Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results, 39565-39567 [2017-17630]
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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
to facilitate analysis of and the
submission of comments and new
factual information.5
For the reasons stated above, and
because there are no compelling reasons
to deny the request, the Department, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determinations by 50
days (i.e., 190 days after the date on
which these investigations were
initiated). As a result, the Department
will issue its preliminary
determinations no later than October 24,
2017. In accordance with section
735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of publication of the preliminary
determinations, unless postponed at a
later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–17620 Filed 8–18–17; 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 Court Decision Not
in Harmony With Final Results of
Administrative Review and Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 29, 2017, the Court
of International Trade (CIT) issued its
final judgment, sustaining the
Department of Commerce’s (the
Department’s) remand results pertaining
to the ninth administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam)
covering the period of review (POR) of
February 1, 2013, through January 31,
2014. The Department is notifying the
public that the final judgment in this
case is not in harmony with the final
results of the ninth administrative
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
5 Id.
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18:37 Aug 18, 2017
Jkt 241001
review,1 and that the Department is
amending the final results with respect
to the labor surrogate value applied in
the administrative review. The effective
date of this notice is July 9, 2017.
DATES: Applicable July 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2015, the
Department published its Final Results.
In the Final Results, we relied on data
from the Bangladeshi Bureau of
Statistics (BBS) to value the
respondents’ labor consumption.
Subsequently, the CIT remanded this
issue to the Department for further
explanation or reconsideration.2 In the
Remand Redetermination, the
Department reconsidered its
determination and found that the BBS
data are not the best available
information with which to value
respondents’ labor.3 Consequently, the
Department evaluated the alternative
wage rates on the record and
determined that India wage rate data are
the best available information for
valuing labor.
In the Final Results, we calculated a
0.00 percent weighted-average margin
for Sao Ta Foods Joint Stock Company
and a 1.16 percent weighted-average
margin for Thuan Phuoc Seafoods and
Trading Corporation.4 Based on our
change of the labor surrogate value, we
continued to calculate a 0.00 percent
weighted-average margin for Sao Ta
Foods Joint Stock Company and
calculated a 1.42 percent weightedaverage margin for Thuan Phuoc
Seafoods and Trading Corporation.5
1 See
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2013–
2014, 80 FR 55328 (September 15, 2015) (Final
Results).
2 See Ad Hoc Shrimp Trade Action Committee v.
United States, Court No. 15–00279, Slip Op. 17–27
(March 16, 2017) (Remand Opinion and Order) at
24.
3 See Final Results of Redetermination Pursuant
to Court Remand, dated June 6, 2017, at 9 (Remand
Redetermination); available at https://
enforcement.trade.gov/remands/17-27.pdf.
4 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2013–
2014, 80 FR 55328, 55329 (September 15, 2015)
(Final Results).
5 See Memorandum to the File, from Irene
Gorelik, Senior International Trade Compliance
Analyst, Office VIII, re: ‘‘Remand
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Fmt 4703
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39565
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the Federal
Circuit held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (the Act), the Department
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Department determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision.
This notice is published in fulfillment
of the publication requirement of
Timken. Accordingly, the Department
will continue the suspension of
liquidation of the subject merchandise
at issue in the Remand Redetermination
pending expiration of the period to
appeal or, if appealed, a final and
conclusive court decision.
Amended Final Results
Because there is now a final court
decision, the Department is amending
the Final Results. Based on the Remand
Redetermination, as affirmed by the
Court on June 29, 2017, the revised
weighted-average dumping margin for
Thuan Phuoc Seafoods and Trading
Corporation for the period February 1,
2013, through January 31, 2014, is 1.42
percent. As noted above, there was no
change to Sao Ta Foods Joint Stock
Company’s weighted-average margin
from the Final Results; we continued to
calculate a 0.00 percent weightedaverage margin for Sao Ta Foods Joint
Stock Company in the Remand
Redetermination.
