Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 52273 

1The mandatory respondents are: Minh Phu 

Seafood Export Import Corporation (and affiliated 

Minh Qui Seafood Co., Ltd. and Minh Phat Seafood 

Co., Ltd.), Minh Phu Seafood Corporation; Minh 

Phu Seafood Corp., Minh Qui Seafood Co., Ltd., 

Minh Qui Seafood, Minh Phat Seafood Co., Ltd., 

Minh Phat Seafood, (collectively, ‘‘Minh Phu’’) and 

Camau Frozen Seafood Processing Import Export 

Corporation (‘‘Camimex’’). 

2 ‘‘Tails’’ in this context means the tail fan, which 

includes the telson and the uropods. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Final Results and Final 

Partial Rescission of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 6, 2008, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register the preliminary results of the 

second administrative review of the 

antidumping duty order on certain 

frozen warmwater shrimp from the 

Socialist Republic of Vietnam 

(‘‘Vietnam’’). Certain Frozen Warmwater 

Shrimp from the Socialist Republic of 

Vietnam: Preliminary Results, 

Preliminary Partial Rescission and Final 

Partial Rescission of the Second 

Administrative Review, 73 FR 12127 

(March 6, 2008) (‘‘Preliminary Results’’). 

We gave interested parties an 

opportunity to comment on the 

Preliminary Results. Based upon our 

analysis of the comments and 

information received, we made changes 

to the margin calculations for the final 

results. We find that certain 

manufacturers/exporters have not sold 

subject merchandise at less than normal 

value during the period of review 

(‘‘POR’’) February 1, 2006, through 

January 31, 2007. 

EFFECTIVE DATE: September 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–6905. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 6, 2008, the Department 

published the Preliminary Results of 

this administrative review. See 

Preliminary Results at 73 FR 12127. On 

March 26, 2008, the mandatory 

respondents 1 submitted additional 

surrogate value information. On April 3, 

2008, we extended the deadline for 

parties to submit the case briefs and 

rebuttal briefs to May 7, 2008 and May 

12, 2008, respectively. On April 7, 2008, 

the Ad Hoc Shrimp Trade Action 

Committee (‘‘Petitioner’’) filed a request 

for a public hearing. On May 9, 2008, 

we extended the deadline to file rebuttal 

briefs to May 14, 2008. On May 22, 

2008, the Department extended the 

deadline for the completion of the final 

results of this review, including our 

analysis of issues raised in case or 

rebuttal briefs, until September 2, 2008. 

See Certain Frozen Warmwater Shrimp 

from Thailand and the Socialist 

Republic of Vietnam: Notice of 

Extension of Time Limit for the Final 

Results of the Second Administrative 

Reviews 73 FR 29738 (May 22, 2008). 

On May 7, 2008, the mandatory 

respondents, certain separate-rate 

respondents, Petitioner, Grobest & I-Mei 

Industrial (Vietnam) Co., Ltd. 

(‘‘Grobest’’), and Vietnam Fish One Co., 

Ltd. (‘‘Fish-One’’) filed case briefs. On 

May 14, 2008, Petitioner, the mandatory 

respondents, Grobest, and Fish-One 

filed rebuttal briefs. On May 21, 2008, 

Petitioner withdrew its hearing request, 

leaving no public hearing request on the 

record. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to these 

reviews are addressed in the 

Antidumping Duty Order on Certain 

Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: Issues 

and Decision Memorandum for the 

Second Administrative Review, dated 

September 2, 2008, which is hereby 

adopted by this notice (‘‘Issues and 

Decision Memo’’). A list of the issues 

which parties raised and to which we 

respond in the Issues and Decision 

Memo is attached to this notice as an 

Appendix. The Issues and Decision 

Memo is a public document and is on 

file in the Central Records Unit 

(‘‘CRU’’), Main Commerce Building, 

Room 1117, and is accessible on the 

Web at http://www.trade.gov/ia. The 

paper copy and electronic version of the 

memorandum are identical in content. 

