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; 2022-2023, 75550-75554 [2023-24365]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 75550 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by ownership, control, position of responsibility, affiliation or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Sky Blue Bird Group, and/or Issam VerDate Sep<11>2014 17:02 Nov 02, 2023 Jkt 262001 Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for one year. Kevin J. Kurland, Deputy Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–24310 Filed 11–2–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results, Partial Rescission, and Preliminary Determination of No Shipments of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that no companies under review qualify for a separate rate and that these companies are, therefore, considered part of the Socialist Republic of Vietnam (Vietnam)-wide entity. Additionally, Commerce is partially rescinding this review with respect to companies for which all review requests were timely withdrawn. Further, Commerce preliminary determines that certain companies had no shipments of subject merchandise during the period AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 of review (POR), February 1, 2022, through January 31, 2023. Interested parties are invited to comment on these preliminary results. DATES: Applicable November 3, 2023. FOR FURTHER INFORMATION CONTACT: Jonathan Schueler, 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. SUPPLEMENTARY INFORMATION: Background On February 2, 2023, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Vietnam.1 Commerce received timely requests for an administrative review from AHSTAC (the petitioner),2 ASPA (domestic processors),3 and numerous Vietnamese companies. On April 11, 2023, Commerce published in the Federal Register a notice of initiation of an administrative review of the Order for the period February 1, 2022, through January 31, 2023, covering 187 companies including multiple companies with name variations/ abbreviations in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).4 On May 16 and 17, 2023, the petitioner filed timely withdrawals of its review requests of 41 companies.5 On May 17, 2023, ASPA filed timely withdrawals of its review requests of 35 companies.6 On May 16, 2023, Ngoc Tri Seafood Joint Stock Company, Tai Kim Anh Seafood Joint Stock Corporation, and 49 other Vietnamese producers and/ 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 88 FR 7071 (February 2, 2023); see also 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). 2 The petitioner, AHSTAC, is the Ad Hoc Shrimp Trade Action Committee. 3 The domestic processors, ASPA, are the American Shrimp Processors Association. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 21609 (April 11, 2023) (Initiation Notice). 5 See Petitioner’s Letters, ‘‘Domestic Producers’ Partial Withdrawal of Review Requests,’’ dated May 16, 2023; and ‘‘Domestic Producers’ Partial Withdrawal of Review Requests,’’ dated May 17, 2023. 6 See ASPA’s Letters, ‘‘American Shrimp Processors Association’s Partial Withdrawal of Review Requests,’’ dated May 17, 2023; and ‘‘American Shrimp Processors Association’s Partial Withdrawal of Review Requests,’’ dated May 17, 2023. E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices or exporters, including Viet I-Mei Frozen Foods Co., Ltd. (Viet I-Mei), withdrew their review requests of themselves.7 On May 25, 2023, Kim Anh Company and QNL One Member Company timely withdrew their review requests of themselves.8 Therefore, Commerce is rescinding its review with respect to the 66 companies for which all review requests were withdrawn, listed in Appendix II of this notice, as discussed below. Respondent Selection On April 27, 2023, only one company, Viet I-Mei, filed a timely separate rate certification.9 On May 3, 2023, Commerce released U.S. Customs and Border Protection (CBP) entry data in order to select respondents for individual examination.10 We received comments regarding respondent selection from the petitioner on May 10, 2023.11 However, Commerce did not select any mandatory respondents for individual examination because the sole company which timely filed a separate rate application and/or certification and was, therefore, eligible for individual examination (i.e., Viet I-Mei) had no remaining review requests on the record, as discussed below. lotter on DSK11XQN23PROD with NOTICES1 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 subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS subheadings are provided for convenience and for customs purposes, the written product description, provided in Appendix I, remains dispositive. 7 See Akin Gump’s Letter, ‘‘Withdrawal of Review Requests,’’ dated May 16, 2023. 8 See Akin Gump’s Letter, ‘‘Withdrawal of Review Requests—Kim Anh Company & QNL One Member Company,’’ dated May 25, 2023. 9 See Viet I-Mei’s Letter, ‘‘Separate Rate Certification of Viet I-Mei Frozen Foods Co., Ltd. (‘Viet I-Mei’),’’ dated April 27, 2023. 10 See Memorandum, ‘‘Customs Data of U.S. Imports of Certain Frozen Warmwater Shrimp for Respondent Selection,’’ dated May 3, 2023. 11 See Petitioner’s Letter, ‘‘Domestic Producers’ Comments Regarding Respondent Selection,’’ dated May 10, 2023. VerDate Sep<11>2014 17:02 Nov 02, 2023 Jkt 262001 Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. Because all requests for administrative review of the 66 companies listed in Appendix II were withdrawn by interested parties within 90 days of the date of publication of the Initiation Notice, and no other interested party requested a review of them, Commerce is rescinding this review with respect to these companies and their name variations/abbreviations, in accordance with 19 CFR 351.213(d)(1). Commerce will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period February 1, 2022, through January 31, 2023, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 35 days after the publication of this notice in the Federal Register. The administrative review remains active with respect to 121 companies. Preliminary Determination of No Shipments Commerce received timely noshipment certifications from four companies: Bien Dong Seafood Co., Ltd.; Vinh Hoan Corp.; Seavina Joint Stock Company; and BIM Foods Joint Stock Company.12 To confirm these companies’ no-shipment claims, Commerce issued a no-shipment inquiry to CBP and received no contradictory information.13 Therefore, we preliminarily determine that these four companies did not have any shipments of subject merchandise during the POR. 12 See BIM Foods Joint Stock Company’s Letter, ‘‘No Shipments Certification,’’ dated April 11, 2023; see also Vinh Hoan Corp. and Van Duc Food Export Joint Stock Company’s Letter, ‘‘No Shipment Certification,’’ dated April 28, 2023; Bien Dong Seafood Co., Ltd.’s Letter, ‘‘Notice of No Sales,’’ dated May 9, 2023; and Seavina Joint Stock Company’s Letter, ‘‘Notice of No Sales,’’ dated May 9, 2023. We omitted Van Duc Export Joint Stock Company from this list because although it timely filed a no-shipment certification, the company is not under review. See Initiation Notice, 88 FR at 21617. 