Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Determination of No Shipments of Antidumping Duty Administrative Review; 2018-2019, 64457-64459 [2019-25374]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (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/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and
Compliance.
Appendix
[FR Doc. 2019–25376 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Final Determination of No Shipments
In the Preliminary Results, Commerce
found that (1) BIM Foods Joint Stock
Company, (2) Camranh Seafoods Co.,
Ltd, and (3) Vinh Hoan Corp.4 did not
khammond on DSKJM1Z7X2PROD with NOTICES
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results and Final
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) determines that no
companies under review qualify for a
separate rate, and that these companies
are therefore considered part of the
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16:57 Nov 21, 2019
Jkt 250001
Background
On September 12, 2019, Commerce
published in the Federal Register the
Preliminary Results 1 of the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(Vietnam). This review covers 73
companies preliminarily determined to
be part of the Vietnam-wide entity and
three companies preliminarily
determined to have no reviewable
transactions during the POR. We invited
parties to comment on the Preliminary
Results.2 No interested party submitted
case briefs in the instant review.
Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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 remains
dispositive.3
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue: Certification of
No Shipments
V. Recommendation
AGENCY:
Vietnam-wide entity. The period of
review (POR) is February 1, 2018
through January 31, 2019.
DATES: Applicable November 22, 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:
1 See 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, 84 FR 48109
(September 12, 2019) (Preliminary Results).
2 Id.
3 For a complete description of the scope of the
order, see Appendix I.
4 See Preliminary Results, 84 FR at 48110.
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64457
have any reviewable transactions during
the POR. As we have not received any
information to contradict this
preliminary finding, Commerce
determines that these three companies
did not have any reviewable entries of
subject merchandise during the POR,
and will issue appropriate instructions
that are consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.
Final Results of the Review
As no parties submitted comments
regarding the Preliminary Results,
Commerce made no changes to its
determinations for the final results of
this review. For these final results,
Commerce continues to find that the
four selected mandatory respondents 5
did not respond to the questionnaire;
thus, they have not established
eligibility for a separate rate. Further,
Commerce continues to find that 73
companies under review, including the
four mandatory respondents, are part of
the Vietnam-wide entity, and are thus
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 its analysis to
parties in this review within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, here Commerce only applied
the Vietnam-wide rate, established in
the underlying investigation, to the 73
companies identified in Appendix II.6
Thus, there are no calculations to
disclose.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
5 The four companies selected for individual
examination are: (1) Cadovimex Seafood ImportExport & Processing Joint-Stock Company; (2)
Phuong Nam Co., Ltd.; (3) New Generation Seafood
Joint Stock Company; and (4) Viet Asia Foods
Company Limited.
6 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 . . .’’).
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64458
Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
With regard to the companies
identified in Appendix II as part of the
Vietnam-wide entity, we will instruct
CBP to apply an ad valorem assessment
rate of 25.76 percent to all entries of
subject merchandise during the POR
which were exported by those
companies. Additionally, consistent
with Commerce’s assessment practice in
non-market economy (NME) cases, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.7
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; (2) for previously investigated
or reviewed Vietnam and non-Vietnam
exporters, not listed in this notice, that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; and (3)
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.
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Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
7 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Administrative Protective Order (APO)
This notice also serves as a final
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, 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: November 18, 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
tail-off,8 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
8 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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,
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.9
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 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 (ITC)
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.
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
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.
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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.
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. 2019–25374 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–888]
Certain Carbon and Alloy Steel Cut-ToLength Plate From the Republic of
Korea: Notice of Court Decision Not in
Harmony With Final Countervailing
Duty Determination, and Notice of
Amended Final Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 8, 2019, the
United States Court of International
Trade (Court) sustained the final
remand results pertaining to the
countervailing duty (CVD) investigation
on certain carbon and alloy steel cut-tolength (CTL) plate from the Republic of
Korea (Korea) covering the period
January 1, 2015 through December 31,
2015. The Department of Commerce
AGENCY:
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64459
(Commerce) is notifying the public that
the final judgment in this case is not in
harmony with the final determination of
the CVD investigation and that
Commerce is amending the final
determination with respect to the net
countervailable subsidy rates assigned
to POSCO and all other producers/
exporters not individually investigated.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3813.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2017, Commerce
published its Final Determination.1 In
the Final Determination, Commerce
calculated a net countervailable subsidy
rate of 4.31 percent for POSCO.2
On December 6, 2018, the Court
remanded various aspects of the Final
Determination to Commerce.3 In its
Remand Order, the Court upheld
Commerce’s application of adverse facts
available (AFA) to POSCO’s crossowned company POSCO M-Tech’s
unreported additional government
subsidies, but remanded to the agency
for reconsideration its determination
that the assistance received by POSCO
M-Tech was countervailable.4
Specifically, the Court held that
Commerce did not sufficiently justify its
application of AFA in making its benefit
and specificity findings regarding this
program.5
Separately, the Court held that
Commerce did not ‘‘evaluate the
application of the highest available AFA
rates’’ as required by section 776(d)(2) of
the Tariff Act of 1930, as amended (the
Act).6 Accordingly, it remanded the
Final Determination to Commerce for
reconsideration of ‘‘why the highest
available rate should apply to
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from the Republic of Korea: Final
Affirmative Countervailing Duty Determination and
Final Negative Critical Circumstances
Determination, 82 FR 16341 (April 4, 2017) (Final
Determination), and accompanying Issues and
Decision Memorandum.
