Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review, 2016-2017, 46704-46707 [2018-20030]
Download as PDF
<![CDATA[
46704
Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices
duplicate license is a written
submission; the output is electronic.
DEPARTMENT OF COMMERCE
International Trade Administration
III. Data
[A–552–802]
OMB Control Number: 0694–0126.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Private Sector.
Estimated Number of Respondents:
110.
Estimated Time per Response: 1 to 30
minutes.
Estimated Total Annual Burden
Hours: 31.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Export
Administration Act of 1979, Section
15(b) of the EAR, Section 750.9 and
750.10 of the EAR.
IV. Request for Comments
daltland on DSKBBV9HB2PROD with NOTICES
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–19956 Filed 9–13–18; 8:45 am]
BILLING CODE 3510–07–P
VerDate Sep<11>2014
17:06 Sep 13, 2018
Jkt 244001
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty Administrative Review, 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Fimex VN
sold certain frozen warmwater shrimp
from the Socialist Republic of Vietnam
(Vietnam) at less than normal value
(NV) during the period of review (POR),
February 1, 2016, through January 31,
2017.
AGENCY:
DATES:
Applicable September 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Josh Simonidis, 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 or
(202) 482–0608, respectively.
SUPPLEMENTARY INFORMATION: On March
12, 2018, Commerce published the
Preliminary Results.1 On August 9,
2018, we invited interested parties to
comment on the Preliminary Results.2
For events since the Preliminary
Results, see Issues and Decision
Memorandum.3
Scope of the Order 4
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 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,
1 See 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, 83 FR 10673 (March 12, 2018) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum.
2 See Memorandum re: ‘‘Case and Rebuttal Brief
Schedule,’’ dated August 9, 2018.
3 See Memorandum re: ‘‘Issues and Decision
Memorandum for the Final Results’’ (Issues and
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
4 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (Order).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
1605.21.10.30, and 1605.29.10.10. The
written description of the scope of the
Order is dispositive. A full description
of the scope of the Order is available in
the accompanying Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the accompanying
Issues and Decision Memorandum. A
list of the issues which parties raised,
and to which we respond in the Issues
and Decision Memorandum is attached
at Appendix I. The Issues and Decision
Memorandum is a public document and
is on file electronically via 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 Issues and Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that the following
companies, as initiated, did not have
any reviewable transactions during the
POR: (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. As we have not received any
information to contradict this
preliminary determination, we
determine for these final results that the
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices
above-named companies did not have
any reviewable entries of subject
merchandise during the POR and will
issue appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification.5
Changes Since the Preliminary Results
Commerce made changes to Fimex
VN’s preliminary dumping margin
based on verification findings. For
detailed information, see the Issues and
Decision Memorandum.
Final Results of Review
In the Preliminary Results, Commerce
found that 30 companies for which a
review was requested had not
established eligibility for a separate rate
and were considered to be part of the
Vietnam-wide entity.6 We continue to
find, for the final results, that these 30
companies are ineligible for a separate
rate (see Appendix II). Commerce’s
change in policy regarding conditional
review of the Vietnam-wide entity
applies to this administrative review.7
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
determines that the following weightedaverage dumping margins exist:
Weightedaverage
margin
(percent)
Exporter 8
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 .................................................................
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 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 ............................................................
Minh Hai Joint-Stock Seafoods Processing Company, aka Sea Minh Hai, aka Seaprodex Minh Hai, aka Minh Hai Joint Stock
Seafoods ..........................................................................................................................................................................................
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 ...................................................................................................................
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 Clean Seafood Corporation, aka Vina Cleanfood, aka Viet Nam Clean Seafood Corporation ...........................................
Vietnam Fish One Co., Ltd ..................................................................................................................................................................
Rate for Non-Selected Companies
daltland on DSKBBV9HB2PROD with NOTICES
Under section 735(c)(5)(A) of the
Tariff Act of 1930, as amended (Act), the
all-others rate is normally an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment of AD
Duties).
6 See Appendix II for a full list of the 30
companies (accounting for duplicate names
initiated upon); see also Preliminary Results at
Appendix II.
