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, 39760-39762 [2017-17629]
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39760
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices
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 August 8, 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 eighth 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, 2012, through January 31,
2013. The Department is notifying the
public that the final judgment in this
case is not in harmony with the final
results of the administrative review, and
that the Department is amending the
final results with respect to the labor
surrogate value applied in the
administrative review.
DATES: Applicable August 18, 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:
AGENCY:
Background
sradovich on DSK3GMQ082PROD with NOTICES
On September 24, 2014, the
Department published the AR8 Final
Results, and on November 4, 2014, it
published the AR8 Amended Final
Results.1 In Tri Union I, the CIT granted
our request for a voluntary remand on
the issue of the labor surrogate value.2
In Remand I, the Department
determined that wage rate data from the
Bangladeshi Bureau of Statistics (BBS)
were not aberrational and constituted
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2012–
2013, 79 FR 57047 (September 24, 2014) (AR8 Final
Results), and Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Amended
Final Results of Antidumping Duty Administrative
Review, 2012–2013, 79 FR 65377 (November 4,
2014) (AR8 Amended Final Results).
2 See Tri Union Frozen Prods. Inc. v. United
States, 163 F. Supp. 3d 1255, 1312–13 (CIT 2016)
(Tri Union I).
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the best available information for
valuing labor.3 Subsequently, in the
Remand II Opinion and Order, the CIT
remanded this issue again to the
Department.4
In light of the Court’s Remand II
Opinion and Order, we evaluated the
record evidence and reconsidered our
determination that the Bangladeshi data
are the best available information.
Consequently, we concluded that the
BBS data are not the best available
information on the record with which to
value the respondents’ labor. Instead,
we determined to use Indian data on the
record as a surrogate value for labor.5
In the AR8 Final Results, we
calculated a 9.75 percent weightedaverage margin for Soc Trang Seafood
Joint Stock Company, unchanged in
AR8 Amended Final Results.6 Based on
our change of the labor surrogate value
in Remand II, we calculated a 10.48
percent weighted-average margin for
Soc Trang Seafood Joint Stock
Company.7 We intend to liquidate Soc
Trang Seafood Joint Stock Company’s
enjoined entries of subject merchandise
at the importer-specific assessment rates
revised pursuant to Remand II and
identified within the Draft Remand
Recalculations.
Further, we adjusted the Minh Phu
Group’s final margin from 4.98 percent 8
to 5.48 percent,9 for the sole purpose of
recalculating the separate rate for the
non-individually examined companies
that received a separate rate and are
parties to this litigation; however, there
is no effect to the Minh Phu Group’s
final margin of 4.98 percent in the AR8
Final Results unchanged in AR8
3 See Final Results of Redetermination Pursuant
to Court Remand, dated September 1, 2016
(Remand I) at 5; available at: https://
enforcement.trade.gov/remands/16-33.pdf.
4 See Tri Union Frozen Products Inc., et.al., v.
United States, Court No. 14–00249, Slip Op. 17–71
(June 13, 2017) (Remand II Opinion and Order) at
24–25.
5 See Final Results of Redetermination Pursuant
to Court Remand, dated July 25, 2017 (Remand II)
at 11–12; available at: https://enforcement.trade.gov/
remands/17-71.pdf. See also the petitioner’s
submission re: ‘‘Comments on Surrogate Country
Selection,’’ dated August 30, 2013, and the
petitioner’s submission re: ‘‘Post-Prelim Evidentiary
Submission Regarding Surrogate Country and Value
Selection,’’ dated April 28, 2014 at Exhibit 8. See
also Memorandum to the File, re: ‘‘Draft Remand II
Redetermination—Draft Remand II Recalculations,’’
dated July 5, 2017 (Draft Remand Recalculations).
6 See AR8 Final Results, 79 FR at 57049; see also
AR8 Amended Final Results, 79 FR at 65378.
7 See Memorandum to the File, re: ‘‘Draft Remand
II Redetermination—Draft Remand II
Recalculations,’’ dated July 5, 2017 (Draft Remand
Recalculations) at Attachment 3 and 4.
8 See AR8 Final Results, 79 FR at 57049; see also
AR8 Amended Final Results, 79 FR at 65378.
9 See Draft Remand Recalculations at
Attachments 1 and 2.
