Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results, Partial Rescission, and Preliminary Determination of No Shipments, of Antidumping Duty Administrative Review; 2018-2019, 48109-48112 [2019-19793]

Download as PDF Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results, Partial Rescission, and Preliminary Determination of No Shipments, of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that no companies under review qualify for a separate rate and that these companies are, therefore, considered part of the Vietnam-Wide entity. The period of review (POR) is February 1, 2018 through January 31, 2019. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 12, 2019. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: AGENCY: Background jbell on DSK3GLQ082PROD with NOTICES On May 2, 2019, Commerce initiated an administrative review of certain frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam (Vietnam) 1 for 125 producers and exporters of subject merchandise.2 Based on timely withdrawals of review requests from the petitioner,3 ASPA,4 and various Vietnamese companies, Commerce rescinded this review, in part, with respect to a total of 48 companies, and their name variations, as identified in the Appendices of the First Partial Rescission and the Second Partial 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation Notice). 2 Id. While there were 217 individual names upon which we initiated an administrative review, the number of actual companies for which a review was initiated is 125 when accounting for numerous duplicate names and minor name variations of the same companies requested by multiple interested parties, or groupings of companies that have been collapsed and/or have been previously found affiliated. 3 Ad Hoc Shrimp Trade Action Committee (the petitioner). 4 American Shrimp Processors Association (ASPA). VerDate Sep<11>2014 17:27 Sep 11, 2019 Jkt 247001 Rescission, in accordance with 19 CFR 351.213(d)(1).5 On May 30, 2019, Trong Nhan Seafood Company Limited (Trong Nhan) withdrew its request for review.6 After the Second Partial Rescission, on June 18, 2019, the petitioner and ASPA withdrew their respective review requests for Trong Nhan.7 Consequently, there are no remaining requests for review of Trong Nhan on the record and Commerce intends to rescind this review with respect to Trong Nhan as discussed in ‘‘Partial Rescission of Review’’ below. The number of companies, accounting for duplicate names, including Trong Nhan, which have been rescinded from review is 49, leaving 76 companies under active review, three of which have claimed no shipments, as discussed below. Respondent Selection In the Initiation Notice, Commerce notified all interested parties that, ‘‘in the event Commerce limits the number of respondents {pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended (Act)}, for individual examination, for administrative reviews . . . Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR.’’ 8 Commerce placed CBP data on the record and invited comment from interested parties.9 No parties filed comments on the CBP data or the selection of respondents for individual examination. Thereafter, consistent with section 777(A)(c)(2) of the Act, on June 25, 2019, Commerce limited the number of respondents selected as mandatory respondents in this administrative review to the two largest companies by U.S. import entry volume for which a review has been requested and not rescinded: Cadovimex Seafood ImportExport & Processing Joint-Stock 5 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review; 2018– 2019, 84 FR 25238 (May 31, 2019) (First Partial Rescission); and Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review; 2018–2019, 84 FR 29172 (June 21, 2019) (Second Partial Rescission). 6 See Trong Nhan Seafood Company Limited’s Letter, ‘‘Withdrawal of Entry of Appearance and Review Request,’’ dated May 30, 2019. The petitioner and ASPA did not withdraw their respective review requests for Trong Nhan at the same time as Trong Nhan. 7 See Petitioner’s Letter, ‘‘Domestic Producers’ Partial Withdrawal of Review Requests,’’ dated June 18, 2019; and ASPA’s Letter, ‘‘Partial Withdrawal of Review Requests,’’ dated June 18, 2019. 8 See Initiation Notice, 84 FR at 18777. 9 See Memorandum, ‘‘Customs Data of U.S. Imports of Certain Frozen Warmwater Shrimp for Respondent Selection,’’ dated May 9, 2019. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 48109 Company (Cadovimex) 10 and Phuong Nam Co., Ltd. (Phuong Nam).11 Commerce issued its questionnaire to both companies, via FedEx, and confirmed delivery of the packages to the companies.12 Neither Cadovimex nor Phuong Nam responded to the Section A portion of the questionnaire by the established deadline of July 17, 2019, nor did they request extensions of this deadline. Because neither Cadovimex nor Phuong Nam responded to our questionnaire, Commerce determined to select two additional mandatory respondents, representing the next two largest exporters under active review, based on the CBP data on the record: New Generation Seafood Joint Stock Company (New Generation) and Viet Asia Foods Company Limited (Viet Asia).13 Commerce issued its questionnaire to New Generation and Viet Asia 14 on July 29, 2019. On July 30, 2019, New Generation timely withdrew its review request.15 However, because the petitioner and ASPA did not withdraw their respective review requests of New Generation, the administrative review will continue for New Generation.16 With regard to Viet Asia, the record shows that, according to FedEx tracking information, delivery of the questionnaire to Viet Asia was unsuccessful due to an ‘‘incorrect address.’’ 