VerDate Sep<11>2014
17:06 Sep 13, 2018
Jkt 244001
46705
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
4.58
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely on the basis of facts available.
Accordingly, under Commerce’s
practice, in an administrative review of
a nonmarket economy antidumping
order, when only one weighted-average
dumping margin for an individually
investigated respondent is above de
minimis and not based entirely on facts
available, the separate rate will be equal
to that single, above de minimis rate. In
these final results, Commerce calculated
7 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).
8 Due to the issues we have had in the past with
variations of exporter names related to this Order,
we remind exporters that the names listed below
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.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
E:\FR\FM\14SEN1.SGM
14SEN1
46706
Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices
a rate for Fimex VN that is not zero, de
minimis, or based entirely on facts
available. Therefore, Commerce has
assigned to the companies that have not
been individually examined but have
demonstrated their eligibility for a
separate rate a margin of 4.58 percent,
which is the final dumping margin
calculated for Fimex VN.
daltland on DSKBBV9HB2PROD with NOTICES
Disclosure and Public Comment
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
For Fimex VN, 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 and the total
entered value of sales. Where we do not
have entered values for all U.S. sales to
a particular importer/customer, we will
calculate a per-unit assessment rate by
aggregating the antidumping duties due
for all U.S. sales to that importer (or
customer) and dividing this amount by
the total quantity sold to that importer
(or customer).9 To determine whether
the duty assessment rates are de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we will calculate
importer- (or customer-) specific ad
valorem ratios based on the estimated
entered value. Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem rate is zero or de minimis, we
will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.10
For the companies receiving a
separate rate, we intend to assign an ad
valorem assessment rate of 4.58 percent,
consistent with the methodology
described above. With regard to the
19 CFR 351.212(b)(1).
19 CFR 352.106(c)(2); Antidumping
Proceeding: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings; Final Modification, 77
FR 8101, 8103 (February 14, 2012) (Final
Modification for Reviews).
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.11
Additionally, consistent with its
assessment practice in non-market
economy (NME) cases, for any exporter
under review which Commerce
determined had no shipments of the
subject merchandise during the POR,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the NME-wide rate.12
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 Vietnamese
and non-Vietnamese exporters not listed
above that received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnamese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Vietnamwide entity; and (4) for all nonVietnamese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Vietnamese
exporter that supplied that nonVietnamese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with
9 See
10 See
VerDate Sep<11>2014
17:06 Sep 13, 2018
Jkt 244001
11 See Final Determination of Sales at Less Than
Fair Value: Certain Frozen and Canned Warmwater
Shrimp from the Socialist Republic of Vietnam, 69
FR 71005 (December 8, 2004).
12 For a full discussion of this practice, see
Assessment of AD Duties, 76 FR at 65694–65695.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
Dated: September 7, 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 Issues Discussed in
the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Fresh Shrimp Surrogate Value
Comment 2: Fimex VN Shrimp Input
Conversion
Comment 3: Separate Rate Status for Trade
Names
A. Thuan Phuoc Seafoods and Trading
Corporation
B. Seaprodex Minh Hai
C. Camau Frozen Seafood Processing
Import Export Corporation
D. Can Tho Import Export Fishery Limited
Company
E. Minh Hai Export Frozen Seafood
Processing Joint-Stock Company
F. Fine Foods Co.
G. Bentre Forestry and Aquaproduct
Import-Export Joint Stock Company
H. UTXI Aquatic Products Processing
Corporation
I. Abbreviated Names for Other Companies
V. Recommendation
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.
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices
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
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. 2018–20030 Filed 9–13–18; 8:45 am]
Illex Amendment
The
following items are on the agenda;
though agenda items may be addressed
out of order (changes will be noted on
the Council’s website when possible.)
South East Regional Office (SERO)
Party/Charter Reporting Requirement
SUPPLEMENTARY INFORMATION:
Monday, October 1, 2018
National Oceanic and Atmospheric
Administration
RIN 0648–XG483
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
Review 2018 and proposed 2019
implementation plans and develop
recommendations for 2019 priorities.
