Notice2024-03072
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Determination of No Shipments of Antidumping Duty Administrative Review; 2022-2023
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
February 14, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that no companies under review qualify for a separate rate, and that these companies are, therefore, considered part of the Socialist Republic of Vietnam (Vietnam)-wide entity. Additionally, Commerce determines that certain companies had no shipments of subject merchandise during the period of review (POR), February 1, 2022, through January 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11249-11251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03072]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Final Results and Final Determination of No Shipments of
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that no
companies under review qualify for a separate rate, and that these
companies are, therefore, considered part of the Socialist Republic of
Vietnam (Vietnam)-wide entity. Additionally, Commerce determines that
certain companies had no shipments of subject merchandise during the
period of review (POR), February 1, 2022, through January 31, 2023.
DATES: Applicable February 14, 2024.
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 respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2023, Commerce published in the Federal Register the
preliminary results of this administrative review of the antidumping
duty order on certain frozen warmwater shrimp from Vietnam.\1\ This
review covers 118 companies preliminarily determined to be part of the
Vietnam-wide entity and four companies preliminarily determined to have
no shipments of subject merchandise during the POR.\2\ We invited
parties to comment on the Preliminary Results.\3\ No interested party
submitted comments. Accordingly, the final results are unchanged from
the Preliminary Results, with the exception of our treatment of Vietnam
Fish One,\4\ and no decision memorandum accompanies this Federal
Register notice. Commerce conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Preliminary Results, Partial Rescission, and
Preliminary Determination of No Shipments of Antidumping Duty
Administrative Review; 2022-2023, 88 FR 75550 (November 3, 2023)
(Preliminary Results).
\2\ In the Preliminary Results, we preliminarily determined that
117 companies under review belong to the Vietnam-wide entity.
However, after the publication of the Preliminary Results, we
determined that, based upon a re-examination of the record, Vietnam
Fish One Co., Ltd. (Vietnam Fish One), a company with respect to
which we stated we would rescind the review in the Preliminary
Results, must be included in the Vietnam-wide entity because of its
historical a.k.a. relationship with Viet Hai Seafood Co., Ltd., a
company we preliminarily determined to belong to the Vietnam-wide
entity. For a full discussion, see Memorandum, ``Status of Vietnam
Fish One Co., Ltd.,'' dated November 13, 2023 (Vietnam Fish One
Status Memorandum).
\3\ See Preliminary Results at 75552.
\4\ See Vietnam Fish One Status Memorandum.
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Scope of the Order <SUP>5</SUP>
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\5\ 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 from Vietnam. For a full description of the scope of the Order,
see the Preliminary Results.\6\
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\6\ See Preliminary Results, 88 FR at 75552 and Appendix I.
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Final Determination of No Shipments
In the Preliminary Results, Commerce found that the following four
companies did not have any shipments of subject merchandise during the
POR: (1) Bien Dong Seafood Co., Ltd.; (2) Vinh Hoan Corp.; (3) Seavina
Joint Stock Company; and (4) BIM Foods Joint Stock
[[Page 11250]]
Company.\7\ As we have not received any information to contradict this
preliminary finding, Commerce determines that these four companies did
not have any shipments of subject merchandise during the POR and will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.
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\7\ Id., 88 FR at 75551. Consistent with the Preliminary
Results, we omitted Van Duc Export Joint Stock Company from this
list of companies because although it timely filed a no-shipment
certification, the company is not under review. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 88 FR
21609, 2167 (April 11, 2023) (Initiation Notice).
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Final Results of Review
As no parties submitted comments regarding the Preliminary Results,
Commerce made no changes to its determinations for the final results of
this review, with the exception of the treatment of Vietnam Fish One,
as discussed above. For these final results, Commerce continues to find
that no company under review submitted a timely separate rate
application or separate rate certification, and therefore, no company
has established eligibility for a separate rate.
Disclosure
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. Commerce
continues to find that 118 companies under review are part of the
Vietnam-wide entity and are subject to the Vietnam-wide entity rate of
25.76 percent (see Appendix). Because no party requested a review of
the Vietnam-wide entity, and we did not self-initiate a review, the
Vietnam-wide entity rate (i.e., 25.76 percent) \8\ is not subject to
change as a result of this review. Consequently, there are no
calculations to disclose in accordance with 19 CFR 351.224(b) for these
final results.
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\8\ See Order.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
We have not calculated any assessment rates in this administrative
review. With regard to the 118 companies identified in the appendix to
this notice as part of the Vietnam-wide entity, we will instruct CBP to
apply an ad valorem assessment rate of 25.76 percent to all entries of
subject merchandise during the POR which were exported by those
companies. Additionally, consistent with Commerce's assessment practice
in non-market economy (NME) cases, for any exporter under review which
Commerce determined had no shipments of the subject merchandise during
the POR, any suspended entries that entered under that exporter's case
number (i.e., at that exporter's rate) will be liquidated at the NME-
wide rate.\9\
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) for previously
investigated or reviewed Vietnamese and non-Vietnamese exporters that
are not under review in this segment of the proceeding but have
separate rates, the cash deposit rate will continue to be the
exporter's existing cash deposit rate; (2) for all Vietnamese 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-Vietnamese
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the
Vietnamese exporter that supplied that non-Vietnamese exporter. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1)(B) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
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
[[Page 11251]]
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.
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 \10\
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\10\ As stated in the Initiation Notice, 88 FR at 21609, 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).
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55. Minh Phu Hau Giang Seafood \11\
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\11\ 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).
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56. Minh Phu Seafood Corporation \12\
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\12\ 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).
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57. Minh Qui Seafood Company Limited \13\
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\13\ 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).
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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. Vietnam Fish One Co., Ltd.\14\
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\14\ As noted above, though we stated we would rescind the
review with respect to Vietnam Fish One in the Preliminary Results,
we determined after the publication of the Preliminary Results that
it must be included in the Vietnam-wide entity because of its
historical a.k.a. relationship with Viet Hai Seafood Co., Ltd., a
company we have determined to belong to the Vietnam-wide entity. For
a full discussion, see the Vietnam Fish One Status Memorandum.
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116. VIFAFOOD
117. Vinh Phat Food Joint Stock Company
118. XNK Thinh Phat Processing Company
[FR Doc. 2024-03072 Filed 2-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 14, 2024.
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.