Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Determination of No Shipments of Antidumping Duty Administrative Review; 2021-2022, 28491-28493 [2023-09509]
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
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ddrumheller on DSK120RN23PROD with NOTICES1
Dated: April 28, 2023.
Gregory W. Campbell,
Director, Subsidies and Economic Analysis,
Enforcement and Compliance.
[FR Doc. 2023–09463 Filed 5–3–23; 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: Final Results and Final
Determination of No Shipments of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
four companies under review made no
shipments of the subject merchandise
during the period of review (POR).
Commerce also determines that no other
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, 2021,
through January 31, 2022.
SUMMARY:
DATES:
Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler or Katie Marksberry,
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) 482–9175, or
(202) 482–7906, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2023, 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 96
companies preliminarily determined to
be part of the Vietnam-wide entity and
four 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
comments. Accordingly, the final results
are unchanged from the Preliminary
Results. Commerce conducted this
administrative review in accordance
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; 2021–2022, 88 FR 58
(January 3, 2023) (Preliminary Results).
2 Id.
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17:12 May 03, 2023
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28491
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 3
The merchandise subject to the Order
is certain frozen warmwater shrimp
from Vietnam. For a full description of
the scope of the Order, see the
Preliminary Results.4
Final Determination of No Shipments
In the Preliminary Results, Commerce
found that four companies: (1) BIM
Foods Joint Stock Company; (2) Minh
Phu Hau Giang Seafood; (3) Minh Phu
Seafood Corporation; and (4) Minh Qui
Seafood Co., Ltd,5 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 four companies
did not have any reviewable entries of
subject merchandise during the POR
and will issue instructions that are
consistent with our ‘‘automatic
assessment’’ policy, described below.
Final Results of Administrative 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
only three companies that submitted
separate rate applications in this review
did not establish eligibility for a
separate rate.6 Based on the above
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (Order).
4 See Preliminary Results, 88 FR at 59 and
Appendix I.
5 As stated in the Preliminary Results, shrimp
produced and exported by Minh Phu Hau Giang
Seafood, Minh Phu Seafood Corporation, and Minh
Qui Seafood Co., Ltd., among others, were excluded
from the Order effective July 18, 2016. See Certain
Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Notice of Implementation of
Determination Under Section 129 of the Uruguay
Round Agreements Act and Partial Revocation of
the Antidumping Duty Order, 81 FR 47756, 47757–
58 (July 22, 2016). Accordingly, this review was
initiated for these three exporters only with respect
to subject merchandise produced by another entity.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 87 FR 21619 (April
12, 2022) (footnotes 8 through 10).
6 These three companies are: (1) Quang Minh
Seafood Co., Ltd. (Quang Minh); (2) Safe and Fresh
Aquatic Products Joint Stock Company (Safe Fresh
Aquatic); and (3) Ngoc Trinh Bac Lieu Seafood Co.,
Ltd. (Ngoc Trinh). Quang Minh and Ngoc Trinh
submitted separate rate applications and were
selected as mandatory respondents in this review,
but subsequently withdrew from the review. Safe
Fresh Aquatic submitted a separate rate application
but also subsequently withdrew from the review.
See Preliminary Results for the complete
discussion.
E:\FR\FM\04MYN1.SGM
04MYN1
28492
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
information, Commerce has not
calculated any dumping margins for any
companies under review, nor has
Commerce granted separate rates to any
companies under review. Commerce
continues to find that that the 96
companies under review, including the
three companies discussed above, are
part of the Vietnam-wide entity, and are
subject to the Vietnam-wide entity rate
of 25.76 percent (see Appendix).
Because no party requested a review
of the Vietnam-wide entity, and we did
not self-initiate a review, the Vietnamwide entity rate (i.e., 25.76 percent) 7 is
not subject to change as a result of this
review.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
We have not calculated any
assessment rates in this administrative
review. With regard to the 96 companies
identified in the Appendix as part of the
Vietnam-wide entity, we will instruct
CBP to apply an ad valorem assessment
rate of 25.76 percent to all entries of
subject merchandise during the POR
which were produced and/or exported
by those companies. Additionally, with
respect to the four companies which
Commerce determined made no
shipments of the subject merchandise
during the POR, consistent with
Commerce’s assessment practice in nonmarket economy (NME) cases, we will
instruct CBP to liquidate any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) at the NME-wide rate.8
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
7 See
Order.
