Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 10673-10676 [2018-04901]
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices
beveled or rounded at the edges. Steel
products that meet the noted physical
characteristics that are painted,
varnished, or coated with plastic or
other non-metallic substances are
included within the scope. Also,
specifically included in the scope of the
orders are high strength, low alloy
(HSLA) steels. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum.
Steel products included in the scope,
regardless of Harmonized Tariff
Schedule of the United States (HTSUS)
definitions, are products in which: (1)
Iron predominates, by weight, over each
of the other contained elements, (2) the
carbon content is two percent or less, by
weight, and (3) none of the elements
listed below is equal to or exceeds the
quantity, by weight, respectively
indicated: 1.80 percent of manganese, or
1.50 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15
percent zirconium. All products that
meet the written physical description,
and in which the chemistry quantities
do not equal or exceed any one of the
levels listed above, are within the scope
of the orders unless otherwise
specifically excluded.
The following products are
specifically excluded from the orders:
(1) Products clad, plated, or coated with
metal, whether or not painted,
varnished or coated with plastic or other
non-metallic substances; (2) SAE grades
(formerly AISI grades) of series 2300
and above; (3) products made to ASTM
A710 and A736 or their proprietary
equivalents; (4) abrasion-resistant steels
(i.e., USS AR 400, USS AR 500); (5)
products made to ASTM A202, A225,
A514 grade S, A517 grade S, or their
proprietary equivalents; (6) ball bearing
steels; (7) tool steels; and (8) silicon
manganese steel or silicon electric steel.
Imports of steel plate are currently
classified in the HTSUS under
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000,
7225.40.3050, 7225.40.7000,
7225.50.6000, 7225.99.0090,
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7226.91.5000, 7226.91.7000,
7226.91.8000, and 7226.99.0000. The
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the merchandise
covered by the orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD and CVD orders would likely
lead to continuation or recurrence of
dumping and countervailable subsidies
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the AD and CVD orders
on CTL plate from India, Indonesia, and
Korea.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of
continuation of these orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year reviews of these orders not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: March 6, 2018.
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. 2018–04846 Filed 3–9–18; 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: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain frozen warmwater shrimp
(shrimp) from the Socialist Republic of
AGENCY:
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10673
Vietnam (Vietnam) is being, or is likely
to be, sold in the United States at less
than normal value during the period of
review (POR) February 1, 2016, through
January 31, 2017.
DATES: Applicable March 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
Background
Commerce exercised its discretion to
toll deadlines affected by the closure of
the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary results of this review is
now March 5, 2018.1
Scope of the Order
The merchandise subject to the Order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description, available in the
Preliminary Decision Memorandum,
remains dispositive.2
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
1 See Memorandum for the Record from Christian
Marsh, Deputy Assistant Secretary for Enforcement
and Compliance, performing the non-exclusive
functions and duties of the Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
by the Shutdown of the Federal Government’’
(Tolling Memorandum), dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
2 For a complete description of the Scope of the
Order, see Memorandum to Gary Taverman, Deputy
Assistant Secretary for Enforcement and
Compliance, from James Maeder, Senior Director for
Antidumping and Countervailing Duty Operations,
titled ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam; 2016–2017,’’
dated concurrently with, and adopted by, this
notice (Preliminary Decision Memorandum).
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Act). Export prices were calculated in
accordance with section 772 of the Act.
Because Vietnam is a non-market
economy within the meaning of section
771(18) of the Act, NV was calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via the Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by a number of companies, we
preliminarily determine that 11
companies 3 under active review did not
have any reviewable transactions during
the POR. In addition, Commerce finds,
consistent with its refinement to its
assessment practice in non-market
economy cases, that it is appropriate not
to rescind the review in part in these
circumstances, but to complete the
review with respect to these 11
companies and issue appropriate
instructions to CBP based on the final
results of the review.4 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
Commerce finds that 30 companies
for which a review was requested have
not established eligibility for a separate
rate and are considered to be part of the
Vietnam-wide entity for these
preliminary results.5 Commerce’s
change in policy regarding conditional
review of the Vietnam-wide entity
applies to this administrative review.6
Under this policy, the Vietnam-wide
entity will not be under review unless
a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the Vietnam-wide entity, the
entity is not under review and the
entity’s rate is not subject to change. For
companies for which a review was
requested and that have established
eligibility for a separate rate, Commerce
preliminarily determines that the
following weighted-average dumping
margins exist:
Weightedaverage
margin
(percent)
Exporter 7
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Fimex VN .......................................................................................................................................................................................
