60730 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

1See 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’’). 

suspend liquidation of all entries of 

copper pipe and tube from the PRC, as 

described in the ‘‘Scope of Investigation’’ 

section, entered, or withdrawn from 

warehouse, for consumption on or after 

May 12, 2010, the date of publication of 

the Preliminary Determination in the 

Federal Register. The Department will 

instruct CBP to require a cash deposit or 

the posting of a bond equal to the 

weighted-average amount by which the 

normal value exceeds U.S. price, as 

indicated above. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, the Department has notified the 

International Trade Commission (‘‘ITC’’) 

of the final affirmative determination of 

sales at LTFV. As the Department’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, within 45 days the ITC will 

determine whether the domestic 

industry in the United States is 

materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of the subject merchandise. 

If the ITC determines that material 

injury or threat of material injury does 

not exist, the proceeding will be 

terminated and all securities posted will 

be refunded or canceled. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess, upon further instruction by 

the Department, antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or 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 determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: September 24, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Issues for Final Determination 

Comment 1: Whether the Department should 

revise its labor rate calculation. 

Comment 2: Whether the Department should 

revise its calculation of the surrogate 

financial ratios. 

Comment 3: Whether the Department should 

issue cash deposit instructions that 

contain ad valorem rates or specific 

rates. 

Issues Specific to Golden Dragon Precise 

Copper Tube Group, Inc. 

Comment 4: Whether the Department should 

treat copper cathode purchases by 

Golden Dragon from a certain supplier in 

the Peoples’s Republic of China as nonmarket economy purchases. 

Comment 5: Whether the Department should 

recalculate Golden Dragon’s copper 

cathode cost based on the bonded and 

general trade copper cathode purchases 

during the period of investigation. 

Comment 6: Whether the Department should 

revise the surrogate value for plywood 

batten consumed by Golden Dragon. 

Comment 7: Whether the Department should 

consider solvent consumed by Golden 

Dragon to be a direct material input. 

Comment 8: Whether the Department should 

include salaries paid to two employees 

of Golden Dragon who worked in the 

United States during the period of 

investigation as indirect U.S. selling 

expenses. 

Comment 9: Whether the Department should 

adjust the factor of production for 

electricity for 7 mm and 9 mm innergrooved tube products. 

Comment 10: Whether the Department 

should make certain minor corrections. 

Issues Specific to Zhejiang Hailiang Co., Ltd., 

Shanghai Hailiang Copper Co., Ltd., and 

Hong Kong Hailiang Metal Trading Limited 

Comment 11: Whether to use facts available 

with regard to the Hailiang Group’s line 

set sales. 

Comment 12: Whether to use of facts 

available with regard to the Hailiang 

Group’s factors of production. 

Comment 13: Whether to correct the water 

usage factor of production used in the 

Preliminary Determination. 

Comment 14: Whether the Department 

should accept the post-preliminary 

correction of the consumption of 

Shanghai Hailiang’s wooden crates. 

Comment 15: Whether to continue 

considering certain raw materials as 

factors of production or exclude them 

from the calculation of the Hailiang 

Group’s normal value. 

Comment 16: Whether to continue using the 

actual weight reported by the Hailiang 

Group in its United States sales database. 

Comment 17: Whether to include two 

additional categories of indirect labor as 

labor inputs. 

Comment 18: Whether the Department 

should make certain minor corrections. 

[FR Doc. 2010–24720 Filed 9–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Initiation of Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: October 1, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that a 

request for a new shipper review 

(‘‘NSR’’) of the antidumping duty order 

on certain frozen warmwater shrimp 

(‘‘shrimp’’) from the Socialist Republic 

of Vietnam (‘‘Vietnam’’), received on 

August 26, 2010, meets the statutory 

and regulatory requirements for 

initiation. The period of review (‘‘POR’’) 

for this NSR is February 1, 2010–July 

31, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker, 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: 202–482–0413. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on shrimp from 

Vietnam was published in the Federal 

Register on February 1, 2005.1 On 

August 26, 2010, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (‘‘Act’’), and section 

351.214(c) of the Department’s 

regulations, the Department received a 

NSR request from Quoc Viet 

Seaproducts Processing Trading and 

Import-Export Co., Ltd. (‘‘Quoc Viet’’). 

Quoc Viet’s request was properly made 

during August 2010, which is the semiannual anniversary of the Order. Quoc 

Viet certified that it is a producer and 

exporter of the subject merchandise 

upon which the request was based. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Act and section 351.214(b)(2)(i) of 

the Department’s regulations, Quoc Viet 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60731 

2See also ‘‘Memorandum to the File, through Scot 

T. Fullerton, Program Manager, ‘‘Certain Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam: Placing CBP data on the record,’’ dated 

concurrently with this notice. 

