Notice2022-28521
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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 Vietnam-Wide entity. Additionally, Commerce is rescinding this review with respect to Thong Thuan Cam Ranh Seafood Joint Stock Company, T&T Cam Ranh, Soc Trang Seafood Joint Stock Company, STAPIMEX, Seavina Joint Stock Company, and Bien Dong Seafood Co., Ltd. Further, Commerce preliminarily determines that BIM Foods Joint Stock Company, Minh Phu Hau Giang Seafood, Minh Phu Seafood Corporation, and Minh Qui Seafood Co., Ltd. had no shipments of subject merchandise during the period of review (POR). The POR is February 1, 2021, through January 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 58-61]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28521]
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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; 2021-2022
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
Vietnam-Wide entity. Additionally, Commerce is rescinding this review
with respect to Thong Thuan Cam Ranh Seafood Joint Stock Company, T&T
Cam Ranh, Soc Trang Seafood Joint Stock Company, STAPIMEX, Seavina
Joint Stock Company, and Bien Dong Seafood Co., Ltd. Further, Commerce
preliminarily determines that BIM Foods Joint Stock Company, Minh Phu
Hau Giang Seafood, Minh Phu Seafood Corporation, and Minh Qui Seafood
Co., Ltd. had no shipments of subject merchandise during the period of
review (POR). The POR is February 1, 2021, through January 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable January 3, 2023.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2022, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty (AD) order on
certain frozen warmwater shrimp (shrimp) from the Socialist Republic of
Vietnam (Vietnam).\1\ Commerce received timely requests for an
administrative review from Ad Hoc Shrimp Trade Action Committee (the
petitioner), the American Shrimp Processors Association (ASPA)
(domestic processors), and numerous Vietnamese companies. On April 12,
2022, Commerce published in the Federal Register a notice of initiation
of an administrative review of the antidumping duty order on shrimp
from Vietnam for the period February 1, 2021, through January 31, 2022,
covering 106 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).\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 7112 (February 8, 2022).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
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On April 13, 2022, the petitioner and ASPA both filed timely
withdrawals of their respective review requests of Soc Trang Seafood
Joint Stock Company and STAPIMEX.\3\ On April 13, 2022, Soc Trang
Seafood Joint Stock Company also withdrew its review request.\4\ On
April 22, 2022, Thong Thuan Cam Ranh Seafood Joint Stock Company
withdrew its review request.\5\ Also on April 22, 2022, ASPA withdrew
its review request of Thong Thuan Cam Ranh Seafood Joint Stock Company
and T&T Cam Ranh.\6\ On April 26, 2022, the petitioner and ASPA also
filed timely withdrawals of their respective review requests of Seavina
Joint Stock Company and Bien Dong Seafood Co., Ltd.\7\ Therefore,
Commerce is rescinding its review of: (1) Thong Thuan Cam Ranh Seafood
Joint Stock Company; (2) T&T Cam Ranh; (3) Soc Trang Seafood Joint
Stock Company; (4) STAPIMEX; (5) Seavina Joint Stock Company; and (6)
Bien Dong Seafood Co., Ltd., as discussed below.
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\3\ See Petitioner's Letter, ``Domestic Producers' Partial
Withdrawal of Review Requests,'' dated April 13, 2022; and ASPA's
Letter, ``American Shrimp Processors Association's Supplemental
Partial Withdrawal of Review Requests,'' dated April 13, 2022.
\4\ See Soc Trang Seafood Joint Stock Company's Letter,
``Withdrawal of Request for Review,'' dated April 13, 2022.
\5\ See Akin Gump's Letter, ``Withdrawal of Review Request--
Thong Thuan Cam Ranh Seafood Joint Stock Company (T&T Cam Ranh),''
dated April 22, 2022.
\6\ See ASPA's Letters, ``American Shrimp Processors
Association's Supplemental Partial Withdrawal of Review Requests,''
both dated April 22, 2022. ASPA initially filed a letter withdrawing
its review request of only Thong Thuan Cam Ranh Seafood Joint Stock
Company, and subsequently, filed a second letter withdrawing its
review request of T&T Cam Ranh, a known trade name of Thong Thuan
Cam Ranh Seafood Joint Stock Company, for which ASPA also initially
requested review.
\7\ See Petitioner's Letter, ``Domestic Producers' Partial
Withdrawal of Review Requests,'' dated April 26, 2022; and ASPA's
Letter, ``American Shrimp Processors Association's Supplemental
Partial Withdrawal of Review Requests,'' dated April 26, 2022.
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On May 9 and 12, 2022, three companies identified in the U.S.
