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, 47758-47759 [2016-17384]
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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Order, in whole, has not been revoked.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.
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
Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices
On April 7, 2016, the Department
published in the Federal Register a
notice of initiation of the eleventh
administrative review of the Order,
covering the period February 1, 2015,
through January 31, 2016.5 On July 6,
2016, VASEP, AHSTAC, and ASPA
timely withdrew their requests for
review with respect to the Minh Phu
Group and requested that the
Department rescind the administrative
review, in part.
Because all parties that requested a
review of the Minh Phu Group have
timely withdrawn their requests, the
Department is rescinding the
administrative review with respect to
the Minh Phu Group for the period
February 1, 2015, through January 31,
2016, pursuant to 19 CFR 351.213(d)(1).
ehiers on DSK5VPTVN1PROD with NOTICES
Compromise of Outstanding Claims
On July 18, 2016, the United States
and Vietnam entered into an Agreement
on the Antidumping Duty Order on
Certain Frozen Warmwater Shrimp from
Vietnam (‘‘Agreement’’) to reach a
mutually satisfactory resolution of the
WTO disputes, United States—Antidumping Measures on Certain Shrimp
from Viet Nam (DS429) and United
States—Anti-dumping Measures on
Certain Shrimp from Viet Nam (DS404),
and to provide for the settlement of
certain litigation, and the compromise
of certain claims arising under the
Order. In conjunction with the
Agreement, on July 18, 2016, the
Department issued its determination
pursuant to section 129 of the Uruguay
Round Agreements Act (‘‘URAA’’)
which has culminated in the revocation
of the Order, in part, with respect to the
Minh Phu Group.6 7 In a July 18, 2016,
requested by AHSTAC; and Minh Phat Seafood,
Minh Phat Seafood Co., Ltd., Minh Phu Seafood
Corp., 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 Phu Seafood Pte, Minh Qui Seafood,
and Minh Qui Seafood Co., Ltd., as requested by
ASPA.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (‘‘AR11 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, Minh Phu Hau
Giang Seafood Corp., Minh Qui Seafood, Minh Qui
Seafood Co., Ltd., 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’’).
6 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, re: ‘‘Final Determination of the
Proceeding under Section 129 of the Uruguay
Round Agreements Act: Antidumping Measures on
Certain Frozen Warmwater Shrimp from the
VerDate Sep<11>2014
15:19 Jul 21, 2016
Jkt 238001
letter, the United States Trade
Representative (‘‘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,
and directed the Department, in
accordance with section 129(b)(4) of the
URAA, to implement this
determination.8
Effective July 18, 2016, the Agreement
compromises the United States’ claims
for certain outstanding duties on
shipments of subject merchandise from
the Minh Phu Group that entered, or
were withdrawn from warehouse, for
consumption during the period
February 1, 2014, through July 17, 2016,
pursuant to section 617 the Tariff Act of
1930, as amended (‘‘the Act’’).9 In
accordance with the terms of the
Agreement, the Department will instruct
United States Customs and Border
Protection (‘‘CBP’’) to liquidate entries
of certain frozen warmwater shrimp
exported by the Minh Phu Group 10 and
imported by Mseafood Corporation
which entered, or were withdrawn from
warehouse, for consumption during the
period February 1, 2014, through July
17, 2016, without regard to antidumping
duties, with the exception of such
entries which entered the United States
during the period February 1, 2016,
through May 3, 2016, which will be
liquidated at the cash deposit rate in
Socialist Republic of Vietnam,’’ dated July 18, 2016
(‘‘129 Final Determination’’).
7 In the 129 Final Determination, the Department
indicated its intent to revoke the following Minh
Phu Group individual company names from the
Order: Minh Phu Seafood Export Import
Corporation (and affiliates Minh Qui Seafood Co.,
Ltd. and Minh Phat Seafood Co., Ltd.), Minh Phu
Seafood Corp., Minh Phu Seafood Corporation,
Minh Phu Seafood Pte, Minh Qui Seafood, Minh
Qui Seafood Co., Ltd., Minh Qui, Minh Phat
Seafood Co., Ltd., Minh Phat, Minh Phu Hau Giang
Seafood Joint Stock Company, Minh Phu Hau Giang
Seafood Co., Ltd., Minh Phat Seafood, Minh Phat
Seafood Corp., Minh Phu Hau Giang Seafood Corp.,
and Minh Phu Hau Giang Seafood Processing Co.,
Ltd.