17 As the only information on the record with regard to Viet Asia’s address was contained within the petitioner’s request for administrative 10 Cadovimex withdrew its request for review on May 30, 2019. See Cadovimex’s Letter, ‘‘Withdrawal of Entry of Appearance and Review Request,’’ dated May 30, 2019. However, the petitioner and ASPA did not withdraw their requests for review of Cadovimex; thus, Cadovimex remains under active review. 11 See Memorandum, ‘‘Selection of Respondents for Individual Examination,’’ dated June 25, 2019 (Respondent Selection Memo). 12 See Memorandum, ‘‘NME AD Questionnaire Delivery Confirmations,’’ dated July 15, 2019. 13 See Memorandum, ‘‘Selection of Respondents for Individual Examination,’’ dated July 29, 2019. 14 As Viet Asia did not have counsel, we sent a hard-copy of the questionnaire via FedEx in addition to uploading it to ACCESS on July 29, 2019 (under ACCESS Barcode 3869876–01). 15 See New Generation’s Letter, ‘‘Withdrawal of Review Request,’’ dated July 30, 2019. 16 While New Generation submitted a separaterate application, Commerce subsequently selected New Generation for individual examination, which requires the company to complete the entire questionnaire for separate-rate eligibility. See Initiation Notice, 84 FR at 18778 (‘‘For exporters and producers who submit a separate-rate application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.’’). 17 See Memorandum, ‘‘NME AD Questionnaire Delivery Confirmation,’’ dated August 6, 2019, at Attachment 2. E:\FR\FM\12SEN1.SGM 12SEN1 48110 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices review,18 Viet Asia has no legal representation in this review, and Viet Asia did not retrieve the questionnaire from ACCESS,19 there is no other reasonable method with which Commerce could have served Viet Asia with the questionnaire. Notwithstanding these facts, Viet Asia remains subject to the review, of which it was notified via the Initiation Notice. Neither New Generation nor Viet Asia responded to the Section A portion of the questionnaire by the established deadline of August 19, 2019, nor did they request extensions of this deadline. 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, provided in Appendix I, remains dispositive.20 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 Trong Nhan 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 this company, Commerce is rescinding this review with respect Trong Nhan in accordance with 19 CFR 351.213(d)(1). Commerce will instruct 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 jbell on DSK3GLQ082PROD with NOTICES 18 See Petitioner’s Letter, ‘‘Request for Administrative Reviews,’’ dated February 27, 2019, at 7. 19 See Memorandum, ‘‘NME AD Delivery Confirmation,’’ dated August 20, 2019, at Attachment, identifying the parties that accessed Viet Asia’s questionnaire, none of whom were Viet Asia. 20 For a complete description of the Scope of the Order, see Appendix I. VerDate Sep<11>2014 17:27 Sep 11, 2019 Jkt 247001 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. Preliminary Determination of No Shipments Based on our analysis of CBP information and information provided by BIM Foods Joint Stock Company (BIM), (2) Camranh Seafoods Co., Ltd. (Camranh), and (3) Vinh Hoan Corp. (Vinh Hoan) 21 and CBP’s confirmation of no shipments 22 for these three companies, we preliminarily determine that these companies did not have any reviewable transactions during the POR. In addition, Commerce finds that, consistent with its assessment practice in non-market economy (NME) cases, it is appropriate not to rescind the review, in part, in these circumstances, but rather to complete the review with respect to these three companies and issue appropriate instructions to CBP based on the final results of the review. Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Act. Because the four selected mandatory respondents in this administrative review have not responded to the questionnaire, we preliminarily determine that they are ineligible for a separate rate and are part of the Vietnam-Wide entity, subject to the Vietnam-Wide entity rate of 25.76 percent. Vietnam-Wide Entity Commerce finds that 73 companies (see Appendix II), including the four companies selected for individual examination, under active review have not established eligibility for a separate rate and are considered to be part of the Vietnam-wide entity for these preliminary results.23 Commerce’s policy regarding conditional review of the Vietnam-wide entity applies to this administrative review.24 Under this policy, the Vietnam-wide entity will not be under review unless a party 21 See BIM’s Letter, ‘‘No Shipment Certification,’’ dated May 7, 2019; Vinh Hoan Submission, ‘‘No Shipment Certification,’’ dated May 13, 2019; and Camranh Submission, ‘‘Notice of No Shipments,’’ dated June 3, 2019. 