3See ‘‘Memorandum to the File, through Scot T. 

Fullerton, Program Manager, ‘‘Certain Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam: New Shipper Initiation Checklist,’’ dated 

concurrently with this notice. 

4See section 351.214(g)(1)(i)(B) of the 

Department’s regulations. 

5See section 751(a)(2)(B)(iv) of the Act. 

certified that it did not export subject 

merchandise to the United States during 

the period of investigation (‘‘POI’’). In 

addition, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and section 

351.214(b)(2)(iii)(A) of the Department’s 

regulations, Quoc Viet certified that, 

since the initiation of the investigation, 

it has never been affiliated with any 

Vietnamese exporter or producer who 

exported subject merchandise to the 

United States during the POI, including 

those respondents not individually 

examined during the investigation. As 

required by section 351.214(b)(2)(iii)(B) 

of the Department’s regulations, Quoc 

Viet also certified that its export 

activities were not controlled by the 

central government of Vietnam. 

In addition to the certifications 

described above, pursuant to section 

351.214(b)(2)(iv) of the Department’s 

regulations, Quoc Viet submitted 

documentation establishing the 

following: (1) The date on which Quoc 

Viet first shipped subject merchandise 

for export to the United States and; (2) 

the volume of its first shipment; and (3) 

the date of its first sale to an unaffiliated 

customer in the United States.2

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Act and section 351.214(d)(1) of the 

Department’s regulations, we find that 

the request submitted by Quoc Viet 

meets the threshold requirements for 

initiation of a NSR for shipments of 

shrimp from Vietnam produced and 

exported by Quoc Viet.3 The POR is 

February 1, 2010–July 31, 2010.4 The 

Department intends to issue the 

preliminary results of this NSR no later 

than 180 days from the date of 

initiation, and the final results no later 

than 270 days from the date of 

initiation.5

It is the Department’s usual practice, 

in cases involving non-market 

economies, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

NME entity-wide rate provide evidence 

of de jure and de facto absence of 

government control over the company’s 

export activities. Accordingly, we will 

issue questionnaires to Quoc Viet, 

which will include a section requesting 

information with regard to Quoc Viet’s 

export activities for separate rate 

purposes. The NSR will proceed if the 

response provides sufficient indication 

that Quoc Viet is not subject to either de 

jure or de facto government control with 

respect to its export of subject 

merchandise. 

We will instruct U.S. Customs and 

Border Protection to allow, at the option 

of the importer, the posting, until the 

completion of the review, of a bond or 

security in lieu of a cash deposit for 

each entry of the subject merchandise 

from Quoc Viet in accordance with 

section 751(a)(2)(B)(iii) of the Act and 

section 351.214(e) of the Department’s 

regulations. Because Quoc Viet certified 

that it both produced and exported the 

subject merchandise, the sale of which 

is the basis for this new shipper review 

request, we will apply the bonding 

privilege to Quoc Viet only for subject 

merchandise which Quoc Viet both 

produced and exported. 

Interested parties requiring access to 

proprietary information in this NSR 

should submit applications for 

disclosure under administrative 

protective order in accordance with 

sections 351.305 and 351.306 of the 

Department’s regulations. 

This initiation and notice are in 

accordance with section 751(a)(2)(B) of 

the Act and sections 351.214 and 

351.221(c)(1)(i) of the Department’s 

regulations. 

Dated: September 20, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–24729 Filed 9–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating a five-year 

Review (‘‘Sunset Review’’) of the 

antidumping and countervailing duty 

orders listed below. The International 

Trade Commission (‘‘the Commission’’) 

is publishing concurrently with this 

notice its notice of Institution of FiveYear Review which covers the same 

orders. 

DATES: Effective Date: October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

For information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping 

and Countervailing Duty Orders, 63 FR 

13516 (March 20, 1998) and 70 FR 

62061 (October 28, 2005). Guidance on 

methodological or analytical issues 

relevant to the Department’s conduct of 

Sunset Reviews is set forth in the 

Department’s Policy Bulletin 98.3— 

Policies Regarding the Conduct of FiveYear (‘‘Sunset’’) Reviews of Antidumping 

and Countervailing Duty Orders: Policy 

Bulletin, 63 FR 18871 (April 16, 1998). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

and countervailing duty orders: 

DOC Case No. ITC Case No. Country Product Department contact 

A–351–602 ........ 731–TA–308 ..... Brazil .............................. Carbon Steel Butt-Weld Pipe Fittings 

(3rd Review).

Dana Merrmelstein (202) 482–1391. 

A–588–602 ........ 731–TA–309 ..... Japan .............................. Carbon Steel Butt-Weld Pipe Fittings 

(3rd Review).

Dana Mermelstein (202) 482–1391. 


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