Au Vung Two Seafood Processing Import & Export Joint Stock Company, aka AU VUNG TWO SEAFOOD ...........................
Bac Lieu Fisheries Joint Stock Company .....................................................................................................................................
Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka FAQUIMEX, aka Bentre Forestry and
Aquaproduct Import-Export Joint Stock Company (FAQUIMEX) ..............................................................................................
C.P. Vietnam Corporation ..............................................................................................................................................................
Cadovimex Seafood Import-Export and Processing Joint Stock Company ..................................................................................
Camau Frozen Seafood Processing Import Export Corporation, aka Camimex ..........................................................................
Camau Seafood Processing and Service Joint Stock Corporation, aka Camau Seafood Processing and Service Joint-Stock
Corporation, aka CASES ...........................................................................................................................................................
Can Tho Import Export Fishery Limited Company, aka CAFISH .................................................................................................
Cuulong Seaproducts Company, aka Cuulong Seapro ................................................................................................................
Fine Foods Co, aka Fine Foods Co (FFC) ...................................................................................................................................
Green Farms Seafood Joint Stock Company ...............................................................................................................................
Hai Viet Corporation, aka HAVICO ...............................................................................................................................................
Investment Commerce Fisheries Corporation ...............................................................................................................................
Khanh Sung Company, Ltd ...........................................................................................................................................................
Kim Anh Company Limited ............................................................................................................................................................
Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco ......................................................
Sea Minh Hai, aka Seaprodex Minh Hai .......................................................................................................................................
Ngoc Tri Seafood Joint Stock Company .......................................................................................................................................
Nha Trang Seaproduct Company, aka NT Seafoods Corporation, aka Nha Trang Seafoods—F89 Joint Stock Company, aka
NTSF Seafoods Joint Stock Company ......................................................................................................................................
Phuong Nam Foodstuff Corp. ........................................................................................................................................................
Seaprimexco Vietnam, aka Seaprimexco .....................................................................................................................................
Taika Seafood Corporation ............................................................................................................................................................
Tan Phong Phu Seafood Co., Ltd .................................................................................................................................................
Thanh Doan Sea Products Import & Export Processing Joint-Stock Company, aka THADIMEXCO ..........................................
Thong Thuan—Cam Ranh Seafood Joint Stock Company ..........................................................................................................
3 These 11 companies are: (1) Au Vung One
Seafood Processing Import & Export Joint Stock
Company; (2) Bien Dong Seafood Co., Ltd.; (3) BIM
Seafood Joint Stock Company; (4) Cafatex
Corporation and its claimed aka names (a) Taydo
Seafood Enterprise and (b) Xi Nghiep Che Bien
Thuy Sue San Xuat Cantho; (5) Cam Ranh Seafoods;
(6) Ngo Bros, also initiated as, Ngo Bros
Seaproducts Import-Export One Member Company
Limited, and NGO BROS Seaproducts ImportExport One Member Company Limited; (7) Quang
Minh Seafood Co., Ltd., also initiated as Quang
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Minh Seafood Co LTD; (8) Tacvan Frozen Seafood
Processing Export Company, also initiated as
Tacvan Seafoods Company, Tacvan Seafoods
Company (‘‘TACVAN’’), and Tacvan Seafoods
Company (TACVAN); (9) Thong Thuan Seafood
Company Limited; (10) Trong Nhan Seafood
Company Limited, also initiated as Trong Nhan
Seafood Co., Ltd. (‘‘Trong Nhan’’); and (11) Vinh
Hoan Corp.
4 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
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FR 65694 (October 24, 2011) (Assessment Notice);
see also ‘‘Assessment Rates’’ section below.
5 See Appendix II for a full list of the 30
companies (accounting for duplicate names
initiated upon); see also Preliminary Decision
Memorandum, at 13.
