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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]

Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Amended Final Results and Partial Final Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, Department of Commerce.
DATES: Effective Date:October 18, 2012.
FOR FURTHER INFORMATION CONTACT: Toni Dach, 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) 482-1655.
SUPPLEMENTARY INFORMATION:

Background

On September 11, 2012, the Department of Commerce (“Department”) published in theFederal Registerthe final results of the sixth administrative review of the antidumping duty order of frozen warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”).1

1 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review,77 FR 55800 (September 11, 2012) (“Final Results”).

On September 17, 2012, the Minh Phu Group,2 Phu Cuong Jostoco Seafood Corporation, Thuan Phuoc Seafoods and Trading Corporation, and UTXI Aquatic Products Processing Corporation, collectively referred to here as “Vietnamese Respondents,” filed timely allegations that the Department made various ministerial errors in theFinal Resultsand requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other parties in this proceeding submitted comments on the Department's final margin calculations.

2Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.

Based upon our analysis of the comments and allegations of ministerial errors, we made changes to the antidumping duty margin calculation for Minh Phu Group. Additionally, we made corrections to the exporter company names for the following: (1) UTXI Aquatic Products Processing Corporation; (2) Thuan Phuoc Seafoods and Trading Corporation; and (3) Phu Cuong Jostoco Seafood Corporation. Furthermore, as a result of correcting the clerical errors in the antidumping margin calculation for Minh Phu Group, the antidumping margin for the separate rate respondents was also revised because the separate rate margin was derived from the simple average of the margins of the Minh Phu Group and the Nha Trang Group.3

3Nha Trang Seaproduct Company, NT Seafoods Corporation, Nhatrang Seafoods—F89 Joint Stock Company, and NTSF Seafoods Joint Stock Company.

In thePreliminary Results, 4 pursuant to the withdrawal of the request for review of BIM Seafood Joint Stock Company (“BIM Seafood”), the Department preliminarily rescinded this review with respect to BIM Seafood. Subsequent to theFinal Results,the Department discovered that we had inadvertently failed to include the final rescission for BIM Seafood in theFinal Results.Therefore, we are also rescinding this review with respect to BIM Seafood.

4 See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Administrative Review,77 FR 13547 (March 7, 2012) (“Preliminary Results”).

Scope of the Order

For a full description of the products covered by the antidumping duty order on certain frozen warmwater shrimp from Vietnam,seeMemorandum to Paul Piquado, from Christian Marsh, regarding “Sixth Antidumping Administrative Review of Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Ministerial Error and Correction Memorandum,” dated concurrently with this notice (“Ministerial Errors and Correction Memo”).

Amended Final Results

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.”5 After analyzing the Vietnamese 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 our calculation of freight for the Minh Phu Group and certain typographical errors for various exporter company names.6

5 Seesection 751(h) of the Tariff Act of 1930, as amended (“the Act”).

6 SeeMinisterial Errors and Correction Memo.

Because we have revised the antidumping duty margin for Minh Phu Group, we are also revising the antidumping duty margin for the separate rate respondents because the separate rate margin for those companies was calculated as the simple average margin for Minh Phu Group and Nha Trang Group. In accordance with section 751(h) of the Act, we are amending the final results of the administrative review of certain frozen warmwater shrimp from Vietnam.

The dumping margins for the period of review for these amended final results are as follows:

Exporter Margin
  • (percent)
  • Minh Phu Group: 0.53 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. Minh Phu Seafood Pte aka Minh Phat aka Minh Qui Minh Phu Hau Giang Seafood Co., Ltd. Nha Trang Seafoods Group: 1.23 Nha Trang Seaproduct Company (“Nha Trang Seafoods”) aka Nha Trang Seafoods aka Nha Trang Seafood Product Company 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 Seafoods”) Amanda Foods (Vietnam) Limited (“Amanda Foods”) 0.88 Bac Lieu Fisheries Company Limited aka 0.88 Bac Lieu Fisheries Company Limited (“Bac Lieu”) aka Bac Lieu Fisheries Joint Stock Company aka Bac Lieu Fisheries Limited Company aka Bac Lieu Fisheries Company Limited aka Bac Lieu Fis Camau Frozen Seafood Processing Import Export Corporation (“CAMIMEX”) aka 0.88 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 Corporation (“CAMIMEX”) aka Camimex aka Camau Frozen Seafood Processing Import Export Corporation C.P. Vietnam Livestock Company Limited aka 0.88 C.P. Vietnam Livestock Corporation (“C.P. Vietnam”) aka C.P. Vietnam Livestock Corporation aka C.P. Vietnam Livestock Co. Ltd. Cadovimex Seafood Import-Export and Processing Joint Stock Company (“CADOVIMEX-VIETNAM”) aka 0.88 Cadovimex Seafood Import-Export and Processing Joint Stock Company aka Cadovimex-Vietnam aka Cadovimex aka Cai Doi Vam Seafood Import-Export Company 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. Cafatex Fishery Joint Stock Corporation (“Cafatex Corp.”) aka 0.88 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 Cam Ranh Seafoods Processing Enterprise Company (“Camranh Seafoods”) aka 0.88 Camranh Seafoods Can Tho Agricultural and Animal Products Import Export Company (“CATACO”) aka 0.88 CATACO Sole Member Limited Liability Company 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 Can Tho Import Export Fishery Limited Company (“CAFISH”) 0.88 Coastal Fishery Development aka 0.88 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. Cuulong Seaproducts Company (“Cuu Long Seapro”) aka 0.88 Cuu Long Seaproducts Limited (“Cuulong Seapro”) aka Cuulong Seapro aka Cuulong Seaproducts Company 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 Danang Seaproducts Import Export Corporation (“Seaprodex Danang”) aka 0.88 Danang Seaproducts Import Export Corporation aka Danang Seaproduct Import-Export Corporation aka Danang Seaproducts Import Export aka Danang Sea Products Import Export Corporation 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. Gallant Ocean (Vietnam) Co., Ltd. aka 0.88 Gallant Ocean (Quang Ngai) Co. Ltd. Viet I-Mei Frozen Foods Co., Ltd. aka 0.88 Viet I-Mei Frozen Foods Co. Ltd. aka Viet I-Mei aka Grobest & I-Mei Industrial (Vietnam) Co., Ltd. aka Grobest & I-Mei Industry (Vietnam) Co., Ltd. aka Grobest Investment Commerce Fisheries Corporation (“Incomfish”) aka 0.88 Incomfish aka Investment Commerce Fisheries Corp. aka Incomfish Corp. aka Incomfish Corporation aka Investment Commerce Fisheries aka Investment Commerce Fisheries Corporation aka Incomfish Corporation Kim Anh Company Limited (“Kim Anh”) 0.88 Minh Hai Export Frozen Seafood Processing Joint Stock Company aka 0.88 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 Company Minh Hai Joint-Stock Seafoods Processing Company (“Seaprodex Minh Hai”) aka 0.88 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 Minh Hai Sea Products Import Export Company (“Seaprimex Co”) aka 0.88 Ca Mau Seafood Joint Stock Company (“SEAPRIMEXCO”) aka Seaprimexco Vietnam aka Seaprimexco aka Seaprimex Co 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 Vietnam”) Ngoc Sinh Private Enterprise aka 0.88 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) Ngoc Tri Seafood Joint Stock Company 0.88 Nhat Duc Co., Ltd. aka 0.88 Nhat Duc Co., Ltd. (“Nhat Duc”) Nha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”) aka 0.88 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 Company (“Nha Trang Fisco”) aka Nha Trang Fisheries, Joint Stock aka Nha Trang Fishereies Joint Stock Company (Nha Trang Fisco) Phu Cuong Seafood Processing and Import-Export Co., Ltd. aka 0.88 Phu Cuong Seafood Processing and Import Export Company Limited aka Phu Cuong Jostoco Corp. aka Phu Cuong Jostoco Seafood Corporation Phuong Nam Co., Ltd. (“Phuong Nam”) aka 0.88 Western Seafood Processing and Exporting Factory (“Western Seafood”) aka Phuong Nam Foodstuff Corp. aka Phuong Nam Co. Ltd. Sao Ta Foods Joint Stock Company (“Fimex VN”) aka 0.88 Sao Ta Foods Joint Stock Company aka Fimex VN aka Sao Ta Seafood Factory aka Saota Seafood Factory Soc Trang Aquatic Products and General Import Export Company (“Stapimex”) aka 0.88 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 Thuan Phuoc Seafoods and Trading Corporation aka 0.88 Thuan Phuoc Corp. aka Frozen Seafoods Factory No. 32 aka Seafoods and Foodstuff Factory aka My Son Seafoods Factory aka Seafoods and Foodstuff Factory UTXI Aquatic Products Processing Company aka 0.88 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 Hoang Phong Seafood Factory aka UTXI Aquatic Products Processing Corporation (“UTXICO”) aka UTXI Aquatic Products Processing Corporation aka UTXICO Viet Foods Co., Ltd. aka 0.88 Nam Hai Foodstuff and Export Company Ltd. Viet Hai Seafood Co., Ltd. aka 0.88 Vietnam Fish One Co., Ltd. (“Fish One”) aka Viet Hai Seafoods Company Ltd. (“Vietnam Fish One Co. Ltd.”) Vietnam Clean Seafood Corporation aka 0.88 VINA Cleanfood Vietnam-wide Entity 25.76 Rescission of Review, In Part

    In thePreliminary Results,the Department preliminarily rescinded this review with respect to BIM Seafood because Domestic Producers7 withdrew their request for review of BIM Seafood.8 Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review. Therefore, as the withdrawal of the request for review of BIM Seafood was timely, we are rescinding this review with respect to BIM Seafood.

    7The Domestic Producers are the Ad Hoc Shrimp Trade Action Committee members: Nancy Edens; Papa Rod, Inc.; Carolina Seafoods; Bosarge Boats, Inc.; Knight's Seafood Inc.; Big Grapes, Inc.; Versaggi Shrimp Co.; and Craig Wallis.

    8 See Preliminary Results,77 FR at 13548.

    These amended final results and notice are issued and published in accordance with sections 751(h), and 777(i)(1) of the Act, and 19 CFR 351.224.

    Dated: October 5, 2012. Paul Piquado, Assistant Secretary for Import Administration.