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Amended Final Results.10 The
Department recalculated the separate
rate resulting in a weighted-average
dumping margin of 6.94 percent for the
non-individually examined companies
that qualified for a separate rate and are
subject to this litigation.11 We intend to
liquidate these companies’ enjoined
entries of subject merchandise at this
revised rate of 6.94 percent at the
completion of this litigation.
Timken Notice
In its decision in Timken,12 as
clarified by Diamond Sawblades,13 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 II 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 AR8 Amended Final Results. Based
on Remand II, as affirmed by the Court
on August 8, 2017, the revised
weighted-average dumping margin for
Soc Trang Seafood Joint Stock Company
for the period February 1, 2012, through
January 31, 2013, is 10.48 percent. The
margin for the non-individually
examined respondents that received a
separate rate in the AR8 Final Results
and are subject to this litigation is 6.94
percent.
In the event that the CIT’s ruling is
not appealed or, if appealed, is upheld
10 Since the issuance of the AR8 Final Results, the
Department has revoked the antidumping duty
order with respect to the Minh Phu Group.
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. 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).
11 Id., at 3–7, where we provided the separate rate
methodology and recalculation and the list of the
separate rate companies that are subject to this
litigation.
12 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
13 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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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
re-calculated in Remand II for Soc Trang
Seafood Joint Stock Company and the
above-noted 6.94 percent recalculated
separate rate for the non-individually
examined respondents that received a
separate rate in the AR8 Final Results
and are subject to this litigation.
Cash Deposit Requirements
Separate-Rate Companies
Mandatory Respondent
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:
Because there have been subsequent
administrative reviews for Soc Trang
Seafood Joint Stock Company, the cash
deposit rate for Soc Trang Seafood Joint
Stock Company will remain the rate
established in the most recentlycompleted administrative review in
which it received a cash deposit rate of
4.78 percent.14
Cash deposit
rate in effect
(%)
Exporter 15
sradovich on DSK3GMQ082PROD with NOTICES
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.
Cafatex Fishery Joint Stock Corporation, aka Cafatex Corporation, aka Cafatex Corp., aka
Cafatex, aka Taydo Seafood Enterprise, aka Xi Nghiep Che Bien Thuy Suc San Xuat Kau
Cantho.
C.P. Vietnam Corporation, aka C.P. Vietnam Livestock Corporation, aka C.P. Vietnam Livestock
Company Limited, aka C.P. Vietnam.
Camau Seafood Processing and Service Joint-Stock Corporation ...................................................
Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka Cai Doi Vam Seafood Import-Export Company, aka Caidoivam Seafood Company, aka Cadovimex-Vietnam, aka
Cadovimex.
Can Tho Import Export Fishery Limited Company, aka CAFISH ......................................................
Coastal Fisheries Development Corporation, aka COFIDEC, aka Coastal Fisheries Development
Corp., aka Coastal Fisheries Development Co., aka Coastal Fisheries Development.
Cuu Long Seaproducts Company, aka Cuu Long Seaproducts Limited, aka Cuulong Seapro, aka
Cuu Long Seapro.
Danang Seaproducts Import Export Corporation, aka Danang Sea Products Import Export Corporation, aka Tho Quang Seafood Processing & Export Company, aka Tho Quang Seafood
Processing and Export Company, aka Tho Quang, aka Tho Quang Co., aka Seaprodex
Danang.
Gallant Ocean (Vietnam) Co., Ltd ......................................................................................................
Hai Viet Corporation ...........................................................................................................................
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 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, aka Minh Hai Seaproducts Co Ltd.
Nha Trang Fisheries Joint Stock Company, aka Nha Trang Fisco aka Nhatrang Fisheries Joint
Stock Company, aka Nhatrang Fisco, aka Nha Trang Fisheries, Joint Stock.
Nha Trang Seafoods: Nha Trang Seaproducts Company, aka Nha Trang Seafoods, aka NT Seafoods Corporation, aka NT Seafoods, aka Nha Trang Seafoods-F.89 Joint Stock Company, aka
Nha Trang Seafoods-F.89, aka NTSF Seafoods Joint Stock Company, aka NTSF Seafoods.
Phu Cuong Jostoco Seafood Corporation, aka Phu Cuong Seafood Processing and Import-Export
Co., Ltd., aka Phu Cuong Seafood Processing and Import Export Company Limited, aka Phu
Cuong Jostoco Seafood Corp.
