[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39565-39567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17630]


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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 June 29, 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 ninth 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, 2013, through January 31, 2014. The 
Department is notifying the public that the final judgment in this case 
is not in harmony with the final results of the ninth administrative 
review,\1\ and that the Department is amending the final results with 
respect to the labor surrogate value applied in the administrative 
review. The effective date of this notice is July 9, 2017.
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    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2013-2014, 80 FR 55328 (September 15, 2015) 
(Final Results).

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DATES: Applicable July 9, 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 15, 2015, the Department published its Final Results. 
In the Final Results, we relied on data from the Bangladeshi Bureau of 
Statistics (BBS) to value the respondents' labor consumption. 
Subsequently, the CIT remanded this issue to the Department for further 
explanation or reconsideration.\2\ In the Remand Redetermination, the 
Department reconsidered its determination and found that the BBS data 
are not the best available information with which to value respondents' 
labor.\3\ Consequently, the Department evaluated the alternative wage 
rates on the record and determined that India wage rate data are the 
best available information for valuing labor.
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    \2\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 15-00279, Slip Op. 17-27 (March 16, 2017) (Remand Opinion 
and Order) at 24.
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, dated June 6, 2017, at 9 (Remand Redetermination); available 
at http://enforcement.trade.gov/remands/17-27.pdf.
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    In the Final Results, we calculated a 0.00 percent weighted-average 
margin for Sao Ta Foods Joint Stock Company and a 1.16 percent 
weighted-average margin for Thuan Phuoc Seafoods and Trading 
Corporation.\4\ Based on our change of the labor surrogate value, we 
continued to calculate a 0.00 percent weighted-average margin for Sao 
Ta Foods Joint Stock Company and calculated a 1.42 percent weighted-
average margin for Thuan Phuoc Seafoods and Trading Corporation.\5\
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    \4\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review, 2013- 2014, 80 FR 55328, 55329 (September 15, 
2015) (Final Results).
    \5\ See Memorandum to the File, from Irene Gorelik, Senior 
International Trade Compliance Analyst, Office VIII, re: ``Remand 
Redetermination--Revised Final Results Calculations,'' dated May 12, 
2017 (Remand Recalculations).
     at Attachments 1-4.
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
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.
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    \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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    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 Redetermination 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 Final Results. Based on the Remand Redetermination, as 
affirmed by the Court on June 29, 2017, the revised weighted-average 
dumping margin for Thuan Phuoc Seafoods and Trading Corporation for the 
period February 1, 2013, through January 31, 2014, is 1.42 percent. As 
noted above, there was no change to Sao Ta Foods Joint Stock Company's 
weighted-average margin from the Final Results; we continued to 
calculate a 0.00 percent weighted-average margin for Sao Ta Foods Joint 
Stock Company in the Remand Redetermination.
    Further, for the purpose of recalculating the sample rate for the 
non-individually examined companies that received a separate rate and 
are parties to this litigation,\8\ we adjusted the Minh Phu Group's 
final margin from 1.39 percent \9\ to 1.53 percent; \10\ however, there 
is no effect to the Minh Phu Group's final margin of 1.39

[[Page 39566]]

percent in the Final Results.\11\ In the Remand Redetermination, the 
Department recalculated the sample rate resulting in a weighted-average 
dumping margin of 1.05 percent \12\ for the non-individually examined 
companies that qualified for a separate rate and are subject to this 
litigation.
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    \8\ See Remand Recalculations at 4-6, for the list of the 
separate rate companies that are subject to this litigation; see 
also Memorandum to the File, from Irene Gorelik, Senior 
International Trade Compliance Analyst, Office VIII, re: ``Final 
Remand Redetermination--Revised Final Remand Recalculations,'' dated 
June 15, 2017 (Final Remand Recalculations) at 4 for the 
recalculation of the sample rate for the final remand 
redetermination.
    \9\ See Final Results, 80 FR at 55329. See also Remand 
Recalculations at 4.
    \10\ See Final Remand Recalculations at 3 and Attachments 1-4.
    \11\ Since the issuance of the Final Results, the Department has 
revoked the antidumping duty order with respect to the Minh Phu 
Group. 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). 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. Accordingly, our recalculations pertain to the two 
remaining mandatory respondents, Sao Ta Foods Joint Stock Company 
and Thuan Phuoc Seafoods and Trading Corporation, and the non-
individually examined companies that received a separate rate and 
are subject to this litigation.
    \12\ See Final Remand Recalculations at 4.
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    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld 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 recalculated in the Remand 
Redetermination for Sao Ta Foods Joint Stock Company and Thuan Phuoc 
Seafoods and Trading Corporation and the above-noted 1.05 percent 
recalculated sample rate for the non-individually examined respondents 
that received a separate rate in the Final Results and are subject to 
this litigation.