8 See Letter from USTR, re: ‘‘Request to
Implement Final Determination,’’ dated July 18,
2016.
9 See also Appendix 6 to the Agreement, entitled
‘‘Agreement between DOC, Minh Phu Group,
MSeafood Corporation, AHSTAC, and ASPA.’’
10 The following names will be listed in the CBP
instructions: (1) Minh Phu Seafood Export Import
Corporation (and affiliates Minh Qui Seafood Co.,
Ltd. and Minh Phat Seafood Co., Ltd.), aka (2) Minh
Phu Seafood Corp., aka (3) Minh Phu Seafood
Corporation, aka (4) Minh Phu Seafood Pte, or (5)
Minh Qui Seafood, aka (6) Minh Qui Seafood Co.,
Ltd., aka (7) Minh Qui, or (8) Minh Phat Seafood
Co., Ltd., aka (9) Minh Phat, aka (10) Minh Phat
Seafood, aka (11) Minh Phat Seafood Corp., or (12)
Minh Phu Hau Giang Seafood Joint Stock Company,
aka (13) Minh Phu Hau Giang Seafood Co., Ltd., aka
(14) Minh Phu Hau Giang Seafood Corp., aka (15)
Minh Phu Hau Giang Seafood Processing Co., Ltd.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
47759
effect at the time of entry. Further, the
Department will instruct CBP to
liquidate all other entries of certain
frozen warmwater shrimp exported by
the Minh Phu Group which entered, or
were withdrawn from warehouse, for
consumption during the period
February 1, 2014, through July 17, 2016,
at the cash deposit rate in effect at the
time of entry.
Because there is no further basis for
conducting an administrative review of
the Order with respect to the Minh Phu
Group for the period February 1, 2016,
through January 31, 2017, the
Department does not intend to initiate
an administrative review with respect to
the Minh Phu Group for this period.
This notice is issued and published in
accordance with 19 CFR 351.213(d)(1)
and (4).
Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–17384 Filed 7–21–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE752
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scientific & Statistical Committee to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
DATES: This meeting will be held on
Wednesday, August 10, 2016 beginning
at 9 a.m.
ADDRESSES: The meeting will be held at
the Hilton Garden Inn, Boston Logan,
100 Boardman Street, Boston, MA
02128; phone: (617) 567–6789.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUMMARY:
E:\FR\FM\22JYN1.SGM
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Agencies
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47758-47759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17384]
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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
AGENCY: 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 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ Id., 80 FR at 18202.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\4\ These 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 requested by
AHSTAC; and Minh Phat Seafood, Minh Phat Seafood Co., Ltd., Minh Phu
Seafood Corp., 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 Phu Seafood Pte, Minh Qui Seafood, and Minh Qui Seafood
Co., Ltd., as requested by ASPA.
---------------------------------------------------------------------------
[[Page 47759]]
On April 7, 2016, the Department published in the Federal Register
a notice of initiation of the eleventh administrative review of the
Order, covering the period February 1, 2015, through January 31,
2016.\5\ On July 6, 2016, VASEP, AHSTAC, and ASPA timely withdrew their
requests for review with respect to the Minh Phu Group and requested
that the Department rescind the administrative review, in part.
---------------------------------------------------------------------------
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``AR11
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,
Minh Phu Hau Giang Seafood Corp., Minh Qui Seafood, Minh Qui Seafood
Co., Ltd., 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'').
---------------------------------------------------------------------------
Because all parties that requested a review of the Minh Phu Group
have timely withdrawn their requests, the Department is rescinding the
administrative review with respect to the Minh Phu Group for the period
February 1, 2015, through January 31, 2016, pursuant to 19 CFR
351.213(d)(1).