Final Rescission of Review 

In the Preliminary Results, the 

Department issued a notice of intent to 

rescind this administrative review with 

respect to: Bac Lieu Fisheries Company 

Limited (‘‘Bac Lieu’’), Khanh Loi 

Trading (‘‘Khanh Loi’’), Pataya Food 

Industry (Vietnam) Ltd. (‘‘Pataya’’), 

Seaprodex, Bentre Aquaproduct Imports 

& Exports (‘‘Bentre’’), Hanoi 

Seaproducts Import Export Corporation 

(‘‘Seaprodex Hanoi’’), and Cam Ranh 

Seafoods Processing Enterprise 

Company (‘‘Camranh’’), which informed 

the Department that they did not export 

the subject merchandise to the United 

States during the POR. See Preliminary 

Results at 12129. 

Subsequent to the Preliminary 

Results, no information was submitted 

on the record indicating that the above 

companies made sales to the United 

States of subject merchandise during the 

POR. Thus, in accordance with 19 CFR 

351.213(d)(3) and consistent with our 

practice, we are rescinding this review 

with respect to the seven abovementioned companies for the period of 

February 1, 2006, through January 31, 

2007. 

Changes Since the Preliminary Results 

Based on our analysis of information 

on the record of these reviews, and 

comments received from the interested 

parties, we have made changes to the 

margin calculations for certain 

respondents. 

We have updated the surrogate value 

for labor and surrogate financial ratios 

used in the Preliminary Results. For 

further details see Issues and Decision 

Memo at Comments 3 and 4 and 

Antidumping Duty Administrative 

Review of Certain Frozen Warmwater 

Shrimp from the Socialist Republic of 

Vietnam: Surrogate Values for the Final 

Results, dated September 2, 2008. In 

addition, we have made companyspecific changes since the Preliminary 

Results. Specifically, we have 

performed clerical error corrections for 

Minh Phu. For further details on these 

company-specific changes, see Issues 

and Decision Memo at Comment 8. 

Scope of the Order 

The scope of this order includes 

certain frozen warmwater shrimp and 

prawns, whether wild-caught (ocean 

harvested) or farm-raised (produced by 

aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,2

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 

this 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 


jlentini on PROD1PC65 with NOTICES
52274 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 

3These other separate rate companies are: 

Amanda Foods (Vietnam) Ltd.; {C.P. Vietnam 

Livestock Co. Ltd.; C P Vietnam Livestock Co. Ltd.; 

C P Livestock} (collectively, CP Vietnam); {Ca Mau 

Seafood Joint Stock Company (‘‘SEAPRIMEXCO’’); 

Minh Hai Sea Products Import Export Company 

(Seaprimex Co)} (collectively, Seaprimexco); 

{Cadovimex Seafood Import-Export and Processing 

Joint Stock Company (‘‘CADOVIMEX’’); Cai Doi 

Vam Seafood Import-Export Company 

(Cadovimex)} (collectively, Cadovimex); {Cafatex 

Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’); 

Cantho Animal Fisheries Product Processing Export 

Enterprise (Cafatex)} (collectively, Cafatex); {Can 

Tho Agricultural and Animal Product Import 

Export Company (‘‘CATACO’’); Can Tho 

Agricultural Products aka CATACO} (collectively, 

Cataco); {Coastal Fishery Development; Coastal 

Fisheries Development Corporation (Cofidec); 