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
8 For
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
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
previously investigated or reviewed
Vietnamese and non-Vietnamese
exporters that are not under review in
this segment of the proceeding but have
separate rates, the cash deposit rate will
continue to be the exporter’s existing
cash deposit rate; (2) 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 Vietnamwide entity of 25.76 percent; 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.
Notification to Importers
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
review period. 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
These final results are issued and
published in accordance with sections
751(a)(1)(B) and 777(i)(1) of the Act and
19 CFR 351.221(b)(5).
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Fmt 4703
Sfmt 4703
Dated: April 28, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
Companies Under Review Determined to Be
Part of the Vietnam-Wide Entity
1. Amanda Seafood Co., Ltd.
2. An Nguyen Investment Production and
Group
3. Anh Khoa Seafood
4. Anh Minh Quan Corp.
5. APT Co.
6. Au Vung One Seafood
7. Binh Dong Fisheries Joint Stock Company
8. Binh Thuan Import-Export Joint Stock
Company
9. Blue Bay Seafood Co., Ltd.
10. Cadovimex
11. Cadovimex II Seafood Import Export and
Processing Joint Stock Company
12. Cadovimex Seafood Import-Export and
Processing Joint Stock Company
13. Cantho Import Export Seafood Joint Stock
Company
14. Caseamex
15. CJ Cau Tre Foods Joint Stock Company
16. Coastal Fisheries Development
Corporation
17. COFIDEC
18. Danang Seafood Import Export
19. Danang Seaproducts Import-Export
Corporation
20. Dong Hai Seafood Limited Company
21. Dong Phuong Seafood Co., Ltd.
22. Duc Cuong Seafood Trading Co., Ltd.
23. Duong Hung Seafood
24. FFC
25. Fine Foods Company
26. Gallant Dachan Seafood Co., Ltd.
27. Gallant Ocean (Vietnam) Co. Ltd.
28. Go Dang Joint Stock Company
29. GODACO Seafood
30. Green Farms Seafood Joint Stock
Company
31. Hanh An Trading Service Co., Ltd.
32. Hong Ngoc Seafood Co., Ltd.
33. Hung Bang Company Limited
34. Hung Dong Investment Service Trading
Co., Ltd.
35. HungHau Agricultural Joint Stock
Company
36. JK Fish Co., Ltd.
37. Khanh Hoa Seafoods Exporting Company
38. KHASPEXCO
39. Long Toan Frozen Aquatic Products Joint
Stock Company
40. MC Seafood
41. Minh Bach Seafood Company Limited
42. Minh Cuong Seafood Import Export
Processing Joint Stock Company
43. Nam Viet Seafood Import Export Joint
Stock Company
44. Namcan Seaproducts Import Export Joint
Stock Company
45. New Generation Seafood Joint Stock
Company
46. New Wind Seafood Co., Ltd.
47. Ngoc Trinh Bac Lieu Seafood Co., Ltd.
48. Nguyen Chi Aquatic Product Trading
Company Limited
49. Nhat Duc Co., Ltd.
50. Nigico Co., Ltd.
51. Phuong Nam Foodstuff Corp.
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
52. Quang Minh Seafood Co., Ltd.
53. QAIMEXCO
54. Quoc Ai Seafood Processing Import
Export Co., Ltd.
55. Quoc Toan PTE
56. Quoc Toan Seafood Processing Factory
57. Quy Nhon Frozen Seafoods Joint Stock
Company
58. Safe and Fresh Aquatic Products Joint
Stock Company
59. Safe and Fresh Co.
60. Saigon Aquatic Product Trading Joint
Stock Company
61. Saigon Food Joint Stock Company
62. SEADANANG
63. Seafood Joint Stock Company No. 4
64. Seafood Travel Construction ImportExport Joint Stock Company
65. Seanamico
66. Seaspimex Vietnam
67. South Ha Tinh Seaproducts ImportExport Joint Stock Company
68. South Vina Shrimp–SVS
69. Southern Shrimp Joint Stock Company
70. Special Aquatic Products Joint Stock
Company
71. T & P Seafood Company Limited
72. Tai Nguyen Seafood Co., Ltd.
73. Tan Phong Phu Seafood Co., Ltd.
74. Tan Thanh Loi Frozen Food Co., Ltd.
75. THADIMEXCO
76. Thai Hoa Foods Joint Stock Company
77. Thai Minh Long Seafood Company
Limited
78. Thaimex
79. Thanh Doan Fisheries Import-Export Joint
Stock Company
80. Thanh Doan Sea Products Import &
Export Processing Joint-Stock Company
81. Thanh Doan Seafood Import Export
Trading Joint-Stock Company
82. The Light Seafood Company Limited
83. Thien Phu Export Seafood
84. Thinh Hung Co., Ltd.
85. Thinh Phu Aquatic Products Trading Co.,
Ltd.
