[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16384-16385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6881]
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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: March 23, 2011.
SUMMARY: The Department of Commerce (the ``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 February 28,
2011, meets the statutory and regulatory requirements for initiation.
The period of review (``POR'') for this NSR is February 1, 2010-January
31, 2011.
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 February 28, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (the ``Act''), and section 351.214(c) of the
Department's regulations, the Department received a NSR request from
Thong Thuan Seafood Co., Ltd. (``Thong Thuan''). Thong Thuan 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, Thong Thuan 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, Thong Thuan certified that, since the
initiation of the investigation, it has never been affiliated with any
Vietnamese exporter or producer who
[[Page 16385]]
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, Thong Thuan 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, Thong Thuan
submitted documentation establishing the following: (1) The date on
which Thong Thuan 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, from Paul Walker, Acting
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 Thong Thuan meets the threshold requirements for
initiation of a NSR for shipments of shrimp from Vietnam produced and
exported by Thong Thuan.\3\ The POR is February 1, 2010--January 31,
2011.\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, from Paul Walker, Acting
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 Thong Thuan, which will include a
section requesting information with regard to Thong Thuan's export
activities for separate rate purposes. The NSR will proceed if the
response provides sufficient indication that Thong Thuan 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 Thong Thuan in accordance with section
751(a)(2)(B)(iii) of the Act and section 351.214(e) of the Department's
regulations. Because Thong Thuan 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
Thong Thuan only for subject merchandise which Thong Thuan 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: March 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-6881 Filed 3-22-11; 8:45 am]
BILLING CODE 3510-DS-P