[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64131-64133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22386]


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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; 2014-2015

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

SUMMARY: The Department preliminarily determines that none of the 
mandatory respondents in this review qualify for a separate rate and 
are, therefore, considered a part of the Vietnam-Wide Entity for their 
exports of subject merchandise exported to the United States during the 
period of review (``POR'') August 1, 2014, through July 31, 2015. 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.

DATES: Effective September 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins or Javier Barrientos, 
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 202-482-6491 
or 202-482-2243, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2014, the Department initiated the 12th 
administrative review of the antidumping duty order on fish fillets 
from Vietnam for the period August 1, 2014, through July 31, 2015.\1\ 
On May 4, 2016, the Department partially extended the deadline for 
issuing the preliminary results by 118 days.\2\ The revised deadline 
for the preliminary results of this administrative review is now 
September 6, 2016.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 60356 (October 6, 2015).
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Duty Operations, through 
James C. Doyle, Director, Office V, Antidumping and Countervailing 
Duty Operations regarding, from, Kenneth Hawkins, International 
Trade Compliance Analyst, Antidumping and Countervailing Duty 
Operations, ``Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Extension of Deadline for Preliminary Results 
of 2014-2015 Antidumping Duty Administrative Review,'' dated May 4, 
2016.
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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 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'').\3\ Although

[[Page 64132]]

the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.\4\
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    \3\ 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.
    \4\ For a complete description of the scope of the order, see 
Memorandum to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations ``Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Issues and Decision Memorandum 
for the Final Results of the 11th Antidumping Duty Administrative 
Review; 2013-2014,'' at 2-3 (``Issues and Decision Memorandum''), 
dated concurrently with and hereby adopted by this notice.
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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. Between December 30, 2015 and 
January 4, 2016 we received timely withdrawal of review requests for 62 
companies from Petitioner,\5\ Bien Dong Seafood Co., Ltd (``Bien 
Dong''), and Vinh Hoan Corporation (``Vinh Hoan'').\6\ Of these 62 
companies, 38 do not have any review request outstanding. 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 these 38 
companies.\7\ In addition the Department is rescinding the review for 
two additional companies.\8\ The review will continue with respect to 
the other firms for which a review was requested and initiated.
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    \5\ 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'').
    \6\ See, e.g., 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 30, 2015; Letter from Petitioner regarding Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Partial 
Withdrawal of Request for Antidumping Duty Administrative Review, 
dated January 4, 2016; Letter from Vinh Hoan regarding Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Withdraw of Request 
for Administrative Review--Vinh Hoan Corporation, dated January 4, 
2016.
    \7\ See Appendix II for a full list of rescinded companies.
    \8\ See Issues and Decision Memorandum at 4.
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Preliminary Determination of No Reviewable Transactions

    The Department has preliminarily determined that Ben Tre 
Aquaproduct Import and Export Joint Stock Company, CADOVIMEX II Seafood 
Import Export and Processing Joint Stock Company, and Hoang Long 
Seafood Processing Company Limited had no reviewable transactions 
during the POR. Consistent with our practice in non-market economy 
(``NME'') cases, we will not to rescind the review, in part, in this 
circumstance, but rather, complete the review with respect to these 
companies and issue appropriate instructions to CBP based on the final 
results of the review.\9\
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Methodology

    The Department is conducting 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 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:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                               margin
                         Exporter                             (dollars/
                                                              kilogram)
                                                                \10\
------------------------------------------------------------------------
Cuu Long Fish Joint Stock Company *.......................         0. 69
GODACO Seafood Joint Stock Company *......................         0. 69
Green Farms Seafood Joint Stock Company *.................         0. 69
NTSF Seafoods Joint Stock Company *.......................         0. 69
Vietnam-Wide Entity \11\..................................          2.39
------------------------------------------------------------------------
* These companies are separate rate respondents not individually
  examined.

Disclosure, Public Comment & 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).
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    \10\ 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).
    \11\ The Vietnam-wide entity includes mandatory respondents 
Golden Quality Seafood Corporation, Thuan An Production Trading and 
Service Co., Ltd. and Viet Phu Foods and Fish Corporation.
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    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\12\ 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.\13\ 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.\14\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1)-(2).
    \14\ 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

[[Page 64133]]

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.\15\ 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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    \15\ 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.\16\ 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.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ 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 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: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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. Partial Rescission
    b. Selection of Respondents
    c. Preliminary Determination of No Reviewable Transactions
    d. NME Country Status
    e. Separate Rates
5. Recommendation

Appendix II

(1) An Giang Fisheries Import and Export Joint Stock Company (also 
known as Agifish or AnGiang Fisheries Import and Export)
(2) An My Fish Joint Stock Company (also known as Anmyfish or 
Anmyfishco)
(3) An Phat Seafood Co. Ltd.
(4) An Phu Seafood Corp. (also known as ASEAFOOD)
(5) Anvifish Co., Ltd.
(6) Asia Commerce Fisheries Joint Stock Company (also known as 
Acomfish JSC or Acomfish)
(7) Asia Pangasius Company Limited
(8) Bentre Forestry and Aquaproduct Import Export Joint Stock 
Company (also known as Ben Tre Forestry and Aquaproduct Import-
Export Company or Ben Tre Forestry Aquaproduct Import-Export Company 
or Ben Tre Frozen Aquaproduct Export Company or Faquimex)
(9) Binh An Seafood Joint Stock Co.
(10) C.P. Vietnam Corporation
(11) Cafatex Corporation (CAFATEX)
(12) Can Tho Animal Fishery Products Processing Export Enterprise 
(also known as Cafatex)
(13) Europe Joint Stock Company
(14) Hiep Thanh Seafood Joint Stock Co.
(15) Hoang Long Seafood Processing Co., Ltd. (HLS)
(16) Hung Vuong Corporation
(17) Hung Vuong Joint Stock Company
(18) Hung Vuong Mascato Company Limited
(19) Hung Vuong-Sa Dec Co. Ltd.
(20) Hung Vuong-Vinh Long Co., Ltd.
(21) International Development & Investment Corporation (IDI)
(22) Lian Heng Investment Co., Ltd. (also known as Lian Heng)
(23) Lian Hengg Trading Co., Ltd. (also known as Lian Heng)
(24) Nam Viet Company Ltd.
(25) Ngoc Ha Co., Ltd. Food Processing and Trading
(26) Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89 
or Nha Trang Seafoods)
(27) Quang Minh Seafood Co., Ltd.
(28) Seafood Joint Stock Company No. 4-Branch Dong Tam Fisheries 
Processing Company (DOTASEAFOODCO)
(29) Southern Fisheries Industries Company, Ltd. (also known as 
South Vina)
(30) Southern Fishery Industries Company, Ltd. (also known as South 
Vina)
(31) Sunrise Corporation
(32) TG Fishery Holdings Corporation (also known as TG)
(33) Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen Seafood 
Processing Import Export Co., Ltd. or Thanh Hung)
(34) Thien Ma Seafood Co., Ltd. (also known as THIMACO)
(35) Thien Ma Seafoods Co., Ltd. (also known as THIMACO)
(36) Thien Phat Seafood Co., Ltd.
(37) Thuan An Production Trading and Services Co., Ltd. (TAFISHCO)
(38) Thuan Hung Co., Ltd. (also known as THUFICO)
(39) Vinh Long Import-Export Company (also known as Vinh Long or 
Imex Cuu Long)
(40) Vinh Quang Fisheries Joint-Stock Company

[FR Doc. 2016-22386 Filed 9-16-16; 8:45 am]
 BILLING CODE 3510-DS-P