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Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) preliminarily determines that sales of certain frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam (Vietnam) by Fimex VN and Nha Trang Seaproduct Company were not made at prices below normal value (NV). Interested parties are invited to comment on these preliminary results.
Applicable April 22, 2019.
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FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Josh Simonidis, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905 or (202) 482-0608, respectively.
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In response to requests from interested parties, Commerce is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam) which it initiated on April 16, 2018.
The period of review (POR) is February 1, 2017, through January 31, 2018. On August 9, 2018, we rescinded the review with respect to Soc Trang Seafood Joint Stock Company and Seavina Joint Stock Company.
Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.
Accordingly, the revised deadline for these preliminary results is now April 9, 2019.
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 (HTSUS) 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. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.
Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export prices and constructed export prices were calculated in accordance with section 772 of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, NV was calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
Based on our analysis of information from Customs and Border Protection (CBP) and information provided by 18 companies, we preliminarily determine that these 18 companies 
subject to this review did not have any reviewable transactions during the POR. Commerce finds, consistent with its assessment practice in non-market economy cases, that it is appropriate not to rescind the review in part in these circumstances, but to complete the review with respect to these 18 companies and issue appropriate instructions to CBP based on the final results of the review.
For additional information regarding this determination, see the Preliminary Decision Memorandum.
Commerce finds that 67 companies (see Appendix II) for which a review was requested have not established eligibility for a separate rate and are considered to be part of the Vietnam-wide entity for these preliminary results.
Because no party requested a Start Printed Page 16649review of the Vietnam-wide entity, the entity is not under review and the entity's rate of 25.76 percent is not subject to change.
Preliminary Results of Review
For companies for which a review was requested and that have established eligibility for a separate rate, Commerce preliminarily determines that the following weighted-average dumping margins exist:
|Exporter 9||Weighted- average
|Fimex VN, aka Sao Ta Foods Joint Stock Company||0.00|
|Nha Trang Seaproduct Company,10 NT Seafoods Corporation, Nha Trang Seafoods—F89 Joint Stock Company, and NTSF Seafoods Joint Stock Company||0.00|
|Bac Lieu Fisheries Joint Stock Company||0.00|
|Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka FAQUIMEX||0.00|
|C.P. Vietnam Corporation||0.00|
|Cadovimex Seafood Import-Export and Processing Joint Stock Company||0.00|
|Camau Frozen Seafood Processing Import Export Corporation, aka Camimex||0.00|
|Camau Seafood Processing and Service Joint Stock Corporation, aka Camau Seafood Processing and Service Joint-Stock Corporation, aka CASES||0.00|
|Can Tho Import Export Fishery Limited Company, aka CAFISH||0.00|
|Cuulong Seaproducts Company, aka Cuulong Seapro||0.00|
|Fine Foods Co, aka FFC||0.00|
|Frozen Seafoods Factory No. 32||0.00|
|Hai Viet Corporation, aka HAVICO||0.00|
|Kim Anh Company Limited||0.00|
|Minh Hai Export Frozen Seafood Processing Joint-Stock Company, aka Minh Hai Jostoco||0.00|
|Minh Hai Joint-Stock Seafood Processing Company, aka Sea Minh Hai, aka Seaprodex Minh Hai, aka Minh Hai Joint Stock Seafoods||0.00|
|Ngoc Tri Seafood Joint Stock Company||0.00|
|Q N L Company Limited||0.00|
|Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd||0.00|
|Seaprimexco Vietnam, aka Seaprimexco||0.00|
|Seafoods and Foodstuff Factory||0.00|
|Taika Seafood Corporation||0.00|
|Thong Thuan Company Limited||0.00|
|Thuan Phuoc Seafoods and Trading Corporation||0.00|
|Trang Khanh Trading Company Limited, aka Trang Khanh Seafood Co., Ltd||0.00|
|Trong Nhan Seafood Company Limited||0.00|
|UTXI Aquatic Products Processing Corporation||0.00|
|Viet Foods Co., Ltd||0.00|
|Viet I-Mei Frozen Foods Co., Ltd||0.00|
|Vietnam Fish One Co., Ltd||0.00|
|Vietnam Clean Seafood Corporation, aka Vina Cleanfood, aka Viet Nam Clean Seafood Corporation||0.00|
Disclosure and Public Comment
Commerce will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice. Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the publication of these preliminary results, and rebuttal comments within five days after the time limit for filing case briefs, unless these deadlines are extended at a later date. Parties who submit case briefs or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.
Rebuttal briefs must be limited to issues raised in the case briefs.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined.
Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
Commerce intends to issue the final results of this administrative review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless this deadline is extended.
Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.
Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., is 0.50 percent or more) in the final results of this review, Commerce will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1).
We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where a respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For the respondents that were not selected for individual examination in this administrative review but qualified for a separate rate, the assessment rate will be equal to the average of the weighted-average dumping margins calculated for the mandatory respondents consistent with section 735(c)(5)(B) of the Act. The weighted-average dumping margins calculated for both mandatory respondents in this review are 0.00 percent. Consequently, the rate preliminarily established for the non-individually examined companies is an ad valorem rate of 0.00 percent.
For entries that were not reported in the U.S. sales database submitted by the two mandatory respondents during this review, Commerce will instruct CBP to liquidate such entries at the Vietnam-wide rate. In addition, if we continue to find in the final results no shipments for the companies identified in the “Preliminary Determination of No Shipments” section above, Commerce will instruct CBP to liquidate any suspended entries of subject merchandise that entered under those companies' case numbers at the Vietnam-wide rate.