22 See Memorandum, ‘‘No Shipment Inquiry Results,’’ dated July 2, 2019. 23 See Appendix II for a full list of the 73 companies (accounting for duplicate names initiated upon). 24 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 specifically requests, or Commerce selfinitiates, 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 of 25.76 percent is not subject to change. Preliminary Results of Review Commerce finds that the four selected mandatory respondents did not respond to the questionnaire; thus, they have not established eligibility for a separate rate. Based on the above information, Commerce has not calculated any dumping margins for any companies under review, nor has Commerce granted separate rates to any companies under active review. As discussed above, Commerce has preliminarily determined that 73 companies under review, including the four mandatory respondents, to the Vietnam-wide entity, are subject to the Vietnam-wide entity rate of 25.76 percent (see Appendix II). Disclosure and Public Comment Normally, Commerce will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, here Commerce only applied the Vietnam-Wide rate, which was established in the underlying investigation, to the 73 companies identified in Appendix II.25 Thus, there are no calculations to disclose. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the publication of these preliminary results, and rebuttal comments within five days after the time limit for filing case briefs. 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.26 Rebuttal briefs must be limited to issues raised in the case briefs.27 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. 25 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, 71008 (December 8, 2004) and accompanying Issues and Decision Memorandum at Comments 6 and 10C (‘‘we have applied a rate of 25.76 percent, a rate calculated in the initiation stage of the investigation from information provided in the petition . . .’’). 26 See 19 CFR 351.309(c) and (d). 27 See 19 CFR 351.309(d)(2). E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices 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.28 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, within 120 days of publication of these preliminary results in the Federal Register, unless this deadline is extended. jbell on DSK3GLQ082PROD with NOTICES 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.29 Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. 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.30 For the final results, if we continue to treat the 73 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 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 28 See 19 CFR 351.310(d). 29 See 19 CFR 351.212(b). 30 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 17:27 Sep 11, 2019 Jkt 247001 publication date, as provided by sections 751(a)(2)(C) of the Act: (1) 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 (2) 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 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. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to 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. Notification to Interested Parties 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: September 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Order The scope of the order includes certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 48111 tail-off,31 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of the order, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTS’’), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of the order. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of the order. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and (7) certain battered shrimp. Battered shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to individually quick frozen (‘‘IQF’’) freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classified under the following HTS subheadings: 0306.17.00.03, 0306.17.00.06, 31 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\12SEN1.SGM 12SEN1 48112 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices 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. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive.32 Appendix II jbell on DSK3GLQ082PROD with NOTICES Companies Subject To Review Determined To Be Part of the Vietnam-Wide Entity 1. A & CDN Foods Co., Ltd. 2. Amanda Seafood Co., Ltd. 3. An Huy B.T Co. Ltd. 4. Anh Koa Seafood 5. Anh Minh Quan Joint Stock Company 6. Asia Food Stuffs Import Export Co., Ltd. 7. B.O.P Company Limited 8. B.O.P. Limited Co. 9. Binh Dong Fisheries Joint Stock Company 10. Binh Thuan Import–Export Joint Stock Company (THAIMEX) 11. Ca Mau Agricultural Products and Foodstuff Imp-Exp Joint Stock Company (Agrimexco Camau) 12. Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘Cadovimex’’) Cadovimex Seafood Import-Export and Processing Joint Stock Company (Cadovimex) Cai Doi Vam Seafood Import-Export Co. (‘‘CADOVIMEX’’) 13. Cholimex Food Joint Stock Company 14. CJ Cau Tre Foods Joint Stock Company 15. CJ Freshway (FIDES Food System Co., Ltd.) 16. Coastal Fisheries Development Corporation (‘‘COFIDEC’’) 17. Cty Tnhh Anh Khoa Seafood 18. Danang Seaproducts Import-Export Corporation (SEADANANG) 19. Dong Do Profo., Ltd. 20. Dong Hai Seafood Limited Company 21. Dong Phuong Seafood Co., Ltd. 22. Duc Cuong Seafood Trading Co., Ltd. 23. Fine Foods Company (FFC) Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint Stock Company) 24. Gallant Dachan Seafood Co., Ltd. 25. Gallant Ocean (Vietnam) Co., Ltd. Gallant Ocean Viet Nam Co., Ltd. 26. Green Farms Joint Stock Company Green Farms Seafood Joint Stock Company Green Farms Seafoods Joint Stock Company 27. Ha Cat A International Co., Ltd. 32 On April 26, 2011, Commerce amended the order to include dusted shrimp, pursuant to the U.S. Court of International Trade (CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International Trade Commission (USITC) determination, which found the domestic like product to include dusted shrimp. See Certain Frozen Warmwater Shrimp from Brazil, India, the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010); and Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam (Investigation Nos. 731–TA–1063, 1064, 1066–1068 (Review), USITC Publication 4221, March 2011. VerDate Sep<11>2014 17:27 Sep 11, 2019 Jkt 247001 28. Hanh An Trading Service Co., Ltd. 29. Hanoi Seaproducts Import & Export Joint Stock Corporation (Seaprodex Hanoi) 30. Hoa Trung Seafood Corporation (HSC) 31. Hong Ngoc Seafood Co., Ltd. 32. Hung Bang Co., Ltd. 33. HungHau Agricultural Joint Stock Company 34. Huynh Huong Seafood Processing 35. Huynh Huong Trading and Import-Export Joint Stock Company 36. JK Fish Co., Ltd. 37. Kaiyo Seafood Joint Stock Company 38. Khai Minh Trading Investment Corporation 39. Khanh Hoa Seafoods Exporting Company (KHASPEXCO) 40. Lam Son Import-Export Foodstuff Company Limited (Lamson Fimexco) Lam Son Import-Export Foodstuffs Corporation 41. Long Toan Frozen Aquatic Products Joint Stock Company 42. Minh Bach Seafood Company (Minh Binh Seafood Foods Co., Ltd.) Minh Bach Seafood Company Limited 43. Minh Cuong Seafood Import Export Processing Joint Stock Company (‘‘MC Seafood’’) Minh Cuong Seafood Import-Export Processing (‘‘MC Seafood’’) 44. Minh Phu Seafood Corporation 45. Namcan Seaproducts Import Export Joint Stock Company (Seanamico) 46. New Generation Seafood Joint Stock Company New Generation Seafood Joint Stock Company (‘‘New Generation’’) 47. New Wind Seafood Co., Ltd. 48. Nha Trang Fisheries Joint Stock Company Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) 49. Nhat Duc Co., Ltd. 50. Nigico Co., Ltd. 51. Phu Cuong Jostoco Corp. Phu Cuong Jostoco Seafood Corporation 52. Phu Minh Hung Seafood Joint Stock Company 53. Phuong Nam Foodstuff Corp. Phuong Nam Foodstuff Corp., Ltd. 54. Quoc Ai Seafood Processing Import Export Co., Ltd. 55. Quoc Toan Seafood Processing Factory (Quoc Toan PTE) 56. Quy Nhon Frozen Seafoods Joint Stock Company 57. Saigon Aquatic Product Trading Joint Stock Company (APT Co.) 58. Saigon Food Joint Stock Company 59. Seafood Joint Stock Company No.4 60. South Ha Tinh Seaproducts ImportExport Joint Stock Company 61. Special Aquatic Products Joint Stock Company (SEASPIMEX VIETNAM) 62. T & P Seafood Company Limited 63. Tai Nguyen Seafood Co., Ltd. 64. Tan Phong Phu Seafood Co., Ltd. (‘‘TPP Co., Ltd.’’) Tan Phong Phu Seafood Co., Ltd. (TPP Co. Ltd.) 65. Tan Thanh Loi Frozen Food Co., Ltd. 66. Thien Phu Export Seafood Processing Company Limited 67. Thinh Hung Co., Ltd. 68. Trang Corporation (Vietnam) 69. Trang Khan Seafood Co., Ltd. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 70. Viet Asia Foods Co., Ltd. 71. Viet Nam Seaproducts—Joint Stock Company 72. Viet Phu Foods and Fish Corp. 73. Viet Shrimp Export Processing Joint Stock Company [FR Doc. 2019–19793 Filed 9–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017–2018 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce SUMMARY: The Department of Commerce (Commerce) preliminarily finds that exporters of polyethylene terephthalate film, sheet, and strip (PET film) from Taiwan did not sell subject merchandise at prices below normal value (NV). Interested parties are invited to comment on these preliminary results. DATES: Applicable September 12, 2019. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482– 5255, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 3, 2018, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the AD Order on PET film from Taiwan.1 Nan Ya Plastics Corporation (Nan Ya) self-requested an administrative review of its sales on July 23, 2018.2 On July 27, 2018, and July 31, 2018, Polyplex USA LLC (Polyplex USA), a domestic producer and interested party, and the petitioners,3 each requested reviews of Nan Ya and Shinkong Materials Technology Corporation (SMTC).4 On September 10, 1 See Antidumping or Countervailing Duty Order, Finding or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 31121 (July 3, 2018) (Order). 2 See Nan Ya’s Letter, ‘‘Polyethylene Terephthalate (PET) Film from Taiwan,’’ dated July 23, 2018. 3 The petitioners are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc. 4 See Polyplex USA’s Letter, ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48109-48112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19793]