86. TPP Co. Ltd.
87. Trading and Import-Export Co., Ltd.
88. Trang Corporation (Vietnam)
89. Trung Son Seafood Processing Joint Stock
Company
90. Van Duc Food Company Limited
91. Viet Phu Foods and Fish Corp.
92. Viet Shrimp Corporation
93. VIFAFOOD
94. Vinh Hoan Corp.
95. Vinh Phat Food Joint Stock Company
96. XNK Thinh Phat Processing Company
[FR Doc. 2023–09509 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
ddrumheller on DSK120RN23PROD with NOTICES1
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Amended Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty order on
certain lined paper products from India
to correct one ministerial error. The
period of review (POR) is September 1,
2020, through August 31, 2021.
SUMMARY:
DATES:
Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, 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) 482–7851.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2023, the Commerce
published its Final Results of the 2020–
2021 administrative review of the
antidumping duty order on certain lined
paper products from India.1 On April
11, 2023, Commerce disclosed its
calculations to interested parties and
provided interested parties with the
opportunity to submit ministerial error
comments.2 On April 20, 2023, the
Association of American School Paper
Suppliers and its individual members
(the petitioners) timely submitted
ministerial error comments regarding
Commerce’s Final Results.3 Commerce
is amending its Final Results to correct
a ministerial error alleged by the
petitioners.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
{Commerce} considers ministerial.’’ 4
With respect to final results of
administrative reviews, 19 CFR
351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
1 See Certain Lined Paper Products from India:
Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2020–2021, 88 FR 21971 (April 12, 2023) (Final
Results).
2 See Memoranda, ‘‘Deadline for Ministerial Error
Comments for the Final Results,’’ dated April 11,
2023; and ‘‘Extension of Deadline for Ministerial
Error Comments,’’ dated April 14, 2023.
3 See Petitioners’ Letter, ‘‘Ministerial Error
Comments,’’ dated April 20, 2023.
4 See 19 CFR 351.224(f).
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28493
Ministerial Errors
In the final results of the review,
Commerce made an inadvertent error
within the meaning of section 751(h) of
the Act and 19 CFR 351.224(f) with
respect to standardizing the variable
length for the product characteristic
variables in Cellpage Ventures Private
Limited’s (Cellpage) sales and cost
databases. Accordingly, Commerce
determines that, in accordance with
section 751(h) of the Act and 19 CFR
351.224(f), it made a ministerial error in
the Final Results.
For a complete description and
analysis of the specific inadvertent
error, and the petitioners’ ministerial
error allegation, see the accompanying
Ministerial Error Allegation
Memorandum.5 The Ministerial Error
Allegation Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov.
Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final
Results to reflect the correction of this
ministerial error in the calculation of
the weighted-average dumping margin
assigned to Cellpage in the Final
Results, which changes from 2.63
percent to 3.21 percent.6 Furthermore,
we are revising the review-specific,
weighted-average dumping margin
applicable to the companies not selected
for individual examination in this
administrative review, which is based
on Cellpage’s weighted-average
dumping margin.7
In addition to the ministerial error
described above, we are also including
SGM Paper Products among the
companies not selected for individual
examination in these amended final
results. SGM Paper Products was
inadvertently excluded from the list of
companies not selected for individual
examination in the Final Results.8
5 See Memorandum, ‘‘Ministerial Error
Allegation,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
6 Id.; see also Final Results, 88 FR at 21972.
7 We assigned Cellpage’s rate to the non-selected
companies because it was the only individually
calculated weighted-average dumping margin,
which is not zero, de minimis, or determined
entirely on the basis of facts available. See Final
Results, 88 FR at 21971.
8 See Certain Lined Paper Products from India:
Preliminary Results of Antidumping Duty
Administrative Review; Rescission of
Administrative Review, in Part; and Preliminary
Determination of No Shipments; 2020–2021, 87 FR
60650 at 60652 (October 6, 2022); see also Final
Results, 88 FR at 21972.
