[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65377-65378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26192]



[[Page 65377]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review, 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 24, 2014, the Department of Commerce 
(``Department'') published in the Federal Register the Final Results of 
the eighth administrative review of the antidumping duty (``AD'') Order 
\1\ on certain warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam'').\2\ The Department is amending the Final Results of the 
administrative review covering the period February 1, 2012 through 
January 31, 2013, to correct two ministerial errors.
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    \1\ 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'').
    \2\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2012-2013, 79 FR 57047 (September 24, 2014) 
(``Final Results'').

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DATES: Effective Date: November 4, 2014.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Irene Gorelik, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 
482-6905, respectively.

SUPPLEMENTARY INFORMATION: On September 24, 2014, the Department 
published in the Federal Register the Final Results. On September 26, 
2014, on behalf of several member companies, VASEP \3\ collectively 
submitted a timely ministerial error allegation with respect to the 
Department's Final Results of the administrative review.
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    \3\ The ministerial error allegation was filed by the Vietnam 
Association of Seafood Exporters and Producers (``VASEP'') which 
includes, as members, one of the two mandatory respondents, Soc 
Trang Aquatic Products and General Import and Export Company 
(``Stapimex''), and a number of companies that received a separate 
rate.
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Ministerial Error

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (``the Act''), includes ``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.'' \4\ VASEP alleges that, in the Final Results, the 
Department incorrectly identified several companies' names in the rate 
table in the Federal Register notice. Specifically, VASEP alleges that 
the Department: (1) Mistakenly added parentheses to one of the trade 
names for Minh Hai Joint-Stock Seafoods Processing Company; (2) 
misidentified one of the trade names for Stapimex; (3) misidentified 
the full name of Camau Seafood Processing and Service Joint-Stock 
Corporation and also omitted its alleged trade name ``CASES''; and (4) 
omitted Hai Viet Corporation's alleged trade name ``Havico.'' Thus, 
VASEP requests that the Department correct the names of the companies 
identified above in the Final Results rate table as follows:
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    \4\ See also 19 CFR 351.224(f).
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    (1) Change Seaprodex Minh Hai (Workshop 1) to Seaprodex Minh Hai 
Workshop 1;
    (2) change Stapimex Soc Trans Aquatic Products and General Import 
Export Company to Soc Trang Aquatic Products and General Import Export 
Company (Stapimex);
    (3) change Camau Seafood Processing and Service Joint Stock Company 
to Camau Seafood Processing and Service Joint-Stock Corporation, aka 
CASES; and
    (4) change Hai Viet Corporation to Hai Viet Corporation (Havico).
    VASEP further alleged ministerial errors regarding misspelled and/
or incorrect names within the draft cash deposit and draft liquidation 
instructions released to interested parties with the disclosure 
documents.
    After comparing the ministerial error allegations against record 
evidence, in accordance with section 751(h) of the Act, we agree that 
we incorrectly listed the following names in the Final Results: 
Seaprodex Minh Hai (Workshop 1), Camau Seafood Processing and Service 
Joint Stock Company, and Stapimex Soc Trans Aquatic Products and 
General Import Export Company. The companies included these names in 
their respective separate rate certification and/or application, and we 
agree that we did not accurately reflect those names in the Final 
Results.\5\ Thus, we corrected the names in the rate box below to 
correspond to the names submitted in the separate rate certifications 
as follows: Seaprodex Minh Hai Workshop 1, Camau Seafood Processing and 
Service Joint-Stock Corporation, and Soc Trang Aquatic Products and 
General Import Export Company (``Stapimex'').
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    \5\ See Separate Rate Certification filed by Minh Hai Joint-
Stock Seafoods Processing Company, dated May 28, 2013, at pages 8-9; 
see also Separate Rate Application filed by Camau Seafood Processing 
and Service Joint-Stock Corporation, dated May 28, 2013, at pages 8-
9; and Separate Rate Certification filed by Stapimex, dated May 28, 
2013, at page 8.
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    However, we disagree with VASEP's request that the Department add 
``CASES'' as a trade name for Camau Seafood Processing and Service 
Joint-Stock Corporation. Camau Seafood Processing and Service Joint-
Stock Corporation only identified CASES as an abbreviation of the full 
company name, not as a legal trade name used during the period of 
review (``POR'').\6\ Indeed, Camau Seafood Processing and Service 
Joint-Stock Corporation certified in its separate rate application that 
it had no other trade names during the POR.\7\ Thus, this allegation 
does not constitute a ministerial error as defined in 751(h) of the 
Act, because the Department intentionally omitted the abbreviation, 
CASES, from the rate box as the respondent did not identify it as a 
trade name in the separate rate application. Thus, we decline to add 
this name as a trade name in these amended final results.
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    \6\ See Separate Rate Application filed by Camau Seafood 
Processing and Service Joint-Stock Corporation, dated May 28, 2013, 
at page 8, where CASES was only identified as an abbreviation of the 
full company name.
    \7\ See id., at page 9, where the company certified that it had 
no other trade names during the POR.
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    Additionally, VASEP requests that the Department change Hai Viet 
Corporation to Hai Viet Corporation (Havico). However, Hai Viet 
Corporation only identified Havico as an abbreviation of the full 
company name, not as a legal trade name, used during the POR.\8\ Hai 
Viet Corporation certified in its separate rate application that it had 
no other trade names during the POR.\9\ Thus, this allegation does not 
constitute a ministerial error under 751(h) of the Act, because the 
Department intentionally omitted the abbreviation, Havico, from the 
rate box as the respondent did not identify it as a trade name in the 
separate rate application. Thus, we decline to include Havico as a 
trade name in these amended final results.
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    \8\ See Separate Rate Application filed by Hai Viet Corporation, 
dated May 28, 2013, at page 8, where Havico was only identified as 
an abbreviation of the full company name.
    \9\ See id., where the company certified that it had no other 
trade names during the POR.