Coastal Fisheries Development Corporation 

(Cofidec)} (collectively, Cofidec); {Cuulong 

Seaproducts Company (‘‘Cuu Long Seapro’’); Cuu 

Long Seaproducts Limited (Cuulong Seapro)} 

(collectively, Cuulong Seapro); Danang Seaproducts 

Import Export Corporation (‘‘Seaprodex Danang’’) 

and Tho Quang Seafood Processing & Export 

Company; {Thuan Phuoc Seafoods and Trading 

Corporation aka Frozen Seafoods Factory 32 aka 

Seafoods and Foodstuff Factory; Frozen Seafoods 

Factory No. 32 aka thuan phuoc); Frozen Seafoods 

Fty aka above Thuan Phuoc} (collectively, Thuan 

Phuoc); {Grobest & I-Mei Industry Vietnam; 

Grobest} (collectively, Grobest); Investment 

Commerce Fisheries Corporation (‘‘Incomfish’’); 

Kim Anh Co., Ltd.; {Minh Hai Export Frozen 

Seafood Processing Joint Stock Company; Minh Hai 

Export Frozen Seafood Processing Joint Stock 

Company (‘‘Minh Hai Jostoco’’)} (collectively, Minh 

Hai Jostoco); Minh Hai Joint-Stock Seafoods 

Processing Company (‘‘Seaprodex Minh Hai’’); Ngoc 

Sinh Private Enterprise aka Ngoc Sinh Seafoods 

(collectively, Ngoc Sinh); Nha Trang Fisheries Joint 

Stock Company (‘‘Nha Trang Fisco’’); Nha Trang 

Seaproduct Company (‘‘Nha Trang Seafoods’’); Phu 

Cuong Seafood Processing and Import-Export Co., 

Ltd.; {Phuong Nam Co. Ltd.; Phuong Nam Seafood 

Co. Ltd.} (collectively, Phuong Nam); Sao Ta Foods 

Joint Stock Company (‘‘Fimex VN’’); Soc Trang 

Aquatic Products and General Import Export 

Company (‘‘Stapimex’’); UTXI Aquatic Products 

Processing Company; Viet Foods Co., Ltd. (‘‘Viet 

Foods’’); {Viet Hai Seafoods Company Ltd. 

(‘‘Vietnam Fish One Co. Ltd.’’); Viet Hai Seafoods 

Company Ltd. (‘‘Vietnam Fish One Co. Ltd’’); 

Vietnam Fish-One Co., Ltd.} (collectively, FishOne); and Vinh Loi Import Export Company 

(‘‘Vimexco’’). 

4Although we stated in the Preliminary Results 

that 27 companies received a separate rate, two of 

the companies listed separately (Ngoc Sinh Private 

Enterprise and Ngoc Sinh Seafoods) are trade names 

of the same company. In actuality, 26 companies/ 

groups have received a separate rate. 

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, whiteleg 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 this 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 this 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); (7) certain dusted 

shrimp; and (8) certain battered shrimp. 

Dusted 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 IQF freezing 

immediately after application of the 

dusting layer. Battered shrimp is a 

shrimp-based product that, when dusted 

in accordance with the definition of 

dusting above, is 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: 

0306.13.00.03, 0306.13.00.06, 

0306.13.00.09, 0306.13.00.12, 

0306.13.00.15, 0306.13.00.18, 

0306.13.00.21, 0306.13.00.24, 

0306.13.00.27, 0306.13.00.40, 

1605.20.10.10, and 1605.20.10.30. 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. 

Separate Rates 

In our Preliminary Results, we 

determined that the mandatory 

respondents, Minh Phu and Camimex, 

as well as certain separate-rate 

respondents, met the criteria for the 

application of a separate rate.3 We have 

not received any information since the 

issuance of the Preliminary Results that 

provides a basis for reconsideration of 

these determinations. Therefore, the 

Department continues to find each of 

these entities meet the criteria for a 

separate rate. However, in the ‘‘Final 

Results of the Review’’ section below, 

the Department has listed the qualifying 

additional trade names for each 

company granted a separate rate in this 

review. For a detailed discussion of the 

trade names not granted separate-rate 

status under cover of a separate-rate 

recipient, see Issues and Decision Memo 

at Comment 7. 