Further, for the purpose of
recalculating the sample rate for the
non-individually examined companies
that received a separate rate and are
parties to this litigation,8 we adjusted
the Minh Phu Group’s final margin from
1.39 percent 9 to 1.53 percent; 10
however, there is no effect to the Minh
Phu Group’s final margin of 1.39
Redetermination—Revised Final Results
Calculations,’’ dated May 12, 2017 (Remand
Recalculations).
at Attachments 1–4.
6 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
7 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
8 See Remand Recalculations at 4–6, for the list
of the separate rate companies that are subject to
this litigation; see also Memorandum to the File,
from Irene Gorelik, Senior International Trade
Compliance Analyst, Office VIII, re: ‘‘Final Remand
Redetermination—Revised Final Remand
Recalculations,’’ dated June 15, 2017 (Final Remand
Recalculations) at 4 for the recalculation of the
sample rate for the final remand redetermination.
9 See Final Results, 80 FR at 55329. See also
Remand Recalculations at 4.
10 See Final Remand Recalculations at 3 and
Attachments 1–4.
E:\FR\FM\21AUN1.SGM
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39566
Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
percent in the Final Results.11 In the
Remand Redetermination, the
Department recalculated the sample rate
resulting in a weighted-average
dumping margin of 1.05 percent 12 for
the non-individually examined
companies that qualified for a separate
rate and are subject to this litigation.
In the event that the CIT’s ruling is
not appealed or, if appealed, is upheld
by a final and conclusive court decision,
the Department will instruct U.S.
Customs and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise based on
the importer-specific assessment rates
recalculated in the Remand
Redetermination for Sao Ta Foods Joint
Stock Company and Thuan Phuoc
Seafoods and Trading Corporation and
the above-noted 1.05 percent
recalculated sample rate for the nonindividually examined respondents that
received a separate rate in the Final
Results and are subject to this litigation.
Cash Deposit Requirements
Mandatory Respondents
Because there have been subsequent
administrative reviews for Sao Ta Foods
Joint Stock Company 13 and Thuan
Phuoc Seafoods and Trading
Corporation,14 the cash deposit rate for
these two companies will remain the
rate established in the most recentlycompleted administrative review in
which they received a cash deposit rate
of 4.78 percent.15
Separate-Rate Companies
There have been subsequent
administrative reviews completed for
the below-listed non-individually
examined companies that qualified for a
separate rate and are subject to this
litigation; thus, the cash deposit rate for
these exporters will remain the rate
established in the most recentlycompleted administrative review in
which they received a cash deposit rate.
Cash deposit
rate in effect
(percent)
Exporter 16
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Bac Lieu Fisheries Joint Stock Company, aka Bac Lieu Fisheries Company Limited, aka Bac Lieu Fisheries Co., Ltd., aka Bac Lieu Fisheries Limited Company, aka Bac Lieu Fis.
Camau Frozen Seafood Processing Import Export Corporation, aka Camimex, aka Camau Seafood
Factory No. 4, aka Camau Seafood Factory No. 5, aka Camau Frozen Seafood Processing Import
Export Corp. (CAMIMEX–FAC 25), aka Frozen Factory No. 4.
C.P. Vietnam Corporation, aka C.P. Vietnam Livestock Corporation, aka C.P. Vietnam Livestock Company Limited, aka C.P. Vietnam.
Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka Cai Doi Vam Seafood
Import-Export Company, aka Caidoivam Seafood Company (Cadovimex), aka Cadovimex-Vietnam.
Can Tho Import Export Fishery Limited Company, aka CAFISH ...............................................................
Cuu Long Seaproducts Company, aka Cuulong Seaproducts Company, aka Cuu Long Seaproducts
Limited, aka Cuulong Seapro, aka Cuu Long Seapro..
Gallant Ocean (Vietnam) Co., Ltd. ..............................................................................................................
Gallant Dachan Seafood Co., Ltd. ..............................................................................................................
Hai Viet Corporation, aka HAVICO .............................................................................................................
Investment Commerce Fisheries Corporation, aka Investment Commerce Fisheries Corp., aka Investment Commerce Fisheries, aka Incomfish, aka Incomfish Corp., aka Incomfish Corporation.
Kim Anh Company Limited, aka Kim Anh Co, Ltd ......................................................................................