13 See Memorandum, ‘‘No Shipment Inquiry for Multiple Companies During the Period 02/01/2022 through 01/31/2023,’’ dated July 11, 2023 (where CBP confirmed that it found no entries of subject merchandise by Bien Dong Seafood Co., Ltd., Vinh Hoan Corp., Van Duc Food Export Joint Stock Company, Seavina, and Seavina Joint Stock Company, and BIM Foods Joint Stock Company, or BIM Seafood Joint Stock Company). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 75551 Consistent with Commerce’s practice, we will not rescind the review with respect to these companies, but, rather, will complete the review and issue instructions based on the final results.14 Vietnam-Wide Entity Commerce finds that 117 companies (see Appendix III) under review have not established eligibility for a separate rate and are considered to be part of the Vietnam-wide entity for these preliminary results. Commerce’s policy regarding conditional review of the Vietnam-wide entity applies to this administrative review.15 Under this policy, the Vietnam-wide entity will not be under review unless a party specifically requests, or Commerce selfinitiates, a review of the entity. Because no party requested a review of the Vietnam-wide entity, the entity is not under review and the entity’s rate of 25.76 percent is not subject to change. Preliminary Results of Review Commerce finds that because no company still under review submitted a timely separate rate application or separate rate certification, no company still under review has established eligibility for a separate rate. Based on the above information, Commerce has not calculated any dumping margins for any companies under review, nor has Commerce granted separate rates to any companies under review. Additionally, as discussed above, Commerce has preliminarily determined that the 117 companies that remain under review but which did not submit no-shipment certifications are subject to the Vietnamwide entity rate of 25.76 percent (see Appendix III). 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 preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, here Commerce only applied the Vietnam-wide rate, which was established in the underlying investigation,16 to the 117 companies 14 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME AD Assessment); see also ‘‘Assessment Rates’’ section, infra. 15 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 16 See Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam, 69 E:\FR\FM\03NON1.SGM Continued 03NON1 75552 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices identified in Appendix III. Thus, there are no calculations to disclose. Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.17 Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.18 Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.19 Case and rebuttal briefs should be filed 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. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).20 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.21 Hearing requests should contain the following information: (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.22 lotter on DSK11XQN23PROD 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 CBP shall assess, antidumping duties on all appropriate entries of subject 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 . . .’’). 17 See 19 CFR 351.309(c)(1)(ii). 18 See 19 CFR 351.309(d)(1) and (2); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023) (APO and Service Final Rule). 19 See 19 CFR 351.309(c)(2) and (d)(2). 20 See APO and Service Final Rule. 21 See 19 CFR 351.310(c). 22 See 19 CFR 351.310(d). VerDate Sep<11>2014 17:02 Nov 02, 2023 Jkt 262001 merchandise covered by this review. For the companies in which Commerce is rescinding this administrative review, Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. For the remaining companies under 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). If we continue to find in the final results no shipments for the companies identified in the ‘‘Preliminary Determination of No Shipments’’ section above, Commerce will instruct CBP to liquidate any suspended entries of subject merchandise that entered under those companies’ case numbers at the Vietnam-wide rate.23 For the final results, if we continue to treat the 117 companies identified in Appendix III as part of the Vietnamwide 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. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the existing rate for the Vietnam-wide entity of 25.76 percent; and (2) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These cash deposit requirements, when 23 See PO 00000 NME AD Assessment. Frm 00016 Fmt 4703 Sfmt 4703 imposed, shall remain in effect until further notice. Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a preliminary 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. This determination is issued and published in accordance with sections 751(a)(1)(B) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Notification to Interested Parties These preliminary 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)(4). Dated: October 30, 2023. Abdelali Elouaradia, Deputy 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,24 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 (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any countsize. 