Import Administration, International Trade Administration, Department of Commerce.
On March 12, 2013, the Department of Commerce (“Department”) published in the Federal Register the Preliminary Results of the seventh administrative review of the antidumping duty Order 
on certain Start Printed Page 56212warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”).
Based upon our analysis of the comments and information received, we have determined that Minh Phu Group,
and Nha Trang Seafoods,
the two mandatory respondents, and Quoc Viet,
the voluntary respondent, have not sold subject merchandise at less than normal value during the period of review (“POR”), February 1, 2011, through January 31, 2012. Additionally, the Department has determined not to revoke the Order in part, with respect to Minh Phu Group and Nha Trang Seafoods.
Effective Date: September 12, 2013.
Start Further Info
FOR FURTHER INFORMATION CONTACT:
Bob Palmer or Irene Gorelik, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-6905, respectively.
End Further Info
Start Supplemental Information
On March 12, 2013, the Department published the Preliminary Results. On May 22, 2013, the Department extended the time limit for these final results by 60 days. On April 15, 2013, Petitioner,
Minh Phu Group, and Nha Trang Seafoods, submitted additional surrogate value (“SV”) information. On April 25, 2013, Petitioner, Minh Phu Group and Nha Trang Seafoods submitted rebuttal SV comments.
We gave interested parties an opportunity to comment on the Preliminary Results. On May 31, 2013, Petitioner, Domestic Processors,
Quoc Viet, Minh Phu Group and Nha Trang Seafoods submitted case briefs. On June 5, 2013, Petitioner, Domestic Processors, Quoc Viet, Minh Phu Group and Nha Trang Seafoods submitted rebuttal briefs.
Scope of the Order
The merchandise subject to the order is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. The written description of the scope of the order is dispositive. A full description of the scope of the order is available in the accompanying Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to this review are addressed in the accompanying Issues and Decision Memorandum.
A list of the issues which parties raised, and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined the following companies did not have any reviewable transactions during the POR: Amanda Food (Vietnam) Ltd., Anvifish Joint Stock Company, Bien Dong Seafood Co., Ltd., Binh An Seafood Joint Stock Company, Camranh Seafoods, Thong Thuan Seafood Company, Vietnam Clean Seafood Corporation, and Vinh Hoan Corporation. We have not received any information to contradict this determination. Therefore, the Department has made the final determination that the above-named companies did not have any reviewable entries of subject merchandise during the POR, and will issue appropriate instructions that are consistent with our “automatic assessment” clarification, for these final results.
Pursuant to 19 CFR 351.307(b)(iv), the Department conducted a verification of Minh Phu Group's sales and factors of production between April 16, 2013 and April 26, 2013.
Based on Minh Phu Group's minor corrections presented to the Department and other findings, the Department requested Minh Phu Group submit revised data.
Changes Since the Preliminary Results
The Department has made changes to certain surrogate values and company-specific margin calculations since the Preliminary Results. Specifically, we changed the surrogate value for domestic cold storage warehousing and the surrogate values for certain export-related expenses incurred by Minh Phu Group and Nha Trang. The Department also made company-specific changes to the margin calculation programs resulting from verification in Minh Phu Group's case, and other programming changes for Minh Phu Group, Nha Trang, and Quoc Viet based on arguments made in case and rebuttal briefs. For detailed information, see the Issues and Decision Memorandum and the company-specific final results analysis memoranda.Start Printed Page 56213
Request for Revocation, In Part
In the Preliminary Results, we determined that Minh Phu Group and Nha Trang Seafoods have not met the regulatory criteria for revocation set forth in 19 CFR 351.222(b).
We have not received any further information following the issuance of the Preliminary Results that would warrant revocation of the order with regard to either Minh Phu Group or Nha Trang Seafoods.
Therefore, we will not revoke the Order with respect to Minh Phu Group and Nha Trang Seafoods because they have not met the regulatory criteria for revocation set forth in 19 CFR 351.222(b).
In the Preliminary Results, we determined that 30 companies 
(“Separate Rate Respondents”) in addition to Minh Phu Group and Nha Trang Seafoods, and the voluntary respondent, Quoc Viet, met the criteria for separate rate status. We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this preliminary determination. Therefore, the Department continues to find that these 33 companies meet the criteria for a separate rate for the final results.
Rate for Non-Selected Companies
For the final results, we continue to calculate zero rates for both mandatory respondents. Therefore, there is no change to the separate rate assigned to the Separate Rate Respondents for the final results of this review, and we continue to determine that a “reasonable method for determining the weighted-average dumping margins for the non-selected respondents in this review is to average the weighted-average dumping margins calculated for the mandatory respondents,” as noted in the Preliminary Results.