Minh Cuong Seafood Import Export Frozen Processing Joint Stock Co, aka Minh Cuong Seafood
Import- Export Processing, aka MC Seafood.
Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco ....................
Minh Hai Joint-Stock Seafoods Processing Company, aka Seaprodex Minh Hai, aka Sea Minh Hai, aka
Seaprodex Min Hai, aka Seaprodex Minh Hai-Factory No. 78, aka Seaprodex Minh Hai (Minh Hai
Joint Stock Seafoods Processing Co.), aka Seaprodex Minh Hai Workshop 1, aka Seaprodex Minh
Hai Factory No. 69.
Minh Hai Sea Products Import Export Company, aka Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam, aka Seaprimexco.
Nha Trang Fisheries Joint Stock Company, aka Nha Trang Fisco, aka Nhatrang Fisco, aka Nha Trang
Fisheries, Joint Stock.
11 Since the issuance of the Final Results, the
Department has revoked the antidumping duty
order with respect to the Minh Phu Group. See
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,
81 FR 47756, 47757–47758 (July 22, 2016).
Moreover, the Minh Phu Group is not subject to this
litigation, the original injunction enjoining the
lifting of suspension has been lifted, and the
suspended entries have been liquidated.
Accordingly, our recalculations pertain to the two
remaining mandatory respondents, Sao Ta Foods
Joint Stock Company and Thuan Phuoc Seafoods
and Trading Corporation, and the non-individually
examined companies that received a separate rate
and are subject to this litigation.
12 See Final Remand Recalculations at 4.
13 Sao Ta Foods Joint Stock Company was granted
the following ‘‘also-known-as’’ (aka) or ‘‘doingbusiness-as’’ (dba) names in the Final Results
(which were included in the injunction enjoining
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18:37 Aug 18, 2017
Jkt 241001
liquidation of suspended entries): Sao Ta Foods
Joint Stock Company, aka Fimex VN, aka Sao Ta
Seafood Factory, aka Saota Seafood Factory.
However, many of these names were not granted
separate rate status in Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Administrative
Review, 2014–2015, 81 FR 62717, 62718–62719
(September 12, 2016) (AR10 Final Results). Thus,
for liquidation purposes, we will continue to use
Sao Ta Foods Joint Stock Company’s
aforementioned aka/dba names; but for cash deposit
purposes, only the aka and/or dba names granted
in AR10 Final Results are valid.
14 Thuan Phuoc Seafoods and Trading
Corporation was granted the following aka or dba
names in the Final Results (which were included
in the injunction enjoining liquidation of
suspended entries): Thuan Phuoc Seafoods and
Trading Corporation, aka Thuan Phuoc Corp., aka
Frozen Seafoods Factory No. 32, aka Seafoods and
Foodstuff Factory, aka Seafoods and Foodstuff
Factory Vietnam, aka My Son Seafoods Factory.
However, many of these names were not granted
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Federal Register
notice
4.78
AR10 Final Results.
4.78
AR10 Final Results.
25.76
AR11 Final Results.17
4.78
AR11 Final Results.
4.78
4.78
AR10 Final Results
AR10 Final Results.
4.78
4.78
4.78
4.78
AR11
AR10
AR10
AR11
Final
Final
Final
Final
Results.
Results.
Results.
Results.
4.78
25.76
AR11 Final Results.
AR10 Final Results.
4.78
4.78
AR10 Final Results.
AR10 Final Results.
4.78
AR10 Final Results.
4.78
AR11 Final Results.
separate rate status in AR10 Final Results. Thus, for
liquidation purposes, we will continue to use
Thuan Phuoc Seafoods and Trading Corporation’s
aforementioned aka/dba names; but for cash deposit
purposes, only the aka and/or dba names granted
in AR10 Final Results are valid.
15 See AR10 Final Results, 81 FR at 62718–62719.
16 Many of the aka or dba names subject to the
litigation were not included in subsequent reviews.
Therefore, the aka and/or dba names granted
separate rate status in subsequent reviews
supersede those listed above. The names listed
above are included here as they appear in the
injunctions enjoining liquidation pending
completion of this litigation. Therefore, for
liquidation purposes, we will continue to use the
names above; however, only the aka and/or dba
names granted separate rate status in subsequent
reviews are valid for cash deposit purposes.