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 24 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 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 (HTSUS 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 (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS 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 HTSUS subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 1605.21.10.30, and 1605.29.10.10. These HTSUS 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.25 25 On April 26, 2011, Commerce amended the antidumping duty order to include dusted shrimp, pursuant to the U.S. Court of International Trade 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 determination, which found the domestic like product to include dusted shrimp. VerDate Sep<11>2014 17:02 Nov 02, 2023 Jkt 262001 Appendix II—Companies With Respect to Which Commerce Is Rescinding Its Review 1. Bac Lieu Fis 2. Bac Lieu Fisheries Joint Stock Company 3. C.P. Vietnam Corporation 4. Ca Mau Seafood Joint Stock Company 5. Cafatex Fishery Joint Stock Corporation 6. CAFISH 7. Camau Seafood Processing and Service Joint Stock Corporation 8. Camimex 9. Camimex Foods Joint Stock Company 10. Camimex Group 11. Camimex Group Joint Stock Company 26 12. Cantho Import Export Fishery Limited Company 13. CASES 14. Cuu Long Seapro 15. Cuulong Seapro 16. Cuulong Seaproducts Company 17. FIMEX VN; Sao Ta Seafood Factory 18. Frozen Seafoods Factory No. 32 19. Hai Viet Corporation 20. HAVICO 21. Khanh Sung Co., Ltd. 22. Kim Anh 23. Kim Anh Company Limited 24. Minh Hai Export Frozen Seafood Processing Joint-Stock Company 25. Minh Hai Joint-Stock Seafoods Processing Company 26. Minh Hai Jostoco 27. Nam Hai Foodstuff and Export Company Ltd. 28. Ngoc Tri 29. Ngoc Tri Seafood Joint Stock Company 30. Nha Trang Seafoods—F.89 Joint Stock Company 31. Nha Trang Seaproduct Company 32. NT Seafoods Corporation 33. NTSF Seafoods Joint Stock Company 34. QNL Company Limited 35. QNL One Member Company 36. Quoc Viet Seaproducts Processing Trade and Import-Export Co., Ltd. 37. Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. 38. Sao Ta Foods Joint Stock Company 39. Saota Seafood Factory 40. Sea Minh Hai 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 Pub. 4221 (March 2011). 26 Because Commerce has previously determined that Camimex Group Joint Stock Company is the successor-in-interest to Camau Frozen Seafood Processing Import Export Corporation, it has treated review requests for Camau Frozen Seafood Processing Import Export Corporation as review requests for Camimex Group Joint Stock Company and only listed Camimex Group Joint Stock Company in the Initiation Notice and in this notice. See Initiation Notice, 88 FR 21626 (footnote 9); see also Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 86 FR 47617 (August 26, 2021). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 75553 41. Seafoods and Foodstuff Factory 42. Seaprimexco Vietnam 43. Seaprodex Minh Hai 44. Seaprodex Minh Hai Factory No. 69 45. Seaprodex Minh Hai Workshop 1 46. Seaprodex Minh Hai-Factory No. 78 47. Soc Trang Seafood Joint Stock Company 48. STAPIMEX 49. T&T Cam Ranh 50. Tacvan Frozen Seafood Processing Export Company 51. Tacvan Seafoods Company 52. Tai Kim Anh Seafood Joint Stock Corporation 53. TAIKA Seafood Corporation 54. Tay Do Seafood Enterprise 55. Thong Thuan Cam Ranh Seafood Joint Stock Company 56. Thong Thuan Company Limited 57. Thuan Phuoc Seafoods and Trading Corporation 58. Trang Khanh Seafood Co., Ltd. 59. Trong Nhan Seafood Co., Ltd. 60. UTXI Aquatic Products Processing Corporation 61. UTXICO 62. Viet Foods Co. Ltd. 63. Viet I-Mei Frozen Foods Co., Ltd. 64. Vietnam Clean Seafood Corporation 65. Vietnam Fish One Co., Ltd. 66. Vina Cleanfood Appendix III—Companies Under Review Determined To Be Part of the Vietnam-Wide Entity 1. AFoods 2. Amanda Seafood Co., Ltd. 3. An Nguyen Investment Production and Group 4. Anh Khoa Seafood 5. Anh Minh Quan Corp. 6. APT Co. 7. Au Vung One Seafood 8. Bentre Forestry and Aquaproduct ImportExport Joint Stock Company 9. Bentre Seafood Joint Stock Company 10. Beseaco 11. Binh Dong Fisheries Joint Stock Company 12. Binh Thuan Import-Export Joint Stock Company 13. Blue Bay Seafood Co., Ltd. 14. Cadovimex 15. Cadovimex II Seafood Import Export and Processing Joint Stock Company 16. Cadovimex Seafood Import-Export and Processing Joint Stock Company 17. Cantho Import Export Seafood Joint Stock Company 18. Caseamex 19. CJ Cau Tre Foods Joint Stock Company 20. Coastal Fisheries Development Corporation 21. COFIDEC 22. Dai Phat Tien Seafood Co., Ltd. 23. Danang Seafood Import Export 24. Danang Seaproducts Import-Export Corporation 25. Dong Hai Seafood Limited Company 26. Dong Phuong Seafood Co., Ltd. 27. Duc Cuong Seafood Trading Co., Ltd. 28. Duong Hung Seafood 29. FAQUIMEX 30. FFC 31. Fine Foods Company 32. Gallant Dachan Seafood Co., Ltd. 33. Gallant Ocean (Vietnam) Co. Ltd. E:\FR\FM\03NON1.SGM 03NON1 75554 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 34. Gallant Ocean (Vietnam) Joint Stock Company 35. Go Dang Joint Stock Company 36. GODACO Seafood 37. Green Farms Seafood Joint Stock Company 38. Hanh An Trading Service Co., Ltd. 39. Hoang Anh Fisheries Trading Company Limited 40. Hong Ngoc Seafood Co., Ltd. 41. Hung Bang Company Limited 42. Hung Dong Investment Service Trading Co., Ltd. 43. HungHau Agricultural Joint Stock Company 44. INCOMFISH 45. Investment Commerce Fisheries Corporation 46. JK Fish Co., Ltd. 47. Khang An Foods Joint Stock Company 48. Khanh Hoa Seafoods Exporting Company 49. KHASPEXCO 50. Long Toan Frozen Aquatic Products Joint Stock Company 51. MC Seafood 52. Minh Bach Seafood Company Limited 53. Minh Cuong Seafood Import Export Processing Joint Stock Company 54. Minh Phat Seafood Company Limited 27 55. Minh Phu Hau Giang Seafood 28 56. Minh Phu Seafood Corporation 29 57. Minh Qui Seafood Company Limited 30 27 As stated in the Initiation Notice, shrimp produced and exported by Minh Phat Seafood Company Limited 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 this exporter only with respect to subject merchandise produced by another entity. See Initiation Notice, 88 FR at 21616 (footnote 10). 28 As stated in the Initiation Notice, shrimp produced and exported by Minh Phu Hau Giang Seafood 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 this exporter only with respect to subject merchandise produced by another entity. See Initiation Notice, 88 FR at 21616 (footnote 11). 29 As stated in the Initiation Notice, shrimp produced and exported by Minh Phu Seafood Corporation 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 this exporter only with respect to subject merchandise produced by another entity. See Initiation Notice, 88 FR at 21616 (footnote 12). 