[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40710-40712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16422]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Preliminary Intent To Rescind Antidumping Duty New Shipper 
Review; 2012-2013

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on certain 
frozen fish fillets from the Socialist Republic of Vietnam 
(``Vietnam''). The period of review (``POR'') is August 1, 2012, 
through July 31, 2013. The review covers one producer and exporter of 
subject merchandise, Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen 
Seafood Processing Import Export Co., Ltd. (``Thanh Hung''). The 
Department preliminarily determines that Thanh Hung's sale to the 
United States was not bona fide and is preliminarily rescinding this 
NSR. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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-
4031.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2013, the Department initiated an NSR of fish 
fillets from Vietnam for the period August 1, 2012, through July 31, 
2013.\1\ 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,

[[Page 40711]]

through October 16, 2013.\2\ On March 19, 2014, the Department extended 
the time period for issuing the preliminary results by 71 days.\3\ On 
June 11, 2014, the Department partially extended the deadline for 
issuing the preliminary results by 14 days.\4\ The revised deadline for 
the preliminary results of this new shipper review is now July 2, 2014.
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Initiation of Antidumping Duty New Shipper Review, 78 FR 
59915 (September 30, 2013).
    \2\ See Memorandum to the File, ``Frontseating Service Valves 
From the People's Republic of China: Tolling of Deadlines for 
Shutdown of the Federal Government,'' dated October 22, 2013.
    \3\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations from Susan 
Pulongbarit, International Trade Compliance Analyst, Antidumping and 
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Extension of Deadline for 
Preliminary Results of Antidumping Duty New Shipper Review of Thanh 
Hung Co., Ltd. dated March 19, 2014.
    \4\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations from Susan 
Pulongbarit, International Trade Compliance Analyst, Antidumping and 
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Extension of Deadline for 
Preliminary Results of Antidumping Duty New Shipper Review of Thanh 
Hung Co., Ltd. dated June 11, 2014.
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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'').\5\ 
Although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.\6\
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    \5\ 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.
    \6\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets 
from the Socialist's Republic of Vietnam'' from Gary Taverman, 
Senior Advisor for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated June 18, 2014 (``Preliminary Decision 
Memorandum'') and hereby adopted by this notice, for a complete 
description of the Scope of the Order.
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Methodology

    The Department conducted these reviews in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Appendix accompanying this notice and 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 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://www.trade.gov/enforcement/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Bona Fide Analysis

    As discussed in the bona fide memo, the Department preliminarily 
finds that the sale by Thanh Hung is not a bona fide sale and that the 
sale does not provide a reasonable or reliable basis for calculating a 
dumping margin.\7\ Specifically, the Department reached this conclusion 
based on the totality of circumstances, namely: (a) The atypical nature 
of Thanh Hung's price and quantity; (b) extraordinary expenses arising 
from the transaction; (c) the importer's regular commercial interest; 
(d) atypical circumstances surrounding production; and (e) unreported 
connections to other entities.\8\ Because this non-bona fide sale was 
the only sale of subject merchandise during the POR, the Department is 
preliminarily rescinding the NSR.
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    \7\ See Memorandum to James Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Scot T. 
Fullerton, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, from Susan Pulongbarit, International Trade 
Analyst, titled ``New Shipper Review of Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Bona Fide Nature of Thanh 
Hung Co., Ltd.'s Sale,'' dated concurrently and hereby adopted by 
this notice.
    \8\ See id.
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Disclosure and Public Comments

    The Department will disclose analysis performed to parties to the 
proceeding within five days after the date of publication of this 
notice.\9\
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    \9\ See 19 CFR 351.224(b).
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    Interested parties are invited to comment on the preliminary 
results of this review. Interested parties may submit case briefs no 
later than 30 days after the date of publication of the preliminary 
results of review.\10\ Rebuttal briefs, limited to issues raised in 
such briefs, may be filed no later than five days after the time limit 
for filing the case briefs.\11\
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    \10\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written 
comments must submit them pursuant to the Department's e-filing 
regulations. See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
    \11\ See 19 CFR 351.309(d)(1)-(2).
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    Any interested party may request a hearing within 30 days of 
publication of the preliminary results in the Federal Register.\12\ 
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, 
1401 Constitution Avenue NW., Washington, DC 20230.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in all 
comments and at any hearing, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and CBP shall assess, 
antidumping duties on all appropriate entries. If we proceed to a final 
rescission of this NSR, Thanh Hung's entry will be assessed at the rate 
entered.\14\ If we do not proceed to a final rescission of this NSR, 
pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific 
(or customer) assessment rates on a per unit basis.\15\

[[Page 40712]]

We will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review if any importer-specific assessment rate 
calculated in the final results of this review is above de minimis.\16\
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    \14\ See 19 CFR 351.212(c).
    \15\ In the third administrative review, 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).
    \16\ See 19 CFR 351.106(c)(2).
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    In either case, the Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Thanh Hung. If the Department 
proceeds to a final rescission of this NSR, the cash deposit rate will 
continue to be the per-unit Vietnam-wide rate for Thanh Hung because 
the Department will not have determined an individual margin of dumping 
for Thanh Hung. If the Department issues final results for this NSR, 
the Department will instruct CBP to collect cash deposits, effective 
upon the publication of the final results, at the rates established 
therein.

Notification to Interested Parties

    This notice 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 this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(2)(B) 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. Background
2. Scope of the Order
3. Bona Fides Analysis

[FR Doc. 2014-16422 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P