Separate Rate Calculation 

In the Preliminary Results, we stated 

that the Department employed a limited 

examination methodology, as it did not 

have the resources to examine all 

companies for which a review request 

was made and selected two exporters, 

Minh Phu and Camimex, as mandatory 

respondents in this review. See 

Preliminary Results at 12133. 

Additionally, 26 4 additional companies 

(listed in footnote three) submitted 

timely information as requested by the 

Department and remained subject to 

review as cooperative separate rate 

respondents. The Department assigned a 

rate to the remaining 26 cooperative 

separate rate respondents not selected 

for individual examination. 

In the Preliminary Results, we noted 

that the statute and the Department’s 

regulations do not directly address the 

establishment of a rate to be applied to 

individual companies not selected for 

examination where the Department 

limited its examination in an 

administrative review pursuant to 

section 777(A)(c)(2) of the Tariff Act of 

1930, as amended (‘‘the Act’’). We 

further explained that the Department’s 

practice in this regard, in cases 

involving limited selection based on 

exporters accounting for the largest 

volumes of trade, has been to weightaverage the rates for the selected 

companies excluding zero and de 

minimis rates and rates based entirely 

on adverse facts available (‘‘AFA’’). For 

purposes of the Preliminary Results, 

however, we did assign the 26 separate 

rate respondents a dumping margin of 

de minimis because the mandatory 

respondents, Minh Phu and Camimex, 

both received de minimis rates. 

However, in the Preliminary Results, 

the Department also invited comments 

from interested parties regarding the 

methodology used to determine the rate 

for non-selected companies. Id., at 

12135–36. Specifically, we invited 


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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 52275 

5See Preliminary Results at footnote 10 for a list 

of the 35 unresponsive companies. 

interested parties to comment on the 

rate to be applied to the non-selected 

companies, considering, but not limited 

to, the following factors: (a) The 

Department has limited its examination 

of respondents pursuant to section 

777A(c)(2)(B) of the Act, (b) section 

735(c)(5) provides that, with some 

exceptions, the all-others rate in an 

investigation is to be calculated 

excluding any margins that are zero, de 

minimis or based entirely on facts 

available, and (c) the SAA states that 

with respect to the calculation of the allothers rate in such cases, ‘‘the expected 

method will be to weight-average the 

zero and de minimis margins and 

margins determined pursuant to the 

facts available, provided that volume 

data is available. However, if this 

method is not feasible, or if it results in 

an average that would not be reasonably 

reflective of potential dumping margins 

for non-investigated exporters or 

producers, Commerce may use other 

reasonable methods.’’ See SAA at 873. 

We received comments on this issue 

from Petitioner, the mandatory 

respondents, Fish-One, Grobest, and 

certain non-selected, cooperative 

separate-rate respondents. These 

comments were addressed in the Issues 

and Decision Memorandum at Comment 

6. 

Based on the comments we received, 

for the final results of this review, we 

have determined that, because the 

circumstances of this review are similar 

to those of the preceding review, we 

will assign the margin of 4.57 percent, 

the margin calculated for cooperative 

separate rate respondents in the 

underlying investigation, to the SR 

Respondents in the instant review with 

no history of a calculated margin, as a 

reasonable method which is reflective of 

the range of commercial behavior 

demonstrated by exporters of the subject 

merchandise during a very recent period 

in time. However, for those SR 

Respondents that received a calculated 

rate in a prior segment, we are assigning 

that calculated rate as the company’s 

separate rate in this review. Specifically, 

for Fish-One and Grobest, we are 

assigning the rates most recently 

calculated for both companies (zero) as 

their separate rate in the instant review 

because these rates are more recent than 

the separate rate calculated in the LTFV 

and are based on the company’s own 

data. Additionally, for Minh Hai JointStock Seafoods Processing Company 

(‘‘Seaprodex Minh Hai’’), we are also 

assigning, as a separate rate, the most 

recent calculated rate of 4.30 percent, 

from the LTFV, which was based on the 

company’s own data. For all other SR 

Respondents in the instant review, the 

separate rate is 4.57 percent. For 

additional details, see Issues and 

Decision Memorandum at Comment 6. 

