[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55092-55095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review; 2013-2014

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the 11th 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\ and Thuan An Production Trading and 
Service Co., Ltd. (``TAFISHCO'') sold subject merchandise in the United 
States at prices below normal value (``NV'') during the period of 
review (``POR'') August 1, 2013, through July 31, 2014. 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.
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    \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).

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DATES: Effective date: September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Jerry Huang, 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 202-482-2243 
or 202-482-4047, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2014, the Department initiated the 11th 
administrative review of the antidumping duty order on fish fillets 
from Vietnam for the period August 1, 2013, through July 31, 2014.\3\ 
On April 8, 2015, the Department partially extended the deadline for 
issuing the preliminary results by 106 days.\4\ On August 11, 2015, the 
Department further extended the deadline for issuing the preliminary 
results by 14 days.\5\ The revised deadline for the preliminary results 
of this administrative is now August 31, 2015.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 58729 (September 30, 2014) 
(``Initiation Notice'').
    \4\ See Memorandum to James P. Maeder, Senior Director, Office 
I, 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 2013-2014 Antidumping Duty Administrative Review,'' dated 
April 8, 2015.
    \5\ 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 regarding ``Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Second Extension of 
Deadline for Preliminary Results of 2013-2014 Antidumping Duty 
Administrative Review,'' dated August 11, 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,

[[Page 55093]]

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'').\6\ Although the HTSUS 
subheading is provided for convenience and Customs purposes, our 
written description of the scope of the order is dispositive.\7\
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    \6\ 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.
    \7\ 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.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. On November 25, 2014, Vinh 
Hoan Corporation (``Vinh Hoan'') withdrew its review request.\8\ On 
November 25, 2014, Petitioner \9\ withdrew its review request with 
respect to Vinh Hoan.\10\ On December 23, 2014, Bien Dong Seafood Co., 
Ltd (``Bien Dong'') withdrew its review request,\11\ and Petitioner 
withdrew its review request with respect to Bien Dong Seafood on the 
same date.\12\ On December 29, 2014, Petitioner withdrew its review 
request with respect to Hung Vuong Seafood Joint Stock Company (``Hung 
Vuong Seafood''), Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen 
Seafood Processing Import Export Co., Ltd. or Thanh Hung) (``Thanh 
Hung''), Vinh Long Import-Export Company (also known as Vinh Long or 
Imex Cuu Long) (``Vinh Long'').\13\ No other party requested an 
administrative review of Vinh Hoan, Bien Dong, Hung Vuong Seafood, 
Thanh Hung, and Vinh Long. Therefore, in accordance with 19 CFR 
351.213(d)(1), the Department is rescinding this review of the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam with respect to Vinh Hoan, Bien Dong, 
Hung Vuong Seafood, Thanh Hung, and Vinh Long. The review will continue 
with respect to the other firms for which a review was requested and 
initiated.
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    \8\ See Letter from Vinh Hoan regarding Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Withdraw of Request for 
Administrative Review--Vinh Hoan Corporation, dated November 25, 
2014.
    \9\ Catfish Farmers of America and individual U.S. catfish 
processors America's Catch, Alabama Catfish Inc. dba Harvest Select 
Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc. 
dba Pride of the Pond, and Simmons Farm Raised Catfish, Inc. 
(hereinafter, ``Petitioner'').
    \10\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
November 25, 2014.
    \11\ See Letter from Bien Dong Seafood regarding Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Withdrawal of 
Request for Administrative Review--Bien Dong Seafood Co., Ltd., 
dated December 23, 2014.
    \12\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
December 23, 2014.
    \13\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
December 29, 2014. We note that Petitioners also withdrew their 
request for Anvifish Co., Ltd. (``Anvifish''), and Vinh Quang 
Fisheries Corporation (``Vinh Quang''). However, there are still 
outstanding review requests for these companies at this time.
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Preliminary Determination of No Shipments

