Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 25238-25240 [2019-11396]
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25238
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices
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responses.4 Commerce also found that
several factors under 19 CFR
351.225(k)(1)—particularly the petition,
the final report of the International
Trade Commission (ITC), and a prior
scope ruling—further supported
Commerce’s determination that OMG’s
zinc anchors fall within the scope of the
Orders.5 As a result of the Final Scope
Ruling, Commerce instructed U.S.
Customs and Border Protection (CBP) to
continue suspension of liquidation of
entries of OMG’s zinc anchors.6
OMG challenged the Final Scope
Ruling before the CIT, and on May 29,
2018, the CIT remanded Commerce’s
scope ruling.7 In its Remand Order, the
CIT held that OMG’s zinc anchor is not
a ‘‘nail’’ within the plain meaning of the
word and is therefore outside the scope
of the Orders.8 In determining the
definition of a ‘‘nail,’’ the CIT consulted
The American Heritage Dictionary of
the English Language and Webster’s
Third New International Dictionary of
the English Language (Unabridged).9
The CIT held that both of these sources
unambiguously present ‘‘a ‘single
clearly defined or stated meaning {of a
nail}’: A slim, usually pointed object
used as a fastener designed for impact
insertion.’’ 10
The CIT held that although the steel
pin fits the common definition of a nail,
the zinc anchor as a whole, does not.11
According to the CIT, because OMG’s
zinc anchor is a unitary article of
commerce, the entire product, not just a
component part, must fit the definition
of a nail to fall within the scope of the
Orders.12 The CIT concluded that
because OMG’s zinc anchors are
composed of a steel pin and a zinc body,
the entire product is not a nail.13
Additionally, the CIT held that because
the relevant industry classifies anchors
with a steel pin as anchors, not nails,
trade usage further supports the
conclusion that OMG’s zinc anchors are
not nails.14 The CIT remanded the Final
Scope Ruling to Commerce for further
consideration consistent with the CIT’s
4 See Antidumping and Countervailing Duty
Orders on Certain Steel Nails from the Socialist
Republic of Vietnam: Final Scope Ruling on OMG,
Inc.’s Zinc Anchors (Final Scope Ruling), dated
February 6, 2017 at 9–10.
5 Id. at 10.
6 See Message Number 7041303, dated February
10, 2017; see also Message Number 7041301, dated
February 10, 2017.
7 See OMG, Inc. v. United States, Court No. 17–
00036, Slip. Op. 18–63 (CIT 2018) (Remand Order).
8 See Remand Order, Slip Op. 18–63 at 9.
9 Id.
10 Id. at 9–10.
11 Id. at 10.
12 Id.
13 Id.
14 Id. at 10–11.
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opinion.15 The CIT also directed
Commerce to issue appropriate
instructions to CBP regarding the
suspension of liquidation of OMG’s zinc
anchors.16
Pursuant to the CIT’s instructions, on
remand, under protest, Commerce found
that OMG’s zinc anchors do not fall
within the scope of the Orders.17 On
May 14, 2019, the CIT sustained
Commerce’s Final Remand Results.18
Timken Notice
In its decision in Timken,19 as
clarified by Diamond Sawblades,20 the
Court of Appeals for the Federal Circuit
(CAFC) held that, pursuant to sections
516A(c) and (e) of the Tariff Act of 1930,
as amended (the Act), Commerce must
publish a notice of court decision that
is not ‘‘in harmony’’ with Commerce’s
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
May 14, 2019, judgment in this case,
sustaining Commerce’s decision in the
Final Remand Results that OMG’s zinc
anchors fall outside the scope of the
Orders, constitutes a final decision of
that court that is not in harmony with
the Final Scope Ruling. This notice is
published in fulfillment of the
publication requirements of Timken.
Accordingly, Commerce will continue
the suspension of liquidation of OMG’s
zinc anchors pending expiration of the
period of appeal or, if appealed,
pending a final and conclusive court
decision.