30 As stated in the Initiation Notice, shrimp produced and exported by Minh Qui Seafood Company Limited 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– VerDate Sep<11>2014 17:02 Nov 02, 2023 Jkt 262001 58. Nam Phuong Foods Import Export Company Limited 59. Nam Viet Seafood Import Export Joint Stock Company 60. Namcan Seaproducts Import Export Joint Stock Company 61. NAVIMEXCO 62. New Generation Seafood Joint Stock Company 63. New Wind Seafood Company Limited 64. Ngoc Trinh Bac Lieu Seafood Co., Ltd. 65. Nguyen Chi Aquatic Product Trading Company Limited 66. Nhat Duc Co., Ltd. 67. Nigico Co., Ltd. 68. Phuong Nam Foodstuff Corp. 69. QAIMEXCO 70. Quang Minh Seafood Co., Ltd 71. Quoc Ai Seafood Processing Import Export Co., Ltd. 72. Quoc Toan PTE 73. Quoc Toan Seafood Processing Factory 74. Quy Nhon Frozen Seafoods Joint Stock Company 75. Safe And Fresh Aquatic Products Joint Stock Company 76. Saigon Aquatic Product Trading Joint Stock Company 77. Saigon Food Joint Stock Company 78. SEADANANG 79. Seafood Direct 2012 One Member Limited 80. Seafood Joint Stock Company No. 4 81. Seafood Travel Construction ImportExport Joint Stock Company 82. Seanamico 83. Seaproducts Joint Stock Company 84. Seaspimex Vietnam 85. Simmy Seafood Company Limited 86. South Ha Tinh Seaproducts ImportExport Joint Stock Company 87. South Vina Shrimp—SVS 88. Southern Shrimp Joint Stock Company 89. Special Aquatic Products Joint Stock Company 90. T & P Seafood Company Limited 91. Tai Nguyen Seafood Co., Ltd. 92. Tan Phong Phu Seafood Co., Ltd. 93. Tan Thanh Loi Frozen Food Co., Ltd. 94. THADIMEXCO 95. Thai Hoa Foods Joint Stock Company 96. Thai Minh Long Seafood Company Limited 97. Thaimex 98. Thanh Doan Fisheries Import-Export Joint Stock Company 99. Thanh Doan Sea Products Import & Export Processing Joint-Stock Company 100. Thanh Doan Seafood Import Export Trading Joint-Stock Company 101. The Light Seafood Company Limited 102. Thien Phu Export Seafood 103. Thinh Hung Co., Ltd. 104. Thinh Phu Aquatic Products Trading Co., Ltd. 105. Thuan Thien Producing Trading Ltd. Co. 106. TPP Co. Ltd. 107. Trang Corporation (Vietnam) 108. Trung Son Corp. 109. Trung Son Seafood Processing Joint Stock Company 110. Van Duc Food Company Limited 58 (July 22, 2016). Accordingly, this review was initiated for this exporter only with respect to subject merchandise produced by another entity. See Initiation Notice, 88 FR at 21616 (footnote 13). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 111. Viet Asia Foods Company Limited 112. Viet Hai Seafood Co., Ltd. 113. Viet Phu Foods and Fish Corp. 114. Viet Shrimp Corporation 115. VIFAFOOD 116. Vinh Phat Food Joint Stock Company 117. XNK Thinh Phat Processing Company [FR Doc. 2023–24365 Filed 11–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–469–818] Ripe Olives From Spain: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on ripe olives from Spain would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable November 3, 2023. FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3683. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 1, 2018, Commerce published in the Federal Register the CVD order on ripe olives from Spain.1 On July 3, 2023, Commerce published in the Federal Register the Initiation Notice of the first five-year sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 In accordance with 19 CFR 351.218(d)(1)(i) and (ii), Commerce received a timely notice of intent to participate in this sunset review from Musco Family Olive Company (Musco), a domestic interested party, within 15 days after the date of publication of the Initiation Notice.3 Musco claimed interested party status under section 771(9)(C) of the Act 1 See Ripe Olives from Spain: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 FR 37469 (August 1, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688 (July 3, 2023) (Initiation Notice). 3 See Musco’s Letter, ‘‘Notice of Intent to Participate,’’ dated July 5, 2023. E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75550-75554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24365]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Preliminary Results, Partial Rescission, and Preliminary 
Determination of No Shipments of Antidumping Duty Administrative 
Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that no companies under review qualify for a separate rate 
and that these companies are, therefore, considered part of the 
Socialist Republic of Vietnam (Vietnam)-wide entity. Additionally, 
Commerce is partially rescinding this review with respect to companies 
for which all review requests were timely withdrawn. Further, Commerce 
preliminary determines that certain companies had no shipments of 
subject merchandise during the period of review (POR), February 1, 
2022, through January 31, 2023. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable November 3, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Schueler, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2023, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
certain frozen warmwater shrimp from the Vietnam.\1\ Commerce received 
timely requests for an administrative review from AHSTAC (the 
petitioner),\2\ ASPA (domestic processors),\3\ and numerous Vietnamese 
companies. On April 11, 2023, Commerce published in the Federal 
Register a notice of initiation of an administrative review of the 
Order for the period February 1, 2022, through January 31, 2023, 
covering 187 companies including multiple companies with name 
variations/abbreviations in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.221(c)(1)(i).\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 88 FR 7071 (February 2, 2023); see also 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).
    \2\ The petitioner, AHSTAC, is the Ad Hoc Shrimp Trade Action 
Committee.
    \3\ The domestic processors, ASPA, are the American Shrimp 
Processors Association.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 21609 (April 11, 2023) (Initiation 
Notice).
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    On May 16 and 17, 2023, the petitioner filed timely withdrawals of 
its review requests of 41 companies.\5\ On May 17, 2023, ASPA filed 
timely withdrawals of its review requests of 35 companies.\6\ On May 
16, 2023, Ngoc Tri Seafood Joint Stock Company, Tai Kim Anh Seafood 
Joint Stock Corporation, and 49 other Vietnamese producers and/

