Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results, 22021-22022 [2021-08640]
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices
data, published by the United States
International Trade Commission’s
DataWeb, indicate that five countries
(Brazil, Canada, Germany, Romania, and
Sweden) exported softwood lumber to
the United States during that time
period in amounts sufficient to account
for at least one percent of U.S. imports
of softwood lumber products. We intend
to rely on similar previous six-month
periods to identify the countries subject
to future reports on softwood lumber
subsidies. For example, we will rely on
U.S. imports of softwood lumber and
softwood lumber products during the
period January 1, 2021, through June 30,
2021, to select the countries subject for
the next report.
Under U.S. trade law, a subsidy exists
where an authority: (i) Provides a
financial contribution; (ii) provides any
form of income or price support within
the meaning of Article XVI of the GATT
1994; or (iii) makes a payment to a
funding mechanism to provide a
financial contribution to a person, or
entrusts or directs a private entity to
make a financial contribution, if
providing the contribution would
normally be vested in the government
and the practice does not differ in
substance from practices normally
followed by governments, and a benefit
is thereby conferred.1
Parties should include in their
comments: (1) The country which
provided the subsidy; (2) the name of
the subsidy program; (3) a brief
description (no more than 3–4
sentences) of the subsidy program; and
(4) the government body or authority
that provided the subsidy.
Constitution Avenue NW, Washington,
DC 20230.
Dated: April 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–08639 Filed 4–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Notice of Court Decision Not
in Harmony With the Results of
Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 14, 2021, the U.S.
Court of International Trade (CIT)
issued its final judgment in Sao Ta
Foods Joint Stock Company et al. v.
United States, Consol. Court No. 18–
00205, sustaining the Department of
Commerce (Commerce)’s second
remand results pertaining to the
administrative review of the
antidumping duty (AD) order on certain
frozen warmwater shrimp (shrimp) from
the Socialist Republic of Vietnam
(Vietnam) covering the period February
1, 2016, through January 31, 2017.
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s Final Results
of the administrative review, and that
Commerce is amending the Final
Results with respect to the separate rate
(SR) status for Frozen Seafoods Factory
No. 32 and Seafoods and Foodstuff
Factory.
DATES: Applicable April 24, 2021.
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:
Submission of Comments
As specified above, to be assured of
consideration, comments must be
received no later than 30 days after the
publication of this notice in the Federal
Register. All comments must be
submitted through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2021–0002. The materials in the docket
will not be edited to remove identifying
or contact information, and Commerce
cautions against including any
information in an electronic submission
that the submitter does not want
publicly disclosed. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
formats only.
All comments should be addressed to
Ryan M. Majerus, Deputy Assistant
Secretary for Policy and Negotiations, at
U.S. Department of Commerce, 1401
Background
On September 14, 2018, Commerce
published its Final Results in the 2016–
2017 AD administrative review of
shrimp from Vietnam.1 In the Final
1 See section 771(5)(B) of the Tariff Act of 1930,
as amended.
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
VerDate Sep<11>2014
18:01 Apr 23, 2021
Jkt 253001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
22021
Results, Commerce determined in
relevant part that Frozen Seafoods
Factory No. 32 and Seafoods and
Foodstuff Factory were not ‘‘aka’’ or
trade names of Thuan Phuoc Seafoods
and Trading Corporation (Thuan Phuoc)
such that they were entitled to Thuan
Phuoc’s SR.2 As a result, Commerce
treated these two factories as part of the
Vietnam-wide entity and assigned them
the Vietnam-wide rate of 25.76 percent.3
Several interested parties, including
Thuan Phuoc, appealed Commerce’s
Final Results. On January 16, 2020, the
CIT found that Commerce’s denial of SR
status for Frozen Seafoods Factory No.
32 and Seafoods and Foodstuff Factory
was unsupported by substantial
evidence because Commerce failed to
consider certain information contained
in Thuan Phuoc’s separate-rate
certification (SRC) 4 suggesting that the
factories were divisions of Thuan
Phuoc, rather than distinct entities.5
The CIT, thus, ordered Commerce to
reconsider or further explain its
determination with respect Frozen
Seafoods Factory No. 32 and Seafoods
and Foodstuff Factory.
In its first remand redetermination,
issued on April 30, 2020, Commerce
provided further explanation of its
determination, in consideration of
Thuan Phuoc’s SRC, and continued to
find that Frozen Seafoods Factory No.