Vietnam-Wide Entity 

In the Preliminary Results, the 

Department determined that 35 

companies which did not demonstrate 

eligibility for a separate rate are 

properly considered part of the 

Vietnam-Wide entity.5 As these 

companies failed to respond to the 

Department’s quantity and value 

questionnaire, we found it appropriate 

to apply facts available to the VietnamWide entity, which includes these 

entities, in accordance with sections 

776(a)(2)(A) and (B) of the Act. 

Moreover, because the Vietnam-Wide 

entity did not respond to the 

Department’s questionnaires, we found 

it did not cooperate to the best of its 

ability and therefore, determined that 

adverse facts available (‘‘AFA’’) was 

appropriate pursuant to section 776(b) 

of the Act. Since the Preliminary 

Results, none of these companies 

submitted comments regarding these 

findings. Therefore, we continue to find 

that it is appropriate to apply facts 

available with an adverse inference with 

respect to the Vietnam-Wide entity 

(including the 35 non-responsive 

companies/groups) in accordance with 

section 776(b) of the Act. 

Final Results of the Review 

The Department has determined that 

the following final dumping margins 

exist for the period February 1, 2006, 

through January 31, 2007: 

CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM

Manufacturer/exporter 

Weighted-average 

margin 

(percent) 

Minh Phat Seafood Co., Ltd., aka Minh Phat Seafood aka Minh Phu Seafood Export Import Corporation (and affiliates 

Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) aka Minh Phu Seafood Corp. aka Minh Phu Seafood Corporation aka Minh Qui Seafood aka Minh Qui Seafood Co., Ltd ............................................................................................ a 0.01 

Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’), aka Camimex, aka Camau Seafood Factory 

No. 4, aka Camau Seafood Factory No. 5 .............................................................................................................................. 0.00 

Amanda Foods (Vietnam) Ltd ..................................................................................................................................................... 4.57 

C.P. Vietnam Livestock Co. Ltd., aka C P Vietnam Livestock Co. Ltd., aka C P Livestock ...................................................... 4.57 

Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘CADOVIMEX’’) aka Cai Doi Vam Seafood Import-Export Company (Cadovimex) ......................................................................................................................................... 4.57 

Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’) aka Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), aka Cafatex, aka Cafatex Vietnam, aka Xi Nghiep Che Bien Thuy Suc San Xuat Khau Can Tho, aka 

Cas, aka Cas Branch, aka Cafatex Saigon, aka Cafatex Fishery Joint Stock Corporation, aka Cafatex Corporation, aka 

Taydo Seafood Enterprise ....................................................................................................................................................... 4.57 

Can Tho Agricultural and Animal Product Import Export Company (‘‘CATACO’’) aka Can Tho Agricultural Products aka 

CATACO 6 ................................................................................................................................................................................ 4.57 

Coastal Fishery Development aka Coastal Fisheries Development Corporation (Cofidec) aka Coastal Fisheries Development Corporation (Cofidec) ...................................................................................................................................................... 4.57 

Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka Cuu Long Seaproducts Limited (Cuulong Seapro) ...................... 4.57 

Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) aka Tho Quang Seafood Processing & Export 

Company, aka Seaprodex Danang, aka Tho Quang Seafood Processing And Export Company, aka Tho Quang ............. 4.57 

Frozen Seafoods Factory No. 32, aka Frozen Seafoods Fty, aka Thuan Phuoc, aka Thuan Phuoc Seafoods and Trading 

Corporation, aka Frozen Seafoods Factory 32, aka Seafoods and Foodstuff Factory .......................................................... 4.57 

Grobest & I-Mei Industry Vietnam, aka Grobest ......................................................................................................................... b 0.00 

Investment Commerce Fisheries Corporation (‘‘Incomfish’’) ....................................................................................................... 4.57 


jlentini on PROD1PC65 with NOTICES
52276 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 

6We continue to find that the separate rate 

granted to Cataco is limited to only Cataco’s exports 

of subject merchandise during the POR. Cataco’s 

separate rate does not apply to Cantho ImportExport Seafood Joint Stock Company, aka 

Caseamex. For a detailed discussion, see Issue and 

Decision Memorandum at Comment 7. 

