39760 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 

1See 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) (AR8 Final 

Results), and Certain Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: Amended 

Final Results of Antidumping Duty Administrative 

Review, 2012–2013, 79 FR 65377 (November 4, 

2014) (AR8 Amended Final Results). 

2See Tri Union Frozen Prods. Inc. v. United 

States, 163 F. Supp. 3d 1255, 1312–13 (CIT 2016) 

(Tri Union I). 

3See Final Results of Redetermination Pursuant 

to Court Remand, dated September 1, 2016 

(Remand I) at 5; available at: http://

enforcement.trade.gov/remands/16-33.pdf. 

4See Tri Union Frozen Products Inc., et.al., v. 

United States, Court No. 14–00249, Slip Op. 17–71 

(June 13, 2017) (Remand II Opinion and Order) at 

24–25. 

5See Final Results of Redetermination Pursuant 

to Court Remand, dated July 25, 2017 (Remand II) 

at 11–12; available at: http://enforcement.trade.gov/ 

remands/17-71.pdf. See also the petitioner’s 

submission re: ‘‘Comments on Surrogate Country 

Selection,’’ dated August 30, 2013, and the 

petitioner’s submission re: ‘‘Post-Prelim Evidentiary 

Submission Regarding Surrogate Country and Value 

Selection,’’ dated April 28, 2014 at Exhibit 8. See 

also Memorandum to the File, re: ‘‘Draft Remand II 

Redetermination—Draft Remand II Recalculations,’’ 

dated July 5, 2017 (Draft Remand Recalculations). 

6See AR8 Final Results, 79 FR at 57049; see also 

AR8 Amended Final Results, 79 FR at 65378. 

7See Memorandum to the File, re: ‘‘Draft Remand 

II Redetermination—Draft Remand II 

Recalculations,’’ dated July 5, 2017 (Draft Remand 

Recalculations) at Attachment 3 and 4. 

8See AR8 Final Results, 79 FR at 57049; see also 

AR8 Amended Final Results, 79 FR at 65378. 

9See Draft Remand Recalculations at 

Attachments 1 and 2. 

10Since the issuance of the AR8 Final Results, the 

Department has revoked the antidumping duty 

order with respect to the Minh Phu Group. 

Moreover, the Minh Phu Group is not subject to this 

litigation, the original injunction enjoining the 

lifting of suspension has been lifted, and the 

suspended entries have been liquidated. 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, 47757–47758 (July 22, 2016). 

11 Id., at 3–7, where we provided the separate rate 

methodology and recalculation and the list of the 

separate rate companies that are subject to this 

litigation. 

12See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990) (Timken). 

13See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Notice of Court Decision Not 

in Harmony With Final Results of 

Administrative Review and Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 8, 2017, the Court 

of International Trade (CIT) issued its 

final judgment, sustaining the 

Department of Commerce’s (the 

Department’s) remand results pertaining 

to the eighth administrative review of 

the antidumping duty order on certain 

frozen warmwater shrimp from the 

Socialist Republic of Vietnam (Vietnam) 

covering the period of review (POR) of 

February 1, 2012, through January 31, 

2013. The Department is notifying the 

public that the final judgment in this 

case is not in harmony with the final 

results of the administrative review, and 

that the Department is amending the 

final results with respect to the labor 

surrogate value applied in the 

administrative review. 

DATES: Applicable August 18, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik, 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) 482–6905. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 24, 2014, the 

Department published the AR8 Final 

Results, and on November 4, 2014, it 

published the AR8 Amended Final 

Results.1 In Tri Union I, the CIT granted 

our request for a voluntary remand on 

the issue of the labor surrogate value.2

In Remand I, the Department 

determined that wage rate data from the 

Bangladeshi Bureau of Statistics (BBS) 

were not aberrational and constituted 

the best available information for 

valuing labor.3 Subsequently, in the 

Remand II Opinion and Order, the CIT 

remanded this issue again to the 

Department.4

In light of the Court’s Remand II 

Opinion and Order, we evaluated the 

record evidence and reconsidered our 

determination that the Bangladeshi data 

are the best available information. 

Consequently, we concluded that the 

BBS data are not the best available 

information on the record with which to 

value the respondents’ labor. Instead, 

we determined to use Indian data on the 

record as a surrogate value for labor.5

In the AR8 Final Results, we 

calculated a 9.75 percent weightedaverage margin for Soc Trang Seafood 

Joint Stock Company, unchanged in 

AR8 Amended Final Results.6 Based on 

our change of the labor surrogate value 

in Remand II, we calculated a 10.48 

percent weighted-average margin for 

Soc Trang Seafood Joint Stock 

Company.7 We intend to liquidate Soc 

Trang Seafood Joint Stock Company’s 

enjoined entries of subject merchandise 

at the importer-specific assessment rates 

revised pursuant to Remand II and 

identified within the Draft Remand 

Recalculations. 