Jkt 244001
Presentation on pending electronic
reporting requirements for vessels with
for-hire South Atlantic federal permits.
Business Session
Develop and approve 2019–21
specifications.
Annual Update on GARFO/NEFSC
Fishery Dependent Data Initiative
Project (FDDI)
FDDI overview, update, potential
expansion, and enhancement of
electronic vessel trip reporting.
Committee Reports (SSC); Executive
Director’s Report (Summer Flounder,
Scup, and Black Sea Bass Framework
and addendum on conservation
equivalency, Block Island Sound transit,
and slot limits and review and approve
modification to alternatives);
Organization Reports; and, Liaison
Reports.
Continuing and New Business
Wednesday, October 3, 2018
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during these meetings. Actions
will be restricted to those issues
specifically identified in this notice and
any issues arising after publication of
this notice that require emergency
action under section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take final action to address the
emergency.
Squids and Butterfish Specifications
Special Accommodations
Review 2019–20 specifications and
adopt modifications if needed.
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aid
should be directed to M. Jan Saunders,
(302) 526–5251, at least 5 days prior to
the meeting date.
2020–24 Strategic Plan
17:06 Sep 13, 2018
Thursday, October 4, 2018
Spiny Dogfish Specifications
The Mid-Atlantic Fishery
Management Council (Council) will
hold public meetings of the Council and
its Committees.
DATES: The meetings will be held
Monday, October 1, 2018 through
Thursday, October 4, 2018. For agenda
details, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: The meeting will be held at
the Congress Hall, 200 Congress Place,
Cape May, NJ 08204, telephone: (609)
884–8421.
VerDate Sep<11>2014
Review Fishery Management Action
Team, Advisory Panel, and Committee
recommendations for range of
alternatives, review, and approve public
hearing document.
Tuesday, October 2, 2018
Risk Policy Framework
SUMMARY:
Chub Mackerel Amendment
Discuss how permits are issued with
respect to USCG safety regulations and
law enforcement responsibilities of the
USCG and NOAA.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
Review and approve scoping
document.
HMS Permits and Law Enforcement
Issues
Executive Committee
Review of Ecosystems and Ocean
Planning Committee (EOP) meeting and
recommendations; identify high-risk
priorities and determine next steps;
overview of EOP Committee comments
on draft Northeast Regional EcosystemsBased Fishery Management
Implementation Plan.
DEPARTMENT OF COMMERCE
daltland on DSKBBV9HB2PROD with NOTICES
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State St.,
Suite 201, Dover, DE 19901; telephone:
(302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255. The Council’s website,
www.mafmc.org also has details on the
meeting location, proposed agenda,
webinar listen-in access, and briefing
materials.
Ecosystem Approach to Fisheries
Management Risk Assessment
BILLING CODE 3510–DS–P
46707
Update on summer flounder
economic Risk Policy analysis and
discuss next steps on Risk Policy
Framework.
Discuss timeline and approach.
Industry Funded Monitoring
Amendment
Review history, pilot electronic
monitoring results, and New England
actions and discuss next steps.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46704-46707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review, 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Fimex VN
sold certain frozen warmwater shrimp from the Socialist Republic of
Vietnam (Vietnam) at less than normal value (NV) during the period of
review (POR), February 1, 2016, through January 31, 2017.
DATES: Applicable September 14, 2018.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Josh Simonidis, 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 or (202) 482-0608,
respectively.
SUPPLEMENTARY INFORMATION: On March 12, 2018, Commerce published the
Preliminary Results.\1\ On August 9, 2018, we invited interested
parties to comment on the Preliminary Results.\2\ For events since the
Preliminary Results, see Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See 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, 83 FR 10673 (March 12, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum re: ``Case and Rebuttal Brief Schedule,''
dated August 9, 2018.