Compromise of Outstanding Claims
On July 18, 2016, the United States and Vietnam entered into an
Agreement on the Antidumping Duty Order on Certain Frozen Warmwater
Shrimp from Vietnam (``Agreement'') to reach a mutually satisfactory
resolution of the WTO disputes, United States--Anti-dumping Measures on
Certain Shrimp from Viet Nam (DS429) and United States--Anti-dumping
Measures on Certain Shrimp from Viet Nam (DS404), and to provide for
the settlement of certain litigation, and the compromise of certain
claims arising under the Order. In conjunction with the Agreement, on
July 18, 2016, the Department issued its determination pursuant to
section 129 of the Uruguay Round Agreements Act (``URAA'') which has
culminated in the revocation of the Order, in part, with respect to the
Minh Phu Group.6 7 In a July 18, 2016, letter, the United
States Trade Representative (``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, and directed the
Department, in accordance with section 129(b)(4) of the URAA, to
implement this determination.\8\
---------------------------------------------------------------------------
\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, 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'').
\7\ In the 129 Final Determination, the Department indicated its
intent to revoke the following Minh Phu Group individual company
names from the Order: Minh Phu Seafood Export Import Corporation
(and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood
Co., Ltd.), Minh Phu Seafood Corp., Minh Phu Seafood Corporation,
Minh Phu Seafood Pte, Minh Qui Seafood, Minh Qui Seafood Co., Ltd.,
Minh Qui, Minh Phat Seafood Co., Ltd., Minh Phat, Minh Phu Hau Giang
Seafood Joint Stock Company, Minh Phu Hau Giang Seafood Co., Ltd.,
Minh Phat Seafood, Minh Phat Seafood Corp., Minh Phu Hau Giang
Seafood Corp., and Minh Phu Hau Giang Seafood Processing Co., Ltd.
\8\ See Letter from USTR, re: ``Request to Implement Final
Determination,'' dated July 18, 2016.
---------------------------------------------------------------------------
Effective July 18, 2016, the Agreement compromises the United
States' claims for certain outstanding duties on shipments of subject
merchandise from the Minh Phu Group that entered, or were withdrawn
from warehouse, for consumption during the period February 1, 2014,
through July 17, 2016, pursuant to section 617 the Tariff Act of 1930,
as amended (``the Act'').\9\ In accordance with the terms of the
Agreement, the Department will instruct United States Customs and
Border Protection (``CBP'') to liquidate entries of certain frozen
warmwater shrimp exported by the Minh Phu Group \10\ and imported by
Mseafood Corporation which entered, or were withdrawn from warehouse,
for consumption during the period February 1, 2014, through July 17,
2016, without regard to antidumping duties, with the exception of such
entries which entered the United States during the period February 1,
2016, through May 3, 2016, which will be liquidated at the cash deposit
rate in effect at the time of entry. Further, the Department will
instruct CBP to liquidate all other entries of certain frozen warmwater
shrimp exported by the Minh Phu Group which entered, or were withdrawn
from warehouse, for consumption during the period February 1, 2014,
through July 17, 2016, at the cash deposit rate in effect at the time
of entry.
---------------------------------------------------------------------------
\9\ See also Appendix 6 to the Agreement, entitled ``Agreement
between DOC, Minh Phu Group, MSeafood Corporation, AHSTAC, and
ASPA.''
\10\ The following names will be listed in the CBP instructions:
(1) Minh Phu Seafood Export Import Corporation (and affiliates Minh
Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), aka (2) Minh
Phu Seafood Corp., aka (3) Minh Phu Seafood Corporation, aka (4)
Minh Phu Seafood Pte, or (5) Minh Qui Seafood, aka (6) Minh Qui
Seafood Co., Ltd., aka (7) Minh Qui, or (8) Minh Phat Seafood Co.,
Ltd., aka (9) Minh Phat, aka (10) Minh Phat Seafood, aka (11) Minh
Phat Seafood Corp., or (12) Minh Phu Hau Giang Seafood Joint Stock
Company, aka (13) Minh Phu Hau Giang Seafood Co., Ltd., aka (14)
Minh Phu Hau Giang Seafood Corp., aka (15) Minh Phu Hau Giang
Seafood Processing Co., Ltd.
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Because there is no further basis for conducting an administrative
review of the Order with respect to the Minh Phu Group for the period
February 1, 2016, through January 31, 2017, the Department does not
intend to initiate an administrative review with respect to the Minh
Phu Group for this period.
This notice is issued and published in accordance with 19 CFR
351.213(d)(1) and (4).
Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17384 Filed 7-21-16; 8:45 am]
BILLING CODE 3510-DS-P