32 and Seafoods and Foodstuff Factory
were separate factories that produced
and exported subject merchandise to the
United States under their own licenses,
rather than ‘‘aka’’ or trade names of
Thuan Phuoc.6 The CIT remanded for a
second time, finding that Commerce
failed to explain how it distinguishes
when an entity is a separate exporter as
opposed to a trade name of another
company, failed to address record
evidence detracting from its position,
and acted in an arbitrary and capricious
manner by not giving parties reasonable
notice of a change in practice regarding
Antidumping Duty Administrative Review, 2016–
2017, 83 FR 46704 (September 14, 2018) (Final
Results), and accompanying Issues and Decision
Memorandum (IDM).
2 See Final Results IDM at Comment 3A.
3 Id.
4 See Thuan Phuoc Seafoods and Trading
Corporation Submission, ‘‘Separate Rate
Certification,’’ dated May 15, 2017.
5 See Sao Ta Foods Joint Stock Co. v. United
States, 425 F. Supp. 3d 1314, 1318 (CIT 2020).
While interested parties challenged several aspects
of Commerce’s Final Results, the Court sustained
the Final Results in all other respects. Id. at 1318.
6 See Final Results of Redetermination Pursuant
to Court Remand, dated April 30, 2020 (Remand I),
available at https://enforcement.trade.gov/remands/
20-7.pdf.
E:\FR\FM\26APN1.SGM
26APN1
22022
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices
trade names.7 The CIT directed
Commerce on remand to provide further
explanation of its continued denial of
SR status to Frozen Seafoods Factory
No. 32 and Seafoods and Foodstuff
Factory or reconsider its determination.8
In its second remand redetermination,
issued on December 4, 2020, Commerce
complied with the CIT’s order and,
under respectful protest, reversed the
Final Results determination wherein
Commerce denied SR status to Frozen
Seafoods Factory No. 32 and to Seafoods
and Foodstuff Factory.9 As a result,
Commerce assigned these factories
Thuan Phuoc’s SR of 4.58 percent as
determined in the Final Results. The
CIT sustained Commerce’s second
remand redetermination on April 14,
2021.10
Cash Deposit Requirements
Because Frozen Seafoods Factory No.
32 and Seafoods and Foodstuff Factory
have a superseding cash deposit rate,
i.e., there has been a final results
published in a subsequent
administrative review, we will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
This notice will not affect the current
cash deposit rate.
Liquidation of Suspended Entries
Timken Notice
as
In its decision in
clarified by Diamond Sawblades,12 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(c)
and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
publish a notice of court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
April 14, 2021 judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Timken,11
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to the SR
status for Frozen Seafoods Factory No.
32 and Seafoods and Foodstuff Factory.
Specifically, Commerce is granting SR
status to Frozen Seafoods Factory No. 32
and Seafoods and Foodstuff Factory, as
trade names of Thuan Phuoc, for
purposes of the 2016–2017
administrative review. Consequently,
we are revising the weighted-average
dumping margin assigned to these two
7 See Sao Ta Foods Joint Stock Company et.al. v.
United States, 475 F. Supp. 3d 1283, 1289–93 (CIT
2020).
8 Id. at 1293.
9 See Final Results of Redetermination Pursuant
to Court Remand, dated December 4, 2020 (Remand
II), available at https://enforcement.trade.gov/
remands/20-135.pdf.
10 See Sao Ta Foods Joint Stock Company et.al.
v. United States, Consol. Court No, 18–00205, Slip.
Op. 21–42 (CIT 2021).
11 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
VerDate Sep<11>2014
exporters, for the period February 1,
2016, through January 31, 2017, from
the Vietnam-wide rate of 25.76 percent
to 4.58 percent, which was the rate
assigned to non-individually examined
companies that qualified for a SR in the
Final Results.13
18:01 Apr 23, 2021
Jkt 253001
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were exported by Thuan
Phuoc, aka Frozen Seafoods Factory No.
32, aka Seafoods and Foodstuff Factory,
and were entered, or withdrawn from
warehouse, for consumption during the
period February 1, 2016, through
January 31, 2017. These entries will
remain enjoined pursuant to the terms
of the injunction during the pendency of
any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Frozen
Seafoods Factory No. 32 and Seafoods
and Foodstuff Factory at the abovenoted 4.58 percent rate, in accordance
with 19 CFR 351.212.14
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–142]
Certain Walk-Behind Snow Throwers
and Parts Thereof From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 19, 2021.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4956 or (202) 482–0324,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On March 30, 2021, the Department of
Commerce (Commerce) received a
countervailing duty (CVD) petition
concerning imports of certain walkbehind snow throwers and parts thereof
(snow throwers) from the People’s
Republic of China (China) filed in
proper form on behalf of MTD Products,
Inc. (the petitioner).1 The Petition was
accompanied by an antidumping duty
(AD) petition concerning imports of
snow throwers from China.