17 See Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2015–
2016, 82 FR 11431, 11433 (February 23, 2017)
(AR11 Final Results).
E:\FR\FM\21AUN1.SGM
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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
Cash deposit
rate in effect
(percent)
Exporter 16
Nha Trang Seafoods Group: Nha Trang Seaproduct Company, aka Nha Trang Seafoods, aka NT Seafoods Corporation, aka NT Seafoods, aka Nha Trang Seafoods—F89 Joint Stock Company, aka Nha
Trang Seafoods—F89, aka NTSF Seafoods Joint Stock Company, aka NTSF Seafoods.
Ngoc Tri Seafood Joint Stock Company, aka Ngoc Tri Seafood Company ...............................................
Phuong Nam Foodstuff Corp. aka Phuong Nam Co., Ltd., aka Phuong Nam Foodstuff Product Processing Joint Stock Corporation, aka Phuong Namco-Ltd.
Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd ...................................................
Soc Trang Seafood Joint Stock Company, aka Stapimex, aka Soc Trang Aquatic Products and General Import Export Company, aka Soc Trang Aquatic Products and General Import Export Company
(‘‘Stapimex’’), aka Stapmex.
Tan Phong Phu Seafoods Co., Ltd .............................................................................................................
Thong Thuan Company Limited, aka T&T Co., Ltd ....................................................................................
UTXI Aquatic Products Processing Corporation, aka UT XI Aquatic Products Processing Corporation,
aka UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing Company,
aka UTXI Co. Ltd., aka UTXI, aka UTXICO, aka Hoang Phuong Seafood Factory, aka Hoang Phong
Seafood Factory.
Viet Foods Co., Ltd., aka Nam Hai Foodstuff and Export Company Ltd ...................................................
Vietnam Clean Seafood Corporation, aka Vina Cleanfood .........................................................................
Viet Hai Seafood Co., Ltd., aka Vietnam Fish One Co., Ltd ......................................................................
Viet I-Mei Frozen Foods Co., Ltd ................................................................................................................
There have been no subsequent
administrative reviews completed for
the below-listed non-individually
examined companies that qualified for a
separate rate and are subject to this
litigation; thus, the cash deposit rate of
Federal Register
notice
4.78
AR10 Final Results.
4.78
4.78
AR10 Final Results.
AR11 Final Results.
4.78
4.78
AR10 Final Results.
AR10 Final Results.
25.76
4.78
4.78
AR11 Final Results.
AR10 Final Results.
AR11 Final Results.
4.78
4.78
4.78
4.78
AR10
AR10
AR11
AR10
Final
Final
Final
Final
1.05 percent, as recalculated in the
Remand Redetermination, applies for
these exporters.
Cash deposit
rate in effect
(percent)
Exporter
Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka FAQUIMEX .................................................................
Fine Foods Co., aka FFC ....................................................................................................................................................................
Goldenquality Seafood Corporation ....................................................................................................................................................
Tacvan Frozen Seafood Processing Export Company, aka Tacvan Seafoods Co ............................................................................
Notification to Interested Parties
Dated: August 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–17630 Filed 8–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
asabaliauskas on DSKBBXCHB2PROD with NOTICES
RIN 0648–XF612
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
VerDate Sep<11>2014
18:37 Aug 18, 2017
Jkt 241001
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Scientific and
Statistical Committee (SSC) to review
the Research Track stock assessment
development procedure proposed by the
Southeast Fisheries Science Center
(SEFSC). See SUPPLEMENTARY
INFORMATION.
SUMMARY:
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
The SSC meeting will be held via
webinar on Tuesday, September 5, 2017,
from 9 a.m. to 12 p.m.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Those interested
in participating should contact Mike
Errigo at the Council office (see FOR
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of the webinar.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT:
Mike Errigo; 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone: (843) 571–4366 or toll free (866)
DATES:
PO 00000
Frm 00012
Fmt 4703
Results.
Results.
Results.