Phuong Nam Foodstuff Corp., aka Phuong Nam Co., Ltd ................................................................
Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd ..........................................
14 See 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). Soc Trang Seafood Joint
Stock Company was granted the following ‘‘alsoknown-as’’ (aka) or ‘‘doing-business-as’’ (dba)
names in AR8 Final Results (which were included
in the injunction enjoining liquidation of
suspended entries): 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
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18:00 Aug 21, 2017
Jkt 241001
Export Company (‘‘Stapimex’’), aka Stapmex.
However, many of these names were not granted
separate rate status in AR10 Final Results. Thus, for
liquidation purposes, we will continue to use Soc
Trang Seafood 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.
15 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
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Federal Register notice
4.78
AR10 Final Results.
4.78
AR11 Final Results.16
25.76
AR11 Final Results.
4.78
4.78
AR10 Final Results.
AR11 Final Results.
4.78
25.76
AR10 Final Results.
AR11 Final Results.
4.78
AR10 Final Results.
25.76
AR11 Final Results.
4.78
4.78
4.78
AR11 Final Results.
AR10 Final Results.
AR11 Final Results.
4.78
4.78
4.78
AR11 Final Results.
AR10 Final Results.
AR10 Final Results.
4.78
AR10 Final Results.
4.78
AR11 Final Results.
4.78
AR10 Final Results.
25.76
AR11 Final Results.
4.78
4.78
AR11 Final Results.
AR10 Final Results.
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 in subsequent reviews are valid for
cash deposit purposes.
16 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).
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices
Cash deposit
rate in effect
(%)
Exporter 15
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota
Seafood Factory.
Thong Thuan Company Limited, aka Cong Ty Tnhh Thong Thuan ..................................................
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.
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., aka Fish One ....................................
Viet I-Mei Frozen Foods Co., Ltd .......................................................................................................
There have been no subsequent
administrative reviews completed for
the below-listed non-individually
examined company that qualified for a
separate rate and is subject to this
litigation; thus, the cash deposit rate of
6.94 percent, as recalculated in Remand
II, applies for this exporter.
Exporter
Cash deposit
rate in effect
(%)
BIM Seafood Joint Stock
Company ...........................
6.94
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. 2017–17629 Filed 8–21–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 170706630–7630–01]
sradovich on DSK3GMQ082PROD with NOTICES
RIN 0648–XF538
Fish and Fish Product Import
Provisions of the Marine Mammal
Protection Act List of Foreign
Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
VerDate Sep<11>2014
18:00 Aug 21, 2017
Jkt 241001
NMFS is publishing its draft
List of Foreign Fisheries (LOFF) for
2017, as required by the regulations
implementing the Fish and Fish Product
Import Provisions of the Marine
Mammal Protection Act (MMPA). The
draft LOFF reflects available
information on marine mammal
interactions in commercial fisheries
exporting fish and fish products to the
United States. NMFS has classified each
commercial fishery included in the draft
LOFF into one of two categories based
upon frequency and likelihood of
incidental mortality and serious injury
of marine mammals that is likely to
occur incidental to each fishery.
Fisheries are classified as either exempt
or export. The classification of a fishery
on the draft and final LOFF will
determine which regulatory
requirements will be applicable to that
fishery to enable the nation to receive a
comparability finding necessary to
export fish and fish products to the
United States from that particular
fishery. The draft LOFF can be found at
www.nmfs.noaa.gov/ia/species/marine_
mammals/mmpaloff.html.
DATES: Written comments must be
received by 5 p.m. Eastern Time on
October 23, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0084, by either of the
following methods:
1. Electronic Submissions: Submit all
electronic comments via the Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170084, click the ‘‘Comment Now!’’ icon,
complete the required fields and enter
or attach your comments.
2. Mail: Submit written comments to:
Director, Office of International Affairs
and Seafood Inspection, Attn: MMPA
List of Foreign Fisheries, NMFS, F/IASI,
1315 East-West Highway, Silver Spring,
MD 20910.
SUMMARY:
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Federal Register notice
4.78
AR10 Final Results.
4.78
4.78
AR10 Final Results.
AR10 Final Results.
4.78
AR11 Final Results.
4.78
4.78
4.78
4.78
AR10
AR10
AR11
AR10
Final
Final
Final
Final
Results.