Further, we adjusted the Minh Phu 

Group’s final margin from 4.98 percent 8

to 5.48 percent,9 for the sole purpose of 

recalculating the separate rate for the 

non-individually examined companies 

that received a separate rate and are 

parties to this litigation; however, there 

is no effect to the Minh Phu Group’s 

final margin of 4.98 percent in the AR8 

Final Results unchanged in AR8 

Amended Final Results.10 The 

Department recalculated the separate 

rate resulting in a weighted-average 

dumping margin of 6.94 percent for the 

non-individually examined companies 

that qualified for a separate rate and are 

subject to this litigation.11 We intend to 

liquidate these companies’ enjoined 

entries of subject merchandise at this 

revised rate of 6.94 percent at the 

completion of this litigation. 

Timken Notice 

In its decision in Timken,12 as 

clarified by Diamond Sawblades,13 the 

Federal Circuit held that, pursuant to 

section 516A(e) of the Tariff Act of 

1930, as amended (the Act), the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

This notice is published in fulfillment 

of the publication requirement of 

Timken. Accordingly, the Department 

will continue the suspension of 

liquidation of the subject merchandise 

at issue in the Remand II pending 

expiration of the period to appeal or, if 

appealed, a final and conclusive court 

decision. 

Amended Final Results 

Because there is now a final court 

decision, the Department is amending 

the AR8 Amended Final Results. Based 

on Remand II, as affirmed by the Court 

on August 8, 2017, the revised 

weighted-average dumping margin for 

Soc Trang Seafood Joint Stock Company 

for the period February 1, 2012, through 

January 31, 2013, is 10.48 percent. The 

margin for the non-individually 

examined respondents that received a 

separate rate in the AR8 Final Results 

and are subject to this litigation is 6.94 

percent. 

In the event that the CIT’s ruling is 

not appealed or, if appealed, is upheld 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39761 

14See Certain Frozen Warmwater Shrimp from 

the Socialist Republic of Vietnam: Final Results of 

Antidumping Duty Administrative Review, 2014– 

2015, 81 FR 62717, 62718–62719 (September 12, 

2016) (AR10 Final Results). Soc Trang Seafood Joint 

Stock Company was granted the following ‘‘alsoknown-as’’ (aka) or ‘‘doing-business-as’’ (dba) 

names in AR8 Final Results (which were included 

in the injunction enjoining liquidation of 

suspended entries): Soc Trang Seafood Joint Stock 

Company, aka Stapimex, aka Soc Trang Aquatic 

Products and General Import Export Company, aka 

Soc Trang Aquatic Products and General Import 

Export Company (‘‘Stapimex’’), aka Stapmex. 

However, many of these names were not granted 

separate rate status in AR10 Final Results. Thus, for 

liquidation purposes, we will continue to use Soc 

Trang Seafood Joint Stock Company’s 

aforementioned aka/dba names; but for cash deposit 

purposes, only the aka and/or dba names granted 

in AR10 Final Results are valid. 15Many of the aka or dba names subject to the 

litigation were not included in subsequent reviews. 

Therefore, the aka and/or dba names granted 

separate rate status in subsequent reviews 

supersede those listed above. The names listed 

above are included here as they appear in the 

injunctions enjoining liquidation pending 

completion of this litigation. Therefore, for 

liquidation purposes, we will continue to use the 

names above; however, only the aka and/or dba 

names granted in subsequent reviews are valid for 

cash deposit purposes. 

16See Certain Frozen Warmwater Shrimp from 

the Socialist Republic of Vietnam: Final Results of 

Antidumping Duty Administrative Review, 2015– 

2016, 82 FR 11431, 11433 (February 23, 2017) 

(AR11 Final Results). 

by a final and conclusive court decision, 

the Department will instruct U.S. 

Customs and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise based on 

the importer-specific assessment rates 

re-calculated in Remand II for Soc Trang 

Seafood Joint Stock Company and the 

above-noted 6.94 percent recalculated 

separate rate for the non-individually 

examined respondents that received a 

separate rate in the AR8 Final Results 

and are subject to this litigation. 