2 See Final Determination, 82 FR at 16342; see
also Memorandum, ‘‘Countervailing Duty
Investigation: Certain Carbon and Alloy Steel CutTo-Length Plate from the Republic of Korea: Final
Determination Calculation Memorandum for
POSCO,’’ dated March 29, 2017.
3 See POSCO v. United States, 353 F. Supp. 3d
1357 (CIT 2018) (Remand Order).
4 Id. at 1374, 1376.
5 Id. at 1374.
6 Id. at 1374 and 1382–83.
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64457-64459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25374]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results and Final 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) 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.
DATES: Applicable November 22, 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 September 12, 2019, Commerce published in the Federal Register
the Preliminary Results \1\ of the administrative review of the
antidumping duty order on certain frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam). This review covers 73
companies preliminarily determined to be part of the Vietnam-wide
entity and three companies preliminarily determined to have no
reviewable transactions during the POR. We invited parties to comment
on the Preliminary Results.\2\ No interested party submitted case
briefs in the instant review. Commerce conducted this administrative
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See 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, 84 FR 48109 (September 12, 2019)
(Preliminary Results).
\2\ Id.
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Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\3\
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\3\ For a complete description of the scope of the order, see
Appendix I.
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Final Determination of No Shipments
In the Preliminary Results, Commerce found that (1) BIM Foods Joint
Stock Company, (2) Camranh Seafoods Co., Ltd, and (3) Vinh Hoan
Corp.\4\ did not have any reviewable transactions during the POR. As we
have not received any information to contradict this preliminary
finding, Commerce determines that these three companies did not have
any reviewable entries of subject merchandise during the POR, and will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 84 FR at 48110.
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Final Results of the Review
As no parties submitted comments regarding the Preliminary Results,
Commerce made no changes to its determinations for the final results of
this review. For these final results, Commerce continues to find that
the four selected mandatory respondents \5\ did not respond to the
questionnaire; thus, they have not established eligibility for a
separate rate. Further, Commerce continues to find that 73 companies
under review, including the four mandatory respondents, are part of the
Vietnam-wide entity, and are thus subject to the Vietnam-wide entity
rate of 25.76 percent (see Appendix II).
---------------------------------------------------------------------------
\5\ The four companies selected for individual examination are:
(1) Cadovimex Seafood Import-Export & Processing Joint-Stock
Company; (2) Phuong Nam Co., Ltd.; (3) New Generation Seafood Joint
Stock Company; and (4) Viet Asia Foods Company Limited.
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Disclosure and Public Comment
Normally, Commerce will disclose the calculations used in its
analysis to parties in this review within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, here Commerce only applied
the Vietnam-wide rate, established in the underlying investigation, to
the 73 companies identified in Appendix II.\6\ Thus, there are no
calculations to disclose.
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\6\ 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 . . .'').
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results of review.
[[Page 64458]]
With regard to the companies identified in Appendix II as part of
the Vietnam-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 25.76 percent to all entries of subject merchandise
during the POR which were exported by those companies. Additionally,
consistent with Commerce's assessment practice in non-market economy
(NME) cases, if Commerce determines that an exporter under review had
no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate.\7\
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\7\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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; (2) for previously
investigated or reviewed Vietnam and non-Vietnam exporters, not listed
in this notice, that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; and (3) 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.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final 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, 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: November 18, 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,\8\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\8\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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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,
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.\9\
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\9\ 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 (ITC) 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.
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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.
[[Page 64459]]
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. 2019-25374 Filed 11-21-19; 8:45 am]
BILLING CODE 3510-DS-P