[[Page 48109]]

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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, Partial Rescission, and Preliminary 
Determination of No Shipments, of Antidumping Duty Administrative 
Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that no companies under review qualify for a separate rate and that 
these companies are, therefore, considered part of the Vietnam-Wide 
entity. The period of review (POR) is February 1, 2018 through January 
31, 2019. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 12, 2019.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce initiated an administrative review of 
certain frozen warmwater shrimp (shrimp) from the Socialist Republic of 
Vietnam (Vietnam) \1\ for 125 producers and exporters of subject 
merchandise.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \2\ Id. While there were 217 individual names upon which we 
initiated an administrative review, the number of actual companies 
for which a review was initiated is 125 when accounting for numerous 
duplicate names and minor name variations of the same companies 
requested by multiple interested parties, or groupings of companies 
that have been collapsed and/or have been previously found 
affiliated.
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    Based on timely withdrawals of review requests from the 
petitioner,\3\ ASPA,\4\ and various Vietnamese companies, Commerce 
rescinded this review, in part, with respect to a total of 48 
companies, and their name variations, as identified in the Appendices 
of the First Partial Rescission and the Second Partial Rescission, in 
accordance with 19 CFR 351.213(d)(1).\5\
---------------------------------------------------------------------------

    \3\ Ad Hoc Shrimp Trade Action Committee (the petitioner).
    \4\ American Shrimp Processors Association (ASPA).
    \5\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Partial Rescission of Antidumping Duty 
Administrative Review; 2018-2019, 84 FR 25238 (May 31, 2019) (First 
Partial Rescission); and Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Partial Rescission of Antidumping 
Duty Administrative Review; 2018-2019, 84 FR 29172 (June 21, 2019) 
(Second Partial Rescission).
---------------------------------------------------------------------------

    On May 30, 2019, Trong Nhan Seafood Company Limited (Trong Nhan) 
withdrew its request for review.\6\ After the Second Partial 
Rescission, on June 18, 2019, the petitioner and ASPA withdrew their 
respective review requests for Trong Nhan.\7\ Consequently, there are 
no remaining requests for review of Trong Nhan on the record and 
Commerce intends to rescind this review with respect to Trong Nhan as 
discussed in ``Partial Rescission of Review'' below. The number of 
companies, accounting for duplicate names, including Trong Nhan, which 
have been rescinded from review is 49, leaving 76 companies under 
active review, three of which have claimed no shipments, as discussed 
below.
---------------------------------------------------------------------------

    \6\ See Trong Nhan Seafood Company Limited's Letter, 
``Withdrawal of Entry of Appearance and Review Request,'' dated May 
30, 2019. The petitioner and ASPA did not withdraw their respective 
review requests for Trong Nhan at the same time as Trong Nhan.
    \7\ See Petitioner's Letter, ``Domestic Producers' Partial 
Withdrawal of Review Requests,'' dated June 18, 2019; and ASPA's 
Letter, ``Partial Withdrawal of Review Requests,'' dated June 18, 
2019.
---------------------------------------------------------------------------

Respondent Selection

    In the Initiation Notice, Commerce notified all interested parties 
that, ``in the event Commerce limits the number of respondents 
{pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended 
(Act){time} , for individual examination, for administrative reviews . 
. . Commerce intends to select respondents based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports during the POR.'' \8\ 
Commerce placed CBP data on the record and invited comment from 
interested parties.\9\ No parties filed comments on the CBP data or the 
selection of respondents for individual examination. Thereafter, 
consistent with section 777(A)(c)(2) of the Act, on June 25, 2019, 
Commerce limited the number of respondents selected as mandatory 
respondents in this administrative review to the two largest companies 
by U.S. import entry volume for which a review has been requested and 
not rescinded: Cadovimex Seafood Import-Export & Processing Joint-Stock 
Company (Cadovimex) \10\ and Phuong Nam Co., Ltd. (Phuong Nam).\11\ 
Commerce issued its questionnaire to both companies, via FedEx, and 
confirmed delivery of the packages to the companies.\12\ Neither 
Cadovimex nor Phuong Nam responded to the Section A portion of the 
questionnaire by the established deadline of July 17, 2019, nor did 
they request extensions of this deadline.
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 84 FR at 18777.
    \9\ See Memorandum, ``Customs Data of U.S. Imports of Certain 
Frozen Warmwater Shrimp for Respondent Selection,'' dated May 9, 
2019.
    \10\ Cadovimex withdrew its request for review on May 30, 2019. 
See Cadovimex's Letter, ``Withdrawal of Entry of Appearance and 
Review Request,'' dated May 30, 2019. However, the petitioner and 
ASPA did not withdraw their requests for review of Cadovimex; thus, 
Cadovimex remains under active review.
    \11\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated June 25, 2019 (Respondent Selection Memo).
    \12\ See Memorandum, ``NME AD Questionnaire Delivery 
Confirmations,'' dated July 15, 2019.
---------------------------------------------------------------------------

    Because neither Cadovimex nor Phuong Nam responded to our 
questionnaire, Commerce determined to select two additional mandatory 
respondents, representing the next two largest exporters under active 
review, based on the CBP data on the record: New Generation Seafood 
Joint Stock Company (New Generation) and Viet Asia Foods Company 
Limited (Viet Asia).\13\ Commerce issued its questionnaire to New 
Generation and Viet Asia \14\ on July 29, 2019. On July 30, 2019, New 
Generation timely withdrew its review request.\15\ However, because the 
petitioner and ASPA did not withdraw their respective review requests 
of New Generation, the administrative review will continue for New 
Generation.\16\ With regard to Viet Asia, the record shows that, 
according to FedEx tracking information, delivery of the questionnaire 
to Viet Asia was unsuccessful due to an ``incorrect address.'' \17\ As 
the only information on the record with regard to Viet Asia's address 
was contained within the petitioner's request for administrative

