[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12717-12719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05935]


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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, Final Results of No Shipments, and Partial 
Rescission of the Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
frozen fish fillets (fish fillets) from the Socialist Republic of 
Vietnam (Vietnam) are being, or are likely to be, sold in the United 
States at less than normal value during the period of review (POR) 
August 1, 2015, through July 31, 2016.

DATES: Applicable March 23, 2018.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone 202-482-2243.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on September 12, 
2017.\1\ In the Preliminary Results, we determined that GODACO Seafood 
Joint Stock Company (GODACO) did not act to the best of its ability in 
responding to Commerce's questionnaires and, pursuant to sections 
776(a) and (b) of the Tariff Act of 1930, as amended (the Act), 
Commerce applied an adverse inference in calculating a margin for 
GODACO.\2\ Commerce also determined a margin for the companies subject 
to this review which demonstrated that they were separate from the 
Vietnam-wide entity.\3\ Between February 5 and 15, 2018, interested 
parties submitted case and rebuttal briefs. On February 27, 2018, 
Commerce held a public hearing limited to issues raised in the case and 
rebuttal briefs. The period of review (POR) is August 1, 2015, through 
July 31, 2016.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results, Preliminary Determination of No 
Shipments, and Partial Rescission of the Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 42785 (September 12, 2017) 
(Preliminary Results) and Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Decision Memorandum for the 
Preliminary Results of the 2015-2016 Antidumping Duty Administrative 
Review (August 31, 2017) (PDM).
    \2\ See PDM.
    \3\ 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

[[Page 12718]]

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).\4\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.\5\
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    \4\ 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, Commerce 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, Commerce 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.
    \5\ For a complete description of the scope of the order, see 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Issues and Decision Memorandum for the Final Results of the 
Thirteenth Antidumping Duty. Administrative Review; 2015-2016,'' 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 as the Appendix to this 
notice. 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 have 
determined that a different rate is appropriate to apply to GODACO, 
which in turn results in a different rate applied to the separate rate 
companies from the margins assigned in the Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Saigon-Mekong Fishery Co., Ltd. (SAMEFICO), and QVD \6\ had no 
shipments during the POR. Consistent with Commerce's refinement to its 
assessment practice in non-market economy (NME) cases, we completed the 
review with respect to the above-named companies.\7\ Based on the 
certifications submitted by these companies, we continue to find that 
they did not have any shipments during the POR. As noted in the 
``Assessment Rates'' section below, Commerce intends to issue 
appropriate instructions to CBP for the above-named companies based on 
the final results of the review.
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    \6\ These companies include QVD Food Co., Ltd., QVD Dong Thap 
Food Co., Ltd. and Thuan Hung Co., Ltd.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Vietnam-Wide Entity

    We noted in the Preliminary Results that a review was requested, 
but not rescinded, for Golden Quality Seafood Corporation (Golden 
Quality). Golden Quality failed to answer Commerce's antidumping duty 
questionnaire and is not eligible for separate rate status; thus, we 
find Golden Quality to be part of the Vietnam-wide entity, which is not 
under review. As Golden Quality is part of the Vietnam-wide entity, it 
will receive the Vietnam-wide entity's antidumping duty margin of 
$2.39/kg. Additionally, consistent with Commerce's practice to assign 
the Vietnam-wide rate to companies under review that do not submit 
separate rate certifications or applications and, thus, are not 
eligible for separate rate status, we are also assigning the Vietnam-
wide entity's rate to Anvifish Joint Stock Company (Anvifish) and Thuan 
An Production Trading and Service Co., Ltd. (Tafishco).

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.213(d)(3) and 19 CFR 351.401(f), and 
in accordance with our decision in Comment 7 of the Issues and Decision 
Memorandum, Commerce is rescinding this review with respect to An Giang 
Agriculture and Food Import-Export Joint Stock Company (Afiex), Bien 
Dong Seafood Co., Ltd. (Bien Dong) and Vinh Hoan Corporation (Vinh 
Hoan).

Final Results of the Review

    The weighted-average dumping margins for the final results of this 
administrative review are as follows:
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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).

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (dollars/
                                                          kilogram) 8
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GODACO Seafood Joint Stock Company...................            ** 3.87
Cadovimex II Seafood Import-Export and Processing                   7.74
 Joint Stock Company ***.............................
Can Tho Import-Export Joint Stock Company, aka                      3.87
 CASEAMEX *..........................................
Cuu Long Fish Joint Stock Company *..................               3.87
Dai Thanh Seafoods Company Limited *.................               3.87
Green Farms Seafood Joint Stock Company *............               3.87
Hoang Long Seafood Processing Co., Ltd.***...........               7.74
Hung Vuong Group *...................................               3.87
NTSF Seafoods Joint Stock Company *..................               3.87
Southern Fishery Industries Company, Ltd.............               3.87
Vinh Quang Fisheries Corporation *...................               3.87
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* These companies are separate rate respondents not individually
  examined.
** Although we find mandatory respondent GODACO to be eligible for a
  separate rate, its margin is based on adverse facts available (AFA).
*** Cadovimex II's and Hoang Long's rates are based on a finding of duty
  reimbursements.


[[Page 12719]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
the final results of this administrative 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 kilogram) rates by the 
weight in kilograms 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), Commerce 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).
    Commerce determines that the No Shipment Companies did not have any 
reviewable transactions during the POR. As a result, any suspended 
entries that entered under these exporters' case numbers (i.e., at each 
exporter's rate) will be liquidated at the Vietnam-wide rate.\9\
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memo at 4-5.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of 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 that company); (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all 
Vietnamese exporters of subject merchandise which have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
Vietnam-wide rate of $2.39 per kilogram; and (4) for all non-Vietnamese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. The 
deposit requirements, 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties. As noted above, and described in detail in the 
Issues and Decision Memorandum, Commerce has determined as adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, that 
Cadovimex II and Hoang Long had their antidumping duties reimbursed 
during the POR.

Notification Regarding 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 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 these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

     Dated: March 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Comment 1: Assignment of AFA Rate to GODACO
Comment 2: Assignment of GODACO's Rate to the Separate Rate 
Respondents
Comment 3: Assignment of AFA Rate to Hoang Long and CADOVIMEX II
Comment 4: Whether to Rescind the Review with Respect to Golden 
Quality
Comment 5: Golden Quality's Reporting of CONNUM-Specific FOPs
Comment 6: Application of Adverse Facts Available to Golden Quality
Comment 7: Preliminary Results Posting Errors
Comment 8: CBP Instructions

[FR Doc. 2018-05935 Filed 3-22-18; 8:45 am]
BILLING CODE 3510-DS-P