Amended Final Scope Ruling
Because there is now a final court
decision with respect to this case,
Commerce is amending its Final Scope
Ruling and finds that the scope of the
Orders does not cover the zinc anchors
specified in OMG’s Scope Ruling
Request. Commerce will instruct CBP
that the cash deposit rate will be zero
percent for the zinc anchors subject to
OMG’s scope ruling request. In the
event that the CIT’s ruling it not
appealed, or if appealed, upheld by the
CAFC, Commerce will instruct CBP to
liquidate entries of OMG’s zinc anchors
without regard to antidumping and/or
countervailing duties, and to lift
15 Id.
at 11.
16 Id.
17 See Final Results of Redetermination Pursuant
to Court Remand, OMG, Inc. v. United States, Court
No. 17–00036, Slip Op. 18–63 (CIT May 29, 2018),
dated August 27, 2018 (Final Remand Results).
18 See OMG, Inc. v. United States, Court No. 17–
00036, Slip Op. 19–58, No. 17-00036 (CIT 2019).
19 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
20 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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suspension of liquidation of such
entries.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(e)(1) of
the Act.
Dated: May 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–11397 Filed 5–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Partial Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding, in part, the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam)
for the period February 1, 2018, through
January 31, 2019.
DATES: Applicable May 31, 2019.
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:
AGENCY:
Background
On May 2, 2019, based on timely
requests for review for 107 companies
by the Ad Hoc Shrimp Trade Action
Committee (the petitioner),1 185
companies by the American Shrimp
Processors Association (ASPA),2 and
various Vietnamese companies,3
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the
1 See the Petitioner’s Request for Administrative
Review, dated February 27, 2019.
2 See ASPA’s Request for Administrative Review,
dated February 27, 2019.
3 See, e.g., VASEP’s submission, ‘‘Request for
Administrative Review (02/01/18–01/31/19),’’ dated
February 26, 2019; Soc Trang Seafood Seafood Joint
Stock Company’s ‘‘Request for Review,’’ dated
February 11, 2019.
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Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices
antidumping duty order on certain
frozen warmwater shrimp from Vietnam
covering the period February 1, 2018,
through January 31, 2019.4
On April 25, 2019, Vietnam Fish One
Co., Ltd. withdrew its review request.5
On May 3, 2019, the petitioner and
ASPA withdrew their respective review
requests, in part.6 On May 3, 2019,
various Vietnamese exporters also
withdrew their respective review
requests.7 All interested parties that
withdrew their requests for review of
companies also included those
companies’ name variations, as listed in
the Initiation Notice and the attached
Appendix. All review requests for the
company names listed in the Appendix
have been withdrawn; no other party
requested a review of these exporters.
Partial Rescission of Review
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Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
Because the petitioner, ASPA, and the
individual companies all withdrew their
requests for administrative review
within 90 days of the date of publication
of the Initiation Notice, and no other
interested party requested a review of
these companies, Commerce is
rescinding this review with respect to
the companies identified in the
Appendix, in accordance with 19 CFR
351.213(d)(1).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Initiation Notice).
5 See Fish One Letter, ‘‘Withdrawal of Review
Request: Fish One,’’ dated April 25, 2019.
6 See the Petitioner’s Submission, ‘‘Domestic
Producers’ Partial Withdrawal of Review Requests,’’
dated May 3, 2019; ASPA’s Submission, ‘‘Partial
Withdrawal of Review Requests,’’ dated May 3,
2019. On May 8, 2019, both the petitioner and
ASPA filed additional withdrawal letters to include
additional trade names that were inadvertently
omitted from their initial withdrawal letters. The
petitioner withdrew its requests for review covering
38 companies including name iterations. ASPA
withdrew its requests for review covering 85
companies including name iterations.