[[Page 75551]]

or exporters, including Viet I-Mei Frozen Foods Co., Ltd. (Viet I-Mei), 
withdrew their review requests of themselves.\7\ On May 25, 2023, Kim 
Anh Company and QNL One Member Company timely withdrew their review 
requests of themselves.\8\ Therefore, Commerce is rescinding its review 
with respect to the 66 companies for which all review requests were 
withdrawn, listed in Appendix II of this notice, as discussed below.
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    \5\ See Petitioner's Letters, ``Domestic Producers' Partial 
Withdrawal of Review Requests,'' dated May 16, 2023; and ``Domestic 
Producers' Partial Withdrawal of Review Requests,'' dated May 17, 
2023.
    \6\ See ASPA's Letters, ``American Shrimp Processors 
Association's Partial Withdrawal of Review Requests,'' dated May 17, 
2023; and ``American Shrimp Processors Association's Partial 
Withdrawal of Review Requests,'' dated May 17, 2023.
    \7\ See Akin Gump's Letter, ``Withdrawal of Review Requests,'' 
dated May 16, 2023.
    \8\ See Akin Gump's Letter, ``Withdrawal of Review Requests--Kim 
Anh Company & QNL One Member Company,'' dated May 25, 2023.
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Respondent Selection

    On April 27, 2023, only one company, Viet I-Mei, filed a timely 
separate rate certification.\9\ On May 3, 2023, Commerce released U.S. 
Customs and Border Protection (CBP) entry data in order to select 
respondents for individual examination.\10\ We received comments 
regarding respondent selection from the petitioner on May 10, 2023.\11\ 
However, Commerce did not select any mandatory respondents for 
individual examination because the sole company which timely filed a 
separate rate application and/or certification and was, therefore, 
eligible for individual examination (i.e., Viet I-Mei) had no remaining 
review requests on the record, as discussed below.
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    \9\ See Viet I-Mei's Letter, ``Separate Rate Certification of 
Viet I-Mei Frozen Foods Co., Ltd. (`Viet I-Mei'),'' dated April 27, 
2023.
    \10\ See Memorandum, ``Customs Data of U.S. Imports of Certain 
Frozen Warmwater Shrimp for Respondent Selection,'' dated May 3, 
2023.
    \11\ See Petitioner's Letter, ``Domestic Producers' Comments 
Regarding Respondent Selection,'' dated May 10, 2023.
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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 
subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 
0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 
0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 
0306.17.0042, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS 
subheadings are provided for convenience and for customs purposes, the 
written product description, provided in Appendix I, remains 
dispositive.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. Because all requests 
for administrative review of the 66 companies listed in Appendix II 
were withdrawn by interested parties within 90 days of the date of 
publication of the Initiation Notice, and no other interested party 
requested a review of them, Commerce is rescinding this review with 
respect to these companies and their name variations/abbreviations, in 
accordance with 19 CFR 351.213(d)(1). Commerce will instruct CBP to 
assess antidumping duties on all appropriate entries at a rate equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, during the 
period February 1, 2022, through January 31, 2023, in accordance with 
19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate 
assessment instructions to CBP 35 days after the publication of this 
notice in the Federal Register. The administrative review remains 
active with respect to 121 companies.

