[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40059-40062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16311]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Preliminary Results of the Antidumping Duty Administrative 
Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the

[[Page 40060]]

tenth administrative review of the antidumping duty order on certain 
frozen fish fillets (``fish fillets'') from the Socialist Republic of 
Vietnam (``Vietnam'').\1\ The Department preliminarily determines that 
the Hung Vuong Group (``HVG'') \2\ sold subject merchandise in the 
United States at prices below normal value (``NV'') during the period 
of review (``POR'') August 1, 2012, through July 31, 2013. With respect 
to Anvifish Joint Stock Company (``Anvifish''), this exporter failed to 
establish that it is separate from the Vietnam-wide entity. As a 
result, the Vietnam-wide entity is now under review.\3\ We are 
preliminarily applying adverse facts available (``AFA'') to the 
Vietnam-wide entity because an element of the entity, Anvifish, failed 
to act to the best of its ability in complying with the Department's 
request for information in this review within the established 
deadlines, significantly impeded the proceeding, and provided 
information that cannot be verified. If these preliminary results are 
adopted in the final results, the Department will instruct U.S. Customs 
and Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries of subject merchandise during the POR. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (``Order'').
    \2\ The Department previously found that An Giang Fisheries 
Import & Export Joint Stock Company (``Agifish'') is a member of the 
Hung Vuong Group, which also includes Asia Pangasius Company 
Limited, Europe Joint Stock Company, Hung Vuong Joint Stock Company, 
Hung Vuong Mascato Company Limited, Hung Vuong--Vinh Long Co., Ltd., 
and Hung Vuong--Sa Dec Co., Ltd. See Certain Frozen Fish Fillets 
From the Socialist Republic of Vietnam: Final Results of the 
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014).
    \3\ On November 4, 2013, the Department announced a change in 
practice with respect to the conditional review of the NME entity. 
See Antidumping Proceedings; Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Proceedings, 78 FR 65963 (Nov. 4, 2013). This review 
initiated before this change in practice became effective; 
therefore, the Department's new practice does not apply to this 
segment.

---------------------------------------------------------------------------
DATES: Effective Date: July 11, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 
or 202-482-0116, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 2, 2013, the Department initiated the tenth 
administrative review of the antidumping duty order on fish fillets 
from Vietnam for the period August 1, 2012, through July 31, 2013.\4\ 
As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1 through October 16, 2013.\5\ On March 26, 
2014, the Department partially extended the deadline for issuing the 
preliminary results by 30 days.\6\ On June 11, 2014, the Department 
partially extended the deadline for issuing the preliminary results by 
14 days.\7\ The revised deadline for the preliminary results of this 
administrative is now July 2, 2014.
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
60834 (October 2, 2013) (``Initiation Notice''). On November 8, 
2013, the Department published a second notice to list two companies 
that were inadvertently omitted from the Initiation Notice. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 78 FR 67104 (November 8, 
2013).
    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \6\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations regarding ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Extension of Deadline for Preliminary 
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated 
March 26, 2014.
    \7\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations regarding ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Extension of Deadline for Preliminary 
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated 
June 11, 2014.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius bocourti, Pangasius 
hypophthalmus (also known as Pangasius pangasius), and Pangasius 
micronemus. These products are classifiable under tariff article codes 
0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 
1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 
1604.19.5000, 1604.19.5100, 1604.19.6100, and 1604.19.8100 (Frozen Fish 
Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\8\ 
Although the HTSUS subheading is provided for convenience and Customs 
purposes, our written description of the scope of the order is 
dispositive.\9\
---------------------------------------------------------------------------

    \8\ Until July 1, 2004, these products were classifiable under 
HTSUS 0304.20.6030 (Frozen Catfish Fillets), 0304.20.6096 (Frozen 
Fish Fillets, NESOI), 0304.20.6043 (Frozen Freshwater Fish Fillets), 
and 0304.20.6057 (Frozen Sole Fillets). Until February 1, 2007, 
these products were classifiable under HTSUS 0304.20.6033 (Frozen 
Fish Fillets of the species Pangasius, including basa and tra). On 
March 2, 2011, the Department added two HTSUS numbers at the request 
of U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and 
1604.19.3000. On January 30, 2012, the Department added eight HTSUS 
numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 
1604.19.6100, and 1604.19.8100.
    \9\ See ``Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Decision Memorandum for the Preliminary Results 
of the 2012-2013 Antidumping Duty Administrative Review,'' dated 
concurrently with and hereby adopted by this notice (``Preliminary 
Decision Memorandum''), for a complete description of the Scope of 
the Order.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    On December 11, 2013, the following companies filed no-shipment 
certifications indicating that they did not export subject merchandise 
to the United States during the POR: An Giang Agriculture and Food 
Import-Export Joint Stock Company; Golden Quality Seafood Corporation; 
Hoa Phat Seafood Import-Export and Processing J.S.C.; and To Chau Joint 
Stock Company. Based on the certifications submitted by the above 
companies, and our analysis of the CBP information, we preliminarily 
determine that An Giang Agriculture and Food Import-Export Joint Stock 
Company, Golden Quality Seafood Corporation, Hoa Phat Seafood Import-
Export and Processing J.S.C., and To Chau Joint Stock Company \10\ did 
not have any reviewable transactions during the POR. The Department 
finds that consistent with its practice in non-market economy (``NME'') 
cases, it is appropriate not to rescind the review in part in this 
circumstance but, rather, to complete the review with respect to the 
above named companies and issue appropriate instructions to CBP based 
on the final results of the review.\11\
---------------------------------------------------------------------------

    \10\ See Memorandum to the File through Scot T. Fullerton, 
Program Manager, Office V, Enforcement and Compliance, through 
Steven Hampton, International Trade Compliance Analyst, Office V, 
Enforcement and Compliance, regarding ``2012-2013 Administrative 
Review of Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam,'' dated February 28, 2014.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).