6 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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Weightedaverage
margin
(percent)
Exporter 7
Thong Thuan Company Limited ....................................................................................................................................................
Thuan Phuoc Seafoods and Trading Corporation ........................................................................................................................
Trung Son Seafood Processing Joint Stock Company, aka Trung Son Seafood Processing JSC .............................................
UTXI Aquatic Products Processing Corporation ...........................................................................................................................
Viet Foods Co., Ltd ........................................................................................................................................................................
Vietnam Fish One Co., Ltd ............................................................................................................................................................
Vietnam Clean Seafood Corporation, aka Vina Cleanfood, aka Viet Nam Clean Seafood Corporation .....................................
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Disclosure and Public Comment
Commerce will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice.
Commerce intends to verify the
information upon which we will rely for
the final results. As such, Commerce
will establish the briefing schedule at a
later time, and will notify parties of the
schedule in accordance with 19 CFR
351.309. Parties who submit case briefs
or rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.8
Rebuttal briefs must be limited to issues
raised in the case briefs.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.10 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised in the written comments,
7 Due to the issues Commerce had had in
previous segments with variations of exporter
names related to this Order, we remind exporters
that the names listed in the rate box are the exact
names, including spelling and punctuation which
Commerce will provide to CBP and which CBP will
use to assess POR entries and collect cash deposits.
Any names with punctuation variations, such as all
capitalizations, dashes, periods, or commas can be
confirmed by Commerce in the event CBP inquires
about such variations.
8 See 19 CFR 351.309(c) and (d).
9 See 19 CFR 351.309(d)(2).
10 See 19 CFR 351.310(d).
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within 120 days of publication of these
preliminary results in the Federal
Register, unless this deadline extended.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., is 0.50
percent or more) in the final results of
this review, Commerce will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales to the total entered
value of sales, in accordance with 19
CFR 351.212(b)(1).12 We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the respondents that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, the assessment rate
will be equal to the weighted-average
dumping margin assigned to Fimex VN
in the final results of this review.13
11 See
19 CFR 351.212(b).
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
13 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying Preliminary Decision Memorandum
12 In
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For entries that were not reported in
the U.S. sales database submitted by
Fimex VN during this review,
Commerce will instruct CBP to liquidate
such entries at the Vietnam-wide rate. In
addition, if we continue to find no
shipments for the companies identified
in the ‘‘Preliminary Determination of No
Shipments’’ section above, Commerce
will instruct CBP to liquidate any
suspended entries of subject
merchandise from those companies at
the Vietnam-wide rate.14
For the final results, if we continue to
treat the 30 companies identified in
Appendix II as part of the Vietnam-wide
entity, we will instruct CBP to apply an
ad valorem assessment rate of 25.76
percent to all entries of subject
merchandise during the POR which
were produced and/or exported by those
companies.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from Vietnam
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
the companies listed above, which have
a separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed Vietnam and
non-Vietnam exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
at 10–11; unchanged in Drawn Stainless Steel Sinks
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
14 For a full discussion of this practice, see NME
AD Assessment.
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deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnam exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the existing rate for
the Vietnam-wide entity of 25.76
percent; and (4) for all non-Vietnam
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnam exporter that
supplied that non-Vietnam exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: March 5, 2018.
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.
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Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Preliminary Determination of No
Shipments
B. Non-Market Economy Country
1. Separate Rates
2. Vietnam-Wide Entity
C. Surrogate Country and Surrogate Values
1. Economic Comparability
2. Significant Producers of Comparable
Merchandise
3. Data Availability
D. Date of Sale
E. Fair Value Comparisons
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
F. Export Price
G. Normal Value
H. Factor Valuation Methodology
V. Currency Conversion
VI. Conclusion
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Appendix II—Companies Subject to
Review Determined To Be Part of the
Vietnam-Wide Entity
1. Amanda Seafood Co., Ltd.
2. Asia Food Stuffs Import Export Co., Ltd.
3. Binh Thuan Import—Export Joint Stock
Company (THAIMEX)
4. B.O.P. Limited Co.
5. Coastal Fisheries Development
Corporation (‘‘COFIDEC’’)
6. CJ Freshway (FIDES Food System Co.,
Ltd.)