Preliminary Determination of No Shipments

    Commerce received timely no-shipment certifications from four 
companies: Bien Dong Seafood Co., Ltd.; Vinh Hoan Corp.; Seavina Joint 
Stock Company; and BIM Foods Joint Stock Company.\12\ To confirm these 
companies' no-shipment claims, Commerce issued a no-shipment inquiry to 
CBP and received no contradictory information.\13\ Therefore, we 
preliminarily determine that these four companies did not have any 
shipments of subject merchandise during the POR. Consistent with 
Commerce's practice, we will not rescind the review with respect to 
these companies, but, rather, will complete the review and issue 
instructions based on the final results.\14\
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    \12\ See BIM Foods Joint Stock Company's Letter, ``No Shipments 
Certification,'' dated April 11, 2023; see also Vinh Hoan Corp. and 
Van Duc Food Export Joint Stock Company's Letter, ``No Shipment 
Certification,'' dated April 28, 2023; Bien Dong Seafood Co., Ltd.'s 
Letter, ``Notice of No Sales,'' dated May 9, 2023; and Seavina Joint 
Stock Company's Letter, ``Notice of No Sales,'' dated May 9, 2023. 
We omitted Van Duc Export Joint Stock Company from this list because 
although it timely filed a no-shipment certification, the company is 
not under review. See Initiation Notice, 88 FR at 21617.
    \13\ See Memorandum, ``No Shipment Inquiry for Multiple 
Companies During the Period 02/01/2022 through 01/31/2023,'' dated 
July 11, 2023 (where CBP confirmed that it found no entries of 
subject merchandise by Bien Dong Seafood Co., Ltd., Vinh Hoan Corp., 
Van Duc Food Export Joint Stock Company, Seavina, and Seavina Joint 
Stock Company, and BIM Foods Joint Stock Company, or BIM Seafood 
Joint Stock Company).
    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME AD 
Assessment); see also ``Assessment Rates'' section, infra.
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Vietnam-Wide Entity

    Commerce finds that 117 companies (see Appendix III) under review 
have not established eligibility for a separate rate and are considered 
to be part of the Vietnam-wide entity for these preliminary results. 
Commerce's policy regarding conditional review of the Vietnam-wide 
entity applies to this administrative review.\15\ Under this policy, 
the Vietnam-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the Vietnam-wide entity, 
the entity is not under review and the entity's rate of 25.76 percent 
is not subject to change.
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    \15\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Preliminary Results of Review

    Commerce finds that because no company still under review submitted 
a timely separate rate application or separate rate certification, no 
company still under review has established eligibility for a separate 
rate. Based on the above information, Commerce has not calculated any 
dumping margins for any companies under review, nor has Commerce 
granted separate rates to any companies under review. Additionally, as 
discussed above, Commerce has preliminarily determined that the 117 
companies that remain under review but which did not submit no-shipment 
certifications are subject to the Vietnam-wide entity rate of 25.76 
percent (see Appendix III).

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 preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here Commerce 
only applied the Vietnam-wide rate, which was established in the 
underlying investigation,\16\ to the 117 companies

[[Page 75552]]

identified in Appendix III. Thus, there are no calculations to 
disclose.
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    \16\ 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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    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\17\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\18\ Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\19\ Case and rebuttal briefs should be 
filed 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. 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\20\
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    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d)(1) and (2); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023) 
(APO and Service Final Rule).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
    \20\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\21\ Hearing requests should 
contain the following information: (1) the party's name, address, and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined.\22\
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review. For the companies in which Commerce is 
rescinding this administrative review, Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register. For the 
remaining companies under 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).
    If we continue to find in the final results no shipments for the 
companies identified in the ``Preliminary Determination of No 
Shipments'' section above, Commerce will instruct CBP to liquidate any 
suspended entries of subject merchandise that entered under those 
companies' case numbers at the Vietnam-wide rate.\23\
---------------------------------------------------------------------------

    \23\ See NME AD Assessment.
---------------------------------------------------------------------------

    For the final results, if we continue to treat the 117 companies 
identified in Appendix III 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. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) for all Vietnam 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the existing 
rate for the Vietnam-wide entity of 25.76 percent; and (2) for all non-
Vietnam exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
Vietnam exporter that supplied that non-Vietnam exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary 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. This determination is issued 
and published in accordance with sections 751(a)(1)(B) and 777(i)(1) of 
the Act and 19 CFR 351.221(b)(4).

Notification to Interested Parties

    These preliminary 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)(4).

    Dated: October 30, 2023.
Abdelali Elouaradia,
Deputy 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,\24\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \24\ ``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 (HTSUS), 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

[[Page 75553]]

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 
(HTSUS 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 (HTSUS subheadings 0306.23.00.20 
and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS 
subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned 
warmwater shrimp and prawns (HTSUS 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 HTSUS subheadings: 0306.17.0004, 0306.17.0005, 
0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 
0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 
0306.17.0041, 0306.17.0042, 1605.21.10.30, and 1605.29.10.10. These 
HTSUS 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.\25\
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    \25\ On April 26, 2011, Commerce amended the antidumping duty 
order to include dusted shrimp, pursuant to the U.S. Court of 
International Trade 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 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 Pub. 
4221 (March 2011).
---------------------------------------------------------------------------