Results.
Results.
Results.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe portable
document file (PDF) formats only.
NMFS will consider all comments
and information received during the
comment period in preparing a final
LOFF. NMFS will also seek input from
nations on the draft LOFF at bilateral
and multilateral meetings, as
appropriate.
FOR FURTHER INFORMATION CONTACT:
Nina Young, NMFS F/IASI at
Nina.Young@noaa.gov or 301–427–
8383.
In August
2016, NMFS published a final rule (81
FR 54390; August 15, 2016)
implementing the fish and fish product
import provisions (section 101(a)(2)) of
the Marine Mammal Protection Act
(MMPA). This rule established
conditions for evaluating a harvesting
nation’s regulatory programs to address
incidental and intentional mortality and
serious injury of marine mammals in
fisheries operated by nations that export
fish and fish products to the United
States.
Under this rule, fish or fish products
cannot be imported into the United
States from commercial fishing
operations, which result in the
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39760-39762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17629]
[[Page 39760]]
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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 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 August 8, 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 eighth 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, 2012, through January 31, 2013. The
Department is notifying the public that the final judgment in this case
is not in harmony with the final results of the administrative review,
and that the Department is amending the final results with respect to
the labor surrogate value applied in the administrative review.
DATES: Applicable August 18, 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 24, 2014, the Department published the AR8 Final
Results, and on November 4, 2014, it published the AR8 Amended Final
Results.\1\ In Tri Union I, the CIT granted our request for a voluntary
remand on the issue of the labor surrogate value.\2\ In Remand I, the
Department determined that wage rate data from the Bangladeshi Bureau
of Statistics (BBS) were not aberrational and constituted the best
available information for valuing labor.\3\ Subsequently, in the Remand
II Opinion and Order, the CIT remanded this issue again to the
Department.\4\
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\1\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2012- 2013, 79 FR 57047 (September 24, 2014)
(AR8 Final Results), and Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Amended Final Results of Antidumping
Duty Administrative Review, 2012-2013, 79 FR 65377 (November 4,
2014) (AR8 Amended Final Results).
\2\ See Tri Union Frozen Prods. Inc. v. United States, 163 F.
Supp. 3d 1255, 1312-13 (CIT 2016) (Tri Union I).
\3\ See Final Results of Redetermination Pursuant to Court
Remand, dated September 1, 2016 (Remand I) at 5; available at:
https://enforcement.trade.gov/remands/16-33.pdf.
\4\ See Tri Union Frozen Products Inc., et.al., v. United
States, Court No. 14-00249, Slip Op. 17-71 (June 13, 2017) (Remand
II Opinion and Order) at 24-25.
---------------------------------------------------------------------------
In light of the Court's Remand II Opinion and Order, we evaluated
the record evidence and reconsidered our determination that the
Bangladeshi data are the best available information. Consequently, we
concluded that the BBS data are not the best available information on
the record with which to value the respondents' labor. Instead, we
determined to use Indian data on the record as a surrogate value for
labor.\5\
---------------------------------------------------------------------------
\5\ See Final Results of Redetermination Pursuant to Court
Remand, dated July 25, 2017 (Remand II) at 11-12; available at:
https://enforcement.trade.gov/remands/17-71.pdf. See also the
petitioner's submission re: ``Comments on Surrogate Country
Selection,'' dated August 30, 2013, and the petitioner's submission
re: ``Post-Prelim Evidentiary Submission Regarding Surrogate Country
and Value Selection,'' dated April 28, 2014 at Exhibit 8. See also
Memorandum to the File, re: ``Draft Remand II Redetermination--Draft
Remand II Recalculations,'' dated July 5, 2017 (Draft Remand
Recalculations).
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In the AR8 Final Results, we calculated a 9.75 percent weighted-
average margin for Soc Trang Seafood Joint Stock Company, unchanged in
AR8 Amended Final Results.\6\ Based on our change of the labor
surrogate value in Remand II, we calculated a 10.48 percent weighted-
average margin for Soc Trang Seafood Joint Stock Company.\7\ We intend
to liquidate Soc Trang Seafood Joint Stock Company's enjoined entries
of subject merchandise at the importer-specific assessment rates
revised pursuant to Remand II and identified within the Draft Remand
Recalculations.
---------------------------------------------------------------------------
\6\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended
Final Results, 79 FR at 65378.