    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, Anvifish Joint Stock Company, Asia Commerce Fisheries Joint 
Stock Company, Binh An Seafood Joint Stock Company, Dai Thanh Seafoods 
Company Limited, Fatifish Company Limited, Golden Quality Seafood 
Corporation, Hiep Thanh Seafood Joint Stock Company, Hoa Phat Seafood 
Import-Export and Processing JSC, Ngoc Ha Co., Ltd. Food Processing and 
Trading, Quang Minh Seafood Company, Limited, QVD Food Company, Ltd., 
Saigon-Mekong Fishery Co., Ltd., Southern Fisheries Industries Company, 
Ltd., TG Fishery Holdings Corporation, and To Chau Joint Stock Company 
(collectively ``No Shipment Companies''). Based on the certifications 
submitted by the above companies, and our analysis of the CBP 
information, we preliminarily determine that the No Shipment Companies 
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 No 
Shipment Companies and issue appropriate instructions to CBP based on 
the final results of the review.\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Vietnam-Wide Entity

    A review was requested, but not rescinded, for Asia Pangasius 
Company Limited, Nam Phuong Seafood Co., Ltd., NTACO Corporation, Thien 
Ma Seafood Co., Ltd., Thuan Hung Co., Ltd. (collectively, ``No Response 
Companies'').\15\ The No Response Companies are not eligible for 
separate rate status because they did not submit completed separate 
rate applications or certifications.\16\ Accordingly, the Department 
finds that these No Response Companies are a part of the Vietnam-wide 
entity.
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    \15\ See Initiation Notice, 79 FR at 58732.
    \16\ Id., 79 FR at 58730.
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    The Department's change in policy regarding conditional review of 
the NME-wide entity applies to this administrative review.\17\ Under 
this policy, the Vietnam-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the Vietnam-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change.
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    \17\ 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 Duty Proceedings, 78 FR 65963 (November 4, 2013).
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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 (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov, and is

[[Page 55094]]

available to all parties in the Central Records Unit, room B8024 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, 2013, 
through July 31, 2014:
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    \18\ 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).
    \19\ 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.

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (dollars/
                                                         kilogram) \18\
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Hung Vuong Group \19\................................               0.36
Thuan An Production Trading and Services Co., Ltd....               0.84
Basa Joint Stock Company.............................               0.60
Cadovimex II Seafood Import-Export and Processing                   0.60
 Joint Stock Company.................................
Cafatex Corporation..................................               0.60
Can Tho Import-Export Joint Stock Company............               0.60
C.P. Vietnam Corporation.............................               0.60
Cuu Long Fish Joint Stock Company....................               0.60
East Sea Seafoods LLC................................               0.60
GODACO Seafood Joint Stock Company...................               0.60
Green Farms Seafood Joint Stock Company..............               0.60
Hoang Long Seafood Processing Company Limited........               0.60
International Development and Investment Corporation.               0.60
Nam Viet Corporation.................................               0.60
NTSF Seafoods Joint Stock Company....................               0.60
Seafood Joint Stock Company No. 4--Branch Dong Tam                  0.60
 Fisheries Processing Company........................
Viet Phu Foods and Fish Corporation..................               0.60
Vinh Quang Fisheries Joint-Stock Company.............               0.60
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Disclosure, Public Comment and 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).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\20\ 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.\21\ 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) a table of 
authorities.\22\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.
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    \20\ See 19 CFR 351.309(c)(1)(ii).
    \21\ See 19 CFR 351.309(d)(1)-(2).
    \22\ See 19 CFR 351.309(c)(2), (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date and 
time to be determined. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    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.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \23\ See 19 CFR 351.212(b).
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    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.\24\ 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.\25\
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    \24\ See 19 CFR 351.212(b)(1).
    \25\ See 19 CFR 351.106(c)(2).
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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

[[Page 55095]]

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: August 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Selection of Respondents
    b. Preliminary Determination of No Shipments
    c. Non-Market Economy Country Status
    d. Separate Rates
    e. Vietnam-Wide Entity
    f. Surrogate Country
    g. Determination of Comparison Method
    h. Results of Differential Pricing Analysis
    i. Comparisons to Normal Value
    j. U.S. Price
    k. Use of Facts Available
    l. Normal Value
    m. Factor Valuations
    n. Currency Conversion
5. Recommendation

[FR Doc. 2015-22858 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P