Appendix II--Companies With Respect to Which Commerce Is Rescinding Its 
Review

1. Bac Lieu Fis
2. Bac Lieu Fisheries Joint Stock Company
3. C.P. Vietnam Corporation
4. Ca Mau Seafood Joint Stock Company
5. Cafatex Fishery Joint Stock Corporation
6. CAFISH
7. Camau Seafood Processing and Service Joint Stock Corporation
8. Camimex
9. Camimex Foods Joint Stock Company
10. Camimex Group
11. Camimex Group Joint Stock Company \26\
---------------------------------------------------------------------------

    \26\ Because Commerce has previously determined that Camimex 
Group Joint Stock Company is the successor-in-interest to Camau 
Frozen Seafood Processing Import Export Corporation, it has treated 
review requests for Camau Frozen Seafood Processing Import Export 
Corporation as review requests for Camimex Group Joint Stock Company 
and only listed Camimex Group Joint Stock Company in the Initiation 
Notice and in this notice. See Initiation Notice, 88 FR 21626 
(footnote 9); see also Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review, 86 FR 47617 (August 
26, 2021).
---------------------------------------------------------------------------

12. Cantho Import Export Fishery Limited Company
13. CASES
14. Cuu Long Seapro
15. Cuulong Seapro
16. Cuulong Seaproducts Company
17. FIMEX VN; Sao Ta Seafood Factory
18. Frozen Seafoods Factory No. 32
19. Hai Viet Corporation
20. HAVICO
21. Khanh Sung Co., Ltd.
22. Kim Anh
23. Kim Anh Company Limited
24. Minh Hai Export Frozen Seafood Processing Joint-Stock Company
25. Minh Hai Joint-Stock Seafoods Processing Company
26. Minh Hai Jostoco
27. Nam Hai Foodstuff and Export Company Ltd.
28. Ngoc Tri
29. Ngoc Tri Seafood Joint Stock Company
30. Nha Trang Seafoods--F.89 Joint Stock Company
31. Nha Trang Seaproduct Company
32. NT Seafoods Corporation
33. NTSF Seafoods Joint Stock Company
34. QNL Company Limited
35. QNL One Member Company
36. Quoc Viet Seaproducts Processing Trade and Import-Export Co., 
Ltd.
37. Quoc Viet Seaproducts Processing Trading and Import-Export Co., 
Ltd.
38. Sao Ta Foods Joint Stock Company
39. Saota Seafood Factory
40. Sea Minh Hai
41. Seafoods and Foodstuff Factory
42. Seaprimexco Vietnam
43. Seaprodex Minh Hai
44. Seaprodex Minh Hai Factory No. 69
45. Seaprodex Minh Hai Workshop 1
46. Seaprodex Minh Hai-Factory No. 78
47. Soc Trang Seafood Joint Stock Company
48. STAPIMEX
49. T&T Cam Ranh
50. Tacvan Frozen Seafood Processing Export Company
51. Tacvan Seafoods Company
52. Tai Kim Anh Seafood Joint Stock Corporation
53. TAIKA Seafood Corporation
54. Tay Do Seafood Enterprise
55. Thong Thuan Cam Ranh Seafood Joint Stock Company
56. Thong Thuan Company Limited
57. Thuan Phuoc Seafoods and Trading Corporation
58. Trang Khanh Seafood Co., Ltd.
59. Trong Nhan Seafood Co., Ltd.
60. UTXI Aquatic Products Processing Corporation
61. UTXICO
62. Viet Foods Co. Ltd.
63. Viet I-Mei Frozen Foods Co., Ltd.
64. Vietnam Clean Seafood Corporation
65. Vietnam Fish One Co., Ltd.
66. Vina Cleanfood

Appendix III--Companies Under Review Determined To Be Part of the 
Vietnam-Wide Entity

1. AFoods
2. Amanda Seafood Co., Ltd.
3. An Nguyen Investment Production and Group
4. Anh Khoa Seafood
5. Anh Minh Quan Corp.
6. APT Co.
7. Au Vung One Seafood
8. Bentre Forestry and Aquaproduct Import-Export Joint Stock Company
9. Bentre Seafood Joint Stock Company
10. Beseaco
11. Binh Dong Fisheries Joint Stock Company
12. Binh Thuan Import-Export Joint Stock Company
13. Blue Bay Seafood Co., Ltd.
14. Cadovimex
15. Cadovimex II Seafood Import Export and Processing Joint Stock 
Company
16. Cadovimex Seafood Import-Export and Processing Joint Stock 
Company
17. Cantho Import Export Seafood Joint Stock Company
18. Caseamex
19. CJ Cau Tre Foods Joint Stock Company
20. Coastal Fisheries Development Corporation
21. COFIDEC
22. Dai Phat Tien Seafood Co., Ltd.
23. Danang Seafood Import Export
24. Danang Seaproducts Import-Export Corporation
25. Dong Hai Seafood Limited Company
26. Dong Phuong Seafood Co., Ltd.
27. Duc Cuong Seafood Trading Co., Ltd.
28. Duong Hung Seafood
29. FAQUIMEX
30. FFC
31. Fine Foods Company
32. Gallant Dachan Seafood Co., Ltd.
33. Gallant Ocean (Vietnam) Co. Ltd.