[[Page 48110]]

review,\18\ Viet Asia has no legal representation in this review, and 
Viet Asia did not retrieve the questionnaire from ACCESS,\19\ there is 
no other reasonable method with which Commerce could have served Viet 
Asia with the questionnaire. Notwithstanding these facts, Viet Asia 
remains subject to the review, of which it was notified via the 
Initiation Notice. Neither New Generation nor Viet Asia responded to 
the Section A portion of the questionnaire by the established deadline 
of August 19, 2019, nor did they request extensions of this deadline.
---------------------------------------------------------------------------

    \13\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated July 29, 2019.
    \14\ As Viet Asia did not have counsel, we sent a hard-copy of 
the questionnaire via FedEx in addition to uploading it to ACCESS on 
July 29, 2019 (under ACCESS Barcode 3869876-01).
    \15\ See New Generation's Letter, ``Withdrawal of Review 
Request,'' dated July 30, 2019.
    \16\ While New Generation submitted a separate-rate application, 
Commerce subsequently selected New Generation for individual 
examination, which requires the company to complete the entire 
questionnaire for separate-rate eligibility. See Initiation Notice, 
84 FR at 18778 (``For exporters and producers who submit a separate-
rate application or certification and subsequently are selected as 
mandatory respondents, these exporters and producers will no longer 
be eligible for separate rate status unless they respond to all 
parts of the questionnaire as mandatory respondents.'').
    \17\ See Memorandum, ``NME AD Questionnaire Delivery 
Confirmation,'' dated August 6, 2019, at Attachment 2.
    \18\ See Petitioner's Letter, ``Request for Administrative 
Reviews,'' dated February 27, 2019, at 7.
    \19\ See Memorandum, ``NME AD Delivery Confirmation,'' dated 
August 20, 2019, at Attachment, identifying the parties that 
accessed Viet Asia's questionnaire, none of whom were Viet Asia.
---------------------------------------------------------------------------

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, provided in Appendix I, 
remains dispositive.\20\
---------------------------------------------------------------------------

    \20\ For a complete description of the Scope of the Order, see 
Appendix I.
---------------------------------------------------------------------------

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 Trong Nhan 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 
this company, Commerce is rescinding this review with respect Trong 
Nhan in accordance with 19 CFR 351.213(d)(1). Commerce will instruct 
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.

Preliminary Determination of No Shipments

    Based on our analysis of CBP information and information provided 
by BIM Foods Joint Stock Company (BIM), (2) Camranh Seafoods Co., Ltd. 
(Camranh), and (3) Vinh Hoan Corp. (Vinh Hoan) \21\ and CBP's 
confirmation of no shipments \22\ for these three companies, we 
preliminarily determine that these companies did not have any 
reviewable transactions during the POR. In addition, Commerce finds 
that, consistent with its assessment practice in non-market economy 
(NME) cases, it is appropriate not to rescind the review, in part, in 
these circumstances, but rather to complete the review with respect to 
these three companies and issue appropriate instructions to CBP based 
on the final results of the review.
---------------------------------------------------------------------------

    \21\ See BIM's Letter, ``No Shipment Certification,'' dated May 
7, 2019; Vinh Hoan Submission, ``No Shipment Certification,'' dated 
May 13, 2019; and Camranh Submission, ``Notice of No Shipments,'' 
dated June 3, 2019.
    \22\ See Memorandum, ``No Shipment Inquiry Results,'' dated July 
2, 2019.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. Because the four selected mandatory 
respondents in this administrative review have not responded to the 
questionnaire, we preliminarily determine that they are ineligible for 
a separate rate and are part of the Vietnam-Wide entity, subject to the 
Vietnam-Wide entity rate of 25.76 percent.

Vietnam-Wide Entity

    Commerce finds that 73 companies (see Appendix II), including the 
four companies selected for individual examination, under active review 
have not established eligibility for a separate rate and are considered 
to be part of the Vietnam-wide entity for these preliminary 
results.\23\ Commerce's policy regarding conditional review of the 
Vietnam-wide entity applies to this administrative review.\24\ 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 of 25.76 
percent is not subject to change.
---------------------------------------------------------------------------

    \23\ See Appendix II for a full list of the 73 companies 
(accounting for duplicate names initiated upon).
    \24\ 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).
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce finds that the four selected mandatory respondents did not 
respond to the questionnaire; thus, they have not established 
eligibility for a separate rate. Based on the above information, 
Commerce has not calculated any dumping margins for any companies under 
review, nor has Commerce granted separate rates to any companies under 
active review. As discussed above, Commerce has preliminarily 
determined that 73 companies under review, including the four mandatory 
respondents, to the Vietnam-wide entity, are subject to the Vietnam-
wide entity rate of 25.76 percent (see Appendix II).

