Antidumping Duty Administrative Reviews; Amended Final Results, Partial Recissions:

 
CONTENT

Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)

Notices

Pages 64307-64312

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-26935

DEPARTMENT OF COMMERCE

International Trade Administration

A-552-802

Certain Frozen Warmwater Shrimp From the Socialist Republic of

Vietnam: Amended Final Results and Final Partial Rescission of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: On September 12, 2011, the Department of Commerce

(``Department'') published in the Federal Register the final results of the fifth administrative review of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist

Republic of Vietnam (``Vietnam'').\1\ The period of review (``POR'') is

February 1, 2009, through January 31, 2010. We are amending the Final

Results to correct certain ministerial errors.

\1\ See Certain Frozen Warmwater Shrimp From the Socialist

Republic of Vietnam: Final Results and Final Partial Rescission of

Antidumping Duty Administrative Review, 76 FR 56158 (September 12, 2011) (``Final Results'').

DATES: October 18, 2011.

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- 4013 or (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department's regulations at 19 CFR 351.224(c)(2) state that a party to an antidumping duty proceeding must file comments concerning ministerial errors within five days after the earlier of the

Page 64308

date on which the Secretary released disclosure documents to that party or held a disclosure meeting with that party. On September 13, and

September 14, 2011, the Department received timely ministerial error allegations from Camimex, Minh Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., Ltd., and Minh Phat Seafood Co., Ltd.)

(collectively ``the Minh Phu Group''), and Viet Foods Co., Ltd. (``Viet

Foods'') and its branch Nam Hai Foodstuff Export Company Ltd.

(collectively, ``Respondents''). No other party in this proceeding submitted comments on the Department's final margin calculations. Based upon the Department's analysis of the comments and allegations of ministerial errors, the Department has made changes to the margin calculation for Camimex and the Minh Phu Group. The Department also has clarified that in its rescission of Viet Foods in the Final Results, the Department inadvertently referred to the company as Viet Hai Foods.

Furthermore, as a result of correcting the error in the margin calculation for Camimex, the margins for the companies granted separate rate status were also revised because the margins for those companies were derived from Camimex's and the Minh Phu Group's margins.

Scope of the Order

The scope of the 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,\2\ deveined or not deveined, cooked or raw, or otherwise processed in frozen form.

\2\ ``Tails'' in this context means the tail fan, which includes the telson and the uropods.

The frozen warmwater shrimp and prawn products included in the scope of this order, 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 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 the order. In addition, food preparations (including dusted shrimp), which are not ``prepared meals,'' that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of the order.

Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.1020); (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 0306.23.0020 and 0306.23.0040); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS subheading 1605.20.1040); and (7) certain battered shrimp. Battered 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. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par- fried.

The products covered by the order are currently classified under the following HTS subheadings: 0306.13.0003, 0306.13.0006, 0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021, 0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010, and 1605.20.1030. 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 the order 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 Camimex's and the Minh Phu Group's margin calculations and inadvertently referred to Viet Foods as Viet Hai Foods. 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 ``Fifth

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 rate for Camimex, we are also revising the margin for the companies granted separate-rate status because the margin for those companies was calculated as the weighted average of

Camimex's and the Minh Phu Group's margins. In accordance with section 751(h) of the Act, we are amending the final results of the fifth 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, 2009, through January 30, 2010:

Page 64309

Amended final

Exporter

margin (percent)

Camau Frozen Seafood Processing Import Export

Corporation (``CAMIMEX'') aka

Camimex aka

Camau Seafood Factory No. 4 aka

Camau Seafood Factory No. 5 aka

Camau Frozen Seafood Processing Import & Export aka

Camau Frozen Seafood Processing Import Export Corp.

(CAMIMEX-FAC 25) aka

Frozen Factory No. 4 aka

Camau Frozen Seafood Processing Import Export

0.80

Corporation.........................................

