[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36970-36971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15894]


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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 Reviews; 2013-2014

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Rescission for two new shipper reviews (``NSRs'') of the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam'') on January 28, 2015.\1\ The 
period of review (``POR'') is August 1, 2013, through January 31, 2014. 
As discussed below, we preliminarily found that the sales made by Nam 
Phuong Seafood Co., Ltd. (``Nam Phuong'') and NTACO Corporation 
(``NTACO'') were non-bona fide, and announced our preliminary intent to 
rescind their NSRs. For the final results of this review, we continue 
to find Nam Phuong's and NTACO's sales to be non-bona fide. Therefore, 
we are rescinding these two NSRs.
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Preliminary Intent To Rescind Antidumping Duty New 
Shipper Reviews; 2013-2014, 80 FR 4544 (January 28, 2015) 
(``Preliminary Rescission'').

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DATES: Effective date June 29, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Nam Phuong) or Susan 
Pulongbarit (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) 482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    As noted above, on January 28, 2015, the Department published the 
Preliminary Rescission of these NSRs. Thereafter, the Department 
extended the time period for issuing the final results to June 19, 
2015.\2\ On February 27, 2015, the Department received case briefs from 
Nam Phuong and NTACO. On March 12, 2015, the Department received 
rebuttal briefs from the Catfish Farmers of America and individual U.S. 
catfish processors (``Petitioners'').
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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, Senior 
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 Reviews 
of Nam Phuong Seafood Co., Ltd. and NTACO Corporation, dated April 
6, 2015.
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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'').\3\ 
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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    \3\ 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.\4\ 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 B8024 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''). 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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    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement & Compliance, from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Issues and Decision Memorandum for the Final Results 
of Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam,'' dated June 19, 2015.
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Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of

[[Page 36971]]

Nam Phuong's and NTACO's sales and preliminarily found them to be non-
bona fide.\5\ Based on the Department's complete analysis of all the 
information and comments on the record of this review, the Department 
continues to find their sales to be non-bona fide. With respect to both 
Nam Phuong and NTACO, the Department reached this conclusion based on 
the totality of circumstances, namely: (a) The atypical nature of their 
prices; (b) the atypical involvement of other entities in the sale; (c) 
atypical circumstances surrounding production; (d) late payment; and 
(e) lack of profit on the resale of subject merchandise.\6\ For a 
complete discussion, see the I&D Memo and each company's Final Bona 
Fide Memorandum.\7\
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    \5\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets 
from the Socialist 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''), and hereby adopted by this 
notice.
    \6\ See I&D Memo.
    \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 Matthew Renkey, Senior International Trade 
Analyst ``New Shipper Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Final Analysis for the Bona Fide 
Nature of Nam Phuong Seafood Co., Ltd.'s Sale,'' dated June 19, 
2015; see also 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, Senior International Trade 
Analyst ``New Shipper Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Final Analysis for the Bona Fide 
Nature of NTACO Corporations's Sale,'' dated June 19, 2015.
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Rescission of New Shipper Review

    For the foregoing reasons, the Department finds that Nam Phuong's 
and NTACO's sales are non-bona fide and that these sales do not provide 
a reasonable or reliable basis for calculating a dumping margin. 
Because these non-bona fide sales were the only sales of subject 
merchandise during the POR, the Department is rescinding this NSR 
pursuant to section 19 CFR 351.214(f).

Cash Deposit Rates

    The following cash deposit requirements continue to apply for all 
shipment of subject merchandise from Nam Phuong and NTACO entered, or 
withdrawn from warehouse: (1) For subject merchandise produced and 
exported by Nam Phuong or NTACO, 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 Nam Phuong or NTACO but not manufactured by Nam 
Phuong or NTACO, 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 Nam Phuong or NTACO, 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 these segments 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 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: June 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce's Bona Fide Analysis for Nam Phuong and NTACO
Comment 2: Surrogate Country Selection Recommendation

[FR Doc. 2015-15894 Filed 6-26-15; 8:45 am]
 BILLING CODE 3510-DS-P