Disclosure and Public Comment

    Normally, Commerce will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here Commerce 
only applied the Vietnam-Wide rate, which was established in the 
underlying investigation, to the 73 companies identified in Appendix 
II.\25\ Thus, there are no calculations to disclose.
---------------------------------------------------------------------------

    \25\ 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, 71008 (December 8, 2004) and 
accompanying Issues and Decision Memorandum at Comments 6 and 10C 
(``we have applied a rate of 25.76 percent, a rate calculated in the
    initiation stage of the investigation from information provided 
in the petition . . .'').
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs no later than 30 days after the publication of these 
preliminary results, and rebuttal comments within five days after the 
time limit for filing case briefs. 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.\26\ Rebuttal briefs must be limited to issues 
raised in the case briefs.\27\
---------------------------------------------------------------------------

    \26\ See 19 CFR 351.309(c) and (d).
    \27\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------

    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.

[[Page 48111]]

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.\28\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \28\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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 is 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.\29\ Commerce intends to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. 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.\30\
---------------------------------------------------------------------------

    \29\ See 19 CFR 351.212(b).
    \30\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    For the final results, if we continue to treat the 73 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 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 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 (2) 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 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.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to 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.

Notification to Interested Parties

    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: September 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    The scope of the order includes certain frozen warmwater shrimp 
and prawns, whether wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\31\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \31\ ``Tails'' in this context means the tail fan, which 
includes the telson and the uropods.
---------------------------------------------------------------------------

    The frozen warmwater shrimp and prawn products included in the 
scope of the order, regardless of definitions in the Harmonized 
Tariff Schedule of the United States (``HTS''), are products which 
are processed from warmwater shrimp and prawns through freezing and 
which are sold in any count size.
    The products described above may be processed from any species 
of warmwater shrimp and prawns. Warmwater shrimp and prawns are 
generally classified in, but are not limited to, the Penaeidae 
family. Some examples of the farmed and wild-caught warmwater 
species include, but are not limited to, white-leg shrimp (Penaeus 
vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus 
chinensis), giant river prawn (Macrobrachium rosenbergii), giant 
tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus 
brasiliensis), southern brown shrimp (Penaeus subtilis), southern 
pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus 
curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp 
(Penaeus stylirostris), western white shrimp (Penaeus occidentalis), 
and Indian white prawn (Penaeus indicus).
    Frozen shrimp and prawns that are packed with marinade, spices 
or sauce are included in the scope of the order. In addition, food 
preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are also included in 
the scope of the order. Excluded from the scope are: (1) Breaded 
shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and 
prawns generally classified in the Pandalidae family and commonly 
referred to as coldwater shrimp, in any state of processing; (3) 
fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 
0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared 
meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; 
(6) canned warmwater shrimp and prawns (HTS subheading 
1605.20.10.40); and (7) certain battered shrimp. Battered shrimp is 
a shrimp-based product: (1) That is produced from fresh (or thawed-
from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer of 
rice or wheat flour of at least 95 percent purity has been applied; 
(3) with the entire surface of the shrimp flesh thoroughly and 
evenly coated with the flour; (4) with the non-shrimp content of the 
end product constituting between four and 10 percent of the 
product's total weight after being dusted, but prior to being 
frozen; and (5) that is subjected to individually quick frozen 
(``IQF'') freezing immediately after application of the dusting 
layer. When dusted in accordance with the definition of dusting 
above, the battered shrimp product is also coated with a wet viscous 
layer containing egg and/or milk, and par-fried. The products 
covered by this order are currently classified under the following 
HTS subheadings: 0306.17.00.03, 0306.17.00.06,

[[Page 48112]]

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. These HTS subheadings are provided 
for convenience and for customs purposes only and are not 
dispositive, but rather the written description of the scope of this 
order is dispositive.\32\
---------------------------------------------------------------------------

    \32\ On April 26, 2011, Commerce amended the order to include 
dusted shrimp, pursuant to the U.S. Court of International Trade 
(CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United 
States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International 
Trade Commission (USITC) determination, which found the domestic 
like product to include dusted shrimp. See Certain Frozen Warmwater 
Shrimp from Brazil, India, the People's Republic of China, Thailand, 
and the Socialist Republic of Vietnam: Amended Antidumping Duty 
Orders in Accordance with Final Court Decision, 76 FR 23277 (April 
26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United 
States, 703 F. Supp. 2d 1330 (CIT 2010); and Frozen Warmwater Shrimp 
from Brazil, China, India, Thailand, and Vietnam (Investigation Nos. 
731-TA-1063, 1064, 1066-1068 (Review), USITC Publication 4221, March 
2011.
---------------------------------------------------------------------------