\3\ See Memorandum re: ``Issues and Decision Memorandum for the
Final Results'' (Issues and Decision Memorandum), dated concurrently
with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (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 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. The
written description of the scope of the Order is dispositive. A full
description of the scope of the Order is available in the accompanying
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the accompanying Issues and Decision
Memorandum. A list of the issues which parties raised, and to which we
respond in the Issues and Decision Memorandum is attached at Appendix
I. The Issues and Decision Memorandum is a public document and is on
file electronically via 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 Issues and
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that the following
companies, as initiated, did not have any reviewable transactions
during the POR: (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.
As we have not received any information to contradict this preliminary
determination, we determine for these final results that the
[[Page 46705]]
above-named companies did not have any reviewable entries of subject
merchandise during the POR and will issue appropriate instructions that
are consistent with our ``automatic assessment'' clarification.\5\
---------------------------------------------------------------------------
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of
AD Duties).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Commerce made changes to Fimex VN's preliminary dumping margin
based on verification findings. For detailed information, see the
Issues and Decision Memorandum.
Final Results of Review
In the Preliminary Results, Commerce found that 30 companies for
which a review was requested had not established eligibility for a
separate rate and were considered to be part of the Vietnam-wide
entity.\6\ We continue to find, for the final results, that these 30
companies are ineligible for a separate rate (see Appendix II).
Commerce's change in policy regarding conditional review of the
Vietnam-wide entity applies to this administrative review.\7\ 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
determines that the following weighted-average dumping margins exist:
---------------------------------------------------------------------------
\6\ See Appendix II for a full list of the 30 companies
(accounting for duplicate names initiated upon); see also
Preliminary Results at Appendix II.
\7\ 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 \8\ average margin
(percent)
------------------------------------------------------------------------
Fimex VN................................................ 4.58
Au Vung Two Seafood Processing Import & Export Joint 4.58
Stock Company, aka AU VUNG TWO SEAFOOD.................
Bac Lieu Fisheries Joint Stock Company.................. 4.58
Bentre Forestry and Aquaproduct Import-Export Joint 4.58
Stock Company, aka FAQUIMEX............................
C.P. Vietnam Corporation................................ 4.58
Cadovimex Seafood Import-Export and Processing Joint 4.58
Stock Company..........................................
Camau Frozen Seafood Processing Import Export 4.58
Corporation, aka Camimex...............................
Camau Seafood Processing and Service Joint Stock 4.58
Corporation, aka Camau Seafood Processing and Service
Joint-Stock Corporation, aka CASES.....................
Can Tho Import Export Fishery Limited Company, aka 4.58
CAFISH.................................................
Cuulong Seaproducts Company, aka Cuulong Seapro......... 4.58
Fine Foods Co, aka FFC.................................. 4.58
Green Farms Seafood Joint Stock Company................. 4.58
Hai Viet Corporation, aka HAVICO........................ 4.58
Investment Commerce Fisheries Corporation............... 4.58
Khanh Sung Company, Ltd................................. 4.58
Kim Anh Company Limited................................. 4.58
Minh Hai Export Frozen Seafood Processing Joint-Stock 4.58
Company, aka Minh Hai Jostoco..........................
Minh Hai Joint-Stock Seafoods Processing Company, aka 4.58
Sea Minh Hai, aka Seaprodex Minh Hai, aka Minh Hai
Joint Stock Seafoods...................................
Ngoc Tri Seafood Joint Stock Company.................... 4.58
Nha Trang Seaproduct Company, aka NT Seafoods 4.58
Corporation, aka Nha Trang Seafoods-F89 Joint Stock
Company, aka NTSF Seafoods Joint Stock Company.........
Phuong Nam Foodstuff Corp............................... 4.58
Seaprimexco Vietnam, aka Seaprimexco.................... 4.58
Taika Seafood Corporation............................... 4.58
Tan Phong Phu Seafood Co., Ltd.......................... 4.58
Thanh Doan Sea Products Import & Export Processing Joint- 4.58
Stock Company, aka THADIMEXCO..........................