7We note that we have not extended Minh Hai 

Jostoco’s separate-rate status to: Kien Cuong 

Seafood Processing Import Export Joint-Stock 

Company (‘‘Kien Cuong’’) and Viet Cuong Seafood 

Processing Import Export Joint-Stock Company 

(‘‘Viet Cuong’’). For a detailed discussion, see Issues 

and Decision Memorandum at Comment 7. 

8We note that we have not extended UTXI’s 

separate-rate status to: UTXI Aquatic Products 

Processing Corporation. For a detailed discussion, 

see Issues and Decision Memorandum at Comment 

7. 

9The Vietnam-Wide entity includes: AAAS 

Logistics; Agrimex; American Container Line; An 

Giang Fisheries Import and Export Joint Stock 

Company (Agifish); Angiang Agricultural 

Technology Service Company; Bentre Frozen 

Aquaproduct Exports; Can Tho Seafood Exports; 

Cautre Enterprises; Dong Phuc Huynh; General 

Imports & Exports; Hacota; Hai Thuan Export 

Seaproduct Processing Co., Ltd.; Hai Viet; Hatrang 

Frozen Seaproduct Fty; Hoa Nam Marine 

Agricultural; Lamson Import-Export Foodstuffs 

Corporation; Nha Trang Company Limited; Nha 

Trang Fisheries Co. Ltd.; Saigon Orchide; Sea 

Product; Sea Products Imports & Exports; Seafood 

Processing Imports-Exports; Sonacos; Song Huong 

ASC Joint Stock Company; Special Aquatic 

Products Joint Stock Company (‘‘Seaspimex’’); 

Tacvan Frozen Seafoods Processing Export 

Company; Thami Shipping & Airfreight; Thanh 

Long; Thien Ma Seafood; Tourism Material and 

Equipment Company (Matourimex Hochiminh City 

Branch); Truc An Company; Vietnam Northern 

Viking Technology Co. Ltd.; Vietnam Northern 

Viking Technologie Co Ltd.; Vilfood Co.; Vita; V N 

Seafoods. 

CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM—Continued 

Manufacturer/exporter 

Weighted-average 

margin 

(percent) 

Kim Anh Co., Ltd ......................................................................................................................................................................... 4.57 

Minh Hai Export Frozen Seafood Processing Joint Stock Company, aka Minh Hai Jostoco, aka Minh Hai Export Frozen 

Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostoco’’), aka Minh Hai Export Frozen Seafood Processing JointStock Company, aka Minh Hai Joint Stock Seafood Processing Joint-Stock Company, aka Minh Hai Export Frozen Seafood Processing Joint-Stock Co. 7 ........................................................................................................................................... 4.57 

Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) ........................................................................ 4.30 

Minh Hai Sea Products Import Export Company (Seaprimex Co), aka Ca Mau Seafood Joint Stock Company 

(‘‘SEAPRIMEXCO’’) ................................................................................................................................................................. 4.57 

Ngoc Sinh Private Enterprise, aka Ngoc Sinh Seafoods ............................................................................................................ 4.57 

Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) ............................................................................................... 4.57 

Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) ....................................................................................................... 4.57 

Phu Cuong Seafood Processing and Import-Export Co., Ltd ..................................................................................................... 4.57 

Phuong Nam Co. Ltd., aka Phuong Nam Seafood Co. Ltd ........................................................................................................ 4.57 

Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’), aka Sao Ta Seafood Factory ................................................................... 4.57 

Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) ..................................................................... 4.57 

UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing Company, aka UT-XI Aquatic Products Processing Company, aka UTXI, aka UTXI Co. Ltd., aka Khanh Loi Seafood Factory, aka Hoang Phuong Seafood 

Factory 8 ................................................................................................................................................................................... 4.57 

Viet Foods Co., Ltd. (‘‘Viet Foods’’) ............................................................................................................................................ 4.57 

Viet Hai Seafoods Company Ltd. (‘‘Vietnam Fish One Co. Ltd.’’) aka Vietnam Fish-One Co., Ltd ........................................... b 0.00 

Vinh Loi Import Export Company, aka Vimexco, aka Vinh Loi Import/Export Co., aka VIMEX, aka Vinhloi Import Export 

Company, aka Vinh Loi Import-Export Company .................................................................................................................... 4.57 

Vietnam-Wide Rate 9 ................................................................................................................................................................... 25.76 

a (de minimis). b (zero). 

The Department will disclose 

calculations performed for these final 

results to the parties within five days of 

the date of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and U.S. 

Customs and Border Protection (‘‘CBP’’) 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of the final results of 

review. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer-specific (or customer) ad 

valorem duty assessment rates based on 

the ratio of the total amount of the 

dumping margins calculated for the 

examined sales to the total entered 

value of those same sales. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review if any importer-specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of these final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed above, the cash deposit 

rate will be established in these final 

results of review (except, if the rate is 

zero or de minimis, i.e., less than 0.5 

percent, a zero cash deposit rate will be 

required for that company); (2) for 

previously investigated or reviewed 

Vietnamese and non-Vietnamese 

exporters not listed above that have 

separate rates, the cash deposit rate will 

continue to be the exporter-specific rate 

published for the most recent period; (3) 

for all Vietnamese exporters of subject 

merchandise which have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be the 

Vietnamese-wide rate of 25.76 percent; 

and (4) 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 exporters that supplied that 

non-Vietnamese exporter. These deposit 

requirements, when imposed, shall 

remain in effect until publication of the 

final results of the next administrative 

review. 

Notification of Interested Parties 

This notice 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 the review period. Pursuant to 19 

CFR 351.402(f)(3), failure to comply 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 52277 

with this requirement could result in 

the Department’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO as explained in 

the administrative protective order 

itself. Timely written notification of the 

return/destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This notice of final results of this 

administrative review is issued and 

published in accordance with sections 

751(a)(1) and 777(i) of the Act, 19 CFR 

351.213, and 19 CFR 351.221(b)(4). 

Dated: September 2, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I 

Comment 1: Surrogate Country 

Comment 2: Raw Shrimp Surrogate Value 

Comment 3: Surrogate Financial Ratios 

Comment 4: Wage Rate Calculation 

Comment 5: Treatment of Sales with 

Negative Margins (‘‘Zeroing’’) 

Comment 6: Separate Rate (‘‘SR’’) Calculation 

Methodology 

Comment 7: Separate-Rate Status for 

Additional Trade Names 

Comment 8: Minh Phu Group’s ImporterSpecific Assessment Clerical Error 

[FR Doc. E8–20927 Filed 9–8–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–888] 

Floor-Standing, Metal-Top Ironing 

Tables and Certain Parts Thereof From 

the People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to requests from 

interested parties, the Department of 

Commerce (‘‘the Department’’) is 

conducting an administrative review of 

the antidumping duty order on floorstanding, metal-top ironing tables and 

certain parts thereof from the People’s 

Republic of China (‘‘PRC’’). The period 

of review (‘‘POR’’) is August 1, 2006, 

through July 31, 2007. We have 

preliminarily determined that Since 

Hardware (Guangzhou) Co., Ltd. (‘‘Since 

Hardware’’), has made sales to the 

United States of the subject 

merchandise at prices below normal 

value and that Forever Holdings Limited 

(‘‘Forever Holdings’’) has not sold 

merchandise to the United States at 

prices below normal value. We invite 

interested parties to comment on these 

preliminary results. Parties filing 

comments are requested to submit with 

each argument (1) a statement of the 

issue and (2) a brief summary of the 

argument(s). 