Customs and Border Protection (CBP) data as having entries of subject
merchandise during the POR filed timely separate rate applications.\8\
On June 2, 2022, we selected Quang Minh Seafood Co., Ltd. for
individual examination pursuant to section 777A(c)(2) of the Act.\9\ On
September 19, 2022, Safe and Fresh Aquatic Products Joint Stock
Company, one of the non-selected companies seeking a separate rate,
withdrew from the administrative review.\10\ On September 30, 2022,
Commerce extended the deadline for the preliminary results by 100 days
to February 8, 2023.\11\
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\8\ See Akin Gump's Letters, ``Separate Rate Applications,''
dated May 9, 2022 (under separate cover for Quang Minh Seafood
Limited Liability Company and Ngoc Trinh Bac Lieu Seafood Co., Ltd);
and ``Separate Rate Applications,'' May 12, 2022 (covering Safe and
Fresh Aquatic Products Joint Stock Company).
\9\ See Memorandum, ``Respondent Selection,'' dated June 2,
2022.
\10\ See Safe and Fresh Aquatic Products Joint Stock Company's
Letter, ``Withdrawal of Safe and Fresh from Administrative Review,''
dated September 19, 2022.
\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
30, 2022.
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On October 18, 2022, Quang Minh Seafood Co., Ltd., the mandatory
respondent, withdrew from the administrative review.\12\ On November 4,
2022, consistent with section 777(A)(c)(2) of the Act, we selected the
remaining company under review that was eligible for individual
examination, Ngoc Trinh Bac Lieu Seafood Co., Ltd., as a mandatory
respondent.\13\ On November 15, 2022, Ngoc Trinh Bac Lieu Seafood Co.,
Ltd. also withdrew from the administrative review.\14\ Commerce did not
select any further mandatory respondents because all companies that
were eligible for individual examination had withdrawn from the
administrative review, as discussed above.
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\12\ See Quang Ming Seafood Co., Ltd.'s Letter, ``Withdrawal
from Administrative Review,'' dated October 18, 2022.
\13\ See Memorandum, ``Second Respondent Selection,'' dated
November 4, 2022.
\14\ See Ngoc Trinh Bac Lieu Seafood Co., Ltd.'s Letter,
``Withdrawal from Administrative Review,'' dated November 15, 2022.
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Scope of the Order \15\
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\15\ 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).
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The merchandise subject to the Order is certain frozen warmwater
shrimp.
[[Page 59]]
The product is currently classified under the following Harmonized
Tariff Schedule of the United States (HTSUS) item numbers:
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 numbers 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: (1) Bien Dong Seafood Co., Ltd.; (2)
Seavina Joint Stock Company; (3) Soc Trang Seafood Joint Stock Company;
(4) STAPIMEX; (5) Thong Thuan Cam Ranh Seafood Joint Stock Company; and
(6) T&T Cam Ranh 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, 2021, through January 31,
2022, 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 100
companies.
Preliminary Determination of No Shipments
Commerce received timely no-shipment certifications from 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.\16\ To confirm these companies' no-shipment claims,\17\ Commerce
issued a no-shipment inquiry to CBP and received no contradictory
information.\18\ 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.\19\
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\16\ As stated in the Initiation Notice, 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, 47757-47758 (July 22, 2016). Accordingly, this
review was initiated for these three exporters only with respect to
subject merchandise produced by another entity. See Initiation
Notice, 87 FR at 21637 (footnotes 8 through 10).
\17\ See BIM Foods Joint Stock Company's Letter, ``No Shipments
Certification,'' dated April 12, 2022; see also Minh Phu Group's
Letter, ``Notice of No Shipments,'' dated May 11, 2022 (covering all
companies identified within the Minh Phu Group, which includes the
following companies listed in the Initiation Notice: Minh Phu Hau
Giang Seafood; Minh Phu Seafood Corporation; and Minh Qui Seafood
Co., Ltd).
\18\ See Memorandum, ``No Shipment Inquiry,'' dated September 6,
2022 (where CBP confirmed that it found no entries by BIM Foods
Joint Stock Company; and Minh Phu Hau Giang Seafood, Minh Phu
Seafood Corporation, and Minh Qui Seafood Co., Ltd).
\19\ 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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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Because the two mandatory respondents and a
non-selected separate rate company in this administrative review did
not respond to Commerce's requests for information, but rather,
withdrew their participation from the review, we preliminarily
determine that they are ineligible for a separate rate and are,
therefore, part of the Vietnam-Wide entity, subject to the Vietnam-Wide
entity rate of 25.76 percent.