Thong Thuan-Cam Ranh Seafood Joint Stock Company........ 4.58
Thong Thuan Company Limited............................. 4.58
Thuan Phuoc Seafoods and Trading Corporation............ 4.58
Trung Son Seafood Processing Joint Stock Company, aka 4.58
Trung Son Seafood Processing JSC.......................
UTXI Aquatic Products Processing Corporation............ 4.58
Viet Foods Co., Ltd..................................... 4.58
Vietnam Clean Seafood Corporation, aka Vina Cleanfood, 4.58
aka Viet Nam Clean Seafood Corporation.................
Vietnam Fish One Co., Ltd............................... 4.58
------------------------------------------------------------------------
Rate for Non-Selected Companies
Under section 735(c)(5)(A) of the Tariff Act of 1930, as amended
(Act), the all-others rate is normally an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely on the
basis of facts available. Accordingly, under Commerce's practice, in an
administrative review of a nonmarket economy antidumping order, when
only one weighted-average dumping margin for an individually
investigated respondent is above de minimis and not based entirely on
facts available, the separate rate will be equal to that single, above
de minimis rate. In these final results, Commerce calculated
[[Page 46706]]
a rate for Fimex VN that is not zero, de minimis, or based entirely on
facts available. Therefore, Commerce has assigned to the companies that
have not been individually examined but have demonstrated their
eligibility for a separate rate a margin of 4.58 percent, which is the
final dumping margin calculated for Fimex VN.
---------------------------------------------------------------------------
\8\ Due to the issues we have had in the past with variations of
exporter names related to this Order, we remind exporters that the
names listed below 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.
---------------------------------------------------------------------------
Disclosure and Public Comment
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results of review.
For Fimex VN, 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 and the total entered
value of sales. Where we do not have entered values for all U.S. sales
to a particular importer/customer, we will calculate a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and dividing this amount by the
total quantity sold to that importer (or customer).\9\ To determine
whether the duty assessment rates are de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we will calculate
importer- (or customer-) specific ad valorem ratios based on the
estimated entered value. Where either a respondent's weighted average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\10\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 352.106(c)(2); Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012) (Final Modification for Reviews).
---------------------------------------------------------------------------
For the companies receiving a separate rate, we intend to assign an
ad valorem assessment rate of 4.58 percent, consistent with the
methodology described above. With regard to the 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.\11\
---------------------------------------------------------------------------
\11\ See Final Determination of Sales at Less Than Fair Value:
Certain Frozen and Canned Warmwater Shrimp from the Socialist
Republic of Vietnam, 69 FR 71005 (December 8, 2004).
---------------------------------------------------------------------------
Additionally, consistent with its assessment practice in non-market
economy (NME) cases, for any exporter under review which Commerce
determined had no shipments of the subject merchandise during the POR,
any suspended entries that entered under that exporter's case number
(i.e., at that exporter's rate) will be liquidated at the NME-wide
rate.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Assessment of
AD Duties, 76 FR at 65694-65695.
---------------------------------------------------------------------------
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 Vietnamese and non-
Vietnamese exporters not listed above that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Vietnamese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
Vietnam-wide entity; and (4) for all non-Vietnamese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Vietnamese exporter
that supplied that non-Vietnamese exporter. These deposit requirements,
when imposed, shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h) and 19
CFR 351.221(b)(5).
Dated: September 7, 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 Issues Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Fresh Shrimp Surrogate Value
Comment 2: Fimex VN Shrimp Input Conversion
Comment 3: Separate Rate Status for Trade Names
A. Thuan Phuoc Seafoods and Trading Corporation
B. Seaprodex Minh Hai
C. Camau Frozen Seafood Processing Import Export Corporation
D. Can Tho Import Export Fishery Limited Company
E. Minh Hai Export Frozen Seafood Processing Joint-Stock Company
F. Fine Foods Co.
G. Bentre Forestry and Aquaproduct Import-Export Joint Stock
Company
H. UTXI Aquatic Products Processing Corporation
I. Abbreviated Names for Other Companies
V. Recommendation
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.
[[Page 46707]]
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
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. 2018-20030 Filed 9-13-18; 8:45 am]
BILLING CODE 3510-DS-P