Results
Sfmt 4703
1.05
1.05
1.05
1.05
SAFMC–10; fax: (843) 769–4520; email:
mike.errigo@safmc.net.
This
meeting is held to review the Research
Track stock assessment development
procedure proposed by NOAA
Fisheries’ Southeast Fisheries Science
Center. The SSC decided at their April
25–27, 2017 meeting in Charleston, SC,
that the procedure for the Research
Track was unclear and that they needed
a document clearly laying out the
process and approach of the Research
Track before they could provide
detailed comments.
Items to be addressed during this
meeting:
1. Review the proposed Research
Track procedure and provide comments
and recommendations as necessary.
SUPPLEMENTARY INFORMATION:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to the
Council office (see ADDRESSES) at least 5
business days prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
E:\FR\FM\21AUN1.SGM
21AUN1
Agencies
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39565-39567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17630]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 29, 2017, the Court of International Trade (CIT)
issued its final judgment, sustaining the Department of Commerce's (the
Department's) remand results pertaining to the ninth administrative
review of the antidumping duty order on certain frozen warmwater shrimp
from the Socialist Republic of Vietnam (Vietnam) covering the period of
review (POR) of February 1, 2013, through January 31, 2014. The
Department is notifying the public that the final judgment in this case
is not in harmony with the final results of the ninth administrative
review,\1\ and that the Department is amending the final results with
respect to the labor surrogate value applied in the administrative
review. The effective date of this notice is July 9, 2017.
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2013-2014, 80 FR 55328 (September 15, 2015)
(Final Results).
---------------------------------------------------------------------------
DATES: Applicable July 9, 2017.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2015, the Department published its Final Results.
In the Final Results, we relied on data from the Bangladeshi Bureau of
Statistics (BBS) to value the respondents' labor consumption.
Subsequently, the CIT remanded this issue to the Department for further
explanation or reconsideration.\2\ In the Remand Redetermination, the
Department reconsidered its determination and found that the BBS data
are not the best available information with which to value respondents'
labor.\3\ Consequently, the Department evaluated the alternative wage
rates on the record and determined that India wage rate data are the
best available information for valuing labor.
---------------------------------------------------------------------------
\2\ See Ad Hoc Shrimp Trade Action Committee v. United States,
Court No. 15-00279, Slip Op. 17-27 (March 16, 2017) (Remand Opinion
and Order) at 24.
\3\ See Final Results of Redetermination Pursuant to Court
Remand, dated June 6, 2017, at 9 (Remand Redetermination); available
at https://enforcement.trade.gov/remands/17-27.pdf.
---------------------------------------------------------------------------
In the Final Results, we calculated a 0.00 percent weighted-average
margin for Sao Ta Foods Joint Stock Company and a 1.16 percent
weighted-average margin for Thuan Phuoc Seafoods and Trading
Corporation.\4\ Based on our change of the labor surrogate value, we
continued to calculate a 0.00 percent weighted-average margin for Sao
Ta Foods Joint Stock Company and calculated a 1.42 percent weighted-
average margin for Thuan Phuoc Seafoods and Trading Corporation.\5\
---------------------------------------------------------------------------
\4\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2013- 2014, 80 FR 55328, 55329 (September 15,
2015) (Final Results).
\5\ See Memorandum to the File, from Irene Gorelik, Senior
International Trade Compliance Analyst, Office VIII, re: ``Remand
Redetermination--Revised Final Results Calculations,'' dated May 12,
2017 (Remand Recalculations).
at Attachments 1-4.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Federal Circuit held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act), the Department must publish a
notice of a court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision.
---------------------------------------------------------------------------
\6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
This notice is published in fulfillment of the publication
requirement of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise at issue in the
Remand Redetermination pending expiration of the period to appeal or,
if appealed, a final and conclusive court decision.
Amended Final Results
Because there is now a final court decision, the Department is
amending the Final Results. Based on the Remand Redetermination, as
affirmed by the Court on June 29, 2017, the revised weighted-average
dumping margin for Thuan Phuoc Seafoods and Trading Corporation for the
period February 1, 2013, through January 31, 2014, is 1.42 percent. As
noted above, there was no change to Sao Ta Foods Joint Stock Company's
weighted-average margin from the Final Results; we continued to
calculate a 0.00 percent weighted-average margin for Sao Ta Foods Joint
Stock Company in the Remand Redetermination.