Cash Deposit Requirements 

Mandatory Respondent 

Because there have been subsequent 

administrative reviews for Soc Trang 

Seafood Joint Stock Company, the cash 

deposit rate for Soc Trang Seafood Joint 

Stock Company will remain the rate 

established in the most recentlycompleted administrative review in 

which it received a cash deposit rate of 

4.78 percent.14

Separate-Rate Companies 

There have been subsequent 

administrative reviews completed for 

the below-listed non-individually 

examined companies that qualified for a 

separate rate and are subject to this 

litigation; thus, the cash deposit rate for 

these exporters will remain the rate 

established in the most recentlycompleted administrative review in 

which they received a cash deposit rate: 

Exporter 15

Cash deposit 

rate in effect 

(%) 

Federal Register notice 

Camau Frozen Seafood Processing Import Export Corporation, aka Camimex, aka Camau Seafood Factory No. 4, aka Camau Seafood Factory No. 5, aka Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX–FAC 25), aka Frozen Factory No. 4.4.78 AR10 Final Results. 

Cafatex Fishery Joint Stock Corporation, aka Cafatex Corporation, aka Cafatex Corp., aka 

Cafatex, aka Taydo Seafood Enterprise, aka Xi Nghiep Che Bien Thuy Suc San Xuat Kau 

Cantho.

4.78 AR11 Final Results.16

C.P. Vietnam Corporation, aka C.P. Vietnam Livestock Corporation, aka C.P. Vietnam Livestock 

Company Limited, aka C.P. Vietnam.

25.76 AR11 Final Results. 

Camau Seafood Processing and Service Joint-Stock Corporation ................................................... 4.78 AR10 Final Results. 

Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka Cai Doi Vam Seafood Import-Export Company, aka Caidoivam Seafood Company, aka Cadovimex-Vietnam, aka 

Cadovimex.

4.78 AR11 Final Results. 

Can Tho Import Export Fishery Limited Company, aka CAFISH ...................................................... 4.78 AR10 Final Results. 

Coastal Fisheries Development Corporation, aka COFIDEC, aka Coastal Fisheries Development 

Corp., aka Coastal Fisheries Development Co., aka Coastal Fisheries Development.

25.76 AR11 Final Results. 

Cuu Long Seaproducts Company, aka Cuu Long Seaproducts Limited, aka Cuulong Seapro, aka 

Cuu Long Seapro.

4.78 AR10 Final Results. 

Danang Seaproducts Import Export Corporation, aka Danang Sea Products Import Export Corporation, aka Tho Quang Seafood Processing & Export Company, aka Tho Quang Seafood 

Processing and Export Company, aka Tho Quang, aka Tho Quang Co., aka Seaprodex 

Danang.

25.76 AR11 Final Results. 

Gallant Ocean (Vietnam) Co., Ltd ...................................................................................................... 4.78 AR11 Final Results. 

Hai Viet Corporation ........................................................................................................................... 4.78 AR10 Final Results. 

Investment Commerce Fisheries Corporation, aka Investment Commerce Fisheries Corp., aka Investment Commerce Fisheries, aka Incomfish, aka Incomfish Corp., aka Incomfish Corporation.4.78 AR11 Final Results. 

Kim Anh Company Limited, aka Kim Anh Co, Ltd ............................................................................. 4.78 AR11 Final Results. 

Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco ........... 4.78 AR10 Final Results. 

Minh Hai Joint-Stock Seafoods Processing Company, aka 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.

4.78 AR10 Final Results. 

Minh Hai Sea Products Import Export Company, aka Ca Mau Seafood Joint Stock Company, aka 

Seaprimexco Vietnam, aka Seaprimexco, aka Minh Hai Seaproducts Co Ltd.

4.78 AR10 Final Results. 

Nha Trang Fisheries Joint Stock Company, aka Nha Trang Fisco aka Nhatrang Fisheries Joint 

Stock Company, aka Nhatrang Fisco, aka Nha Trang Fisheries, Joint Stock.

4.78 AR11 Final Results. 

Nha Trang Seafoods: Nha Trang Seaproducts Company, aka Nha Trang Seafoods, aka NT Seafoods Corporation, aka NT Seafoods, aka Nha Trang Seafoods-F.89 Joint Stock Company, aka 

Nha Trang Seafoods-F.89, aka NTSF Seafoods Joint Stock Company, aka NTSF Seafoods.

4.78 AR10 Final Results. 

Phu Cuong Jostoco Seafood Corporation, aka Phu Cuong Seafood Processing and Import-Export 

Co., Ltd., aka Phu Cuong Seafood Processing and Import Export Company Limited, aka Phu 

Cuong Jostoco Seafood Corp.

25.76 AR11 Final Results. 

Phuong Nam Foodstuff Corp., aka Phuong Nam Co., Ltd ................................................................ 4.78 AR11 Final Results. 

Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd .......................................... 4.78 AR10 Final Results. 


sradovich on DSK3GMQ082PROD with NOTICES
39762 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 

Exporter 15

Cash deposit 

rate in effect 

(%) 

Federal Register notice 

Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota 

Seafood Factory.