[[Page 75554]]

34. Gallant Ocean (Vietnam) Joint Stock Company
35. Go Dang Joint Stock Company
36. GODACO Seafood
37. Green Farms Seafood Joint Stock Company
38. Hanh An Trading Service Co., Ltd.
39. Hoang Anh Fisheries Trading Company Limited
40. Hong Ngoc Seafood Co., Ltd.
41. Hung Bang Company Limited
42. Hung Dong Investment Service Trading Co., Ltd.
43. HungHau Agricultural Joint Stock Company
44. INCOMFISH
45. Investment Commerce Fisheries Corporation
46. JK Fish Co., Ltd.
47. Khang An Foods Joint Stock Company
48. Khanh Hoa Seafoods Exporting Company
49. KHASPEXCO
50. Long Toan Frozen Aquatic Products Joint Stock Company
51. MC Seafood
52. Minh Bach Seafood Company Limited
53. Minh Cuong Seafood Import Export Processing Joint Stock Company
54. Minh Phat Seafood Company Limited \27\
---------------------------------------------------------------------------

    \27\ As stated in the Initiation Notice, shrimp produced and 
exported by Minh Phat Seafood Company Limited 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 
this exporter only with respect to subject merchandise produced by 
another entity. See Initiation Notice, 88 FR at 21616 (footnote 10).
---------------------------------------------------------------------------

55. Minh Phu Hau Giang Seafood \28\
---------------------------------------------------------------------------

    \28\ As stated in the Initiation Notice, shrimp produced and 
exported by Minh Phu Hau Giang Seafood 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 
this exporter only with respect to subject merchandise produced by 
another entity. See Initiation Notice, 88 FR at 21616 (footnote 11).
---------------------------------------------------------------------------

56. Minh Phu Seafood Corporation \29\
---------------------------------------------------------------------------

    \29\ As stated in the Initiation Notice, shrimp produced and 
exported by Minh Phu Seafood Corporation 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 
this exporter only with respect to subject merchandise produced by 
another entity. See Initiation Notice, 88 FR at 21616 (footnote 12).
---------------------------------------------------------------------------

57. Minh Qui Seafood Company Limited \30\
---------------------------------------------------------------------------

    \30\ As stated in the Initiation Notice, shrimp produced and 
exported by Minh Qui Seafood Company Limited 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 
this exporter only with respect to subject merchandise produced by 
another entity. See Initiation Notice, 88 FR at 21616 (footnote 13).
---------------------------------------------------------------------------

58. Nam Phuong Foods Import Export Company Limited
59. Nam Viet Seafood Import Export Joint Stock Company
60. Namcan Seaproducts Import Export Joint Stock Company
61. NAVIMEXCO
62. New Generation Seafood Joint Stock Company
63. New Wind Seafood Company Limited
64. Ngoc Trinh Bac Lieu Seafood Co., Ltd.
65. Nguyen Chi Aquatic Product Trading Company Limited
66. Nhat Duc Co., Ltd.
67. Nigico Co., Ltd.
68. Phuong Nam Foodstuff Corp.
69. QAIMEXCO
70. Quang Minh Seafood Co., Ltd
71. Quoc Ai Seafood Processing Import Export Co., Ltd.
72. Quoc Toan PTE
73. Quoc Toan Seafood Processing Factory
74. Quy Nhon Frozen Seafoods Joint Stock Company
75. Safe And Fresh Aquatic Products Joint Stock Company
76. Saigon Aquatic Product Trading Joint Stock Company
77. Saigon Food Joint Stock Company
78. SEADANANG
79. Seafood Direct 2012 One Member Limited
80. Seafood Joint Stock Company No. 4
81. Seafood Travel Construction Import-Export Joint Stock Company
82. Seanamico
83. Seaproducts Joint Stock Company
84. Seaspimex Vietnam
85. Simmy Seafood Company Limited
86. South Ha Tinh Seaproducts Import-Export Joint Stock Company
87. South Vina Shrimp--SVS
88. Southern Shrimp Joint Stock Company
89. Special Aquatic Products Joint Stock Company
90. T & P Seafood Company Limited
91. Tai Nguyen Seafood Co., Ltd.
92. Tan Phong Phu Seafood Co., Ltd.
93. Tan Thanh Loi Frozen Food Co., Ltd.
94. THADIMEXCO
95. Thai Hoa Foods Joint Stock Company
96. Thai Minh Long Seafood Company Limited
97. Thaimex
98. Thanh Doan Fisheries Import-Export Joint Stock Company
99. Thanh Doan Sea Products Import & Export Processing Joint-Stock 
Company
100. Thanh Doan Seafood Import Export Trading Joint-Stock Company
101. The Light Seafood Company Limited
102. Thien Phu Export Seafood
103. Thinh Hung Co., Ltd.
104. Thinh Phu Aquatic Products Trading Co., Ltd.
105. Thuan Thien Producing Trading Ltd. Co.
106. TPP Co. Ltd.
107. Trang Corporation (Vietnam)
108. Trung Son Corp.
109. Trung Son Seafood Processing Joint Stock Company
110. Van Duc Food Company Limited
111. Viet Asia Foods Company Limited
112. Viet Hai Seafood Co., Ltd.
113. Viet Phu Foods and Fish Corp.
114. Viet Shrimp Corporation
115. VIFAFOOD
116. Vinh Phat Food Joint Stock Company
117. XNK Thinh Phat Processing Company

[FR Doc. 2023-24365 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P

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