\7\ See Memorandum to the File, re: ``Draft Remand II
Redetermination--Draft Remand II Recalculations,'' dated July 5,
2017 (Draft Remand Recalculations) at Attachment 3 and 4.
---------------------------------------------------------------------------
Further, we adjusted the Minh Phu Group's final margin from 4.98
percent \8\ to 5.48 percent,\9\ for the sole purpose of recalculating
the separate rate for the non-individually examined companies that
received a separate rate and are parties to this litigation; however,
there is no effect to the Minh Phu Group's final margin of 4.98 percent
in the AR8 Final Results unchanged in AR8 Amended Final Results.\10\
The Department recalculated the separate rate resulting in a weighted-
average dumping margin of 6.94 percent for the non-individually
examined companies that qualified for a separate rate and are subject
to this litigation.\11\ We intend to liquidate these companies'
enjoined entries of subject merchandise at this revised rate of 6.94
percent at the completion of this litigation.
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\8\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended
Final Results, 79 FR at 65378.
\9\ See Draft Remand Recalculations at Attachments 1 and 2.
\10\ Since the issuance of the AR8 Final Results, the Department
has revoked the antidumping duty order with respect to the Minh Phu
Group. 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. 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).
\11\ Id., at 3-7, where we provided the separate rate
methodology and recalculation and the list of the separate rate
companies that are subject to this litigation.
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Timken Notice
In its decision in Timken,\12\ as clarified by Diamond
Sawblades,\13\ 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.
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\12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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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 II 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 AR8 Amended Final Results. Based on Remand II, as affirmed
by the Court on August 8, 2017, the revised weighted-average dumping
margin for Soc Trang Seafood Joint Stock Company for the period
February 1, 2012, through January 31, 2013, is 10.48 percent. The
margin for the non-individually examined respondents that received a
separate rate in the AR8 Final Results and are subject to this
litigation is 6.94 percent.
In the event that the CIT's ruling is not appealed or, if appealed,
is upheld
[[Page 39761]]
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 re-calculated in Remand II for Soc Trang
Seafood Joint Stock Company and the above-noted 6.94 percent
recalculated separate rate for the non-individually examined
respondents that received a separate rate in the AR8 Final Results and
are subject to this litigation.
Cash Deposit Requirements
Mandatory Respondent
Because there have been subsequent administrative reviews for Soc
Trang Seafood Joint Stock Company, the cash deposit rate for Soc Trang
Seafood Joint Stock Company will remain the rate established in the
most recently-completed administrative review in which it received a
cash deposit rate of 4.78 percent.\14\
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\14\ See 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). Soc Trang Seafood Joint
Stock Company was granted the following ``also-known-as'' (aka) or
``doing-business-as'' (dba) names in AR8 Final Results (which were
included in the injunction enjoining liquidation of suspended
entries): 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. However, many of these names were not
granted separate rate status in AR10 Final Results. Thus, for
liquidation purposes, we will continue to use Soc Trang Seafood
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.
\15\ 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 in subsequent reviews are valid for cash deposit
purposes.
\16\ 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).
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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:
----------------------------------------------------------------------------------------------------------------
Cash deposit
Exporter \15\ rate in effect Federal Register notice
(%)
----------------------------------------------------------------------------------------------------------------
Camau Frozen Seafood Processing Import Export 4.78 AR10 Final Results.
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.
Cafatex Fishery Joint Stock Corporation, aka 4.78 AR11 Final Results.\16\
Cafatex Corporation, aka Cafatex Corp., aka
Cafatex, aka Taydo Seafood Enterprise, aka Xi
Nghiep Che Bien Thuy Suc San Xuat Kau Cantho.
C.P. Vietnam Corporation, aka C.P. Vietnam 25.76 AR11 Final Results.
Livestock Corporation, aka C.P. Vietnam
Livestock Company Limited, aka C.P. Vietnam.
Camau Seafood Processing and Service Joint- 4.78 AR10 Final Results.
Stock Corporation.
Cadovimex Seafood Import-Export and Processing 4.78 AR11 Final Results.
Joint Stock Company, aka Cai Doi Vam Seafood
Import-Export Company, aka Caidoivam Seafood
Company, aka Cadovimex-Vietnam, aka Cadovimex.