7 See Khanh Sung Company Ltd. Submission,
‘‘Withdrawal of Request for Administrative
Review,’’ dated May 3, 2019; Ngoc Tri Joint Stock
Company and Tai Kim Seafood Joint Stock
Company’s Submission, ‘‘Withdrawal of Review
Request, dated May 3, 2019; VASEP Submission,
‘‘Withdrawal of Review Requests,’’ dated May 3,
2019 (on behalf of 17 exporters and their additional
trade names); Trade Pacific Submission,
‘‘Withdrawal of Request for Administrative
Review,’’ dated May 6, 2019 (on behalf of two
exporters and their additional trade names). A total
of 23 Vietnamese exporters, including name
iterations, withdrew their respective review
requests.
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Jkt 247001
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
February 1, 2018, through January 31,
2019, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
Notifications
This notice 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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
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(a)(3), 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 notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: May 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Companies Rescinded From Review
1. —Bac Lieu Fisheries Joint Stock Company
—Bac Lieu Fisheries Joint Stock Company
(‘‘Bac Lieu Fis’’)
—Bac Lieu Fisheries Joint Stock Company
(Bac Lieu Fis)
—Bac Lieu Fisheries JSC
2. —Ben Tre Forestry and Aquaproduct
Import-Export Joint Stock Company
(‘‘Faquimex’’)
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25239
—Ben Tre Forestry and Aquaproduct
ImportExport Joint Stock Company
(FAQUIMEX)
—Ben Tre Forestry and Aquaproduct
Import-Export Joint Stock Company
(FAQUIMEX)
—Bentre Aquaproduct Import & Export
Joint Stock Company
—Bentre Aquaproduct Import & Export
Joint Stock Company (Aquatex Bentre)
3. —C.P. Vietnam Corporation
4. —Ca Mau Frozen Seafood Joint Stock
Company (‘‘Seaprimexco Vietnam’’)
—Ca Mau Seafood Joint Stock Company
(‘‘Seaprimexco Vietnam’’)
—Ca Mau Seafood Joint Stock Company
(Seaprimexco Vietnam)
—Seaprimexco Vietnam
5. —Cafatex Corporation
6. —Camau Frozen Seafood Processing
Import Export Corporation (Camimex)
—Camau Frozen Seafood Processing
Import-Export Corporation (‘‘Camimex’’)
7. —Camau Seafood and Service Joint Stock
Company (‘‘CASES’’)
—Camau Seafood and Service Joint Stock
Company (Cases)
—Camau Seafood Processing and Service
Joint Stock Corporation (and its affiliates,
Kien Giang Branch—Camau Seafood
Processing & Service Joint Stock
Corporation, collectively ‘‘CASES’’)
—Camau Seafood Processing and Service
Joint Stock Corporation (and its affiliates,
Kien Giang Branch—Camau Seafood
Processing & Service Joint Stock
Corporation, collectively ‘‘CASES’’)
—Camau Seafood Processing and Service
Joint Stock Corporation (Cases)
—Camau Seafood Processing and Service
Joint-Stock Corporation, Kien Giang
Branch.
8. —Can Tho Import Export Fishery Limited
Company (‘‘CAFISH’’)
—Can Tho Import Export Fishery Limited
Company (CAFISH)
9. —Cuulong Seaproducts Company (‘‘Cuu
Long Seapro’’)
—Cuulong Seaproducts Company
(‘‘Cuulong Seapro’’)
—Cuulong Seaproducts Company (Cuu
Long Seapro)
—Cuulong Seaproducts Company (Cuulong
Seapro)
10. —Frozen Seafoods Factory No. 32
11. —Hai Viet Corporation (‘‘HAVICO’’)
—Hai Viet Corporation (HAVICO)
12. —Hoang Phuong Seafood Factory
13. —Investment Commerce Fisheries
Corporation (‘‘Incomfish’’)
—Investment Commerce Fisheries
Corporation (Incomfish)
14. —Khanh Sung Co., Ltd
—Khanh Sung Co., Ltd (‘‘Khanh Sung’’)
—Khanh Sung Company, Ltd, (‘‘Khanh
Sung’’)
15. —Kim Anh Co., Ltd.