EFFECTIVE DATE: September 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Heaney or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4475 or (202) 482–

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 6, 2004, the Department 

published in the Federal Register the 

antidumping duty order regarding floorstanding, metal-top ironing tables and 

certain parts thereof (‘‘ironing tables’’) 

from the PRC. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Floor-Standing, Metal-Top 

Ironing Tables and Certain Parts 

Thereof From the People’s Republic of 

China, 69 FR 47868 (August 6, 2004) 

(Ironing Tables Order). 

On August 2, 2007, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order of ironing 

tables from the People’s Republic of 

China. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

to Request Administrative Review, 72 

FR 42383 (August 2, 2007). On August 

30, 2007, Home Products International 

(the Petitioner in this proceeding) 

requested, in accordance with 19 CFR 

351.213(b)(2), that the Department 

conduct a administrative review of this 

order for Since Hardware. On August 

31, 2007, Since Hardware and Forever 

Holdings requested administrative 

reviews of their sales under the 

antidumping duty order. On September 

25, 2007, the Department initiated an 

administrative review of Since 

Hardware and Forever Holdings. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation in 

Part, 72 FR 54428 (September 25, 2007). 

On April 21, 2008, in accordance with 

section 751(a)(3)(A) of the Tariff Act of 

1930, as amended (‘‘the Act’’), and 19 

CFR 351.213(h)(2), the Department 

extended the deadline for the 

preliminary results of review until 

September 2, 2008. See Floor-Standing, 

Metal-Top Ironing Tables and Parts 

Thereof from the People’s Republic of 

China: Extension of the Time Limit for 

the Preliminary Results of the 2006/ 

2007 Administrative Review, 73 FR 

21317 (April 21, 2008). 

On March 3, 2008, we invited 

interested parties to comment on the 

Department’s surrogate country 

selection and to submit publicly 

available information to value the 

factors of production. On April 24, 

2008, we extended the period for filing 

surrogate value and factor of production 

comments in this review until June 6, 

2008. On June 6, 2008, Since Hardware, 

Forever Holdings, and the Petitioner 

each submitted comments concerning 

surrogate values and factors of 

production. 

The Department received timely filed 

original and supplemental questionnaire 

responses from both Since Hardware 

and Forever Holdings. 

Scope of the Order 

For purposes of this order, the 

product covered consists of floorstanding, metal-top ironing tables, 

assembled or unassembled, complete or 

incomplete, and certain parts thereof. 

The subject tables are designed and 

used principally for the hand ironing or 

pressing of garments or other articles of 

fabric. The subject tables have fullheight leg assemblies that support the 

ironing surface at an appropriate (often 

adjustable) height above the floor. The 

subject tables are produced in a variety 

of leg finishes, such as painted, plated, 

or matte, and they are available with 

various features, including iron rests, 

linen racks, and others. The subject 

ironing tables may be sold with or 

without a pad and/or cover. All types 

and configurations of floor-standing, 

metal-top ironing tables are covered by 

this review. 

Furthermore, this order specifically 

covers imports of ironing tables, 

assembled or unassembled, complete or 

incomplete, and certain parts thereof. 

For purposes of this order, the term 

‘‘unassembled’’ ironing table means a 

product requiring the attachment of the 

leg assembly to the top or the 

attachment of an included feature such 

as an iron rest or linen rack. The term 

‘‘complete’’ ironing table means product 

sold as a ready-to-use ensemble 

consisting of the metal-top table and a 

pad and cover, with or without 


jlentini on PROD1PC65 with NOTICES