Minh Phu Group:

Minh Phat Seafood Co., Ltd. aka

Minh Phat Seafood aka

Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh

Phat Seafood Co., Ltd.) aka

Minh Phu Seafood Corp. aka

Minh Phu Seafood Corporation aka

Minh Qui Seafood aka

Minh Qui Seafood Co., Ltd. aka

Minh Phu Seafood Pte aka

Minh Phat aka

Minh Qui.........................................

1.15

Nha Trang Seafoods Group:

Nha Trang Seaproduct Company (``Nha Trang

Seafoods'') aka

Nha Trang Seaproduct Company

Nha Trang Seafoods aka

Nha Trang Seaproduct Company Nha Trang Seafoods aka

NT Seafoods Corporation (``NT Seafoods'') aka

Nha Trang Seafoods--F.89 Joint Stock Company

(``Nha Trang Seafoods--F.89'') aka

NTSF Seafoods Joint Stock Company (``NTSF

de minimis

Seafoods'').....................................

Amanda Foods (Vietnam) Limited (``Amanda Foods'')....

1.03

Bac Lieu Fisheries Joint Stock Company aka

Bac Lieu Fisheries Company Limited (``Bac Lieu'') aka

Bac Lieu Fisheries Company Limited aka

Bac Lieu Fisheries Limited Company aka

Bac Lieu Fisheries Company Limited aka

Bac Lieu Fis aka

Bac Lieu Co. Ltd. aka

Bac Lieu Fisheries aka

Bac Lieu Fisheries Co. Ltd...........................

1.03

C.P. Vietnam Livestock Company Limited aka

C.P. Vietnam Livestock Corporation (``C.P. Vietnam'') aka

C.P. Vietnam Livestock Corporation aka

C.P. Vietnam Livestock Co. Ltd. aka

CP Livestock.........................................

1.03

Cadovimex Seafood Import-Export and Processing Joint

Stock Company (``CADOVIMEX-VIETNAM'') aka

Cadovimex-Vietnam aka

Cai Doi Vam Seafood Import-Export Company

(``Cadovimex'') aka

Cai Doi Vam Seafood Import-Export Company (Cadovimex) aka

Cai Doi Vam Seafood aka

Cai Doi Vam Seafood Im-Ex Company (Cadovimex) aka

Cai Doi Vam Seafood Processing Factory aka

Caidoivam Seafood Company (Cadovimex) aka

Caidoivam Seafood Im-Ex Co. aka

Cadovimex Seafood Import-Export and Processing Joint

Stock Company aka

Cai Doi Vam Seafood Import-Export Company aka

Cadovimex............................................

1.03

Cafatex Fishery Joint Stock Corporation (``Cafatex

Corp.'') aka

Cafatex Fishery Joint Stock Corporation (``CAFATEX

CORP.'') aka

Cantho Animal Fisheries Product Processing Export

Enterprise (Cafatex) aka

Cafatex aka

Cafatex Vietnam aka

Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho aka

Cas aka

Cas Branch aka

Cafatex Saigon aka

Cafatex Fishery Joint Stock Corporation aka

Cafatex Corporation aka

Taydo Seafood Enterprise aka

Cafatex Corp. aka

Cafatex Corporation..................................

1.03

Cam Ranh Seafoods Processing Enterprise Pte aka

Cam Ranh Seafoods Processing Enterprise Company

(``Camranh Seafoods'') aka

Camranh Seafoods aka

Page 64310

Branch of Camranh Seafoods Processing Enterprise Pte--

Quang Ninh Seaproduct Factory aka

Quang Ninh Seaproduct Factory (Camranh Seafoods'

1.03

Branch).............................................

CATACO Sole Member Limited Liability Company

Can Tho Agricultural and Animal Products Import

Export Company (``CATACO'') aka

Can Tho Agricultural and Animal Product Import Export

Company (``CATACO'') aka

Can Tho Agricultural Products aka

CATACO aka

Can Tho Agricultural and Animal Products Imex Company

1.03

Can Tho Import Export Fishery Limited Company

1.03

(``CAFISH'')........................................

Coastal Fishery Development aka

Coastal Fisheries Development Corporation

(``Cofidec'') aka

Coastal Fisheries Development Corporation (Cofidec) aka

COFIDEC aka

Coastal Fisheries Development Corporation aka

Coastal Fisheries Development Co. aka

Coastal Fisheries Development Corp...................