—Kim Anh Co., Ltd. (‘‘Kim Anh’’)
—Kim Anh Company Limited
16. —Minh Hai Export Frozen Seafood
Processing Joint-Stock Company (‘‘Minh
Hai Jostoco’’)
—Minh Hai Export Frozen Seafood
Processing Joint-Stock Company (Minh
Hai Jostoco)
17. —Minh Hai Joint-Stock Seafoods
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Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices
Processing Company
—Minh Hai Joint-Stock Seafoods
Processing Company (‘‘Seaprodex Minh
Hai’’)
—Minh Hai Joint-Stock Seafoods
Processing Company (Seaprodex Minh
Hai)
—Sea Minh Hai
—Seaprodex Minh Hai
18. —My Son Seafoods Factory
19. —Nam Hai Foodstuff and Export
Company Ltd
20. —Ngoc Tri Seafood Joint Stock Company
—Ngoc Tri Seafood Joint Stock Company
(‘‘Ngoc Tri’’)
21. —Nha Trang Seafoods
—Nha Trang Seaproduct Company
—Nha Trang Seaproduct Company (and its
affiliates NT Seafoods Corporation, Nha
Trang Seafoods—F.89 Joint Stock
Company, NTSF Seafoods Joint Stock
Company (collectively ‘‘Nha Trang
Seafoods Group’’))
—Nha Trang Seaproduct Company (and its
affiliates NT Seafoods Corporation, Nha
Trang Seafoods—F.86 Joint Stock
Company, NTSF Seafoods Joint Stock
Company (collectively ‘‘Nha Trang
Seafoods Group’’))
—Nha Trang Seaproduct Company (Nha
Trang Seafoods Group)
—NT Seafoods Corporation
—NTSF Seafoods Joint Stock Company
22. —QNL One Member Co., Ltd.
—QNL One Member Co., Ltd. (‘‘QNL’’)
23. —Quang Minh Seafood Co., Ltd.
—Quang Minh Seafood Co., Ltd. (‘‘Quang
Minh’’)
24. —Sao Ta Foods Joint Stock Company
—Sao Ta Foods Joint Stock Company
(‘‘FIMEX VN’’) (and its factory ‘‘Sao Ta
Seafoods Factory’’)
—Sao Ta Foods Joint Stock Company
(FIMEX VN)
—Sao Ta Seafood Factory
—Fimex VN
25. —Seafoods and Foodstuff Factory
26. —Tacvan Frozen Seafood Processing
Export Company
—Tacvan Frozen Seafood Processing
Export Company (Tacvan Seafoods Co.)
—Tacvan Seafoods Company (‘‘TACVAN’’)
—Tacvan Seafoods Company (TACVAN)
27. —Tai Kim Anh Seafood Joint Stock
Corporation
—Tai Kim Anh Seafood Joint Stock
Corporation (‘‘TAIKA Seafood
Corporation’’)
—Tai Kim Anh Seafood Joint Stock
Corporation (TAIKA Seafood
Corporation)
—Taika Seafood Corporation
28. —Taydo Seafood Enterprise
29. —Thong Thuan—Cam Ranh Seafood Joint
Stock Company
—Thong Thuan Cam Ranh Seafood Joint
Stock Company (‘‘T&T Cam Ranh’’)
—Thong Thuan Cam Ranh Seafood Joint
Stock Company (T&T Cam Ranh)
—Thong Thuan—Cam Ranh Seafood Joint
Stock Company (T&T Cam Ranh)
30. —Thong Thuan Company Limited
—Thong Thuan Company Limited (‘‘T&T’’)
—Thong Thuan Company Limited (T&T)
—Cong Ty Tnhh Thong Thuan (Thong
Thuan)
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Jkt 247001
31. —Thong Thuan Seafood Company
Limited
32. —Thuan Phuoc Seafoods and Trading
Corporation
—Thuan Phuoc Seafoods and Trading
Corporation (‘‘Thuan Phuoc Corp’’)
—Thuan Phuoc Seafoods and Trading
Corporation and its separate factories
Frozen Seafoods Factory No. 32,
Seafoods and Foodstuff Factory, and My
Son Seafoods Factory (collectively
‘‘Thuan Phuoc Corp.’’)
