[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71748-71749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28459]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Rescission of Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Rescission for the new shipper review (``NSR'') of the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam'') on July 14, 2014.\1\ The 
period of review (``POR'') is August 1, 2012, through July 31, 2013. As 
discussed below, we preliminarily found that Thanh Hung Co., Ltd. D/B/A 
Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.'s (``Thanh 
Hung'') sale was non-bona fide, and announced our preliminary intent to 
rescind Thanh Hung's NSR. For the final results of this review, we 
continue to find Thanh Hung's sale to be non-bona fide. Therefore, 
because there were no other shipments or entries by Thanh Hung during 
the POR, we are rescinding this NSR.
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Preliminary Intent To Rescind Antidumping Duty New 
Shipper Review; 2012-2013, 79 FR 40710 (July 14, 2014) 
(``Preliminary Rescission'').

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DATES: Effective Date: December 3, 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

    As noted above, on July 14, 2014, the Department published the 
Preliminary Rescission of this NSR. Thereafter, the Department extended 
the time period for issuing the final results to December 1, 2014.\2\ 
On October 2, 2014, the Department received a case brief from Thanh 
Hung.\3\ On October 6, 2014, the Department received a rebuttal brief 
from the Catfish Farmers of America and individual U.S. catfish 
processors (``Petitioners'').\4\ On November 13, 2014,

[[Page 71749]]

the Department conducted a public hearing regarding the NSR.
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    \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations, from Susan S. Pulongbarit, Sr. 
International Trade Analyst, Office V, Antidumping and 
Countervailing Duty Operations, regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Extension of 
Deadline for Final Results of Antidumping Duty New Shipper Review of 
Thanh Hung Co., Ltd., dated September 18, 2014.
    \3\ See Letter from Thanh Hung to the Department regarding 
Refile & Redacted Direct Case Brief: New Shipper Review of Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Review 
Period--8/1/12-7/31/13, dated October 2, 2014 (``Thanh Hung Case 
Brief''). We note that this is a refiled and redacted case brief. 
See Memo to File, from Susan Pulongbarit, Sr. International Trade 
Analyst, regarding New Shipper Review of Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: New Factual Information, 
dated October 3, 2014.
    \4\ See Letter from Petitioners to the Department regarding 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Rebuttal Brief, dated October 6, 2014 (``Petitioners Rebuttal 
Brief'').
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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.
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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.
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    For a full description of the scope, see ``Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Issues and Decision 
Memorandum for the Final Results of New Shipper Review,'' dated 
concurrently with this notice (``I&D Memo'').

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the I&D Memo, which is hereby adopted by this Notice. A 
list of the issues which parties raised is attached to this notice as 
an Appendix. The I&D Memo is a public document and is on file in the 
Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building, as well as electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``ACCESS'').\6\ ACCESS is available to registered users 
at http://access.trade.gov and in the CRU. In addition, a complete 
version of the I&D Memo can be accessed directly on the Internet at 
http://trade.gov/enforcement/frn/index.html. The signed I&D Memo and 
the electronic versions of the I&D Memo are identical in content.
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    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046.
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Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Thanh Hung's sale and preliminarily found it to be non-bona 
fide.\7\ Based on the Department's complete analysis of all the 
information and comments on the record of this review regarding the 
bona fides of Thanh Hung's NSR sale, the Department continues to find 
Thanh Hung's sale to be non-bona fide because of (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\ The Department did not 
base its analysis on any one factor but instead examined the totality 
of the evidence and comments on the record of this review to determine 
that Thanh Hung's sale was not bona fide.
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    \7\ 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.
    \8\ Id.
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Rescission of New Shipper Review

    For the foregoing reasons, the Department finds that the sale of 
Thanh Hung is non-bona fide and that this sale does not provide a 
reasonable or reliable basis for calculating a dumping margin. Because 
a non-bona fide sale was the only sale of subject merchandise during 
the POR, the Department is rescinding this NSR pursuant to section 
351.214(f) of the Department's regulations.

Cash Deposit Rates

    The following cash deposit requirements continue to apply for all 
shipment of subject merchandise from Thanh Hung entered, or withdrawn 
from warehouse: (1) For subject merchandise produced and exported by 
Thanh Hung, the cash deposit rate will continue to be the Vietnam-wide 
rate (i.e., 2.39 U.S. Dollars/kg); (2) for subject merchandise exported 
by Thanh Hung but not manufactured by Thanh Hung, the cash deposit rate 
will continue to be the Vietnam-wide rate (i.e., 2.39 U.S. Dollars/kg); 
and (3) for subject merchandise manufactured by Thanh Hung, but 
exported by any other party, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this new shipper review and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 
1930, as amended, and 19 CFR 351.214.

    Dated: November 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment: Bona Fide Nature of the Sale Under Review
Recommendation

[FR Doc. 2014-28459 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P