For the final results, if we continue to treat the 67 companies identified in Appendix II as part of the Vietnam-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 25.76 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies.
The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.
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 the existing rate for the Vietnam-wide entity of 25.76 percent; 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.
Notification to Importers
This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
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: April 8, 2019.
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
III. Scope of the Order
IV. Discussion of the Methodology
A. Preliminary Determination of No Shipments
B. Non-Market Economy Country
1. Separate Rates
2. Vietnam-Wide Entity
C. Surrogate Country and Surrogate Values
1. Economic Comparability
2. Significant Producer of Comparable Merchandise
3. Data Availability
D. Date of Sale
E. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
F. U.S. Price
G. Normal Value
H. Factor Valuation Methodology
V. Currency ConversionStart Printed Page 16651
Companies Subject To Review Determined To Be Part of the Vietnam-Wide Entity
1. A & CDN Foods Co., Ltd.
2. Amanda Seafood Co., Ltd.
3. An Huy B.T Co. Ltd.
4. Anh Koa Seafood
5. Anh Minh Quan Joint Stock Company
6. Asia Food Stuffs Import Export Co., Ltd.
7. B.O.P Company Limited
8. B.O.P. Limited Co.
9. Binh Dong Fisheries Joint Stock Company
10. Binh Thuan Import—Export Joint Stock Company (THAIMEX)
11. Ca Mau Agricultural Products and Foodstuff Imp-Exp Joint Stock Company (Agrimexco Camau)
12. Cholimex Food Joint Stock Company
13. CJ Cau Tre Foods Joint Stock Company
14. CJ Freshway (FIDES Food System Co., Ltd.)
15. Coastal Fisheries Development Corporation (“COFIDEC”)
16. Danang Seaproducts Import-Export Corporation (SEADANANG)
17. Dong Do Profo., Ltd.
18. Dong Hai Seafood Limited Company
19. Dong Phuong Seafood Co., Ltd.
20. Duc Cuong Seafood Trading Co., Ltd.
21. Gallant Dachan Seafood Co., Ltd.
22. Gallant Ocean (Vietnam) Co., Ltd. also initiated as Gallant Ocean Viet Nam Co. Ltd.
23. Hanh An Trading Service Co., Ltd.
24. Hanoi Seaproducts Import & Export Joint Stock Corporation (Seaprodex Hanoi)
25. Hoa Trung Seafood Corporation (HSC)
26. Hoang Phuong Seafood Factory
27. HungHau Agricultural Joint Stock Company
28. Huynh Huong Seafood Processing
29. Huynh Huong Trading and Import-Export Joint Stock Company
30. JK Fish Co., Ltd.
31. Kaiyo Seafood Joint Stock Company
32. Khai Minh Trading Investment Corporation
33. Khanh Hoa Seafoods Exporting Company (KHASPEXCO)
34. Lam Son Import-Export Foodstuff Company Limited (Lamson Fimexco)
35. Long Toan Frozen Aquatic Products Joint Stock Company
36. Minh Bach Seafood Company Limited
37. Minh Cuong Seafood Import Export Processing Joint Stock Company (“MC Seafood”), also initiated as Minh Cuong Seafood Import-Export Processing (“MC Seafood”)
38. Minh Phu Seafood Corporation
39. My Son Seafoods Factory
40. Nam Hai Foodstuff and Export Company Ltd
41. Namcan Seaproducts Import Export Joint Stock Company (Seanamico)
42. New Wind Seafood Co., Ltd.
43. Nha Trang Fisheries Joint Stock Company, also initiated as Nha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”)
44. Nhat Duc Co., Ltd.
45. Nigico Co., Ltd.
46. Phu Cuong Jostoco Corp., also initiated as Phu Cuong Jostoco Seafood Corporation
47. Phu Minh Hung Seafood Joint Stock Company
48. Phuong Nam Foodstuff Corp., also initiated as Phuong Nam Foodstuff Corp., Ltd.
49. Quang Minh Seafood Co., Ltd.
50. Quoc Ai Seafood Processing Import Export Co., Ltd.
51. Quoc Toan Seafood Processing Factory (Quoc Toan PTE)
52. Quy Nhon Frozen Seafoods Joint Stock Company
53. Saigon Aquatic Product Trading Joint Stock Company (APT Co.)
54. Saigon Food Joint Stock Company
55. Seafood Joint Stock Company No.4
56. South Ha Tinh Seaproducts Import-Export Joint Stock Company
57. Special Aquatic Products Joint Stock Company (SEASPIMEX VIETNAM)
58. T & P Seafood Company Limited
59. Tai Nguyen Seafood Co., Ltd.
60. Tan Phong Phu Seafood Co., Ltd. (“TPP Co., Ltd.”) also initiated as Tan Phong Phu Seafood Co., Ltd. (TPP Co. Ltd.)
61. Tan Thanh Loi Frozen Food Co., Ltd.
62. Thien Phu Export Seafood Processing Company Limited
63. Thinh Hung Co., Ltd.
64. Trang Corporation (Vietnam)
65. Trang Khan Seafood Co., Ltd.
66. Viet Nam Seaproducts—Joint Stock Company
67. Viet Phu Foods and Fish Corp.
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[FR Doc. 2019-08135 Filed 4-19-19; 8:45 am]
BILLING CODE 3510-DS-P