7. Dong Hai Seafood Limited Company
8. Duc Cuong Seafood Trading Co., Ltd.
9. Frozen Seafoods Factory No. 32 (Tho
Quang Seafood Processing and Export
Company)
10. Gallant Dachan Seafood Co., Ltd.
11. Gallant Ocean (Vietnam) Co. Ltd., also
initiated under Gallant Ocean (Viet Nam)
Co., Ltd. (‘‘Gallant Ocean Vietnam’’)
12. Hanh An Trading Service Co., Ltd.
13. Hoang Phuong Seafood Factory
14. Huynh Huong Seafood Processing
15. JK Fish Co., Ltd.
16. Khai Minh Trading Investment
Corporation
17. Long Toan Frozen Aquatic Products Joint
Stock Company
18. Minh Cuong Seafood Import-Export
Processing (‘‘MC Seafood’’)
19. Minh Phu Seafood Corporation (only as
producer or exporter) 15
20. Nam Hai Foodstuff and Export Company
Ltd
21. New Wind Seafood Co., Ltd.
22. Nha Trang Fisheries Joint Stock Company
(‘‘Nha Trang Fisco’’), also initiated under
Nha Trang Fisheries Joint Stock
Company
23. Nhat Duc Co., Ltd.
24. Phu Cuong Jostoco Seafood Corporation
25. Quoc Ai Seafood Processing Import
Export Co., Ltd.
26. Saigon Food Joint Stock Company
27. Tan Thanh Loi Frozen Food Co., Ltd.
28. Thinh Hung Co., Ltd.
29. Trang Khan Seafood Co., Ltd.
30. Xi Nghiep Che Bien Thuy Suc San Xuat
15 Minh Phu Seafood Corporation is part of the
Vietnam-Wide entity only in the event that it is
identified on U.S. entry documentation or
commercial documents as either producer or
exporter. In the event that Minh Phu Seafood
Corporation is identified on U.S. entry
documentation and commercial documents as both
producer and exporter, its entries are not subject to
the AD Order and should not be suspended. 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 (Minh Phu Revocation) (July
22, 2016), where we stated that we ‘‘will instruct
U.S. Customs and Border Protection (‘‘CBP’’) to
liquidate, without regard to antidumping duties,
entries of certain frozen warmwater shrimp,
produced and exported by the Minh Phu Group.’’
Because Minh Phu Seafood Corporation is one of
the trade names included in the Minh Phu
Revocation, any entries of subject merchandise
produced and exported by Minh Phu Seafood
Corporation, or any other trade name combination
of the companies within the group which was
revoked from the AD Order, are not subject to the
AD Order.
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Kau Cantho
[FR Doc. 2018–04901 Filed 3–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–864]
Pure Magnesium in Granular Form
From the People’s Republic of China:
Continuation of the Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations
by the Department of Commerce
(Commerce) and the International Trade
Commission (ITC) that revocation of the
antidumping duty (AD) order on pure
magnesium in granular form from the
People’s Republic of China (China)
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, Commerce is publishing this
notice of continuation of the AD order.
DATES: Applicable March 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Degreenia, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 432–6430
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 19, 2001, Commerce
published the AD order on pure
magnesium in granular form from
China.1 On September 6, 2017,
Commerce published the notice of
initiation of the third sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 As a result of its review,
Commerce determined that revocation
of the Order would likely lead to
continuation or recurrence of dumping.3
Commerce, therefore, notified the ITC of
the magnitude of the dumping margins
likely to prevail should the Order be
revoked. On March 5, 2018, the ITC
published its determination that
revocation of the Order would likely
1 See Antidumping Duty Order: Pure Magnesium
in Granular Form from the People’s Republic of
China, 66 FR 57936 (November 19, 2001) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 82
FR 42073 (September 6, 2017).
3 See Pure Magnesium in Granular Form from the
People’s Republic of China: Final Results of
Expedited Third Sunset Review of the Antidumping
Duty Order, 83 FR 1017 (January 9, 2018), and
accompanying Issues and Decision Memorandum.
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10673-10676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04901]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain frozen warmwater shrimp (shrimp) from the Socialist
Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the
United States at less than normal value during the period of review
(POR) February 1, 2016, through January 31, 2017.