Vietnam-Wide Entity
Commerce finds that 96 companies (see Appendix II) under review,
including Quang Minh Seafood Co., Ltd., Safe and Fresh Aquatic Products
Joint Stock Company, and Ngoc Trinh Bac Lieu Seafood Co., Ltd., have
not established eligibility for a separate rate and are considered to
be part of the Vietnam-wide entity for these preliminary results.\20\
Commerce's policy regarding conditional review of the Vietnam-wide
entity applies to this administrative review.\21\ 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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\20\ See Jilin Forest Indus. Jinqiao Flooring Grp. Co. v. United
States, 519 F. Supp. 3d 1224, 1241 (CIT 2021) (affirming how a
company is ``unable to carry its burden of affirmatively showing
lack of de jure and de facto control by the Chinese government,
because the remaining public information on the record {does{time}
not include verifiable evidence that would be necessary to establish
the {company's{time} eligibility for a separate rate.'')
\21\ 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 the two mandatory respondents did not
respond to our requests for information, but rather, withdrew from the
review, they have not established eligibility for a separate rate.
Based on the above information, Commerce has not calculated any dumping
margins for any companies under review, nor has Commerce granted
separate rates to any companies under review. As discussed above,
Commerce has preliminarily determined that the remaining 96 companies
under review, including the two mandatory respondents and a non-
selected company seeking a separate rate, are part of the Vietnam-wide
entity, and are subject to the Vietnam-wide entity rate of 25.76
percent (see appendix II).
Disclosure and Public Comment
Normally, Commerce will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, here Commerce
has only preliminarily applied the Vietnam-Wide rate, which was
established in the underlying investigation,\22\ to the 96 companies
[[Page 60]]
identified in appendix II. Thus, there are no calculations to disclose.
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\22\ 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.\23\ Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within seven days from the deadline date for the
submission of case briefs.\24\ 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.\25\ Case and rebuttal briefs should be
filed electronically via ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\26\
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\23\ See 19 CFR 351.309(c)(1)(ii).
\24\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).''
\25\ See 19 CFR 351.309(c)(2) and (d)(2).
\26\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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.\27\ Hearing requests should
contain: (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.\28\
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\27\ See 19 CFR 351.310(c).
\28\ Id.
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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. 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.\29\
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\29\ See NME AD Assessment.
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For the final results, if we continue to treat the 96 companies
identified in Appendix II as part of the Vietnam-wide entity, we will
instruct CBP to apply an ad valorem assessment rate of 25.76 percent to
all entries of subject merchandise during the POR which were exported
by those companies. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) for previously
investigated or reviewed Vietnam and non-Vietnam exporters that have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate established in the most recently completed segment of
this proceeding; (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.
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.
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: December 28, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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,\30\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\30\ ``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 HTS, are
products which are processed from warmwater shrimp and prawns
through freezing and which are sold in any count-size.
The products described above may be processed from any species
of warmwater shrimp and prawns. Warmwater shrimp and prawns are
generally classified in, but are not limited to, the Penaeidae
family. Some examples of the farmed and wild-caught warmwater
species include, but are not limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn (Macrobrachium rosenbergii), giant
tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus
brasiliensis), southern brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus
curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp
(Penaeus stylirostris), western white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus indicus).
[[Page 61]]
Frozen shrimp and prawns that are packed with marinade, spices
or sauce are included in the scope of the Order. In addition, food
preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in
the scope of the Order.
Excluded from the scope are: (1) breaded shrimp and prawns (HTS
subheading 1605.20.10.20); (2) shrimp and prawns generally
classified in the Pandalidae family and commonly referred to as
coldwater shrimp, in any state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS
subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and (7)
certain battered shrimp. Battered shrimp is a shrimp-based product:
(1) that is produced from fresh (or thawed-from-frozen) and peeled
shrimp; (2) to which a ``dusting'' layer of rice or wheat flour of
at least 95 percent purity has been applied; (3) with the entire
surface of the shrimp flesh thoroughly and evenly coated with the
flour; (4) with the non-shrimp content of the end product
constituting between four and 10 percent of the product's total
weight after being dusted, but prior to being frozen; and (5) that
is subjected to individually quick frozen (IQF) freezing immediately
after application of the dusting layer. When dusted in accordance
with the definition of dusting above, the battered shrimp product is
also coated with a wet viscous layer containing egg and/or milk, and
par-fried.
The products covered by this Order are currently classified
under the following HTS subheadings: 0306.17.0004, 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
HTS subheadings are provided for convenience and for customs
purposes only and are not dispositive, but rather the written
description of the scope of this Order is dispositive.\31\
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\31\ On April 26, 2011, Commerce amended the antidumping duty
order to include dusted shrimp, pursuant to the U.S. Court of
International Trade (CIT) decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission (ITC) determination, which found
the domestic like product to include dusted shrimp. See Certain
Frozen Warmwater Shrimp from Brazil, India, the People's Republic of
China, Thailand, and the Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final Court Decision, 76
FR 23277 (April 26, 2011); see also Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010); and
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and
Vietnam, Inv. Nos. 731-TA-1063, 1064, 1066-1068 (Review), USITC
Publication 4221 (March 2011).
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Appendix II--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.
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. 2022-28521 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 3, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.