1.03

Cuulong Seaproducts Company (``Cuu Long Seapro'') aka

Cuu Long Seaproducts Limited (``Cuulong Seapro'') aka

Cuulong Seapro aka

Cuulong Seaproducts Company (``Cuulong Seapro'') aka

Cuu Long Seaproducts Company (``Cuu Long Seapro'') aka

Cuu Long Seaproducts Company aka

Cuu Long Seapro aka

Cuulong Seaproducts Company (``Cuu Long Seapro'') aka

Cuu Long Seaproducts Limited (Cuulong Seapro) aka

Cuulong Seapro aka

Cuulong Seaproduct Company aka

Cuulong Seaproducts Company..........................

1.03

Danang Sea Products Import Export Corporation aka

Danang Seaproducts Import Export Corporation

(``Seaprodex Danang'') aka

Danang Seaproducts Import Export Corporation aka

Danang Seaproduct Import-Export Corporation aka

Danang Seaproducts Import Export aka

Tho Quang Seafood Processing & Export Company aka

Seaprodex Danang aka

Tho Quang Seafood Processing and Export Company aka

Tho Quang aka

Tho Quang Co.........................................

1.03

Grobest & I-Mei Industrial Vietnam aka

Grobest aka

Grobest & I-Mei Industrial (Vietnam) Co., Ltd. aka

Grobest & I-Mei Industrial (Vietnam) Co., Ltd.

(``Grobest'') aka

Grobest & I-Mei Industry Vietnam.....................

1.03

Investment Commerce Fisheries Corporation

(``Incomfish'') aka

Incomfish aka

Investment Commerce Fisheries Corp. aka

Incomfish Corp. aka

Incomfish Corporation aka

Investment Commerce Fisheries aka

Investment Commerce Fisheries Corporation aka

Incomfish Corporation................................

1.03

Kim Anh Company Limited (``Kim Anh'')................

1.03

Minh Hai Export Frozen Seafood Processing Joint Stock

Company aka

Minh Hai Jostoco aka

Minh Hai Export Frozen Seafood Processing Joint-Stock

Company (``Minh Hai Jostoco'') aka

Minh Hai Export Frozen Seafood Processing Joint Stock

Company (``Minh Hai Jostoco'') aka

Minh Hai Export Frozen Seafood Processing Joint-Stock

Company aka

Minh Hai Joint Stock Seafood Processing Joint-Stock

Company aka

Minh Hai Export Frozen Seafood Processing Joint-Stock

Co., aka

Minh-Hai Export Frozen Seafood Processing Joint-Stock

1.03

Company.............................................

Minh Hai Joint-Stock Seafoods Processing Company

(``Seaprodex Minh Hai'') aka

Sea Minh Hai aka

Minh Hai Joint-Stock Seafoods Processing Company aka

Seaprodex Minh Hai aka

Seaprodex Min Hai aka

Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods

Processing Co.) aka

Seaprodex Minh Hai Factory aka

Seaprodex Minh Hai Factory No. 69 aka

Seaprodex Minh Hai Workshop 1 aka

Seaprodex Minh Hai-Factory No. 78 aka

Workshop I Seaprodex Minh Hai........................

1.03

Minh Hai Sea Products Import Export Company

(``Seaprimex Co'') aka

Page 64311

Minh Hai Sea Products Import Export Company

(Seaprimex Co) aka

Ca Mau Seafood Joint Stock Company (``SEAPRIMEXCO'') aka

Seaprimexco Vietnam aka

Seaprimexco aka

Ca Mau Seafood Joint Stock Company (``Seaprimexco'') aka

Minh Hai Seaproducts Import Export Corporation aka

Seaprimexco aka

Minh Hai Seaproducts Co Ltd. (Seaprimexco) aka

Ca Mau Seafood Joint Stock Company (``Seaprimexco

1.03

Vietnam'')..........................................