Can Tho Import Export Fishery Limited Company, 4.78 AR10 Final Results.
aka CAFISH.
Coastal Fisheries Development Corporation, aka 25.76 AR11 Final Results.
COFIDEC, aka Coastal Fisheries Development
Corp., aka Coastal Fisheries Development Co.,
aka Coastal Fisheries Development.
Cuu Long Seaproducts Company, aka Cuu Long 4.78 AR10 Final Results.
Seaproducts Limited, aka Cuulong Seapro, aka
Cuu Long Seapro.
Danang Seaproducts Import Export Corporation, 25.76 AR11 Final Results.
aka Danang Sea Products Import Export
Corporation, aka Tho Quang Seafood Processing
& Export Company, aka Tho Quang Seafood
Processing and Export Company, aka Tho Quang,
aka Tho Quang Co., aka Seaprodex Danang.
Gallant Ocean (Vietnam) Co., Ltd.............. 4.78 AR11 Final Results.
Hai Viet Corporation.......................... 4.78 AR10 Final Results.
Investment Commerce Fisheries Corporation, aka 4.78 AR11 Final Results.
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.. 4.78 AR11 Final Results.
Minh Hai Export Frozen Seafood Processing 4.78 AR10 Final Results.
Joint-Stock Company, aka Minh Hai Jostoco.
Minh Hai Joint-Stock Seafoods Processing 4.78 AR10 Final Results.
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, 4.78 AR10 Final Results.
aka Ca Mau Seafood Joint Stock Company, aka
Seaprimexco Vietnam, aka Seaprimexco, aka
Minh Hai Seaproducts Co Ltd.
Nha Trang Fisheries Joint Stock Company, aka 4.78 AR11 Final Results.
Nha Trang Fisco aka Nhatrang Fisheries Joint
Stock Company, aka Nhatrang Fisco, aka Nha
Trang Fisheries, Joint Stock.
Nha Trang Seafoods: Nha Trang Seaproducts 4.78 AR10 Final Results.
Company, aka Nha Trang Seafoods, aka NT
Seafoods Corporation, aka NT Seafoods, aka
Nha Trang Seafoods-F.89 Joint Stock Company,
aka Nha Trang Seafoods-F.89, aka NTSF
Seafoods Joint Stock Company, aka NTSF
Seafoods.
Phu Cuong Jostoco Seafood Corporation, aka Phu 25.76 AR11 Final Results.
Cuong Seafood Processing and Import-Export
Co., Ltd., aka Phu Cuong Seafood Processing
and Import Export Company Limited, aka Phu
Cuong Jostoco Seafood Corp.
Phuong Nam Foodstuff Corp., aka Phuong Nam 4.78 AR11 Final Results.
Co., Ltd.
Quoc Viet Seaproducts Processing Trading and 4.78 AR10 Final Results.
Import-Export Co., Ltd.
[[Page 39762]]
Sao Ta Foods Joint Stock Company, aka Fimex 4.78 AR10 Final Results.
VN, aka Sao Ta Seafood Factory, aka Saota
Seafood Factory.
Thong Thuan Company Limited, aka Cong Ty Tnhh 4.78 AR10 Final Results.
Thong Thuan.
Thuan Phuoc Seafoods and Trading Corporation, 4.78 AR10 Final Results.
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.
UTXI Aquatic Products Processing Corporation, 4.78 AR11 Final Results.
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 4.78 AR10 Final Results.
and Export Company Ltd.
Vietnam Clean Seafood Corporation, aka Vina 4.78 AR10 Final Results.
Cleanfood.
Viet Hai Seafood Co., Ltd., aka Vietnam Fish 4.78 AR11 Final Results.
One Co., Ltd., aka Fish One.
Viet I-Mei Frozen Foods Co., Ltd.............. 4.78 AR10 Final Results.
----------------------------------------------------------------------------------------------------------------
There have been no subsequent administrative reviews completed for
the below-listed non-individually examined company that qualified for a
separate rate and is subject to this litigation; thus, the cash deposit
rate of 6.94 percent, as recalculated in Remand II, applies for this
exporter.
------------------------------------------------------------------------
Cash deposit
Exporter rate in effect
(%)
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BIM Seafood Joint Stock Company......................... 6.94
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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. 2017-17629 Filed 8-21-17; 8:45 am]
BILLING CODE 3510-DS-P