Further, for the purpose of recalculating the sample rate for the
non-individually examined companies that received a separate rate and
are parties to this litigation,\8\ we adjusted the Minh Phu Group's
final margin from 1.39 percent \9\ to 1.53 percent; \10\ however, there
is no effect to the Minh Phu Group's final margin of 1.39
[[Page 39566]]
percent in the Final Results.\11\ In the Remand Redetermination, the
Department recalculated the sample rate resulting in a weighted-average
dumping margin of 1.05 percent \12\ for the non-individually examined
companies that qualified for a separate rate and are subject to this
litigation.
---------------------------------------------------------------------------
\8\ See Remand Recalculations at 4-6, for the list of the
separate rate companies that are subject to this litigation; see
also Memorandum to the File, from Irene Gorelik, Senior
International Trade Compliance Analyst, Office VIII, re: ``Final
Remand Redetermination--Revised Final Remand Recalculations,'' dated
June 15, 2017 (Final Remand Recalculations) at 4 for the
recalculation of the sample rate for the final remand
redetermination.
\9\ See Final Results, 80 FR at 55329. See also Remand
Recalculations at 4.
\10\ See Final Remand Recalculations at 3 and Attachments 1-4.
\11\ Since the issuance of the Final Results, the Department has
revoked the antidumping duty order with respect to the Minh Phu
Group. See 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, 81 FR 47756, 47757-47758
(July 22, 2016). Moreover, the Minh Phu Group is not subject to this
litigation, the original injunction enjoining the lifting of
suspension has been lifted, and the suspended entries have been
liquidated. Accordingly, our recalculations pertain to the two
remaining mandatory respondents, Sao Ta Foods Joint Stock Company
and Thuan Phuoc Seafoods and Trading Corporation, and the non-
individually examined companies that received a separate rate and
are subject to this litigation.
\12\ See Final Remand Recalculations at 4.
---------------------------------------------------------------------------
In the event that the CIT's ruling is not appealed or, if appealed,
is upheld by a final and conclusive court decision, the Department will
instruct U.S. Customs and Border Protection to assess antidumping
duties on unliquidated entries of subject merchandise based on the
importer-specific assessment rates recalculated in the Remand
Redetermination for Sao Ta Foods Joint Stock Company and Thuan Phuoc
Seafoods and Trading Corporation and the above-noted 1.05 percent
recalculated sample rate for the non-individually examined respondents
that received a separate rate in the Final Results and are subject to
this litigation.
Cash Deposit Requirements
Mandatory Respondents
Because there have been subsequent administrative reviews for Sao
Ta Foods Joint Stock Company \13\ and Thuan Phuoc Seafoods and Trading
Corporation,\14\ the cash deposit rate for these two companies will
remain the rate established in the most recently-completed
administrative review in which they received a cash deposit rate of
4.78 percent.\15\
---------------------------------------------------------------------------
\13\ Sao Ta Foods Joint Stock Company was granted the following
``also-known-as'' (aka) or ``doing-business-as'' (dba) names in the
Final Results (which were included in the injunction enjoining
liquidation of suspended entries): Sao Ta Foods Joint Stock Company,
aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota Seafood Factory.
However, many of these names were not granted separate rate status
in Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review,
2014-2015, 81 FR 62717, 62718-62719 (September 12, 2016) (AR10 Final
Results). Thus, for liquidation purposes, we will continue to use
Sao Ta Foods Joint Stock Company's aforementioned aka/dba names; but
for cash deposit purposes, only the aka and/or dba names granted in
AR10 Final Results are valid.