33. —Trang Khanh Seafood Co., Ltd.
—Trang Khanh Seafood Company Limited
34. —Trung Son Seafood Processing Joint
Stock Company
35. —UTXI Aquatic Products Processing
Company
—UTXI Aquatic Products Processing
Company (UTXICO)
—UTXI Aquatic Products Processing
Corporation (‘‘UTXICO’’) (and its branch
Hoang Phuong Seafood Factory and
Hoang Phong Seafood Factory)
—UTXI Aquatic Products Processing
Corporation (UTXICO)
36. —Viet Foods Co., Ltd.
—Viet Foods Co., Ltd. (‘‘Viet Foods’’)
—Viet Foods Co., Ltd. (Viet Foods)
37. —Viet Hai Seafood Co., Ltd.
—Viet Hai Seafood Co., Ltd. (Viet Fish One
Co., Ltd.)
—Viet Hai Seafood Co., Ltd. aka Vietnam
Fish One Co., Ltd. (‘‘Fish One’’)
—Vietnam Fish One Co., Ltd.
—Vietnam Fish-One Co., Ltd.
38. —Viet I-Mei Frozen Foods Co. Ltd (‘‘Viet
I-Mei’’)
—Viet I-Mei Frozen Foods Co., Ltd.
39. —Vietnam Clean Seafood Corporation
(‘‘Vina Cleanfood’’)
—Vietnam Clean Seafood Corporation
(Vina Cleanfood)
40. —Xi Nghiep Che Bien Thuy Suc San Xuat
Kau Cantho
orders on Oil Country Tubular Goods
from India (A–533–857; C–533–858),
Turkey (A–489–816; C–489–817),
Vietnam (A–552–817) and Republic of
Korea (A–580–870).
This notice serves to correct the June
2019 Advance Sunset Reviews Notice
for the aforementioned items.
DATES: Applicable May 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs and Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION: With
respect to these Sunset Reviews,
Commerce is advancing their initiation
from August to June 2019 to coincide
with the initiation of the companion
Sunset Reviews being conducted by the
U.S. International Trade Commission, as
well as with Commerce’s initiation of
the Sunset Review for the companion
Ukrainian case (A–823–815), which was
already scheduled to be initiated on
June 2019.
This correction notice for the advance
notification of sunset reviews is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218
(c).
[FR Doc. 2019–11396 Filed 5–30–19; 8:45 am]
BILLING CODE 3510–DS–P
Dated: May 23, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–11398 Filed 5–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
Advance Notification of Sunset
Review; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 1, 2019, the
Department of Commerce (Commerce)
published the notice Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Advance
Notification of Sunset Reviews, (May 1,
2019) (June 2019 Advance Sunset
Reviews Notice), in which Commerce
inadvertently listed Carbon And Certain
Alloy Steel Wire Rod from Brazil (A–
351–832) twice and omitted Carbon And
Certain Alloy Steel Wire Rod from
Mexico (A–201–830). Commerce has
also advanced the initiation date of the
antidumping and countervailing duty
AGENCY:
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National Oceanic and Atmospheric
Administration
RIN 0648–XX001
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; General
Provisions for Domestic Fisheries;
Application for Exempted Fishing
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
from the University of Connecticut
contains all of the required information
and warrants further consideration.
SUMMARY:
E:\FR\FM\31MYN1.SGM
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Agencies
[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Notices]
[Pages 25238-25240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11396]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Partial Rescission of Antidumping Duty Administrative Review;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding, in part,
the administrative review of the antidumping duty order on certain
frozen warmwater shrimp from the Socialist Republic of Vietnam
(Vietnam) for the period February 1, 2018, through January 31, 2019.
DATES: Applicable May 31, 2019.