Appendix II

Companies Subject To Review Determined To Be Part of the Vietnam-Wide 
Entity

1. A & CDN Foods Co., Ltd.
2. Amanda Seafood Co., Ltd.
3. An Huy B.T Co. Ltd.
4. Anh Koa Seafood
5. Anh Minh Quan Joint Stock Company
6. Asia Food Stuffs Import Export Co., Ltd.
7. B.O.P Company Limited
8. B.O.P. Limited Co.
9. Binh Dong Fisheries Joint Stock Company
10. Binh Thuan Import-Export Joint Stock Company (THAIMEX)
11. Ca Mau Agricultural Products and Foodstuff Imp-Exp Joint Stock 
Company (Agrimexco Camau)
12. Cadovimex Seafood Import-Export and Processing Joint Stock 
Company (``Cadovimex'')
    Cadovimex Seafood Import-Export and Processing Joint Stock 
Company (Cadovimex)
    Cai Doi Vam Seafood Import-Export Co. (``CADOVIMEX'')
13. Cholimex Food Joint Stock Company
14. CJ Cau Tre Foods Joint Stock Company
15. CJ Freshway (FIDES Food System Co., Ltd.)
16. Coastal Fisheries Development Corporation (``COFIDEC'')
17. Cty Tnhh Anh Khoa Seafood
18. Danang Seaproducts Import-Export Corporation (SEADANANG)
19. Dong Do Profo., Ltd.
20. Dong Hai Seafood Limited Company
21. Dong Phuong Seafood Co., Ltd.
22. Duc Cuong Seafood Trading Co., Ltd.
23. Fine Foods Company (FFC)
    Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint 
Stock Company)
24. Gallant Dachan Seafood Co., Ltd.
25. Gallant Ocean (Vietnam) Co., Ltd.
    Gallant Ocean Viet Nam Co., Ltd.
26. Green Farms Joint Stock Company
    Green Farms Seafood Joint Stock Company
    Green Farms Seafoods Joint Stock Company
27. Ha Cat A International Co., Ltd.
28. Hanh An Trading Service Co., Ltd.
29. Hanoi Seaproducts Import & Export Joint Stock Corporation 
(Seaprodex Hanoi)
30. Hoa Trung Seafood Corporation (HSC)
31. Hong Ngoc Seafood Co., Ltd.
32. Hung Bang Co., Ltd.
33. HungHau Agricultural Joint Stock Company
34. Huynh Huong Seafood Processing
35. Huynh Huong Trading and Import-Export Joint Stock Company
36. JK Fish Co., Ltd.
37. Kaiyo Seafood Joint Stock Company
38. Khai Minh Trading Investment Corporation
39. Khanh Hoa Seafoods Exporting Company (KHASPEXCO)
40. Lam Son Import-Export Foodstuff Company Limited (Lamson Fimexco)
    Lam Son Import-Export Foodstuffs Corporation
41. Long Toan Frozen Aquatic Products Joint Stock Company
42. Minh Bach Seafood Company (Minh Binh Seafood Foods Co., Ltd.)
    Minh Bach Seafood Company Limited
43. Minh Cuong Seafood Import Export Processing Joint Stock Company 
(``MC Seafood'')
    Minh Cuong Seafood Import-Export Processing (``MC Seafood'')
44. Minh Phu Seafood Corporation
45. Namcan Seaproducts Import Export Joint Stock Company (Seanamico)
46. New Generation Seafood Joint Stock Company
    New Generation Seafood Joint Stock Company (``New Generation'')
47. New Wind Seafood Co., Ltd.
48. Nha Trang Fisheries Joint Stock Company
    Nha Trang Fisheries Joint Stock Company (``Nha Trang Fisco'')
49. Nhat Duc Co., Ltd.
50. Nigico Co., Ltd.
51. Phu Cuong Jostoco Corp.
    Phu Cuong Jostoco Seafood Corporation
52. Phu Minh Hung Seafood Joint Stock Company
53. Phuong Nam Foodstuff Corp.
    Phuong Nam Foodstuff Corp., Ltd.
54. Quoc Ai Seafood Processing Import Export Co., Ltd.
55. Quoc Toan Seafood Processing Factory (Quoc Toan PTE)
56. Quy Nhon Frozen Seafoods Joint Stock Company
57. Saigon Aquatic Product Trading Joint Stock Company (APT Co.)
58. Saigon Food Joint Stock Company
59. Seafood Joint Stock Company No.4
60. South Ha Tinh Seaproducts Import-Export Joint Stock Company
61. Special Aquatic Products Joint Stock Company (SEASPIMEX VIETNAM)
62. T & P Seafood Company Limited
63. Tai Nguyen Seafood Co., Ltd.
64. Tan Phong Phu Seafood Co., Ltd. (``TPP Co., Ltd.'')
    Tan Phong Phu Seafood Co., Ltd. (TPP Co. Ltd.)
65. Tan Thanh Loi Frozen Food Co., Ltd.
66. Thien Phu Export Seafood Processing Company Limited
67. Thinh Hung Co., Ltd.
68. Trang Corporation (Vietnam)
69. Trang Khan Seafood Co., Ltd.
70. Viet Asia Foods Co., Ltd.
71. Viet Nam Seaproducts--Joint Stock Company
72. Viet Phu Foods and Fish Corp.
73. Viet Shrimp Export Processing Joint Stock Company

[FR Doc. 2019-19793 Filed 9-11-19; 8:45 am]
 BILLING CODE 3510-DS-P