\14\ Thuan Phuoc Seafoods and Trading Corporation was granted
the following aka or dba names in the Final Results (which were
included in the injunction enjoining liquidation of suspended
entries): Thuan Phuoc Seafoods and Trading Corporation, aka Thuan
Phuoc Corp., aka Frozen Seafoods Factory No. 32, aka Seafoods and
Foodstuff Factory, aka Seafoods and Foodstuff Factory Vietnam, aka
My Son Seafoods Factory. However, many of these names were not
granted separate rate status in AR10 Final Results. Thus, for
liquidation purposes, we will continue to use Thuan Phuoc Seafoods
and Trading Corporation's aforementioned aka/dba names; but for cash
deposit purposes, only the aka and/or dba names granted in AR10
Final Results are valid.
\15\ See AR10 Final Results, 81 FR at 62718-62719.
---------------------------------------------------------------------------
Separate-Rate Companies
There have been subsequent administrative reviews completed for the
below-listed non-individually examined companies that qualified for a
separate rate and are subject to this litigation; thus, the cash
deposit rate for these exporters will remain the rate established in
the most recently-completed administrative review in which they
received a cash deposit rate.
---------------------------------------------------------------------------
\16\ Many of the aka or dba names subject to the litigation were
not included in subsequent reviews. Therefore, the aka and/or dba
names granted separate rate status in subsequent reviews supersede
those listed above. The names listed above are included here as they
appear in the injunctions enjoining liquidation pending completion
of this litigation. Therefore, for liquidation purposes, we will
continue to use the names above; however, only the aka and/or dba
names granted separate rate status in subsequent reviews are valid
for cash deposit purposes.
\17\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2015-2016, 82 FR 11431, 11433 (February 23,
2017) (AR11 Final Results).
------------------------------------------------------------------------
Cash deposit
Exporter \16\ rate in effect Federal Register notice
(percent)
------------------------------------------------------------------------
Bac Lieu Fisheries Joint 4.78 AR10 Final Results.
Stock Company, aka Bac Lieu
Fisheries Company Limited,
aka Bac Lieu Fisheries Co.,
Ltd., aka Bac Lieu
Fisheries Limited Company,
aka Bac Lieu Fis.
Camau Frozen Seafood 4.78 AR10 Final Results.
Processing Import Export
Corporation, aka Camimex,
aka Camau Seafood Factory
No. 4, aka Camau Seafood
Factory No. 5, aka Camau
Frozen Seafood Processing
Import Export Corp.
(CAMIMEX-FAC 25), aka
Frozen Factory No. 4.
C.P. Vietnam Corporation, 25.76 AR11 Final Results.\17\
aka C.P. Vietnam Livestock
Corporation, aka C.P.
Vietnam Livestock Company
Limited, aka C.P. Vietnam.
Cadovimex Seafood Import- 4.78 AR11 Final Results.
Export and Processing Joint
Stock Company, aka Cai Doi
Vam Seafood Import-Export
Company, aka Caidoivam
Seafood Company
(Cadovimex), aka Cadovimex-
Vietnam.
Can Tho Import Export 4.78 AR10 Final Results
Fishery Limited Company,
aka CAFISH.
Cuu Long Seaproducts 4.78 AR10 Final Results.
Company, aka Cuulong
Seaproducts Company, aka
Cuu Long Seaproducts
Limited, aka Cuulong
Seapro, aka Cuu Long
Seapro..
Gallant Ocean (Vietnam) Co., 4.78 AR11 Final Results.
Ltd..
Gallant Dachan Seafood Co., 4.78 AR10 Final Results.
Ltd..
Hai Viet Corporation, aka 4.78 AR10 Final Results.
HAVICO.
Investment Commerce 4.78 AR11 Final Results.
Fisheries Corporation, aka
Investment Commerce
Fisheries Corp., aka
Investment Commerce
Fisheries, aka Incomfish,
aka Incomfish Corp., aka
Incomfish Corporation.
Kim Anh Company Limited, aka 4.78 AR11 Final Results.
Kim Anh Co, Ltd.
Minh Cuong Seafood Import 25.76 AR10 Final Results.
Export Frozen Processing
Joint Stock Co, aka Minh
Cuong Seafood Import-
Export Processing, aka MC
Seafood.
Minh Hai Export Frozen 4.78 AR10 Final Results.
Seafood Processing Joint-
Stock Company, aka Minh Hai
Jostoco.
Minh Hai Joint-Stock 4.78 AR10 Final Results.