DATES: Applicable March 12, 2018.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
Commerce exercised its discretion to toll deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the preliminary results of this review is now
March 5, 2018.\1\
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\1\ See Memorandum for the Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
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Scope of the Order
The merchandise subject to the Order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description, available in the Preliminary
Decision Memorandum, remains dispositive.\2\
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\2\ For a complete description of the Scope of the Order, see
Memorandum to Gary Taverman, Deputy Assistant Secretary for
Enforcement and Compliance, from James Maeder, Senior Director for
Antidumping and Countervailing Duty Operations, titled ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam; 2016-2017,'' dated concurrently with,
and adopted by, this notice (Preliminary Decision Memorandum).
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the
[[Page 10674]]
Act). Export prices were calculated in accordance with section 772 of
the Act. Because Vietnam is a non-market economy within the meaning of
section 771(18) of the Act, NV was calculated in accordance with
section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via the Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov and in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by a number of companies, we
preliminarily determine that 11 companies \3\ under active review did
not have any reviewable transactions during the POR. In addition,
Commerce finds, consistent with its refinement to its assessment
practice in non-market economy cases, that it is appropriate not to
rescind the review in part in these circumstances, but to complete the
review with respect to these 11 companies and issue appropriate
instructions to CBP based on the final results of the review.\4\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\3\ These 11 companies are: (1) Au Vung One Seafood Processing
Import & Export Joint Stock Company; (2) Bien Dong Seafood Co.,
Ltd.; (3) BIM Seafood Joint Stock Company; (4) Cafatex Corporation
and its claimed aka names (a) Taydo Seafood Enterprise and (b) Xi
Nghiep Che Bien Thuy Sue San Xuat Cantho; (5) Cam Ranh Seafoods; (6)
Ngo Bros, also initiated as, Ngo Bros Seaproducts Import-Export One
Member Company Limited, and NGO BROS Seaproducts Import- Export One
Member Company Limited; (7) Quang Minh Seafood Co., Ltd., also
initiated as Quang Minh Seafood Co LTD; (8) Tacvan Frozen Seafood
Processing Export Company, also initiated as Tacvan Seafoods
Company, Tacvan Seafoods Company (``TACVAN''), and Tacvan Seafoods
Company (TACVAN); (9) Thong Thuan Seafood Company Limited; (10)
Trong Nhan Seafood Company Limited, also initiated as Trong Nhan
Seafood Co., Ltd. (``Trong Nhan''); and (11) Vinh Hoan Corp.
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section below.
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Preliminary Results of Review
Commerce finds that 30 companies for which a review was requested
have not established eligibility for a separate rate and are considered
to be part of the Vietnam-wide entity for these preliminary results.\5\
Commerce's change in policy regarding conditional review of the
Vietnam-wide entity applies to this administrative review.\6\ Under
this policy, the Vietnam-wide entity will not be under review unless a
party specifically requests, or Commerce self-initiates, a review of
the entity. Because no party requested a review of the Vietnam-wide
entity, the entity is not under review and the entity's rate is not
subject to change. For companies for which a review was requested and
that have established eligibility for a separate rate, Commerce
preliminarily determines that the following weighted-average dumping
margins exist:
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\5\ See Appendix II for a full list of the 30 companies
(accounting for duplicate names initiated upon); see also
Preliminary Decision Memorandum, at 13.
\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
------------------------------------------------------------------------
Weighted-
Exporter 7 average margin
(percent)
------------------------------------------------------------------------
Fimex VN............................................. 25.39
Au Vung Two Seafood Processing Import & Export Joint 25.39
Stock Company, aka AU VUNG TWO SEAFOOD..............
Bac Lieu Fisheries Joint Stock Company............... 25.39
Bentre Forestry and Aquaproduct Import-Export Joint 25.39
Stock Company, aka FAQUIMEX, aka Bentre Forestry and
Aquaproduct Import-Export Joint Stock Company
(FAQUIMEX)..........................................
C.P. Vietnam Corporation............................. 25.39
Cadovimex Seafood Import-Export and Processing Joint 25.39
Stock Company.......................................
Camau Frozen Seafood Processing Import Export 25.39
Corporation, aka Camimex............................
