued its preliminary
determination in this proceeding 8 in
which the Department recalculated the
weighted-average dumping margin for
the Minh Phu Group 9 from the AR4
Amended Final 10 by eliminating the
denial of offsets for non-dumped sales
On July 6, 2016, the Department
solicited comments from interested
7 See Letter from USTR, re: ‘‘Request to Comply
with WTO Panel Report,’’ dated May 20, 2016. See
also Letter from the Department to All Interested
Parties, re: ‘‘Initiation of DS429,’’ dated May 20,
2016.
8 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, re: ‘‘Preliminary Determination Under
Section 129 of the Uruguay Round Agreements Act:
Antidumping Measures on Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam,’’ dated May 20, 2016 (‘‘129 Preliminary
Determination’’). See also Memorandum to the File,
from Irene Gorelik, Senior Analyst, Office V, re:
‘‘Preliminary Determination Under Section 129 of
the Uruguay Round Agreements Act: Antidumping
Measures on Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam
(‘‘Vietnam’’)’’ (‘‘MPG 129 Prelim Memo’’), dated
May 20, 2016.
9 For purposes of this proceeding, the ‘‘Minh Phu
Group’’ includes the following companies: (1) Minh
Phu Seafood Export Import Corporation (and
affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3)
Minh Phu Seafood Corporation, (4) Minh Phu
Seafood Pte, (5) Minh Qui Seafood, (6) Minh Qui
Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat
Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat
Seafood, (11) Minh Phat Seafood Corp., (12) Minh
Phu Hau Giang Seafood Joint Stock Company, (13)
Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh
Phu Hau Giang Seafood Corp., and (15) Minh Phu
Hau Giang Seafood Processing Co., Ltd. See 129
Final Determination.
10 See Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Final Results and
Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 47771 (August 9,
2010) (‘‘AR4 Final’’) and Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam:
Amended Final Results of Antidumping Duty
Administrative Review, 75 FR 61122 (October 4,
2010) (‘‘AR4 Amended Final’’).
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Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices
parties regarding the Preliminary 129
Determination, and also released the
draft revocation instructions with a
proposed importer and exporter
certification requirement.11 On July 13,
2016, the Minh Phu Group filed
comments regarding the trade names
listed for revocation in the Prelim
Comment Memo at Attachment I.12
Consequently, the Department issued
the 129 Final Determination on July 18,
2016.13
On July 18, 2016, the USTR notified
the Department that, consistent with
section 129(b)(3) of the URAA,
consultations with the Department and
the appropriate congressional
committees with respect to the 129
Final Determination have been
completed. As a result, in accordance
with section 129(b)(4) of the URAA,
USTR directed the Department to
implement this determination.14
Implementation of the 129 Final
Determination
Pursuant to the USTR Implementation
Letter, the 129 Final Determination is
hereby implemented and adopted by
this notice. A list of the issues discussed
in the 129 Final Determination are
attached as an Appendix to this notice.
The 129 Final Determination is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). Access to ACCESS is
available to registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. A complete version of the
memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/download/
section129/full-129-index.html. The
signed 129 Final Determination and the
respective electronic version of the
memorandum are identical in content.
Final Weighted-Average Dumping
Margin
As a result of the above, the AR4
Amended Final recalculated weightedaverage dumping margin for the Minh
Phu Group, unchanged from the
Preliminary 129 Determination, is:
Section 129
results
Producer and exporter
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
Minh
47757
Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), aka
Phu Seafood Corp., aka
Phu Seafood Corporation, aka
Phu Seafood Pte, aka
Qui Seafood, aka
Qui Seafood Co., Ltd., aka
Qui, aka
Phat Seafood Co., Ltd., aka
Phat, aka
Phat Seafood, aka
Phat Seafood Corp., aka
Phu Hau Giang Seafood Joint Stock Company, aka
Phu Hau Giang Seafood Co., Ltd., aka
Phu Hau Giang Seafood Corp., aka
Phu Hau Giang Seafood Processing Co., Ltd
0.00%
Because the Department has recalculated a weighted-average dumping
margin of zero percent for the Minh Phu
Group, which results in three
consecutive years of no dumping, and
the Minh Phu Group has certified 15 that
it will not sell certain frozen warmwater
shrimp in the future at less than fair
value, the Department is revoking the
AD Order with respect to the Minh Phu
Group, for entries made on or after July
18, 2016. The Department’s practice
with respect to revocation of companies
from an antidumping duty order is to
exclude companies in specific producerexporter combinations.16 Accordingly,
the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to liquidate, without regard to
antidumping duties, entries of certain
frozen warmwater shrimp, produced
and exported by the Minh Phu Group 17
which were entered, or withdrawn from
warehouse, for consumption on or after
July 18, 2016. Furthermore, the
Department will instruct CBP to
discontinue the suspension of
11 See Memorandum to the File from Irene
Gorelik, Senior Analyst, Office V, re: ‘‘Schedule for
Comments on the Section 129 Preliminary
Determination and Release of Draft Revocation
Instructions with Importer Certification
Requirement for Comment,’’ dated July 6, 2016
(‘‘Prelim Comment Memo’’).