E:\FR\FM\04MYN1.SGM
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Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28491-28493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09509]
-----------------------------------------------------------------------
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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
four companies under review made no shipments of the subject
merchandise during the period of review (POR). Commerce also determines
that no other 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, 2021, through
January 31, 2022.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Katie Marksberry,
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-
9175, or (202) 482-7906, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2023, 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 96 companies
preliminarily determined to be part of the Vietnam-wide entity and four
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 comments. Accordingly, the
final results are unchanged from the Preliminary Results. 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; 2021-2022, 88 FR 58 (January 3, 2023)
(Preliminary Results).
\2\ Id.
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain frozen warmwater
shrimp from Vietnam. For a full description of the scope of the Order,
see the Preliminary Results.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results, 88 FR at 59 and Appendix I.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce found that four companies: (1)
BIM Foods Joint Stock Company; (2) Minh Phu Hau Giang Seafood; (3) Minh
Phu Seafood Corporation; and (4) Minh Qui Seafood Co., Ltd,\5\ 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 four companies did not have any
reviewable entries of subject merchandise during the POR and will issue
instructions that are consistent with our ``automatic assessment''
policy, described below.
---------------------------------------------------------------------------
\5\ As stated in the Preliminary Results, shrimp produced and
exported by Minh Phu Hau Giang Seafood, Minh Phu Seafood
Corporation, and Minh Qui Seafood Co., Ltd., among others, were
excluded from the Order effective July 18, 2016. See Certain Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Notice of
Implementation of Determination Under Section 129 of the Uruguay
Round Agreements Act and Partial Revocation of the Antidumping Duty
Order, 81 FR 47756, 47757-58 (July 22, 2016). Accordingly, this
review was initiated for these three exporters only with respect to
subject merchandise produced by another entity. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022) (footnotes 8 through 10).
---------------------------------------------------------------------------
Final Results of Administrative 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 only three companies that submitted separate rate applications in
this review did not establish eligibility for a separate rate.\6\ Based
on the above
[[Page 28492]]
information, Commerce has not calculated any dumping margins for any
companies under review, nor has Commerce granted separate rates to any
companies under review. Commerce continues to find that that the 96
companies under review, including the three companies discussed above,
are part of the Vietnam-wide entity, and are subject to the Vietnam-
wide entity rate of 25.76 percent (see Appendix).
---------------------------------------------------------------------------
\6\ These three companies are: (1) Quang Minh Seafood Co., Ltd.
(Quang Minh); (2) Safe and Fresh Aquatic Products Joint Stock
Company (Safe Fresh Aquatic); and (3) Ngoc Trinh Bac Lieu Seafood
Co., Ltd. (Ngoc Trinh). Quang Minh and Ngoc Trinh submitted separate
rate applications and were selected as mandatory respondents in this
review, but subsequently withdrew from the review. Safe Fresh
Aquatic submitted a separate rate application but also subsequently
withdrew from the review. See Preliminary Results for the complete
discussion.
---------------------------------------------------------------------------
Because no party requested a review of the Vietnam-wide entity, and
we did not self-initiate a review, the Vietnam-wide entity rate (i.e.,
25.76 percent) \7\ is not subject to change as a result of this review.
---------------------------------------------------------------------------
\7\ See Order.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
We have not calculated any assessment rates in this administrative
review. With regard to the 96 companies identified in the Appendix as
part of the Vietnam-wide entity, we will instruct CBP to apply an ad
valorem assessment rate of 25.76 percent to all entries of subject
merchandise during the POR which were produced and/or exported by those
companies. Additionally, with respect to the four companies which
Commerce determined made no shipments of the subject merchandise during
the POR, consistent with Commerce's assessment practice in non-market
economy (NME) cases, we will instruct CBP to liquidate any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) at the NME-wide rate.\8\
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\8\ 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 previously
investigated or reviewed Vietnamese and non-Vietnamese exporters that
are not under review in this segment of the proceeding but have
separate rates, the cash deposit rate will continue to be the
exporter's existing cash deposit rate; (2) 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 (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.