Camau Seafood Processing and Service Joint Stock 25.39
Corporation, aka Camau Seafood Processing and
Service Joint-Stock Corporation, aka CASES..........
Can Tho Import Export Fishery Limited Company, aka 25.39
CAFISH..............................................
Cuulong Seaproducts Company, aka Cuulong Seapro...... 25.39
Fine Foods Co, aka Fine Foods Co (FFC)............... 25.39
Green Farms Seafood Joint Stock Company.............. 25.39
Hai Viet Corporation, aka HAVICO..................... 25.39
Investment Commerce Fisheries Corporation............ 25.39
Khanh Sung Company, Ltd.............................. 25.39
Kim Anh Company Limited.............................. 25.39
Minh Hai Export Frozen Seafood Processing Joint-Stock 25.39
Company, aka Minh Hai Jostoco.......................
Sea Minh Hai, aka Seaprodex Minh Hai................. 25.39
Ngoc Tri Seafood Joint Stock Company................. 25.39
Nha Trang Seaproduct Company, aka NT Seafoods 25.39
Corporation, aka Nha Trang Seafoods--F89 Joint Stock
Company, aka NTSF Seafoods Joint Stock Company......
Phuong Nam Foodstuff Corp............................ 25.39
Seaprimexco Vietnam, aka Seaprimexco................. 25.39
Taika Seafood Corporation............................ 25.39
Tan Phong Phu Seafood Co., Ltd....................... 25.39
Thanh Doan Sea Products Import & Export Processing 25.39
Joint-Stock Company, aka THADIMEXCO.................
Thong Thuan--Cam Ranh Seafood Joint Stock Company.... 25.39
[[Page 10675]]
Thong Thuan Company Limited.......................... 25.39
Thuan Phuoc Seafoods and Trading Corporation......... 25.39
Trung Son Seafood Processing Joint Stock Company, aka 25.39
Trung Son Seafood Processing JSC....................
UTXI Aquatic Products Processing Corporation......... 25.39
Viet Foods Co., Ltd.................................. 25.39
Vietnam Fish One Co., Ltd............................ 25.39
Vietnam Clean Seafood Corporation, aka Vina 25.39
Cleanfood, aka Viet Nam Clean Seafood Corporation...
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce will disclose the calculations used in our analysis to
parties in this review within five days of the date of publication of
this notice. Commerce intends to verify the information upon which we
will rely for the final results. As such, Commerce will establish the
briefing schedule at a later time, and will notify parties of the
schedule in accordance with 19 CFR 351.309. Parties who submit case
briefs or rebuttal briefs are requested to submit with the argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\8\ Rebuttal briefs must be limited to
issues raised in the case briefs.\9\
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\7\ Due to the issues Commerce had had in previous segments with
variations of exporter names related to this Order, we remind
exporters that the names listed in the rate box are the exact names,
including spelling and punctuation which Commerce will provide to
CBP and which CBP will use to assess POR entries and collect cash
deposits. Any names with punctuation variations, such as all
capitalizations, dashes, periods, or commas can be confirmed by
Commerce in the event CBP inquires about such variations.
\8\ See 19 CFR 351.309(c) and (d).
\9\ See 19 CFR 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a date and time to be
determined.\10\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of issues raised in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register, unless this deadline extended.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\11\ Commerce intends to issue assessment instructions
to CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., is 0.50 percent or more) in
the final results of this review, Commerce will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1).\12\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is above de
minimis. Where either the respondent's weighted-average dumping margin
is zero or de minimis, or an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, the assessment rate will be equal to the weighted-average dumping
margin assigned to Fimex VN in the final results of this review.\13\
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\13\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Preliminary Decision
Memorandum at 10-11; unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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For entries that were not reported in the U.S. sales database
submitted by Fimex VN during this review, Commerce will instruct CBP to
liquidate such entries at the Vietnam-wide rate. In addition, if we
continue to find no shipments for the companies identified in the
``Preliminary Determination of No Shipments'' section above, Commerce
will instruct CBP to liquidate any suspended entries of subject
merchandise from those companies at the Vietnam-wide rate.\14\
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\14\ For a full discussion of this practice, see NME AD
Assessment.