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
On May 2, 2019, based on timely requests for review for 107
companies by the Ad Hoc Shrimp Trade Action Committee (the
petitioner),\1\ 185 companies by the American Shrimp Processors
Association (ASPA),\2\ and various Vietnamese companies,\3\ Commerce
published in the Federal Register a notice of initiation of an
administrative review of the
[[Page 25239]]
antidumping duty order on certain frozen warmwater shrimp from Vietnam
covering the period February 1, 2018, through January 31, 2019.\4\
---------------------------------------------------------------------------
\1\ See the Petitioner's Request for Administrative Review,
dated February 27, 2019.
\2\ See ASPA's Request for Administrative Review, dated February
27, 2019.
\3\ See, e.g., VASEP's submission, ``Request for Administrative
Review (02/01/18-01/31/19),'' dated February 26, 2019; Soc Trang
Seafood Seafood Joint Stock Company's ``Request for Review,'' dated
February 11, 2019.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation
Notice).
---------------------------------------------------------------------------
On April 25, 2019, Vietnam Fish One Co., Ltd. withdrew its review
request.\5\ On May 3, 2019, the petitioner and ASPA withdrew their
respective review requests, in part.\6\ On May 3, 2019, various
Vietnamese exporters also withdrew their respective review requests.\7\
All interested parties that withdrew their requests for review of
companies also included those companies' name variations, as listed in
the Initiation Notice and the attached Appendix. All review requests
for the company names listed in the Appendix have been withdrawn; no
other party requested a review of these exporters.
---------------------------------------------------------------------------
\5\ See Fish One Letter, ``Withdrawal of Review Request: Fish
One,'' dated April 25, 2019.
\6\ See the Petitioner's Submission, ``Domestic Producers'
Partial Withdrawal of Review Requests,'' dated May 3, 2019; ASPA's
Submission, ``Partial Withdrawal of Review Requests,'' dated May 3,
2019. On May 8, 2019, both the petitioner and ASPA filed additional
withdrawal letters to include additional trade names that were
inadvertently omitted from their initial withdrawal letters. The
petitioner withdrew its requests for review covering 38 companies
including name iterations. ASPA withdrew its requests for review
covering 85 companies including name iterations.
\7\ See Khanh Sung Company Ltd. Submission, ``Withdrawal of
Request for Administrative Review,'' dated May 3, 2019; Ngoc Tri
Joint Stock Company and Tai Kim Seafood Joint Stock Company's
Submission, ``Withdrawal of Review Request, dated May 3, 2019; VASEP
Submission, ``Withdrawal of Review Requests,'' dated May 3, 2019 (on
behalf of 17 exporters and their additional trade names); Trade
Pacific Submission, ``Withdrawal of Request for Administrative
Review,'' dated May 6, 2019 (on behalf of two exporters and their
additional trade names). A total of 23 Vietnamese exporters,
including name iterations, withdrew their respective review
requests.
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. Because the
petitioner, ASPA, and the individual companies all withdrew their
requests for administrative review within 90 days of the date of
publication of the Initiation Notice, and no other interested party
requested a review of these companies, Commerce is rescinding this
review with respect to the companies identified in the Appendix, in
accordance with 19 CFR 351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries at a rate equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the
period February 1, 2018, through January 31, 2019, in accordance with
19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate
assessment instructions to CBP 15 days after the publication of this
notice in the Federal Register, if appropriate.