For a detailed discussion of the Department's separate rate calculation, see the Issues and Decision Memorandum at Comment 9.
In the Preliminary Results, we determined that 41 companies failed to demonstrate their eligibility for a separate rate. In NME proceedings, “`rates' may consist of a single dumping margin applicable to all exporters and producers.” 
Therefore, we assigned the Vietnam-wide entity a rate of 25.76 percent, the only rate ever determined for the Vietnam-wide entity in this proceeding. We have not received any information since the Preliminary Results that provides a basis for reconsidering this determination. We, therefore, continue to apply the Vietnam-wide entity rate of 25.76 percent to these 41 companies.
Final Results of Review
The Department determines that the following final dumping margins exist:
|Minh Phu Group: 20|
|Minh Phu Seafood Corp., aka|
|Minh Phu Seafood Corporation, aka|
|Minh Phu Seafood Pte, aka|
|Minh Phu Hau Giang Seafood Co., Ltd., aka|
|Minh Phat Seafood Co., Ltd., aka|
|Minh Qui Seafood Co., Ltd., aka|
|Minh Qui Seafood||0.00|
|Nha Trang Seafoods: 21|
|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|
|Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd.22||0.00|
|Bac Lieu Fisheries Joint Stock Company, aka|
|Bac Lieu Fisheries Company Limited, aka|
|Bac Lieu Fisheries Co., Ltd., aka|
|Bac Lieu Fisheries Limited Company, aka|
|Start Printed Page 56214|
|Bac Lieu Fis||0.00|
|BIM Seafood Joint Stock Company||0.00|
|Camau Frozen Seafood Processing Import Export Corporation, 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||0.00|
|C.P. Vietnam Corporation, aka|
|C.P. Vietnam Livestock Corporation, aka|
|C.P. Vietnam Livestock Company Limited, aka|
|C.P. Vietnam Livestock Co., Ltd., aka|
|Cadovimex Seafood Import-Export and Processing Joint Stock Company, aka|
|Cai Doi Vam Seafood Import-Export Company, aka|
|Caidoivam Seafood Company, aka|
|Cafatex Fishery Joint Stock Corporation, aka|
|Cafatex Corporation, aka|
|Cafatex Corp., aka|
|Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), aka|
|Taydo Seafood Enterprise, aka|
|Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho||0.00|
|Can Tho Import Export Fishery Limited Company, aka|
|Coastal Fisheries Development Corporation, aka|
|Coastal Fisheries Development Corp., aka|
|Coastal Fisheries Development Co. aka|
|Coastal Fisheries Development||0.00|
|Cuu Long Seaproducts Company, aka|
|Cuu Long Seaproducts Limited, aka|
|Cuulong Seapro aka|
|Cuu Long Seapro||0.00|
|Danang Seaproducts Import Export Corporation, aka|
|Danang Sea Products Import Export Corporation, aka|
|Danang Seaproduct Import-Export Corporation, aka|
|Danang Seaproducts Import Export, aka|
|Tho Quang Seafood Processing & Export Company, aka|
|Tho Quang Seafood Processing and Export Company, aka|
|Tho Quang, aka|
|Tho Quang Co., aka|
|Viet I-Mei Frozen Foods Co., Ltd., aka|
|Grobest & I-Mei Industrial (Vietnam) Co., Ltd., aka|
|Grobest & I-Mei Industry (Vietnam) Co., Ltd., aka|
|Gallant Ocean (Vietnam) Co., Ltd., aka|
|Gallant Ocean (Quang Ngai) Co., Ltd.||0.00|
|Investment Commerce Fisheries Corporation, aka|
|Investment Commerce Fisheries Corp., aka|
|Investment Commerce Fisheries, aka|
|Incomfish Corp., aka|
|Kim Anh Company Limited, aka|
|Kim Anh Co, Ltd.||0.00|
|Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka|
|Minh Hai Jostoco, aka|
|Minh Hai Export Frozen Seafood Processing Joint Stock Company, aka|
|Minh Hai Export Frozen Seafood Processing Joint-Stock Co., aka|
|Minh-Hai Export Frozen Seafood Processing Joint-Stock Company||0.00|
|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||0.00|
|Start Printed Page 56215|
|Minh Hai Sea Products Import Export Company, aka|
|Ca Mau Seafood Joint Stock Company, aka|
|Seaprimexco Vietnam aka|
|Minh Hai Seaproducts Co Ltd.||0.00|
|Ngoc Sinh Private Enterprise, aka|
|Ngoc Sinh Private Enterprises, aka|
|Ngoc Sinh Seafoods, aka|
|Ngoc Sinh Seafoods Processing and Trading Enterprises, aka|
|Ngoc Sinh Seafood Processing Company, aka|
|Ngoc Sinh Seafoods (Private Enterprise), aka|
|Ngoc Sinh Fisheries, aka|
|Ngoc Tri Seafood Joint Stock Company||0.00|
|Nhat Duc Co., Ltd., aka|
|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||0.00|
|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.||0.00|