12 See Letter from the Minh Phu Group, re: ‘‘Minh
Phu Group’s Comments on Draft Revocation
Instructions,’’ dated July 13, 2016.
13 See Memorandum from Christian Marsh to
Paul Piquado, re: ‘‘Final Determination of the
Proceeding under Section 129 of the Uruguay
Round Agreements Act: Antidumping Measures on
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam,’’ dated July 18, 2016
(‘‘129 Final Determination’’).
14 See Letter from USTR, re: ‘‘Request to
Implement Final Determination,’’ dated July 18,
2016 (‘‘USTR Implementation Letter’’).
15 See Memorandum to the File, from Irene
Gorelik, Senior Analyst, re: ‘‘Placing AR4
Documents on the Record of DS429,’’ dated May 20,
2016, at .pdf page 15.
16 See, e.g., Brake Rotors From the People’s
Republic of China: Final Results and Partial
Rescission of the Fifth Antidumping Duty
Administrative Review and Final Results of the
Seventh New Shipper Review, 68 FR 25861 (May 14,
2003) and accompanying Issues and Decision
Memorandum at Comment 1. See also Notice of
Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater
Shrimp From the People’s Republic of China, 69 FR
70997, 71004 (December 8, 2004), where the
Department stated that ‘‘the Department does not
require any cash deposit or posting of a bond for
Zhanjiang Guolian when the subject merchandise is
produced and exported by Zhanjiang Guolian.’’
Subsequently, in the PRC Shrimp Order, the
Department stated that ‘‘pursuant to 735(c)(1)(B) of
the Act, we will instruct CBP to suspend
liquidation of all entries of certain frozen
warmwater shrimp and prawns from the PRC
(except merchandise produced and exported by
Zhanjiang Guolian because this company has a de
minimis margin)’’ (emphasis added). See Notice of
Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp From the People’s
Republic of China, 70 FR 5149, 5152 (February 1,
2005) (‘‘PRC Shrimp Order’’).
17 Revocation for the Minh Phu Group is specific
to merchandise produced and exported by: (1) Minh
Phu Seafood Export Import Corporation (and
affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3)
Minh Phu Seafood Corporation, (4) Minh Phu
Seafood Pte, (5) Minh Qui Seafood, (6) Minh Qui
Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat
Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat
Seafood, (11) Minh Phat Seafood Corp., (12) Minh
Phu Hau Giang Seafood Joint Stock Company, (13)
Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh
Phu Hau Giang Seafood Corp., and (15) Minh Phu
Hau Giang Seafood Processing Co., Ltd.
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Partial Revocation of the Antidumping
Duty Order
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47758
Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices
liquidation and the collection of cash
deposits for estimated antidumping
duties for entries of certain frozen
warmwater shrimp produced and
exported by the Minh Phu Group. The
Department will instruct CBP to
continue to collect cash deposits for
estimated antidumping duties from
other Vietnamese exporters as the AD
Order, in whole, has not been revoked.
Furthermore, the Department will
require the Minh Phu Group and its
importers to participate in a certification
requirement for those entries which are
no longer subject to the AD Order, as
discussed in the 129 Final
Determination.18
This final determination is issued and
published in accordance with section
129(c)(2)(A) of the URAA.
Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Issues in the 129 Final Determination
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Company Names to be
Revoked from the AD Order
IV. Section 129 Final Determination
V. Revocation of the Minh Phu Group
VI. Recommendation
[FR Doc. 2016–17383 Filed 7–21–16; 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: Partial Rescission of
Antidumping Duty Administrative
Reviews (2014–2015; 2015–2016) and
Compromise of Outstanding Claims
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is rescinding, in part,
the antidumping duty administrative
reviews for the antidumping duty order
(‘‘the Order’’) on certain frozen
warmwater shrimp from the Socialist
Republic of Vietnam (‘‘Vietnam’’) for the
periods February 1, 2014, through
January 31, 2015, and February 1, 2015,
through January 31, 2016 with respect to
sales made by the Minh Phu Group.
Further, the Department is
ehiers on DSK5VPTVN1PROD with NOTICES
AGENCY:
18 See 129 Final Determination Memo at 6 and
Appendix.
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compromising its claims for certain
antidumping duties for entries of subject
merchandise exported by the Minh Phu
Group for the period February 1, 2014,
through July 17, 2016.
DATES: Effective July 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6905.
SUPPLEMENTARY INFORMATION:
Rescission of Reviews
Tenth Administrative Review (2014–
2015)
On February 27, 2015, Vietnamese
Association of Shrimp Exporters and
Producers (‘‘VASEP’’), Ad Hoc Shrimp
Trade Action Committee (‘‘AHSTAC’’),
and American Shrimp Processors
Association (‘‘ASPA’’) each requested a
review of the Order for the period
February 1, 2014, through January 31,
2015, with respect to sales made by the
Minh Phu Group.1
On April 3, 2015, the Department
published in the Federal Register a
notice of initiation of the tenth
administrative review of the Order,
covering the period February 1, 2014,
through January 31, 2015.2 On July 6,
2016, VASEP, AHSTAC, and ASPA
withdrew their requests for review with
respect to the Minh Phu Group and
requested that the Department exercise
its authority to extend the 90-day
deadline to withdraw the requests for
review and rescind the administrative
review, in part, under extraordinary
circumstances. In particular, the parties
explained their understanding that
extraordinary circumstances exist
because the withdrawals of review
requests for the Minh Phu Group will
assist the government of the United
1 These requests for review included: Minh Phu
Seafood Corporation (and its affiliates Minh Qui
Seafood Co. Ltd., Minh Phat Seafood Co. Ltd., Minh
Phu Hau Giang, collectively ‘‘Minh Phu Group’’), as
requested by VASEP; Minh Phat Seafood Co., Ltd.,
Minh Phu Hau Giang Seafood Corp., and Minh Phu
Seafood Corp., as requested by AHSTAC; and Minh
Phat Seafood, Minh Phat Seafood Co., Ltd., Minh
Phu Seafood Corp., Minh Phu Seafood Pte, Minh
Qui Seafood, and Minh Qui Seafood Co., Ltd., as
requested by ASPA.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015) (‘‘AR10 Initiation Notice’’).
This initiation notice included, in relevant part:
Minh Phat Seafood, Minh Phat Seafood Co., Ltd.,
Minh Phu Seafood Corp., Minh Phu Seafood Pte,
Minh Phu Seafood Corporation (and its affiliates
Minh Qui Seafood Co. Ltd., Minh Phat Seafood Co.
Ltd., Minh Phu Hau Giang, collectively ‘‘Minh Phu
Group’’), Minh Phu Hau Giang Seafood Corp., Minh
Qui Seafood, and Minh Qui Seafood Co., Ltd.
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States and government of Vietnam in
reaching a mutually satisfactory
resolution with respect to United
States—Anti-dumping Measures of
Certain Shrimp from Viet Nam (DS429)
and United States Anti-dumping
Measures of Certain Shrimp from Viet
Nam (DS404). The parties further
explained their understanding that a
mutually satisfactory resolution of these
disputes was not effectuated within the
90-day deadline, and, but for this
mutually satisfactory resolution, the
parties would not be withdrawing their
request for review of the Minh Phu
Group.
Section 351.213(d)(1) of the
Department’s regulations states that the
Department will rescind an
administrative review if a party
requesting the review withdraws the
request within 90 days of the
publication of the notice of initiation.