4.78 AR10 Final Results. 

Thong Thuan Company Limited, aka Cong Ty Tnhh Thong Thuan .................................................. 4.78 AR10 Final Results. 

Thuan Phuoc Seafoods and Trading Corporation, aka Thuan Phuoc Corp., aka Frozen Seafoods 

Factory No. 32, aka Seafoods and Foodstuff Factory, aka Seafoods and Foodstuff Factory 

Vietnam, aka My Son Seafoods Factory.

4.78 AR10 Final Results. 

UTXI Aquatic Products Processing Corporation, aka UT XI Aquatic Products Processing Corporation, aka UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing 

Company, aka UTXI Co. Ltd., aka UTXI, aka UTXICO, aka Hoang Phuong Seafood Factory, 

aka Hoang Phong Seafood Factory.

4.78 AR11 Final Results. 

Viet Foods Co., Ltd., aka Nam Hai Foodstuff and Export Company Ltd .......................................... 4.78 AR10 Final Results. 

Vietnam Clean Seafood Corporation, aka Vina Cleanfood ................................................................ 4.78 AR10 Final Results. 

Viet Hai Seafood Co., Ltd., aka Vietnam Fish One Co., Ltd., aka Fish One .................................... 4.78 AR11 Final Results. 

Viet I-Mei Frozen Foods Co., Ltd ....................................................................................................... 4.78 AR10 Final Results. 

There have been no subsequent 

administrative reviews completed for 

the below-listed non-individually 

examined company that qualified for a 

separate rate and is subject to this 

litigation; thus, the cash deposit rate of 

6.94 percent, as recalculated in Remand 

II, applies for this exporter. 

Exporter 

Cash deposit 

rate in effect 

(%) 

BIM Seafood Joint Stock 

Company ........................... 6.94 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

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

Dated: August 15, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

Performing the Non-exclusive Functions and 

Duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2017–17629 Filed 8–21–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 170706630–7630–01] 

RIN 0648–XF538 

Fish and Fish Product Import 

Provisions of the Marine Mammal 

Protection Act List of Foreign 

Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: NMFS is publishing its draft 

List of Foreign Fisheries (LOFF) for 

2017, as required by the regulations 

implementing the Fish and Fish Product 

Import Provisions of the Marine 

Mammal Protection Act (MMPA). The 

draft LOFF reflects available 

information on marine mammal 

interactions in commercial fisheries 

exporting fish and fish products to the 

United States. NMFS has classified each 

commercial fishery included in the draft 

LOFF into one of two categories based 

upon frequency and likelihood of 

incidental mortality and serious injury 

of marine mammals that is likely to 

occur incidental to each fishery. 

Fisheries are classified as either exempt 

or export. The classification of a fishery 

on the draft and final LOFF will 

determine which regulatory 

requirements will be applicable to that 

fishery to enable the nation to receive a 

comparability finding necessary to 

export fish and fish products to the 

United States from that particular 

fishery. The draft LOFF can be found at 

www.nmfs.noaa.gov/ia/species/marine_

mammals/mmpaloff.html. 

DATES: Written comments must be 

received by 5 p.m. Eastern Time on 

October 23, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0084, by either of the 

following methods: 

1. Electronic Submissions: Submit all 

electronic comments via the Federal eRulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0084, click the ‘‘Comment Now!’’ icon, 

complete the required fields and enter 

or attach your comments. 

2. Mail: Submit written comments to: 

Director, Office of International Affairs 

and Seafood Inspection, Attn: MMPA 

List of Foreign Fisheries, NMFS, F/IASI, 

1315 East-West Highway, Silver Spring, 

MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe portable 

document file (PDF) formats only. 

NMFS will consider all comments 

and information received during the 

comment period in preparing a final 

LOFF. NMFS will also seek input from 

nations on the draft LOFF at bilateral 

and multilateral meetings, as 

appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Nina Young, NMFS F/IASI at 

Nina.Young@noaa.gov or 301–427– 

8383. 

SUPPLEMENTARY INFORMATION: In August 

2016, NMFS published a final rule (81 

FR 54390; August 15, 2016) 

implementing the fish and fish product 

import provisions (section 101(a)(2)) of 

the Marine Mammal Protection Act 

(MMPA). This rule established 

conditions for evaluating a harvesting 

nation’s regulatory programs to address 

incidental and intentional mortality and 

serious injury of marine mammals in 

fisheries operated by nations that export 

fish and fish products to the United 

States. 

Under this rule, fish or fish products 

cannot be imported into the United 

States from commercial fishing 

operations, which result in the 


sradovich on DSK3GMQ082PROD with NOTICES