[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60730-60731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24729]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 1, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on certain frozen warmwater shrimp (``shrimp'') from the
Socialist Republic of Vietnam (``Vietnam''), received on August 26,
2010, meets the statutory and regulatory requirements for initiation.
The period of review (``POR'') for this NSR is February 1, 2010-July
31, 2010.
FOR FURTHER INFORMATION CONTACT: 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: 202-482-0413.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on shrimp from
Vietnam was published in the Federal Register on February 1, 2005.\1\
On August 26, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (``Act''), and section 351.214(c) of the
Department's regulations, the Department received a NSR request from
Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd.
(``Quoc Viet''). Quoc Viet's request was properly made during August
2010, which is the semi-annual anniversary of the Order. Quoc Viet
certified that it is a producer and exporter of the subject merchandise
upon which the request was based.
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (``Order'').
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and section
351.214(b)(2)(i) of the Department's regulations, Quoc Viet
[[Page 60731]]
certified that it did not export subject merchandise to the United
States during the period of investigation (``POI''). In addition,
pursuant to section 751(a)(2)(B)(i)(II) of the Act and section
351.214(b)(2)(iii)(A) of the Department's regulations, Quoc Viet
certified that, since the initiation of the investigation, it has never
been affiliated with any Vietnamese exporter or producer who exported
subject merchandise to the United States during the POI, including
those respondents not individually examined during the investigation.
As required by section 351.214(b)(2)(iii)(B) of the Department's
regulations, Quoc Viet also certified that its export activities were
not controlled by the central government of Vietnam.
In addition to the certifications described above, pursuant to
section 351.214(b)(2)(iv) of the Department's regulations, Quoc Viet
submitted documentation establishing the following: (1) The date on
which Quoc Viet first shipped subject merchandise for export to the
United States and; (2) the volume of its first shipment; and (3) the
date of its first sale to an unaffiliated customer in the United
States.\2\
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\2\ See also ``Memorandum to the File, through Scot T.
Fullerton, Program Manager, ``Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Placing CBP data on the record,''
dated concurrently with this notice.
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and section
351.214(d)(1) of the Department's regulations, we find that the request
submitted by Quoc Viet meets the threshold requirements for initiation
of a NSR for shipments of shrimp from Vietnam produced and exported by
Quoc Viet.\3\ The POR is February 1, 2010-July 31, 2010.\4\ The
Department intends to issue the preliminary results of this NSR no
later than 180 days from the date of initiation, and the final results
no later than 270 days from the date of initiation.\5\
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\3\ See ``Memorandum to the File, through Scot T. Fullerton,
Program Manager, ``Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: New Shipper Initiation Checklist,''
dated concurrently with this notice.
\4\ See section 351.214(g)(1)(i)(B) of the Department's
regulations.
\5\ See section 751(a)(2)(B)(iv) of the Act.
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It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the NME entity-
wide rate provide evidence of de jure and de facto absence of
government control over the company's export activities. Accordingly,
we will issue questionnaires to Quoc Viet, which will include a section
requesting information with regard to Quoc Viet's export activities for
separate rate purposes. The NSR will proceed if the response provides
sufficient indication that Quoc Viet is not subject to either de jure
or de facto government control with respect to its export of subject
merchandise.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Quoc Viet in accordance with section
751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department's
regulations. Because Quoc Viet certified that it both produced and
exported the subject merchandise, the sale of which is the basis for
this new shipper review request, we will apply the bonding privilege to
Quoc Viet only for subject merchandise which Quoc Viet both produced
and exported.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with sections 351.305 and 351.306 of the
Department's regulations.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and sections 351.214 and 351.221(c)(1)(i) of
the Department's regulations.
Dated: September 20, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-24729 Filed 9-30-10; 8:45 am]
BILLING CODE 3510-DS-P