Between April 1 and 9, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in separate supplemental
questionnaires and a phone call with
the petitioner.2 On April 7 and 13, 2021,
the petitioner filed timely responses to
these requests for additional
information.3
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: April 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–08640 Filed 4–23–21; 8:45 am]
BILLING CODE 3510–DS–P
13 See
Final Results, 83 FR at 46705.
injunctions have been filed in connection
with this litigation, covering exporters other than
Frozen Seafoods Factory No. 32 and Seafoods and
Foodstuff Factory. Commerce also intends to issue
appropriate instructions to CBP upon dissolution of
these injunctions.
14 Two
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
1 See Petitioner’s Letter, ‘‘Certain Walk-Behind
Snow Throwers and Parts Thereof from the People’s
Republic of China: Petitions for the Imposition of
Antidumping and Countervailing Duties,’’ dated
March 30, 2021 (the Petition).
2 See Commerce’s Letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Walk-Behind Snow Throwers and Parts
Thereof from the People’s Republic of China:
Supplemental Questions,’’ dated April 1, 2021;
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain WalkBehind Snow Throwers and Parts Thereof from the
People’s Republic of China: Supplemental
Questions,’’ dated April 2, 2021 (General Issues
Supplemental); and Memorandum, ‘‘Phone Call
with Counsel to the Petitioner,’’ dated April 9, 2021
(Phone Call with Petitioner’s Counsel).
3 See Petitioner’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Certain Walk-Behind Snow Throwers
from the People’s Republic of China: Supplemental
Questionnaire Response Volume III,’’ dated April 7,
2021; ‘‘Petitions for the Imposition of Antidumping
and Countervailing Duties on Certain Walk-Behind
E:\FR\FM\26APN1.SGM
26APN1
Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22021-22022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Court Decision Not in Harmony With the Results of
Antidumping Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 14, 2021, the U.S. Court of International Trade (CIT)
issued its final judgment in Sao Ta Foods Joint Stock Company et al. v.
United States, Consol. Court No. 18-00205, sustaining the Department of
Commerce (Commerce)'s second remand results pertaining to the
administrative review of the antidumping duty (AD) order on certain
frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam
(Vietnam) covering the period February 1, 2016, through January 31,
2017. Commerce is notifying the public that the CIT's final judgment is
not in harmony with Commerce's Final Results of the administrative
review, and that Commerce is amending the Final Results with respect to
the separate rate (SR) status for Frozen Seafoods Factory No. 32 and
Seafoods and Foodstuff Factory.
DATES: Applicable April 24, 2021.
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 14, 2018, Commerce published its Final Results in the
2016-2017 AD administrative review of shrimp from Vietnam.\1\ In the
Final Results, Commerce determined in relevant part that Frozen
Seafoods Factory No. 32 and Seafoods and Foodstuff Factory were not
``aka'' or trade names of Thuan Phuoc Seafoods and Trading Corporation
(Thuan Phuoc) such that they were entitled to Thuan Phuoc's SR.\2\ As a
result, Commerce treated these two factories as part of the Vietnam-
wide entity and assigned them the Vietnam-wide rate of 25.76
percent.\3\
---------------------------------------------------------------------------
\1\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2016- 2017, 83 FR 46704 (September 14, 2018)
(Final Results), and accompanying Issues and Decision Memorandum
(IDM).
\2\ See Final Results IDM at Comment 3A.
\3\ Id.
---------------------------------------------------------------------------
Several interested parties, including Thuan Phuoc, appealed
Commerce's Final Results. On January 16, 2020, the CIT found that
Commerce's denial of SR status for Frozen Seafoods Factory No. 32 and
Seafoods and Foodstuff Factory was unsupported by substantial evidence
because Commerce failed to consider certain information contained in
Thuan Phuoc's separate-rate certification (SRC) \4\ suggesting that the
factories were divisions of Thuan Phuoc, rather than distinct
entities.\5\ The CIT, thus, ordered Commerce to reconsider or further
explain its determination with respect Frozen Seafoods Factory No. 32
and Seafoods and Foodstuff Factory.
---------------------------------------------------------------------------
\4\ See Thuan Phuoc Seafoods and Trading Corporation Submission,
``Separate Rate Certification,'' dated May 15, 2017.