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[[Page 65378]]

    Upon review of the Final Results, we also noted that while we 
intended to include two trade names for the Minh Phu Group,\10\ we 
inadvertently omitted those two trade names from the Final Results rate 
box. Therefore, in these amended final results, we added Minh Phu-Hau 
Giang Seafood Processing Co., Ltd. and Minh Phu-Hau Giang Seafood 
Processing Corporation as trade names for the Minh Phu Group and 
revised the draft cash deposit instructions, accordingly.
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    \10\ The Department found the companies comprising the Minh Phu 
Group are a single entity and, because there have been no changes to 
the facts which supported this determination since the sixth 
administrative review, we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Frozen Warmwater Shrimp 
From the Socialist Republic of Vietnam: Preliminary Results of 
Administrative Review, 77 FR 13547, 13549 (March 7, 2012), unchanged 
in Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review, 77 FR 55800 (September 11, 2012); see 
also Final Results and accompanying Issues and Decision Memorandum 
at Comment 9.
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Amended Final Results of the Review

------------------------------------------------------------------------
                                                            Weighted-
                       Exporter                          average margin
                                                            (percent)
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Minh Phu Group:
    Minh Phu Seafood Corp., aka, Minh Phu Seafood                   4.98
     Corporation, aka, Minh Phu Seafood Pte, aka, Minh
     Phu Hau Giang Seafood Co., Ltd., aka, Minh Phu-
     Hau Giang Seafood Processing Co., Ltd., aka, Minh
     Phu-Hau Giang Seafood Processing Corporation,
     aka, Minh Phat Seafood Co., Ltd., aka, Minh Qui
     Seafood Co., Ltd.................................
Soc Trang Seafood Joint Stock Company, aka, Stapimex,               9.75
 aka, Soc Trang Aquatic Products and General Import
 Export Company, aka, Soc Trang Aquatic Products and
 General Import Export Company (``Stapimex''), aka,
 Stapmex..............................................
Camau Seafood Processing and Service Joint-Stock                    6.37
 Corporation..........................................
Minh Hai Joint-Stock Seafoods Processing Company, aka,              6.37
 Seaprodex Minh Hai, aka, Sea Minh Hai, aka, Seaprodex
 Min Hai, aka, Seaprodex Minh Hai-Factory No. 78, aka,
 Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods
 Processing Co.), aka, Seaprodex Minh Hai Workshop 1,
 aka, Seaprodex Minh Hai Factory No. 69...............
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    With respect to VASEP's ministerial error allegations regarding the 
draft cash deposit and draft liquidation instructions, we find that 
they do not fall under the definition of ministerial errors under 
section 751(h) because they were draft instructions that were not 
transmitted at the time of the Final Results publication to the U.S. 
Customers and Border Protection (``CBP'') and can be updated prior to 
transmittal to CBP. Therefore, we corrected, as described above, the 
misspellings and omissions within the draft instructions.\11\
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    \11\ See ``Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office V, from Irene Gorelik, Senior International 
Trade Compliance Analyst, Office V, re; Revised Draft Cash Deposit 
Instructions for the Amended Final Results of the 2012-2013 
Administrative Review,'' dated concurrently with this notice.
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    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: October 29, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-26192 Filed 11-3-14; 8:45 am]
BILLING CODE 3510-DS-P