[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44272-44274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16060]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty New Shipper Review; 2014-
2015

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

SUMMARY: The Department of Commerce (``the Department'') published the 
Preliminary Results of the new shipper review of the antidumping duty 
order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam'') on January 21, 2016.\1\ The 
period of review (``POR'') is August 1, 2014, through January 1, 2015. 
We provided interested parties an opportunity to comment on the 
Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results. The final dumping margin is listed below in the 
``Final Results of the New Shipper Review'' section of this notice.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Antidumping Duty New Shipper 
Review; 2014-2015, 81 FR 5709 (January 21, 2016) (``Preliminary 
Results''), and accompanying Preliminary Decision Memorandum.

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DATES: Effective Date: July 7, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Kenneth Hawkins, 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: 202-482-0413 
or 202-482-6491, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on January 21, 
2016.\2\ On April 4, 2016, the Department extended the deadline for the 
final results to June 27, 2016.\3\ The Department conducted a 
verification of Hai Huong Seafood Joint Stock Company (``HHFISH'') 
between April 11, 2016, and April 13, 2016.\4\ Between June 2, 2016 and 
June 8, 2016, Petitioners submitted their case brief and HHFISH 
submitted a rebuttal brief.
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    \2\ See Preliminary Results; see also Memorandum to the Record 
from Ron Lorentzen, Acting A/S for Enforcement & Compliance, 
regarding ``Tolling of Administrative Deadlines As a Result of the 
Government Closure During Snowstorm Jonas,'' dated January 27, 2016, 
extending all administrative deadlines by four business days.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations from Kenneth Hawkins, 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 
2014-2015 New Shipper Review, dated April 4, 2016.
    \4\ See Memorandum to the File, from Matthew Renkey and Kenneth 
Hawkins, Case Analysts, ``Verification of the Sales and Factors of 
Production Responses of Hai Huong Seafood Joint Stock Company in the 
2014-2015 New Shipper Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam,'' dated May 24, 2016.

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[[Page 44273]]

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 code 
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including 
basa and tra), and may enter under tariff article codes 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\5\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.\6\
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    \5\ Until June 30, 2004 these products were classifiable under 
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. 
From July 1, 2004 until December 31, 2006 these products were 
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until 
December 31, 2011 these products were classifiable under HTSUS 
0304.29.6033. On March 2, 2011 the Department added two HTSUS 
numbers at the request of U.S. Customs and Border Protection 
(``CBP'') that the subject merchandise may enter under: 1604.19.2000 
and 1604 19.3000, which were changed to 1604.19.2100 and 
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department 
added the following HTSUS numbers at the request of CBP: 
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
    \6\ For a complete description of the scope of the order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, regarding Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues 
and Decision Memorandum for the Final Results of Antidumping Duty 
New Shipper Review: Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam, at 2-3 (``Issues and Decision Memorandum''), 
dated concurrently with and hereby adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum 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 Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculations for HHFISH.\7\
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    \7\ See Issues and Decision Memorandum.
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Final Results of the Review

    The dumping margin for the final results of this new shipper review 
is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                                margin
                     Exporter/producer                        (dollars/
                                                              kilogram)
                                                                 \8\
------------------------------------------------------------------------
Hai Huong Seafood Joint Stock Company......................        1.25
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Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.
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    \8\ 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).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this new shipper review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We 
will continue to direct CBP to assess importer specific assessment 
rates based on the resulting per-unit (i.e., per kg) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR. If an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by HHFISH, the cash deposit rate will 
be the rate established in the final results of this new shipper review 
(except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, a zero cash deposit rate will be required for the specific 
producer-exporter combination listed above); (2) for subject 
merchandise exported by HHFISH, but not manufactured by HHFISH, the 
cash deposit rate will continue to be the Vietnam-wide rate (i.e., 
$2.35/Kilogram); and (3) for subject merchandise manufactured by 
HHFISH, but exported by any other party, the cash deposit rate will be 
the Vietnam-wide rate (i.e., $2.35/Kilogram). The cash deposit 
requirement, when imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their

[[Page 44274]]

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: June 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Summary
Case Issues
Background
Scope of the Order
Discussion of the Issues
    Comment I Application of Facts Available to HHFISH's Reported 
Factors of Production
    Comment II By-products Sold During the POR
    Comment III Corrections to the SAS Program
Recommendation

[FR Doc. 2016-16060 Filed 7-6-16; 8:45 am]
BILLING CODE 3510-DS-P