Cash Deposit Requirements

Mandatory Respondents

    Because there have been subsequent administrative reviews for Sao 
Ta Foods Joint Stock Company \13\ and Thuan Phuoc Seafoods and Trading 
Corporation,\14\ the cash deposit rate for these two companies will 
remain the rate established in the most recently-completed 
administrative review in which they received a cash deposit rate of 
4.78 percent.\15\
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    \13\ Sao Ta Foods Joint Stock Company was granted the following 
``also-known-as'' (aka) or ``doing-business-as'' (dba) names in the 
Final Results (which were included in the injunction enjoining 
liquidation of suspended entries): Sao Ta Foods Joint Stock Company, 
aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota Seafood Factory. 
However, many of these names were not granted separate rate status 
in 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). Thus, for liquidation purposes, we will continue to use 
Sao Ta Foods 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.
    \14\ Thuan Phuoc Seafoods and Trading Corporation was granted 
the following aka or dba names in the Final Results (which were 
included in the injunction enjoining liquidation of suspended 
entries): 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. However, many of these names were not 
granted separate rate status in AR10 Final Results. Thus, for 
liquidation purposes, we will continue to use Thuan Phuoc Seafoods 
and Trading Corporation's aforementioned aka/dba names; but for cash 
deposit purposes, only the aka and/or dba names granted in AR10 
Final Results are valid.
    \15\ See AR10 Final Results, 81 FR at 62718-62719.
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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 recently-completed administrative review in which they 
received a cash deposit rate.
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    \16\ Many 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 separate rate status in subsequent reviews are valid 
for cash deposit purposes.
    \17\ See 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).

------------------------------------------------------------------------
                               Cash deposit
        Exporter \16\         rate in effect   Federal Register  notice
                                 (percent)
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Bac Lieu Fisheries Joint                4.78  AR10 Final Results.
 Stock Company, aka Bac Lieu
 Fisheries Company Limited,
 aka Bac Lieu Fisheries Co.,
 Ltd., aka Bac Lieu
 Fisheries Limited Company,
 aka Bac Lieu Fis.
Camau Frozen Seafood                    4.78  AR10 Final Results.
 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.
C.P. Vietnam Corporation,              25.76  AR11 Final Results.\17\
 aka C.P. Vietnam Livestock
 Corporation, aka C.P.
 Vietnam Livestock Company
 Limited, aka C.P. Vietnam.
Cadovimex Seafood Import-               4.78  AR11 Final Results.
 Export and Processing Joint
 Stock Company, aka Cai Doi
 Vam Seafood Import-Export
 Company, aka Caidoivam
 Seafood Company
 (Cadovimex), aka Cadovimex-
 Vietnam.
Can Tho Import Export                   4.78  AR10 Final Results
 Fishery Limited Company,
 aka CAFISH.
Cuu Long Seaproducts                    4.78  AR10 Final Results.
 Company, aka Cuulong
 Seaproducts Company, aka
 Cuu Long Seaproducts
 Limited, aka Cuulong
 Seapro, aka Cuu Long
 Seapro..
Gallant Ocean (Vietnam) Co.,            4.78  AR11 Final Results.
 Ltd..
Gallant Dachan Seafood Co.,             4.78  AR10 Final Results.
 Ltd..
Hai Viet Corporation, aka               4.78  AR10 Final Results.
 HAVICO.
Investment Commerce                     4.78  AR11 Final Results.
 Fisheries Corporation, aka
 Investment Commerce
 Fisheries Corp., aka
 Investment Commerce
 Fisheries, aka Incomfish,
 aka Incomfish Corp., aka
 Incomfish Corporation.
Kim Anh Company Limited, aka            4.78  AR11 Final Results.
 Kim Anh Co, Ltd.
Minh Cuong Seafood Import              25.76  AR10 Final Results.
 Export Frozen Processing
 Joint Stock Co, aka Minh
 Cuong Seafood Import-
 Export Processing, aka MC
 Seafood.
Minh Hai Export Frozen                  4.78  AR10 Final Results.
 Seafood Processing Joint-
 Stock Company, aka Minh Hai
 Jostoco.
Minh Hai Joint-Stock                    4.78  AR10 Final Results.
 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.
Minh Hai Sea Products Import            4.78  AR10 Final Results.
 Export Company, aka Ca Mau
 Seafood Joint Stock
 Company, aka Seaprimexco
 Vietnam, aka Seaprimexco.
Nha Trang Fisheries Joint               4.78  AR11 Final Results.
 Stock Company, aka Nha
 Trang Fisco, aka Nhatrang
 Fisco, aka Nha Trang
 Fisheries, Joint Stock.

