According to the preliminary results of the second five-year sunset review of the antidumping duty order (AD Order) released on September 9, the Department of Commerce (DOC) on March 1, 2016 initiated the second sunset review of certain frozen warm water shrimp from Vietnam.
The department found that revoking the AD Order would be likely to lead to recurrence of dumping at the levels indicated in the "Preliminary Results of Review" section of the notice.
Vietnam's respondents said that they continue to ship at levels comparable to levels before the AD Order was imposed, according to the review.
The respondents each would have received de minimis margins in every review since the last sunset review if zeroing of negative dumping margins had not been applied, before or after the department adopted its differential pricing methodology.
Respondents expected the actual, non-zeroed margins to remain de minimis upon revocation, because the companies were able to sell at high volumes without dumping while the order was in place.
Meanwhile, the department examined the International Trade Commission (ITC) Dataweb data on the record of imports of the merchandise for the period before and after the AD Order was issued.
The y showed that while import volumes fluctuated following the AD Order, they have more recently remained at the same or higher volumes than pre-order import volumes.
Given the continued existence of margins calculated without zeroing in the eighth and ninth administrative reviews, completed since the 2011 Continuation Order, it is unlikely that respondents would be able to sell at pre-order volumes without dumping.
In addition, respondents argued that the margin likely to prevail was de minimis because the respondents would have received de minimis margins in every review conducted since the last sunset review if the department had not used zeroing in its calculations.
The department said with the exception of the last three most-recently completed administrative reviews, the department used average-to-average comparisons, along with zeroing, for each segment under the AD Order.
However, the Vietnam-wide rate, which has remained unchanged since the underlying investigation, was based on adverse facts available, the department said.
This adverse facts available rate was based on the petition and, therefore, did not include zeroing and is consistent with the Final Modification for Reviews. Thus, the DOC found that it has appropriated to provide the lTC the margin of 25.76 percent from the original investigation, which was based on adverse facts available, and not on the use of average-to-average comparisons with zeroing, as the rate up to which dumping is likely to continue or recur.
The final results of the second five-year sunset review are scheduled to be issued in January 2017.