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 Department of Commerce International Trade Administration [A-552-802]
 AGENCY: Import Administration, International Trade Administration, Department of Commerce.
 DATES: *Effective Date:*
                         October 4, 2010
 FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, or 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) 482-4031, or (202) 482-0413.


SUPPLEMENTARY INFORMATION: Background On August 9, 2010, the Department of Commerce (“Department”) published in the 
                    **Federal Register**
                     the final results of the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”) for the period from February 1, 2008, through January 31, 2009.[1] On August 10, 2010, Minh Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd. (collectively “Minh Phu Group”)), Nha Trang Seaproduct Company (“Nha Trang Seafoods”), and Minh Hai-Joint Stock Seafoods Processing Company (“Seaprodex Minh Hai”) (collectively “Respondents”) filed a timely allegation that the Department made various ministerial errors in the 
                    *Final Results*
                     and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other parties in this proceeding submitted comments on the Department's final margin calculations. Based upon our analysis of the comments and allegations of ministerial errors, we made changes to the margin calculation for Nha Trang Seafoods and the Minh Phu Group, and corrected Seaprodex Minh Hai's separate rate status. Furthermore, as a result of correcting the errors in the margin calculations for Nha Trang Seafoods and the Minh Phu Group, the margin for the companies granted separate-rate status were also revised because the margin for those companies were derived from Nha Trang Seafoods' and the Minh Phu Group's margins. Scope of the Antidumping Duty Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 3535 “Tails” in this context means the tail fan, which includes the telson and the uropods. 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 investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (“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, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted 
                    ( print page 61123)
                    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 investigation. 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 investigation. 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 individually quick frozen (“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 investigation are currently classified under the following HTS 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 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 investigation is dispositive. Amended Final Results of the Review The Act defines “ministerial error” as including “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.” 
                    *See*
                     section 751(h) of the Act. After analyzing Respondents' comments, we have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made certain ministerial errors in our calculations for the final results with respect to certain surrogate values for Nha Trang Seafoods, the surrogate SG&A ratio for Nha Trang Seafoods and the Minh Phu Group, and Seaprodex Min Hai's separate rate status. For a detailed discussion of these ministerial errors, as well as the Department's analysis of these errors, see Memorandum to James C. Doyle, through Scot T. Fullerton, from Susan Pulongbarit, regarding “Fourth Antidumping Administrative Review of Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Ministerial Error Memorandum,” dated concurrently with this notice (“Ministerial Errors Memo”). Because we have revised the rates for Nha Trang Seafoods and the Minh Phu Group, we are also revising the margin for the companies granted separate-rate status because the margin for those companies was calculated as the simple average of Nha Trang Seafoods' and the Minh Phu Group's margins. In accordance with section 751(h) of the Act, we are amending the final results of the fourth administrative review of certain warmwater shrimp from Vietnam. As a result of correcting the ministerial errors discussed above, we determine that the following dumping margins exist for the period February 1, 2008, through January 30, 2009: Manufacturer/exporter
Original margin
                             (percent)
Revised margin
                             (percent)Minh Phu Group:Minh Phat Seafood Co., Ltd., aka
2.96
2.95Minh Phat Seafood akaMinh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) akaMinh Phu Seafood Corp. akaMinh Phu Seafood Corporation akaMinh Qui Seafood akaMinh Qui Seafood Co., Ltd.Nha Trang Seaproduct Company (“Nha Trang Seafoods”) 2
                             aka
5.58
4.89Nha Trang Seafoods akaNha Trang Seaproduct Company Nha Trang SeafoodsBac Lieu Fisheries Company Limited, aka
4.27
3.92Bac Lieu Fisheries Company Limited (“Bac Lieu”) akaBac Lieu Fisheries Joint Stock Company akaBac Lieu Fisheries Limited Company akaBac Lieu Fisheries Company Limited 3C.P. Vietnam Livestock Company Limited (“C.P. Vietnam”) aka
4.27
3.92C.P. Vietnam Livestock Company Limited akaC.P. Vietnam Livestock Corporation (“C.P. Vietnam”)Cadovimex Seafood Import-Export and Processing Joint Stock Company (“CADOVIMEX-VIETNAM”) aka
4.27
3.92Cai Doi Vam Seafood Import-Export Company (“Cadovimex”) akaCai Doi Vam Seafood akaCai Doi Vam Seafood Im-Ex Company (Cadovimex) akaCai Doi Vam Seafood Processing Factory akaCaidoivam Seafood Company (Cadovimex) akaCaidoivam Seafood Im-Ex Co.( print page 61124)Cafatex Fishery Joint Stock Corporation (“Cafatex Corp.”) aka
4.27