\5\ See Sao Ta Foods Joint Stock Co. v. United States, 425 F.
Supp. 3d 1314, 1318 (CIT 2020). While interested parties challenged
several aspects of Commerce's Final Results, the Court sustained the
Final Results in all other respects. Id. at 1318.
---------------------------------------------------------------------------
In its first remand redetermination, issued on April 30, 2020,
Commerce provided further explanation of its determination, in
consideration of Thuan Phuoc's SRC, and continued to find that Frozen
Seafoods Factory No. 32 and Seafoods and Foodstuff Factory were
separate factories that produced and exported subject merchandise to
the United States under their own licenses, rather than ``aka'' or
trade names of Thuan Phuoc.\6\ The CIT remanded for a second time,
finding that Commerce failed to explain how it distinguishes when an
entity is a separate exporter as opposed to a trade name of another
company, failed to address record evidence detracting from its
position, and acted in an arbitrary and capricious manner by not giving
parties reasonable notice of a change in practice regarding
[[Page 22022]]
trade names.\7\ The CIT directed Commerce on remand to provide further
explanation of its continued denial of SR status to Frozen Seafoods
Factory No. 32 and Seafoods and Foodstuff Factory or reconsider its
determination.\8\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, dated April 30, 2020 (Remand I), available at https://enforcement.trade.gov/remands/20-7.pdf.
\7\ See Sao Ta Foods Joint Stock Company et.al. v. United
States, 475 F. Supp. 3d 1283, 1289-93 (CIT 2020).
\8\ Id. at 1293.
---------------------------------------------------------------------------
In its second remand redetermination, issued on December 4, 2020,
Commerce complied with the CIT's order and, under respectful protest,
reversed the Final Results determination wherein Commerce denied SR
status to Frozen Seafoods Factory No. 32 and to Seafoods and Foodstuff
Factory.\9\ As a result, Commerce assigned these factories Thuan
Phuoc's SR of 4.58 percent as determined in the Final Results. The CIT
sustained Commerce's second remand redetermination on April 14,
2021.\10\
---------------------------------------------------------------------------
\9\ See Final Results of Redetermination Pursuant to Court
Remand, dated December 4, 2020 (Remand II), available at https://enforcement.trade.gov/remands/20-135.pdf.
\10\ See Sao Ta Foods Joint Stock Company et.al. v. United
States, Consol. Court No, 18-00205, Slip. Op. 21-42 (CIT 2021).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the Court of Appeals for the Federal Circuit held that,
pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's April 14, 2021 judgment constitutes a final decision of the
CIT that is not in harmony with Commerce's Final Results. Thus, this
notice is published in fulfillment of the publication requirements of
Timken.
---------------------------------------------------------------------------
\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to the SR status for Frozen Seafoods
Factory No. 32 and Seafoods and Foodstuff Factory. Specifically,
Commerce is granting SR status to Frozen Seafoods Factory No. 32 and
Seafoods and Foodstuff Factory, as trade names of Thuan Phuoc, for
purposes of the 2016-2017 administrative review. Consequently, we are
revising the weighted-average dumping margin assigned to these two
exporters, for the period February 1, 2016, through January 31, 2017,
from the Vietnam-wide rate of 25.76 percent to 4.58 percent, which was
the rate assigned to non-individually examined companies that qualified
for a SR in the Final Results.\13\
---------------------------------------------------------------------------
\13\ See Final Results, 83 FR at 46705.
---------------------------------------------------------------------------
Cash Deposit Requirements
Because Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff
Factory have a superseding cash deposit rate, i.e., there has been a
final results published in a subsequent administrative review, we will
not issue revised cash deposit instructions to U.S. Customs and Border
Protection (CBP). This notice will not affect the current cash deposit
rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were exported by Thuan Phuoc, aka Frozen
Seafoods Factory No. 32, aka Seafoods and Foodstuff Factory, and were
entered, or withdrawn from warehouse, for consumption during the period
February 1, 2016, through January 31, 2017. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Frozen Seafoods Factory No. 32 and
Seafoods and Foodstuff Factory at the above-noted 4.58 percent rate, in
accordance with 19 CFR 351.212.\14\
---------------------------------------------------------------------------
\14\ Two injunctions have been filed in connection with this
litigation, covering exporters other than Frozen Seafoods Factory
No. 32 and Seafoods and Foodstuff Factory. Commerce also intends to
issue appropriate instructions to CBP upon dissolution of these
injunctions.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: April 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2021-08640 Filed 4-23-21; 8:45 am]
BILLING CODE 3510-DS-P