[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39760-39762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17629]



[[Page 39760]]

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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 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\
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    \1\ 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) 
(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).
    \2\ See Tri Union Frozen Prods. Inc. v. United States, 163 F. 
Supp. 3d 1255, 1312-13 (CIT 2016) (Tri Union I).
    \3\ See 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.
    \4\ See 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.
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    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\
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    \5\ See 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).
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    In the AR8 Final Results, we calculated a 9.75 percent weighted-
average 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.
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    \6\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended 
Final Results, 79 FR at 65378.
    \7\ See 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.
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    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.
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    \8\ See AR8 Final Results, 79 FR at 57049; see also AR8 Amended 
Final Results, 79 FR at 65378.
    \9\ See Draft Remand Recalculations at Attachments 1 and 2.
    \10\ Since 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.
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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.
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    \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \13\ 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 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

[[Page 39761]]

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 recently-completed administrative review in which it received a 
cash deposit rate of 4.78 percent.\14\
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    \14\ See 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 ``also-known-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.
    \15\ 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 in subsequent reviews are valid for cash deposit 
purposes.
    \16\ 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).
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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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                                                 Cash deposit
                 Exporter \15\                  rate in effect               Federal Register notice
                                                      (%)
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Camau Frozen Seafood Processing Import Export             4.78  AR10 Final Results.
 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.
Cafatex Fishery Joint Stock Corporation, aka              4.78  AR11 Final Results.\16\
 Cafatex Corporation, aka Cafatex Corp., aka
 Cafatex, aka Taydo Seafood Enterprise, aka Xi
 Nghiep Che Bien Thuy Suc San Xuat Kau Cantho.
C.P. Vietnam Corporation, aka C.P. Vietnam               25.76  AR11 Final Results.
 Livestock Corporation, aka C.P. Vietnam
 Livestock Company Limited, aka C.P. Vietnam.
Camau Seafood Processing and Service Joint-               4.78  AR10 Final Results.
 Stock Corporation.
Cadovimex Seafood Import-Export and Processing            4.78  AR11 Final Results.
 Joint Stock Company, aka Cai Doi Vam Seafood
 Import-Export Company, aka Caidoivam Seafood
 Company, aka Cadovimex-Vietnam, aka Cadovimex.
Can Tho Import Export Fishery Limited Company,            4.78  AR10 Final Results.
 aka CAFISH.
Coastal Fisheries Development Corporation, aka           25.76  AR11 Final Results.
 COFIDEC, aka Coastal Fisheries Development
 Corp., aka Coastal Fisheries Development Co.,
 aka Coastal Fisheries Development.
Cuu Long Seaproducts Company, aka Cuu Long                4.78  AR10 Final Results.
 Seaproducts Limited, aka Cuulong Seapro, aka
 Cuu Long Seapro.
Danang Seaproducts Import Export Corporation,            25.76  AR11 Final Results.
 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.
Gallant Ocean (Vietnam) Co., Ltd..............            4.78  AR11 Final Results.
Hai Viet Corporation..........................            4.78  AR10 Final Results.
Investment Commerce Fisheries Corporation, aka            4.78  AR11 Final Results.
 Investment Commerce Fisheries Corp., aka
 Investment Commerce Fisheries, aka Incomfish,
 aka Incomfish Corp., aka Incomfish
 Corporation.
Kim Anh Company Limited, aka Kim Anh Co, Ltd..            4.78  AR11 Final Results.
Minh Hai Export Frozen Seafood Processing                 4.78  AR10 Final Results.
 Joint-Stock Company, aka Minh Hai Jostoco.
Minh Hai Joint-Stock Seafoods Processing                  4.78  AR10 Final Results.
 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 Export Company,              4.78  AR10 Final Results.
 aka Ca Mau Seafood Joint Stock Company, aka
 Seaprimexco Vietnam, aka Seaprimexco, aka
 Minh Hai Seaproducts Co Ltd.
Nha Trang Fisheries Joint Stock Company, aka              4.78  AR11 Final Results.
 Nha Trang Fisco aka Nhatrang Fisheries Joint
 Stock Company, aka Nhatrang Fisco, aka Nha
 Trang Fisheries, Joint Stock.
Nha Trang Seafoods: Nha Trang Seaproducts                 4.78  AR10 Final Results.
 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.
Phu Cuong Jostoco Seafood Corporation, aka Phu           25.76  AR11 Final Results.
 Cuong Seafood Processing and Import-Export
 Co., Ltd., aka Phu Cuong Seafood Processing
 and Import Export Company Limited, aka Phu
 Cuong Jostoco Seafood Corp.
Phuong Nam Foodstuff Corp., aka Phuong Nam                4.78  AR11 Final Results.
 Co., Ltd.
Quoc Viet Seaproducts Processing Trading and              4.78  AR10 Final Results.
 Import-Export Co., Ltd.

[[Page 39762]]

 
Sao Ta Foods Joint Stock Company, aka Fimex               4.78  AR10 Final Results.
 VN, aka Sao Ta Seafood Factory, aka Saota
 Seafood Factory.
Thong Thuan Company Limited, aka Cong Ty Tnhh             4.78  AR10 Final Results.
 Thong Thuan.
Thuan Phuoc Seafoods and Trading Corporation,             4.78  AR10 Final Results.
 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.
UTXI Aquatic Products Processing Corporation,             4.78  AR11 Final Results.
 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 Nam Hai Foodstuff               4.78  AR10 Final Results.
 and Export Company Ltd.
Vietnam Clean Seafood Corporation, aka Vina               4.78  AR10 Final Results.
 Cleanfood.
Viet Hai Seafood Co., Ltd., aka Vietnam Fish              4.78  AR11 Final Results.
 One Co., Ltd., aka Fish One.
Viet I-Mei Frozen Foods Co., Ltd..............            4.78  AR10 Final Results.
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    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.

------------------------------------------------------------------------
                                                           Cash deposit
                        Exporter                          rate in effect
                                                                (%)
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BIM Seafood Joint Stock Company.........................            6.94
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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. 2017-17629 Filed 8-21-17; 8:45 am]
 BILLING CODE 3510-DS-P