3.92Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), akaCafatex, akaCafatex Vietnam, akaXi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho, akaCas, akaCas Branch, akaCafatex Saigon, akaCafatex Fishery Joint Stock Corporation, akaCafatex Corporation, akaTaydo Seafood EnterpriseCafatex Corp.Cam Ranh Seafoods Processing Enterprise Company (“Camranh Seafoods”) aka Camranh Seafoods
4.27
3.92Camau Frozen Seafood Processing Import Export Corporation (“CAMIMEX”) 4
                             aka
4.27
3.92Camimex akaCamau Seafood Factory No. 4 akaCamau Seafood Factory No. 5 akaCamau Frozen Seafood Processing Import & Export akaCamau Frozen Seafood Processing Import Export Corp. (CAMIMEX-FAC 25) akaFrozen Factory No. 4Can Tho Agricultural and Animal Products Import Export Company (“CATACO”) aka
4.27
3.92Can Tho Agricultural Products akaCATACO akaCan Tho Agricultural and Animal Products Imex CompanyCan Tho Import Export Fishery Limited Company (“CAFISH”)
4.27
3.92Coastal Fishery Development aka
4.27
3.92Coastal Fisheries Development Corporation (“Cofidec”) akaCOFIDEC akaCoastal Fisheries Development Corporation akaCoastal Fisheries Development Co., akaCoastal Fisheries Development Corp.Cuulong Seaproducts Company (“Cuu Long Seapro”) aka
4.27
3.92Cuu Long Seaproducts Limited (“Cuulong Seapro”) akaCuulong Seapro akaCuulong Seaproducts Company (“Cuulong Seapro”) akaCuu Long Seaproducts Company (“Cuu Long Seapro”) akaCuu Long Seaproducts Company akaCuu Long Seapro akaCuulong Seaproducts Company (“Cuu Long Seapro”) akaCuu Long Seaproducts Limited (Cuulong Seapro) akaCuulong Seapro akaCuulong Seaproduct CompanyDanang Seaproducts Import Export Corporation (“Seaprodex Danang”) aka
4.27
3.92Danang Seaproducts Import Export Corporation akaDanang Seaproduct Import-Export Corporation akaDanang Seaproducts Import Export akaTho Quang Seafood Processing & Export Company akaSeaprodex Danang akaTho Quang Seafood Processing and Export Company akaTho Quang, akaTho Quang Co.5Gallant Ocean (Vietnam) Co., Ltd. (“Gallant Ocean Vietnam”)
4.27
3.92Grobest & I-Mei Industrial Vietnam, aka
4.27
3.92Grobest, akaGrobest & I-Mei Industrial (Vietnam) Co., Ltd.Investment Commerce Fisheries Corporation (“Incomfish”) aka
4.27
3.92Incomfish akaInvestment Commerce Fisheries Corp., akaIncomfish Corp., akaIncomfish Corporation akaInvestment Commerce Fisheries akaInvestment Commerce Fisheries CorporationKim Anh Company Limited (“Kim Anh”)
4.27
3.92Minh Hai Export Frozen Seafood Processing Joint Stock Company aka
4.27
3.92Minh Hai Jostoco akaMinh Hai Export Frozen Seafood Processing Joint-Stock Company (“Minh Hai Jostoco”) akaMinh Hai Export Frozen Seafood Processing Joint-Stock Company akaMinh Hai Joint Stock Seafood Processing Joint-Stock Company akaMinh Hai Export Frozen Seafood Processing Joint-Stock Co., akaMinh-Hai Export Frozen Seafood Processing Joint-Stock CompanyMinh Hai Joint-Stock Seafoods Processing Company (“Seaprodex Minh Hai”) aka
4.27
3.92Sea Minh Hai aka( print page 61125)Minh Hai Joint-Stock Seafoods Processing Company akaSeaprodex Minh Hai akaSeaprodex Min Hai akaSeaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.) akaSeaprodex Minh Hai Factory akaSeaprodex Minh Hai Factory No. 69 akaSeaprodex Minh Hai Workshop 1 akaSeaprodex Minh Hai-Factory No. 78 akaWorkshop I Seaprodex Minh HaiMinh Hai Sea Products Import Export Company (“Seaprimex Co”), aka
4.27
3.92Ca Mau Seafood Joint Stock Company (“SEAPRIMEXCO”) akaSeaprimexco Vietnam, akaSeaprimexcoCa Mau Seafood Joint Stock Company (“Seaprimexco”)Minh Hai Seaproducts Import Export CorporationSeaprimexcoMinh Hai Seaproducts Co Ltd. (Seaprimexco)Ngoc Sinh Private Enterprise aka
4.27
3.92Ngoc Sinh Seafoods akaNgoc Sinh Seafoods Processing and Trading Enterprise akaNgoc Sinh Fisheries akaNgoc Sinh Private Enterprises akaNgoc Sinh Seafoods Processing and Trading Enterprises akaNgoc Sinh akaNgoc Sinh Seafood Processing Company akaNgoc Sinh Seafoods (Private Enterprise)Nha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”) aka
4.27
3.92Nha Trang Fisheries Joint Stock Company akaNhatrang Fisheries Joint Stock Company akaNha Trang Fisco akaNhatrang Fisco akaNha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”) akaNha Trang Fisheries, Joint StockPhu Cuong Seafood Processing and Import-Export Co., Ltd.
4.27
3.92Phuong Nam Co., Ltd. (“Phuong Nam”) aka
4.27
3.92Western Seafood Processing and Exporting Factory (“Western Seafood”)Sao Ta Foods Joint Stock Company (“Fimex VN”) aka
4.27
3.92Sao Ta Foods Joint Stock Company akaFimex VN akaSao Ta Seafood Factory akaSaota Seafood FactorySoc Trang Aquatic Products and General Import Export Company (“Stapimex”) aka
4.27
3.92Soc Trang Seafood Joint Stock Company (“Stapimex”) akaSoc Trang Aquatic Products and General Import Export Company akaStapimex akaSoc Trang Aquatic Products and General Import Export Company-(Stapimex) akaStapimex Soc Trans Aquatic Products and General Import Export Company akaStapmexThuan Phuoc Seafoods and Trading Corporation aka
4.27
3.92Frozen Seafoods Factory No. 32 akaSeafoods and Foodstuff Factory akaMy Son Seafoods FactoryUTXI Aquatic Products Processing Company aka
4.27
3.92UT XI Aquatic Products Processing Company akaUT-XI Aquatic Products Processing Company akaUTXI akaUTXI Co. Ltd., akaKhanh Loi Seafood Factory akaHoang Phuong Seafood Factory akaUTXI Aquatiac Products Processing Corporation (“UTXICO”)Viet Foods Co., Ltd. aka
4.27
3.92Nam Hai Foodstuff and Export Company Ltd.Viet Hai Seafood Co., Ltd. aka
4.27
3.92Vietnam Fish One Co., Ltd. (“Fish One”)Vinh Loi Import Export Company (“Vimexco”), aka
4.27
3.92Vinh Loi Import Export Company (“VIMEX”), akaVIMEXCO akaVIMEX akaVinh Loi Import/Export Co., akaVinhloi Import Export Company akaVinh Loi Import-Export Company
 