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For the final results, if we continue to treat the 30 companies
identified in Appendix II as part of the Vietnam-wide entity, we will
instruct CBP to apply an ad valorem assessment rate of 25.76 percent to
all entries of subject merchandise during the POR which were produced
and/or exported by those companies.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the companies
listed above, which have a separate rate, the cash deposit rate will be
that established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for previously investigated or reviewed Vietnam and non-Vietnam
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash
[[Page 10676]]
deposit rate will continue to be the existing exporter-specific rate;
(3) for all Vietnam exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the existing rate for the Vietnam-wide entity of 25.76 percent; and (4)
for all non-Vietnam exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Vietnam exporter that supplied that non-Vietnam
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 5, 2018.
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.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Preliminary Determination of No Shipments
B. Non-Market Economy Country
1. Separate Rates
2. Vietnam-Wide Entity
C. Surrogate Country and Surrogate Values
1. Economic Comparability
2. Significant Producers of Comparable Merchandise
3. Data Availability
D. Date of Sale
E. Fair Value Comparisons
1. Determination of the Comparison Method
2. Results of the Differential Pricing Analysis
F. Export Price
G. Normal Value
H. Factor Valuation Methodology
V. Currency Conversion
VI. Conclusion
Appendix II--Companies Subject to Review Determined To Be Part of the
Vietnam-Wide Entity
1. Amanda Seafood Co., Ltd.
2. Asia Food Stuffs Import Export Co., Ltd.
3. Binh Thuan Import--Export Joint Stock Company (THAIMEX)
4. B.O.P. Limited Co.
5. Coastal Fisheries Development Corporation (``COFIDEC'')
6. CJ Freshway (FIDES Food System Co., Ltd.)
7. Dong Hai Seafood Limited Company
8. Duc Cuong Seafood Trading Co., Ltd.
9. Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and
Export Company)
10. Gallant Dachan Seafood Co., Ltd.
11. Gallant Ocean (Vietnam) Co. Ltd., also initiated under Gallant
Ocean (Viet Nam) Co., Ltd. (``Gallant Ocean Vietnam'')
12. Hanh An Trading Service Co., Ltd.
13. Hoang Phuong Seafood Factory
14. Huynh Huong Seafood Processing
15. JK Fish Co., Ltd.
16. Khai Minh Trading Investment Corporation
17. Long Toan Frozen Aquatic Products Joint Stock Company
18. Minh Cuong Seafood Import-Export Processing (``MC Seafood'')
19. Minh Phu Seafood Corporation (only as producer or exporter) \15\
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\15\ Minh Phu Seafood Corporation is part of the Vietnam-Wide
entity only in the event that it is identified on U.S. entry
documentation or commercial documents as either producer or
exporter. In the event that Minh Phu Seafood Corporation is
identified on U.S. entry documentation and commercial documents as
both producer and exporter, its entries are not subject to the AD
Order and should not be suspended. 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 (Minh Phu Revocation) (July 22, 2016),
where we stated that we ``will instruct U.S. Customs and Border
Protection (``CBP'') to liquidate, without regard to antidumping
duties, entries of certain frozen warmwater shrimp, produced and
exported by the Minh Phu Group.'' Because Minh Phu Seafood
Corporation is one of the trade names included in the Minh Phu
Revocation, any entries of subject merchandise produced and exported
by Minh Phu Seafood Corporation, or any other trade name combination
of the companies within the group which was revoked from the AD
Order, are not subject to the AD Order.
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20. Nam Hai Foodstuff and Export Company Ltd
21. New Wind Seafood Co., Ltd.
22. Nha Trang Fisheries Joint Stock Company (``Nha Trang Fisco''),
also initiated under Nha Trang Fisheries Joint Stock Company
23. Nhat Duc Co., Ltd.
24. Phu Cuong Jostoco Seafood Corporation
25. Quoc Ai Seafood Processing Import Export Co., Ltd.
26. Saigon Food Joint Stock Company
27. Tan Thanh Loi Frozen Food Co., Ltd.
28. Thinh Hung Co., Ltd.
29. Trang Khan Seafood Co., Ltd.
30. Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho
[FR Doc. 2018-04901 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P
