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]

Download as PDF 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. ehiers on DSK5VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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’’). E:\FR\FM\22JYN1.SGM 22JYN1 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 http:// 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 http:// 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. ehiers on DSK5VPTVN1PROD with NOTICES Partial Revocation of the Antidumping Duty Order VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\22JYN1.SGM 22JYN1 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. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22JYN1.SGM 22JYN1

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]


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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\
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    \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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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
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    \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'').
---------------------------------------------------------------------------

    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 http://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 http://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
------------------------------------------------------------------------

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