 
 The
                    
                     Department will determine and the U.S. Bureau of Customs and Border Protection (“CBP”) shall assess antidumping duties on all appropriate entries. Except where the Court of International Trade has issued a preliminary injunction enjoining the liquidation of certain entries during the period of review, we intend to issue appropriate assessment instructions directly to CBP 15 days after publication of these amended final results of review. For a general discussion of the application of assessment rates, see 
                    *Final Results,*
                     75 FR at 47776. Cash Deposit Requirements For all shipments of certain warmwater shrimp from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date of these 
                    *Amended Final Results,*
                     as provided by section 751(a)(2)(C) of the Act: (1) For companies covered by this review, the cash deposit rate will be the rate listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 25.76 percent, the Vietnam-wide rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 the presumption that reimbursement of antidumping duties occurred and the subsequent increase in antidumping duties by the amount of antidumping duties reimbursed. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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. These amended final results of administrative review and notice are issued and published in accordance with sections 751(h), and 777(i)(1) of the Act, and 19 CFR 351.224. Dated: September 29, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration.


# Footnotes

1.
    
                         See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results, Partial Rescission of Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010) (“Final Results”). Back to Citation
 2.
    
                         
                        *See*
                         Letter from Thompson Hine representing the Minh Phu Group, Nha Trang Seafoods, Camimex, and Grobest, to Secretary of Commerce, regarding Certain Frozen Warmwater Shrimp from Vietnam: Case Brief on behalf of Certain Respondents, dated, April 21, 2010 (“Respondents Case Brief”) at 44 for proprietary named used by importer. 3.
    
                         
                        *See*
                         Respondents Case Brief at 24 for proprietary name used by importer. 4.
    
                         
                        *See*
                         Respondents Case Brief at 44 for proprietary names used by importers. 5.
    
                         
                        *See*
                         Respondents Case Brief at 44 for proprietary names used by importers. Back to Citation


[FR Doc. 2010-24997 Filed 10-1-10; 8:45 am] BILLING CODE 3510-DS-P