Notifications
This notice 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
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(a)(3), 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 notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: May 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Companies Rescinded From Review
1. --Bac Lieu Fisheries Joint Stock Company
--Bac Lieu Fisheries Joint Stock Company (``Bac Lieu Fis'')
--Bac Lieu Fisheries Joint Stock Company (Bac Lieu Fis)
--Bac Lieu Fisheries JSC
2. --Ben Tre Forestry and Aquaproduct Import-Export Joint Stock
Company (``Faquimex'')
--Ben Tre Forestry and Aquaproduct ImportExport Joint Stock
Company (FAQUIMEX)
--Ben Tre Forestry and Aquaproduct Import-Export Joint Stock
Company (FAQUIMEX)
--Bentre Aquaproduct Import & Export Joint Stock Company
--Bentre Aquaproduct Import & Export Joint Stock Company
(Aquatex Bentre)
3. --C.P. Vietnam Corporation
4. --Ca Mau Frozen Seafood Joint Stock Company (``Seaprimexco
Vietnam'')
--Ca Mau Seafood Joint Stock Company (``Seaprimexco Vietnam'')
--Ca Mau Seafood Joint Stock Company (Seaprimexco Vietnam)
--Seaprimexco Vietnam
5. --Cafatex Corporation
6. --Camau Frozen Seafood Processing Import Export Corporation
(Camimex)
--Camau Frozen Seafood Processing Import-Export Corporation
(``Camimex'')
7. --Camau Seafood and Service Joint Stock Company (``CASES'')
--Camau Seafood and Service Joint Stock Company (Cases)
--Camau Seafood Processing and Service Joint Stock Corporation
(and its affiliates, Kien Giang Branch--Camau Seafood Processing &
Service Joint Stock Corporation, collectively ``CASES'')
--Camau Seafood Processing and Service Joint Stock Corporation
(and its affiliates, Kien Giang Branch--Camau Seafood Processing &
Service Joint Stock Corporation, collectively ``CASES'')
--Camau Seafood Processing and Service Joint Stock Corporation
(Cases)
--Camau Seafood Processing and Service Joint-Stock Corporation,
Kien Giang Branch.
8. --Can Tho Import Export Fishery Limited Company (``CAFISH'')
--Can Tho Import Export Fishery Limited Company (CAFISH)
9. --Cuulong Seaproducts Company (``Cuu Long Seapro'')
--Cuulong Seaproducts Company (``Cuulong Seapro'')
--Cuulong Seaproducts Company (Cuu Long Seapro)
--Cuulong Seaproducts Company (Cuulong Seapro)
10. --Frozen Seafoods Factory No. 32
11. --Hai Viet Corporation (``HAVICO'')
--Hai Viet Corporation (HAVICO)
12. --Hoang Phuong Seafood Factory
13. --Investment Commerce Fisheries Corporation (``Incomfish'')
--Investment Commerce Fisheries Corporation (Incomfish)
14. --Khanh Sung Co., Ltd
--Khanh Sung Co., Ltd (``Khanh Sung'')
--Khanh Sung Company, Ltd, (``Khanh Sung'')
15. --Kim Anh Co., Ltd.
--Kim Anh Co., Ltd. (``Kim Anh'')
--Kim Anh Company Limited
16. --Minh Hai Export Frozen Seafood Processing Joint-Stock Company
(``Minh Hai Jostoco'')
--Minh Hai Export Frozen Seafood Processing Joint-Stock Company
(Minh Hai Jostoco)
17. --Minh Hai Joint-Stock Seafoods
[[Page 25240]]
Processing Company
--Minh Hai Joint-Stock Seafoods Processing Company (``Seaprodex
Minh Hai'')
--Minh Hai Joint-Stock Seafoods Processing Company (Seaprodex
Minh Hai)
--Sea Minh Hai
--Seaprodex Minh Hai
18. --My Son Seafoods Factory
19. --Nam Hai Foodstuff and Export Company Ltd
20. --Ngoc Tri Seafood Joint Stock Company
--Ngoc Tri Seafood Joint Stock Company (``Ngoc Tri'')
21. --Nha Trang Seafoods
--Nha Trang Seaproduct Company
--Nha Trang Seaproduct Company (and its affiliates NT Seafoods
Corporation, Nha Trang Seafoods--F.89 Joint Stock Company, NTSF
Seafoods Joint Stock Company (collectively ``Nha Trang Seafoods
Group''))
--Nha Trang Seaproduct Company (and its affiliates NT Seafoods
Corporation, Nha Trang Seafoods--F.86 Joint Stock Company, NTSF
Seafoods Joint Stock Company (collectively ``Nha Trang Seafoods
Group''))
--Nha Trang Seaproduct Company (Nha Trang Seafoods Group)
--NT Seafoods Corporation
--NTSF Seafoods Joint Stock Company
22. --QNL One Member Co., Ltd.
