[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4544-4546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01599]


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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 
Reviews; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
new shipper reviews of the antidumping duty order on certain frozen 
fish fillets (``fish fillets'') from the Socialist Republic of Vietnam 
(``Vietnam''). The period of review is August 1, 2013, through January 
31, 2014. The review covers two companies that are producers and 
exporters of subject merchandise, Nam Phuong Seafood Co., Ltd. (``Nam 
Phuong'') and NTACO Corporation (``NTACO''). The Department 
preliminarily determines that Nam Phuong's and NTACO's sales to the 
United States were not bona fide and is preliminarily rescinding these 
new shipper reviews. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: January 28, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Nam Phuong) or Steven 
Hampton (NTACO), 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) 482-2312 or (202) 482-0116, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 2014, the Department published notice of initiation of 
new shipper reviews of fish fillets from Vietnam for the period August 
1, 2013, through January 31, 2014.\1\ On August 20, 2014, the 
Department partially extended the deadline for issuing the preliminary 
results by 60 days.\2\ On October 29, 2014, the Department fully 
extended the deadline for issuing the preliminary results by an 
additional 60 days.\3\ The revised deadline for the preliminary results 
of these new shipper reviews is January 20, 2015.\4\
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Initiation of Antidumping Duty New Shipper Reviews; 
2013-2014, 79 FR 18666 (April 3, 2014).
    \2\ 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, from Steven Hampton, International Trade Compliance 
Analyst, 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 
Antidumping Duty New Shipper Reviews of Nam Phuong Seafood Co., Ltd. 
and NTACO Corporation, dated August 20, 2014.
    \3\ 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 Steven Hampton, International 
Trade Compliance Analyst, Office V, Antidumping and Countervailing 
Duty Operations regarding Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Full Extension of Deadline for 
Preliminary Results of Antidumping Duty New Shipper Reviews of Nam 
Phuong Seafood Co., Ltd. and NTACO Corporation, dated October 29, 
2014.
    \4\ Id.
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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 Reviews: Certain Frozen Fish Fillets 
From the Socialist's Republic of Vietnam'' from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated January 20, 2015 
(``Preliminary Decision Memorandum''), which is hereby adopted by 
this notice, for a complete description of the Scope of the Order.

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[[Page 4545]]

Methodology

    The Department is conducting 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 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 
(``ACCESS'').\7\ ACCESS is available to registered users at http://access.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.
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    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of its centralized electronic service system to 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 
centralized electronic service system to ACCESS in the Department's 
regulations can be found at 79 FR 69046 (November 20, 2014).
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Bona Fides Analysis

    As discussed in the bona fides memos, the Department preliminarily 
finds that the sales by Nam Phuong and NTACO are not bona fide, and 
that these sales do not provide a reasonable or reliable basis for 
calculating dumping margins.\8\ With respect to Nam Phuong, the 
Department reached this conclusion based on the totality of 
circumstances, namely: (a) The atypical nature of Nam Phuong's price; 
(b) the atypical involvement of other entities in the sale; (c) 
atypical circumstances surrounding production; and (d) late payment. 
With respect to NTACO, the Department reached this conclusion based on 
the totality of circumstances, namely: (a) The atypical nature of 
NTACO's price; (b) the atypical involvement of another entity in the 
sale; (c) atypical circumstances surrounding production; and (d) late 
payment. Because these non-bona fide sales were the only sales of 
subject merchandise that Nam Phuong and NTACO made during the POR, the 
Department is preliminarily rescinding these new shipper reviews.
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    \8\ See Memorandum to James C. Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Scot T. 
Fullerton, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, From Matthew Renkey, Senior International Trade 
Compliance Analyst, Office V, titled ``New Shipper Review of Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Bona 
Fide Nature of Nam Phuong Seafood Co., Ltd.'s Sale,'' dated 
concurrently and hereby adopted by this notice; Memorandum to James 
C. Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations, through Scot T. Fullerton, Program Manager, Office V, 
Antidumping and Countervailing Duty Operations, from Steven Hampton, 
International Trade Compliance Analyst, Office V, titled ``New 
Shipper Review of Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Bona Fide Nature of NTACO Corporation's Sale,'' 
dated concurrently and hereby adopted by this notice.
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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 these reviews. Interested parties may submit case briefs no 
later than 30 days after the date of publication of the preliminary 
results.\10\ Rebuttal briefs, limited to issues raised in case 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 http://enforcement.trade.gov/download/access/home.html.
    \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 these new 
shipper reviews, 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 U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. If we proceed to a final rescission of these new shipper 
reviews, Nam Phuong's and NTACO's entries will be assessed at the rate 
entered.\14\ If we do not proceed to a final rescission of these new 
shipper reviews, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer) assessment rates on a per unit 
basis.\15\ We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by these reviews if any importer-specific 
assessment rate calculated in the final results of these reviews 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 in the Federal Register. The final results of these reviews 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of these reviews and for 
future deposits of estimated duties, where applicable.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of these new shipper reviews, 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 Nam Phuong 
and NTACO. If the Department proceeds to a final rescission of these 
new shipper reviews, the cash deposit rate will continue to be the per-
unit Vietnam-wide rate for Nam Phuong and NTACO because the Department 
will not have determined an individual margin of dumping for Nam Phuong 
and NTACO. If the Department issues final results for these new shipper 
reviews, 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

[[Page 4546]]

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: January 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Conclusion

[FR Doc. 2015-01599 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P