Seafoods Processing
Company, aka Seaprodex Minh
Hai, aka Sea Minh Hai, aka
Seaprodex Min Hai, aka
Seaprodex Minh Hai-Factory
No. 78, aka Seaprodex Minh
Hai (Minh Hai Joint Stock
Seafoods Processing Co.),
aka Seaprodex Minh Hai
Workshop 1, aka Seaprodex
Minh Hai Factory No. 69.
Minh Hai Sea Products Import 4.78 AR10 Final Results.
Export Company, aka Ca Mau
Seafood Joint Stock
Company, aka Seaprimexco
Vietnam, aka Seaprimexco.
Nha Trang Fisheries Joint 4.78 AR11 Final Results.
Stock Company, aka Nha
Trang Fisco, aka Nhatrang
Fisco, aka Nha Trang
Fisheries, Joint Stock.
[[Page 39567]]
Nha Trang Seafoods Group: 4.78 AR10 Final Results.
Nha Trang Seaproduct
Company, aka Nha Trang
Seafoods, aka NT Seafoods
Corporation, aka NT
Seafoods, aka Nha Trang
Seafoods--F89 Joint Stock
Company, aka Nha Trang
Seafoods--F89, aka NTSF
Seafoods Joint Stock
Company, aka NTSF Seafoods.
Ngoc Tri Seafood Joint Stock 4.78 AR10 Final Results.
Company, aka Ngoc Tri
Seafood Company.
Phuong Nam Foodstuff Corp. 4.78 AR11 Final Results.
aka Phuong Nam Co., Ltd.,
aka Phuong Nam Foodstuff
Product Processing Joint
Stock Corporation, aka
Phuong Namco-Ltd.
Quoc Viet Seaproducts 4.78 AR10 Final Results.
Processing Trading and
Import-Export Co., Ltd.
Soc Trang Seafood Joint 4.78 AR10 Final Results.
Stock Company, aka
Stapimex, aka Soc Trang
Aquatic Products and
General Import Export
Company, aka Soc Trang
Aquatic Products and
General Import Export
Company (``Stapimex''), aka
Stapmex.
Tan Phong Phu Seafoods Co., 25.76 AR11 Final Results.
Ltd.
Thong Thuan Company Limited, 4.78 AR10 Final Results.
aka T&T Co., Ltd.
UTXI Aquatic Products 4.78 AR11 Final Results.
Processing Corporation, aka
UT XI Aquatic Products
Processing Corporation, aka
UTXI Aquatic Products
Processing Company, aka UT
XI Aquatic Products
Processing Company, aka
UTXI Co. Ltd., aka UTXI,
aka UTXICO, aka Hoang
Phuong Seafood Factory, aka
Hoang Phong Seafood Factory.
Viet Foods Co., Ltd., aka 4.78 AR10 Final Results.
Nam Hai Foodstuff and
Export Company Ltd.
Vietnam Clean Seafood 4.78 AR10 Final Results.
Corporation, aka Vina
Cleanfood.
Viet Hai Seafood Co., Ltd., 4.78 AR11 Final Results.
aka Vietnam Fish One Co.,
Ltd.
Viet I-Mei Frozen Foods Co., 4.78 AR10 Final Results
Ltd.
------------------------------------------------------------------------
There have been no subsequent administrative reviews completed for
the below-listed non-individually examined companies that qualified for
a separate rate and are subject to this litigation; thus, the cash
deposit rate of 1.05 percent, as recalculated in the Remand
Redetermination, applies for these exporters.
------------------------------------------------------------------------
Cash deposit
Exporter rate in effect
(percent)
------------------------------------------------------------------------
Bentre Forestry and Aquaproduct Import-Export Joint 1.05
Stock Company, aka FAQUIMEX............................
Fine Foods Co., aka FFC................................. 1.05
Goldenquality Seafood Corporation....................... 1.05
Tacvan Frozen Seafood Processing Export Company, aka 1.05
Tacvan Seafoods Co.....................................
------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: August 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-17630 Filed 8-18-17; 8:45 am]
BILLING CODE 3510-DS-P