--QNL One Member Co., Ltd. (``QNL'')
23. --Quang Minh Seafood Co., Ltd.
--Quang Minh Seafood Co., Ltd. (``Quang Minh'')
24. --Sao Ta Foods Joint Stock Company
--Sao Ta Foods Joint Stock Company (``FIMEX VN'') (and its
factory ``Sao Ta Seafoods Factory'')
--Sao Ta Foods Joint Stock Company (FIMEX VN)
--Sao Ta Seafood Factory
--Fimex VN
25. --Seafoods and Foodstuff Factory
26. --Tacvan Frozen Seafood Processing Export Company
--Tacvan Frozen Seafood Processing Export Company (Tacvan
Seafoods Co.)
--Tacvan Seafoods Company (``TACVAN'')
--Tacvan Seafoods Company (TACVAN)
27. --Tai Kim Anh Seafood Joint Stock Corporation
--Tai Kim Anh Seafood Joint Stock Corporation (``TAIKA Seafood
Corporation'')
--Tai Kim Anh Seafood Joint Stock Corporation (TAIKA Seafood
Corporation)
--Taika Seafood Corporation
28. --Taydo Seafood Enterprise
29. --Thong Thuan--Cam Ranh Seafood Joint Stock Company
--Thong Thuan Cam Ranh Seafood Joint Stock Company (``T&T Cam
Ranh'')
--Thong Thuan Cam Ranh Seafood Joint Stock Company (T&T Cam
Ranh)
--Thong Thuan--Cam Ranh Seafood Joint Stock Company (T&T Cam
Ranh)
30. --Thong Thuan Company Limited
--Thong Thuan Company Limited (``T&T'')
--Thong Thuan Company Limited (T&T)
--Cong Ty Tnhh Thong Thuan (Thong Thuan)
31. --Thong Thuan Seafood Company Limited
32. --Thuan Phuoc Seafoods and Trading Corporation
--Thuan Phuoc Seafoods and Trading Corporation (``Thuan Phuoc
Corp'')
--Thuan Phuoc Seafoods and Trading Corporation and its separate
factories Frozen Seafoods Factory No. 32, Seafoods and Foodstuff
Factory, and My Son Seafoods Factory (collectively ``Thuan Phuoc
Corp.'')
33. --Trang Khanh Seafood Co., Ltd.
--Trang Khanh Seafood Company Limited
34. --Trung Son Seafood Processing Joint Stock Company
35. --UTXI Aquatic Products Processing Company
--UTXI Aquatic Products Processing Company (UTXICO)
--UTXI Aquatic Products Processing Corporation (``UTXICO'') (and
its branch Hoang Phuong Seafood Factory and Hoang Phong Seafood
Factory)
--UTXI Aquatic Products Processing Corporation (UTXICO)
36. --Viet Foods Co., Ltd.
--Viet Foods Co., Ltd. (``Viet Foods'')
--Viet Foods Co., Ltd. (Viet Foods)
37. --Viet Hai Seafood Co., Ltd.
--Viet Hai Seafood Co., Ltd. (Viet Fish One Co., Ltd.)
--Viet Hai Seafood Co., Ltd. aka Vietnam Fish One Co., Ltd.
(``Fish One'')
--Vietnam Fish One Co., Ltd.
--Vietnam Fish-One Co., Ltd.
38. --Viet I-Mei Frozen Foods Co. Ltd (``Viet I-Mei'')
--Viet I-Mei Frozen Foods Co., Ltd.
39. --Vietnam Clean Seafood Corporation (``Vina Cleanfood'')
--Vietnam Clean Seafood Corporation (Vina Cleanfood)
40. --Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho
[FR Doc. 2019-11396 Filed 5-30-19; 8:45 am]
BILLING CODE 3510-DS-P