Further, 19 CFR 351.213(d)(1) allows
the Department to extend the 90-day
deadline if it considers it reasonable to
do so. In the AR10 Initiation Notice, the
Department stated that a party
requesting an extension of the deadline
must demonstrate that an
‘‘extraordinary circumstance’’ prevented
it from submitting a timely withdrawal
request, and that a determination to
extend the deadline would be made on
a case-by-case basis.3 Although the
parties’ withdrawals of review request
for the tenth administrative review are
past the 90-day deadline, the
Department determines that the parties
have demonstrated that extraordinary
circumstances exist for this segment of
the proceeding, and thus, find it
reasonable to extend the deadline
pursuant to 19 CFR 351.213(d)(1).
Therefore, because all parties that
requested a review of the Minh Phu
Group have withdrawn their requests,
the Department is rescinding the review
with respect to the Minh Phu Group for
the period February 1, 2014, through
January 31, 2015.
Eleventh Administrative Review (2015–
2016)
On February 29, 2016, VASEP,
AHSTAC, and ASPA each requested a
review of the Order for the period
February 1, 2015, through January 31,
2016, with respect to sales made by the
Minh Phu Group.4
3 Id.,
80 FR at 18202.
requests for review included, in relevant
part: Minh Phu Seafood Corporation (and its
affiliates Minh Qui Seafood Co., Ltd., Minh Phu
Hau Giang Seafood Corp and Minh Phat Seafood
Co., Ltd.) (collectively ‘‘Minh Phu Group’’), as
requested by VASEP; Minh Phat Seafood Co., Ltd.,
Minh Phu Hau Giang Seafood Corp., Minh Phu
Seafood Corp., and Minh Qui Seafood Co., Ltd., as
4 These
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]]>Agencies
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47756-47758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17383]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Implementation of Determination Under Section 129 of
the Uruguay Round Agreements Act and Partial Revocation of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2016, the Department of Commerce (``Department'')
issued its final determination under a section 129 proceeding regarding
the fourth administrative review of the antidumping duty order on
certain frozen warmwater shrimp from the Socialist Republic of Vietnam
(``Vietnam'') with respect to the Minh Phu Group. On July 18, 2016, the
U.S. Trade Representative (``USTR'') instructed the Department to
implement the 129 Final Determination. As a result, the Department is
now implementing its determination.
DATES: Effective July 18, 2016.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Nature of the Proceeding
Section 129 of the Uruguay Rounds Agreement Act (``URAA'') \1\
allows the Department to amend, rescind, or modify a determination
found by a WTO dispute settlement panel or the Appellate Body to be
inconsistent with U.S. obligations under the Antidumping Agreement.
Specifically, section 129(b)(2) provides that, ``notwithstanding any
provision of the Tariff Act of 1930 . . ., '' within 180 days after
receipt of a written request from the U.S. Trade Representative, the
Department shall issue a determination that would render its actions
not inconsistent with an adverse finding of a WTO panel or the
Appellate Body.\2\ The Statement of Administrative Action, URAA, H.
Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), refers variously to such
a determination by the Department as a ``new,'' ``second,'' and
``different'' determination.\3\ After consulting with the Department
and the appropriate congressional committees, the USTR may direct the
Department to implement, in whole or in part, the new determinations
made under section 129 of the URAA.\4\ Pursuant to section 129(c) of
the URAA, the new determinations shall apply with respect to
unliquidated entries of the subject merchandise that are entered, or
withdrawn from warehouse, for consumption on or after the date on which
the USTR directs the Department to implement the new determinations.\5\
This determination may be subject to judicial review separate and apart
from judicial review of the Department's original determination.\6\
---------------------------------------------------------------------------
\1\ Citation to ``section 129'' refers to section 129 of the
URAA, codified at 19 U.S.C. 3538.
\2\ See 19 U.S.C. 3538(b)(2).
\3\ See SAA at 1025, 1027.
\4\ See 19 U.S.C. 3538(b)(4).
\5\ See 19 U.S.C. 3538(c).
\6\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
---------------------------------------------------------------------------
Background
At the written request of USTR, the Department informed interested
parties on May 20, 2016, that it was initiating a proceeding under
section 129 of the URAA to implement certain findings of the WTO
dispute settlement panel in United States--Anti-Dumping Measures on
Certain Frozen Warmwater Shrimp from VietNam (WTO/DS429) (``Panel
Report'').\7\ On May 20, 2016, the Department issued its preliminary
determination in this proceeding \8\ in which the Department
recalculated the weighted-average dumping margin for the Minh Phu Group
\9\ from the AR4 Amended Final \10\ by eliminating the denial of
offsets for non-dumped sales
---------------------------------------------------------------------------
\7\ See Letter from USTR, re: ``Request to Comply with WTO Panel
Report,'' dated May 20, 2016. See also Letter from the Department to
All Interested Parties, re: ``Initiation of DS429,'' dated May 20,
2016.