|Phuong Nam Foodstuff Corp. aka|
|Phuong Nam, aka|
|Phuong Nam Co., Ltd., aka|
|Western Seafood Processing and Exporting Factory, aka|
|Sao Ta Foods Joint Stock Company, aka|
|Fimex VN aka|
|Sao Ta Seafood Factory aka|
|Saota Seafood Factory||0.00|
|Seavina Joint Stock Company, aka|
|Soc Trang Seafood Joint Stock Company, aka|
|Soc Trang Aquatic Products and General Import Export Company, aka|
|Stapimex Soc Trans Aquatic Products and General Import Export Company, aka|
|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||0.00|
|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|
|Hoang Phuong Seafood Factory, aka|
|Hoang Phong Seafood Factory, aka|
|Viet Foods Co., Ltd., aka|
|Nam Hai Foodstuff and Export Company Ltd.||0.00|
|Viet Hai Seafood Co., Ltd., aka|
|Vietnam Fish One Co., Ltd., aka|
|Vietnam-wide Entity 23||25.76|
Disclosure and Public Comment
We will disclose the calculations performed within five days of the date Start Printed Page 56216of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b).
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (“the Act”) and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. In these final results, the Department applied the assessment rate calculation method adopted in Final Modification for Reviews, i.e., on the basis of monthly average-to-average comparisons using only the transactions associated with that importer with offsets being provided for non-dumped comparisons.
Where we do not have entered values for all U.S. sales to a particular importer/customer, we calculate a per-unit assessment rate by aggregating the antidumping duties due for all U.S. sales to that importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer).
To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-) specific ad valorem ratios based on the estimated entered value. Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem rate is zero or above de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.
Additionally, pursuant to a refinement to its assessment practice in NME cases, if the Department continues to determine that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the NME-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above, which have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Vietnam and non-Vietnam exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the Vietnam-wide entity; and (4) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: September 6, 2013.
Assistant Secretary for Import Administration.
Comment 1: Surrogate Country
A. Economic Comparability
B. Data Considerations
Comment 2: Financial Statements to Use When Selecting Indonesia as Surrogate Country
Comment 3: Market Economy Purchases
Comment 4: Whether the Surrogate Value For Export-Related Non-Market Economy Expenses Incurred is Double-Counted
Comment 5: Movement Expenses
Comment 6: Cold Storage Surrogate Value
Comment 7: Sauce Surrogate Value
Comment 8: Targeted Dumping
Comment 9: Calculation of the Separate Rate and Whether to Revise the Separate Rate Liquidation Instructions
Comment 10: Whether to Revise U.S. Customs and Border Patrol Liquidation and Cash Deposit Instructions
Comment 11: Whether to Include an Additional Company in Phu Cuong Jostoco' Separate Rate
Comment 12: Whether to Revoke From the Order Minh Phu Group and Nha Trang Seafoods
Minh Phu Group:
Comment 13: Whether Minh Phu Group's Reported Sample Sales Are Properly Excluded
Comment 14: Whether Certain Factors of Production Reported by Minh Phu Group are Properly Classified as Direct Materials
Comment 15: Whether the Department Applied an Incorrect Unit of Measure for Sauce
Comment 16: Whether the Department Incorrectly Applied Minh Phu Group's Start Printed Page 56217Reported Entered Value
Comment 17: Whether Minh Phu Group's Minor Corrections from Verification Are Properly Applied
Comment 18: Whether MPG's Indirect Selling Expenses Are Properly Calculated
Nha Trang Seafoods:
Comment 19: Whether to Adjust Electricity and Water Consumption
Comment 20: Whether Nha Trang Seafoods Included Transfer Costs between Factories
Comment 21: Treatment of Sauce
Comment 22: Marine Insurance
End Supplemental Information
[FR Doc. 2013-22228 Filed 9-11-13; 8:45 am]
BILLING CODE 3510-DS-P