[[Page 39567]]

 
Nha Trang Seafoods Group:               4.78  AR10 Final Results.
 Nha Trang Seaproduct
 Company, aka Nha Trang
 Seafoods, aka NT Seafoods
 Corporation, aka NT
 Seafoods, aka Nha Trang
 Seafoods--F89 Joint Stock
 Company, aka Nha Trang
 Seafoods--F89, aka NTSF
 Seafoods Joint Stock
 Company, aka NTSF Seafoods.
Ngoc Tri Seafood Joint Stock            4.78  AR10 Final Results.
 Company, aka Ngoc Tri
 Seafood Company.
Phuong Nam Foodstuff Corp.              4.78  AR11 Final Results.
 aka Phuong Nam Co., Ltd.,
 aka Phuong Nam Foodstuff
 Product Processing Joint
 Stock Corporation, aka
 Phuong Namco-Ltd.
Quoc Viet Seaproducts                   4.78  AR10 Final Results.
 Processing Trading and
 Import-Export Co., Ltd.
Soc Trang Seafood Joint                 4.78  AR10 Final Results.
 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.
Tan Phong Phu Seafoods Co.,            25.76  AR11 Final Results.
 Ltd.
Thong Thuan Company Limited,            4.78  AR10 Final Results.
 aka T&T Co., Ltd.
UTXI Aquatic Products                   4.78  AR11 Final Results.
 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.
Viet Foods Co., Ltd., aka               4.78  AR10 Final Results.
 Nam Hai Foodstuff and
 Export Company Ltd.
Vietnam Clean Seafood                   4.78  AR10 Final Results.
 Corporation, aka Vina
 Cleanfood.
Viet Hai Seafood Co., Ltd.,             4.78  AR11 Final Results.
 aka Vietnam Fish One Co.,
 Ltd.
Viet I-Mei Frozen Foods Co.,            4.78  AR10 Final Results
 Ltd.
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    There have been no 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 of 1.05 percent, as recalculated in the Remand 
Redetermination, applies for these exporters.

------------------------------------------------------------------------
                                                           Cash deposit
                        Exporter                          rate in effect
                                                             (percent)
------------------------------------------------------------------------
Bentre Forestry and Aquaproduct Import-Export Joint                 1.05
 Stock Company, aka FAQUIMEX............................
Fine Foods Co., aka FFC.................................            1.05
Goldenquality Seafood Corporation.......................            1.05
Tacvan Frozen Seafood Processing Export Company, aka                1.05
 Tacvan Seafoods Co.....................................
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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. 2017-17630 Filed 8-18-17; 8:45 am]
 BILLING CODE 3510-DS-P