\8\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, re:
``Preliminary Determination Under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam,'' dated May 20, 2016
(``129 Preliminary Determination''). See also Memorandum to the
File, from Irene Gorelik, Senior Analyst, Office V, re:
``Preliminary Determination Under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam (``Vietnam'')'' (``MPG
129 Prelim Memo''), dated May 20, 2016.
\9\ For purposes of this proceeding, the ``Minh Phu Group''
includes the following companies: (1) Minh Phu Seafood Export Import
Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh Phu Seafood
Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui Seafood, (6)
Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat Seafood Co.,
Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh Phat Seafood
Corp., (12) Minh Phu Hau Giang Seafood Joint Stock Company, (13)
Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu Hau Giang
Seafood Corp., and (15) Minh Phu Hau Giang Seafood Processing Co.,
Ltd. See 129 Final Determination.
\10\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010)
(``AR4 Final'') and Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Amended Final Results of Antidumping
Duty Administrative Review, 75 FR 61122 (October 4, 2010) (``AR4
Amended Final'').
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On July 6, 2016, the Department solicited comments from interested
[[Page 47757]]
parties regarding the Preliminary 129 Determination, and also released
the draft revocation instructions with a proposed importer and exporter
certification requirement.\11\ On July 13, 2016, the Minh Phu Group
filed comments regarding the trade names listed for revocation in the
Prelim Comment Memo at Attachment I.\12\ Consequently, the Department
issued the 129 Final Determination on July 18, 2016.\13\
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\11\ See Memorandum to the File from Irene Gorelik, Senior
Analyst, Office V, re: ``Schedule for Comments on the Section 129
Preliminary Determination and Release of Draft Revocation
Instructions with Importer Certification Requirement for Comment,''
dated July 6, 2016 (``Prelim Comment Memo'').
\12\ See Letter from the Minh Phu Group, re: ``Minh Phu Group's
Comments on Draft Revocation Instructions,'' dated July 13, 2016.
\13\ See Memorandum from Christian Marsh to Paul Piquado, re:
``Final Determination of the Proceeding under Section 129 of the
Uruguay Round Agreements Act: Antidumping Measures on Certain Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam,'' dated
July 18, 2016 (``129 Final Determination'').
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On July 18, 2016, the USTR notified the Department that, consistent
with section 129(b)(3) of the URAA, consultations with the Department
and the appropriate congressional committees with respect to the 129
Final Determination have been completed. As a result, in accordance
with section 129(b)(4) of the URAA, USTR directed the Department to
implement this determination.\14\
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\14\ See Letter from USTR, re: ``Request to Implement Final
Determination,'' dated July 18, 2016 (``USTR Implementation
Letter'').
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Implementation of the 129 Final Determination
Pursuant to the USTR Implementation Letter, the 129 Final
Determination is hereby implemented and adopted by this notice. A list
of the issues discussed in the 129 Final Determination are attached as
an Appendix to this notice. The 129 Final Determination is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). Access to ACCESS is available to registered users
at https://access.trade.gov, and is available to all parties in the
Central Records Unit, room B8024 of the main Commerce building. A
complete version of the memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/download/section129/full-129-index.html. The signed 129 Final Determination and the respective
electronic version of the memorandum are identical in content.
Final Weighted-Average Dumping Margin
As a result of the above, the AR4 Amended Final recalculated
weighted-average dumping margin for the Minh Phu Group, unchanged from
the Preliminary 129 Determination, is:
------------------------------------------------------------------------
Section 129
Producer and exporter results
------------------------------------------------------------------------
Minh Phu Seafood Export Import Corporation (and 0.00%
affiliates Minh Qui Seafood Co., Ltd. and Minh Phat
Seafood Co., Ltd.), aka................................