---------------------------------------------------------------------------

[[Page 40061]]

Methodology

    The Department conducted this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended 
(``the Act''). Constructed export prices and export prices have been 
calculated in accordance with section 772 of the Act. Because Vietnam 
is an NME within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, room 7046 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 versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period August 1, 2012, 
through July 31, 2013:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                         margin (dollars/
                                                        kilogram) \12\
------------------------------------------------------------------------
Hung Vuong Group \13\...............................                0.58
An Giang Agriculture and Food Import-Export Joint                    (*)
 Stock Company......................................
Asia Commerce Fisheries Joint Stock Company.........                0.58
Binh An Seafood Joint Stock Company.................                0.58
Cadovimex II Seafood Import-Export and Processing                   0.58
 Joint Stock Company................................
Can Tho Import-Export Joint Stock Company...........                0.58
C.P. Vietnam Corporation............................                0.58
Cuu Long Fish Joint Stock Company...................                0.58
Dai Thanh Seafoods Company Limited..................                0.58
Fatifish Company Limited............................                0.58
GODACO Seafood Joint Stock Company..................                0.58
Golden Quality Seafood Corporation..................                 (*)
Hiep Thanh Seafood Joint Stock Company..............                0.58
Hoang Long Seafood Processing Company Limited.......                0.58
Hoa Phat Seafood Import-Export and Processing J.S.C.                 (*)
International Development and Investment Corporation                0.58
Nam Viet Corporation................................                0.58
Ngoc Ha Co., Ltd. Foods Processing and Trading......                0.58
NTSF Seafoods Joint Stock Company...................                0.58
Quang Minh Seafood Company Limited..................                0.58
QVD Food Company Ltd.\14\...........................                0.58
Saigon-Mekong Fishery Co., Ltd......................                0.58
Southern Fisheries Industries Company Ltd...........                0.58
TG Fishery Holdings Corporation.....................                0.58
Thien Ma Seafood Company Limited....................                0.58
Thuan An Production Trading and Services Co., Ltd...                0.58
To Chau Joint Stock Company.........................                 (*)
Vinh Quang Fisheries Joint-Stock Company............                0.58
Vietnam-Wide Rate \15\..............................                2.39
------------------------------------------------------------------------
* No Shipments or sales to this review, and the firm has an individual
  rate from a prior segment of the proceeding in which the firm had
  shipments or sales.

Disclosure, Public Comment & Opportunity To Request a Hearing

    The Department will disclose  the calculations  used in our 
analysis to parties in this review  within five days of the date of 
publication of this notice in  accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \12\ In the third administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. See Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Final Results 
of Antidumping Duty Administrative Review and Partial Rescission, 73 
FR 15479 (March 24, 2008).
    \13\ This rate is applicable to the Hung Vuong Group, which 
includes: An Giang Fisheries Import and Export Joint Stock Company, 
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung 
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung 
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
    \14\ This rate is also applicable to QVD Dong Thap Food Co., 
Ltd. (``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the 
second review of this order, the Department found QVD, Dong Thap and 
THUFICO to be a single entity, and because there has been no 
evidence submitted on the record of this review that calls this 
determination into question, we continue to find these companies to 
be part of a single entity. Therefore, we will assign this rate to 
the companies in the single entity. See Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Preliminary Results of 
Antidumping Duty Administrative Review, 71 FR 53387 (September 11, 
2006).
    \15\ The Vietnam-wide rate includes the following companies 
which are under review, but which did not submit a separate rate 
application or certification: East Seafoods Limited Liability 
Company and Anvifish Joint Stock Company.
---------------------------------------------------------------------------

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\16\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\17\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c)

[[Page 40062]]

a table of authorities.\18\ Parties submitting briefs should do so 
pursuant to the Department's electronic filing system, IA ACCESS.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d)(1)-(2).
    \18\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\19\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\20\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\21\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department 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 to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where 
an importer- (or customer-) specific ad valorem rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\22\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\23\ For the respondents that were not 
selected for individual examination in this administrative review and 
that qualified for a separate rate, the assessment rate will be the 
rate calculated for HVG.\24\ We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the Vietnam-wide 
entity at the Vietnam-wide rate.
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.212(b)(1).
    \23\ See 19 CFR 351.106(c)(2).
    \24\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The Department refined its assessment practice in NME cases. 
Pursuant to this refinement in practice, for entries that were not 
reported in the U.S. sales databases submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the Vietnam-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the Vietnam-wide rate.\25\
---------------------------------------------------------------------------

    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 
that 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 that for the Vietnam -wide entity; 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market Economy Country Status
5. Separate Rates
6. Vietnam-Wide Entity
7. Surrogate Country
8. Determination of Comparison Method
9. Results of Differential Pricing Analysis
10. Comparisons to Normal Value
11. U.S. Price
12. Normal Value
13. Factor Valuations
14. Currency Conversion

[FR Doc. 2014-16311 Filed 7-10-14; 8:45 am]
BILLING CODE 3510-DS-P