Ngoc Sinh Private Enterprise aka

Ngoc Sinh Seafoods aka

Ngoc Sinh Seafoods Processing and Trading Enterprise aka

Ngoc Sinh Fisheries aka

Ngoc Sinh Private Enterprises aka

Ngoc Sinh Seafoods Processing and Trading Enterprises aka

Ngoc Sinh aka

Ngoc Sinh Seafood Processing Company aka

Ngoc Sinh Seafoods (Private Enterprise)..............

1.03

Nhat Duc Co., Ltd. aka

Nhat Duc Co., Ltd. (``Nhat Duc'')....................

1.03

Nha Trang Fisheries Joint Stock Company (``Nha Trang

Fisco'') aka

Nha Trang Fisheries Joint Stock Company aka

Nhatrang Fisheries Joint Stock Company aka

Nha Trang Fisco aka

Nhatrang Fisco aka

Nha Trang Fisheries, Joint Stock aka

Nha Trang Fisheries Joint Stock Company (Nha Trang

1.03

Fisco)..............................................

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 Corp...............................

1.03

Phuong Nam Co., Ltd. (``Phuong Nam'') aka

Western Seafood Processing and Exporting Factory

(``Western Seafood'') aka

Phuong Nam Foodstuff Corp. aka

Phuong Nam Co. Ltd...................................

1.03

Sao Ta Foods Joint Stock Company (``Fimex VN'') aka

Sao Ta Foods Joint Stock Company aka

Fimex VN aka

Sao Ta Seafood Factory aka

Saota Seafood Factory................................

1.03

Soc Trang Aquatic Products and General Import Export

Company (``Stapimex'') aka

Soc Trang Seafood Joint Stock Company (``Stapimex'') aka

Soc Trang Seafood Joint Stock Company aka

Soc Trang Aquatic Products and General Import Export

Company aka

Stapimex aka

Soc Trang Aquatic Products and General Import Export

Company-(Stapimex) aka

Stapimex Soc Trans Aquatic Products and General

Import Export Company aka

Stapmex..............................................

1.03

Thuan Phuoc Seafoods and Trading Corporation aka

Thuan Phuoc aka

Frozen Seafoods Factory No. 32 aka

Frozen Seafoods Fty aka

Seafoods and Foodstuff Factory aka

My Son Seafoods Factory aka

Seafoods and Foodstuff Factory Vietnam...............

1.03

UTXI Aquatic Products Processing Company aka

UT XI Aquatic Products Processing Company aka

UT-XI Aquatic Products Processing Company aka

UTXI aka

UTXI Co. Ltd. aka

Khanh Loi Seafood Factory aka

Hoang Phuong Seafood Factory aka

UTXI Aquatic Products Processing Corporation

(``UTXICO'') aka

UTXI Aquatic Products Processing Corporation aka

UTXICO...............................................

1.03

Viet Hai Seafood Co., Ltd. aka

Vietnam Fish One Co., Ltd. (``Fish One'') aka

Viet Hai Seafoods Company Ltd. (``Vietnam Fish One

1.03

Co. Ltd.'').........................................

Vietnam-wide Entity..................................

25.76

Page 64312

Assessment

Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department shall determine, and U.S. Customs and Border Protection

(``CBP'') shall assess, antidumping duties on all appropriate entries.

The Department intends to issue assessment instructions to CBP that are related to the amended final results 15 days after the date of publication of the amended final results of review.

Cash Deposit Requirements

Cash deposit requirements related to the amended final results will be effective retroactively for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the Final Results, as provided for by section 751(a)(2)(C) of the Act. The cash deposit rate for companies whose rate was corrected by the amended final results will be the corrected rate for that company noted above. For all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the Vietnam-wide rate of 25.76 percent. For all non-Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporters that supplied that non-

Vietnamese exporter. These deposit requirements shall remain in effect until further notice.

These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act.

Dated: October 11, 2011.

Ronald K. Lorentzen,

Deputy Assistant Secretary for Import Administration.

FR Doc. 2011-26935 Filed 10-17-11; 8:45 am

BILLING CODE 3510-DS-P