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, aka
Minh Qui Seafood, aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui, aka
Minh Phat Seafood Co., Ltd., aka
Minh Phat, aka
Minh Phat Seafood, aka
Minh Phat Seafood Corp., aka
Minh Phu Hau Giang Seafood Joint Stock Company, aka
Minh Phu Hau Giang Seafood Co., Ltd., aka
Minh Phu Hau Giang Seafood Corp., aka
Minh Phu Hau Giang Seafood Processing Co., Ltd
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Partial Revocation of the Antidumping Duty Order
Because the Department has re-calculated a weighted-average dumping
margin of zero percent for the Minh Phu Group, which results in three
consecutive years of no dumping, and the Minh Phu Group has certified
\15\ that it will not sell certain frozen warmwater shrimp in the
future at less than fair value, the Department is revoking the AD Order
with respect to the Minh Phu Group, for entries made on or after July
18, 2016. The Department's practice with respect to revocation of
companies from an antidumping duty order is to exclude companies in
specific producer-exporter combinations.\16\ Accordingly, the
Department will instruct U.S. Customs and Border Protection (``CBP'')
to liquidate, without regard to antidumping duties, entries of certain
frozen warmwater shrimp, produced and exported by the Minh Phu Group
\17\ which were entered, or withdrawn from warehouse, for consumption
on or after July 18, 2016. Furthermore, the Department will instruct
CBP to discontinue the suspension of
[[Page 47758]]
liquidation and the collection of cash deposits for estimated
antidumping duties for entries of certain frozen warmwater shrimp
produced and exported by the Minh Phu Group. The Department will
instruct CBP to continue to collect cash deposits for estimated
antidumping duties from other Vietnamese exporters as the AD Order, in
whole, has not been revoked. Furthermore, the Department will require
the Minh Phu Group and its importers to participate in a certification
requirement for those entries which are no longer subject to the AD
Order, as discussed in the 129 Final Determination.\18\
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\15\ See Memorandum to the File, from Irene Gorelik, Senior
Analyst, re: ``Placing AR4 Documents on the Record of DS429,'' dated
May 20, 2016, at .pdf page 15.
\16\ See, e.g., Brake Rotors From the People's Republic of
China: Final Results and Partial Rescission of the Fifth Antidumping
Duty Administrative Review and Final Results of the Seventh New
Shipper Review, 68 FR 25861 (May 14, 2003) and accompanying Issues
and Decision Memorandum at Comment 1. See also Notice of Final
Determination of Sales at Less Than Fair Value: Certain Frozen and
Canned Warmwater Shrimp From the People's Republic of China, 69 FR
70997, 71004 (December 8, 2004), where the Department stated that
``the Department does not require any cash deposit or posting of a
bond for Zhanjiang Guolian when the subject merchandise is produced
and exported by Zhanjiang Guolian.'' Subsequently, in the PRC Shrimp
Order, the Department stated that ``pursuant to 735(c)(1)(B) of the
Act, we will instruct CBP to suspend liquidation of all entries of
certain frozen warmwater shrimp and prawns from the PRC (except
merchandise produced and exported by Zhanjiang Guolian because this
company has a de minimis margin)'' (emphasis added). See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the
People's Republic of China, 70 FR 5149, 5152 (February 1, 2005)
(``PRC Shrimp Order'').
\17\ Revocation for the Minh Phu Group is specific to
merchandise produced and exported by: (1) Minh Phu Seafood Export
Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and
Minh Phat Seafood Co., Ltd.), (2) Minh Phu Seafood Corp., (3) Minh
Phu Seafood Corporation, (4) Minh Phu Seafood Pte, (5) Minh Qui
Seafood, (6) Minh Qui Seafood Co., Ltd., (7) Minh Qui, (8) Minh Phat
Seafood Co., Ltd., (9) Minh Phat, (10) Minh Phat Seafood, (11) Minh
Phat Seafood Corp., (12) Minh Phu Hau Giang Seafood Joint Stock
Company, (13) Minh Phu Hau Giang Seafood Co., Ltd., (14) Minh Phu
Hau Giang Seafood Corp., and (15) Minh Phu Hau Giang Seafood
Processing Co., Ltd.
\18\ See 129 Final Determination Memo at 6 and Appendix.
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This final determination is issued and published in accordance with
section 129(c)(2)(A) of the URAA.
Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues in the 129 Final Determination
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Company Names to be Revoked from the AD Order
IV. Section 129 Final Determination
V. Revocation of the Minh Phu Group
VI. Recommendation
[FR Doc. 2016-17383 Filed 7-21-16; 8:45 am]
BILLING CODE 3510-DS-P