Notification to Importers
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 review period. 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
These final results are issued and published in accordance with
sections 751(a)(1)(B) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: April 28, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Companies Under Review Determined to Be Part of the Vietnam-Wide Entity
1. Amanda Seafood Co., Ltd.
2. An Nguyen Investment Production and Group
3. Anh Khoa Seafood
4. Anh Minh Quan Corp.
5. APT Co.
6. Au Vung One Seafood
7. Binh Dong Fisheries Joint Stock Company
8. Binh Thuan Import-Export Joint Stock Company
9. Blue Bay Seafood Co., Ltd.
10. Cadovimex
11. Cadovimex II Seafood Import Export and Processing Joint Stock
Company
12. Cadovimex Seafood Import-Export and Processing Joint Stock
Company
13. Cantho Import Export Seafood Joint Stock Company
14. Caseamex
15. CJ Cau Tre Foods Joint Stock Company
16. Coastal Fisheries Development Corporation
17. COFIDEC
18. Danang Seafood Import Export
19. Danang Seaproducts Import-Export Corporation
20. Dong Hai Seafood Limited Company
21. Dong Phuong Seafood Co., Ltd.
22. Duc Cuong Seafood Trading Co., Ltd.
23. Duong Hung Seafood
24. FFC
25. Fine Foods Company
26. Gallant Dachan Seafood Co., Ltd.
27. Gallant Ocean (Vietnam) Co. Ltd.
28. Go Dang Joint Stock Company
29. GODACO Seafood
30. Green Farms Seafood Joint Stock Company
31. Hanh An Trading Service Co., Ltd.
32. Hong Ngoc Seafood Co., Ltd.
33. Hung Bang Company Limited
34. Hung Dong Investment Service Trading Co., Ltd.
35. HungHau Agricultural Joint Stock Company
36. JK Fish Co., Ltd.
37. Khanh Hoa Seafoods Exporting Company
38. KHASPEXCO
39. Long Toan Frozen Aquatic Products Joint Stock Company
40. MC Seafood
41. Minh Bach Seafood Company Limited
42. Minh Cuong Seafood Import Export Processing Joint Stock Company
43. Nam Viet Seafood Import Export Joint Stock Company
44. Namcan Seaproducts Import Export Joint Stock Company
45. New Generation Seafood Joint Stock Company
46. New Wind Seafood Co., Ltd.
47. Ngoc Trinh Bac Lieu Seafood Co., Ltd.
48. Nguyen Chi Aquatic Product Trading Company Limited
49. Nhat Duc Co., Ltd.
50. Nigico Co., Ltd.
51. Phuong Nam Foodstuff Corp.
[[Page 28493]]
52. Quang Minh Seafood Co., Ltd.
53. QAIMEXCO
54. Quoc Ai Seafood Processing Import Export Co., Ltd.
55. Quoc Toan PTE
56. Quoc Toan Seafood Processing Factory
57. Quy Nhon Frozen Seafoods Joint Stock Company
58. Safe and Fresh Aquatic Products Joint Stock Company
59. Safe and Fresh Co.
60. Saigon Aquatic Product Trading Joint Stock Company
61. Saigon Food Joint Stock Company
62. SEADANANG
63. Seafood Joint Stock Company No. 4
64. Seafood Travel Construction Import-Export Joint Stock Company
65. Seanamico
66. Seaspimex Vietnam
67. South Ha Tinh Seaproducts Import-Export Joint Stock Company
68. South Vina Shrimp-SVS
69. Southern Shrimp Joint Stock Company
70. Special Aquatic Products Joint Stock Company
71. T & P Seafood Company Limited
72. Tai Nguyen Seafood Co., Ltd.
73. Tan Phong Phu Seafood Co., Ltd.
74. Tan Thanh Loi Frozen Food Co., Ltd.
75. THADIMEXCO
76. Thai Hoa Foods Joint Stock Company
77. Thai Minh Long Seafood Company Limited
78. Thaimex
79. Thanh Doan Fisheries Import-Export Joint Stock Company
80. Thanh Doan Sea Products Import & Export Processing Joint-Stock
Company
81. Thanh Doan Seafood Import Export Trading Joint-Stock Company
82. The Light Seafood Company Limited
83. Thien Phu Export Seafood
84. Thinh Hung Co., Ltd.
85. Thinh Phu Aquatic Products Trading Co., Ltd.
86. TPP Co. Ltd.
87. Trading and Import-Export Co., Ltd.
88. Trang Corporation (Vietnam)
89. Trung Son Seafood Processing Joint Stock Company
90. Van Duc Food Company Limited
91. Viet Phu Foods and Fish Corp.
92. Viet Shrimp Corporation
93. VIFAFOOD
94. Vinh Hoan Corp.
95. Vinh Phat Food Joint Stock Company
96. XNK Thinh Phat Processing Company
[FR Doc. 2023-09509 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P