[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36879-36881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16333]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Notice of Court Decisions Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 24, 2018, the United States Court of International
Trade (Court) issued final judgments in An Giang Fisheries Import and
Export Joint Stock Company et al. v. United States, Consol. Court No.
14-00109, sustaining the Department of Commerce's (Commerce) remand
results for the ninth administrative review of the antidumping duty
order on certain frozen fish fillets from the Socialist Republic of
Vietnam (Vietnam) covering the period of review (POR) August 1, 2011,
through July 31, 2012. Commerce is notifying the public that the
Court's final judgment is not in harmony with Commerce's final results
of the administrative review, and that Commerce is amending the final
results with respect to certain exporters.
DATES: Applicable June 3, 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
On April 7, 2014, Commerce issued its AR9 Final Results.\1\ On July
2, 2014, Commerce issued its AR9 Amended Final Results.\2\ Agifish et
al.\3\ and the petitioners \4\ timely filed complaints with the Court
and challenged certain aspects of the AR9 Amended Final Results. On
June 7, 2015, the Court remanded Commerce's AR9 Amended Final
Results.\5\
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty Administrative Review
and New Shipper Review; 2011-2012, 79 FR 19053 (April 7, 2014) (AR9
Final Results).
\2\ See Amended Final Results of Antidumping Duty Administrative
Review; 2010-2011, 79 FR 37714 (July 2, 2014) (AR9 Amended Final
Results) and accompanying Ministerial Error Memorandum.
\3\ These include An Giang Fisheries Import and Export Joint
Stock Company, Asia Commerce Fisheries Joint Stock Company, Cuu Long
Fish Joint Stock Company, Hiep Thanh Seafood Joint Stock Company,
International Development and Investment Corporation, NTSF Seafoods
Joint Stock Company, QVD Food Company Ltd., Southern Fishery
Industries Company, Ltd., and Vinh Hoan Corporation (collectively
Agifish et al.).
\4\ Catfish Farmers of America and the following individual U.S.
catfish processors: America's Catch, Consolidated Catfish Companies,
LLC dba Country Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company, Pride of the Pond,
and Simmons Farm Raised Catfish, Inc. (collectively, the
petitioners).
\5\ See An Giang Fisheries Import and Export Joint Stock Company
et al. v. United States, Court No. 14-00109, Slip Op. 16-55 (CIT
June 7, 2016).
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In the first remand, in accordance with the Court's instructions,
Commerce reconsidered its selection of the surrogate value (SV) for
rice husk and provided further explanation concerning the cap to the
fish oil by-product offset in Vinh Hoan Corporation's \6\ margin
calculation.\7\ Additionally, and in accordance with the Court's
instructions, Commerce made changes to Vinh Hoan's margin calculation,
specifically, by adjusting the denominators for Vinh Hoan's factors of
production (FOPs) to exclude water weight, and subsequently
recalculating Vinh Hoan's net U.S. price of sales for subject
merchandise on a net weight basis exclusive of water weight.\8\ The
Court upheld our findings on all but one of these issues, i.e., the
fish oil by-product offset.\9\
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\6\ Vinh Hoan was one of two mandatory respondents selected by
Commerce. (Vinh Hoan) includes Vinh Hoan Corporation and its
affiliates Van Duc Food Export Joint Company and Van Duc Tien Giang
(VDTG).
\7\ See Final Results of Redetermination Pursuant to An Giang
Fisheries Import and Export Joint Stock Company et al. v. United
States, Consol. Court No. 14-00109, and Slip Op. 16-55, dated
February 9, 2017 (First Remand Results).
\8\ Id.
\9\ See An Giang Fisheries Import and Export Joint Stock Company
et al. v. United States, Consol. Court No. 14-00109, Slip Op. 17-
00082 (July 10, 2017) (An Giang Fisheries).
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On July 10, 2017, the Court remanded Commerce's First Remand
Results.\10\ In the second remand, in accordance with the Court's
instructions, Commerce provided further explanation with respect to the
calculated fish oil by-
[[Page 36880]]
product offset and its superiority as compared to the other fish oil
SVs on the record.\11\ On September 22, 2017, Commerce filed the Second
Remand Results with the Court.
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\10\ See Vinh Hoan Corporation et al. v. United States, Court
No. 14-00109, Slip Op. 17-82 (CIT July 10, 2017).
\11\ See Final Results of Redetermination Pursuant To Court
Remand, Consol. Court No. 14-00109, Slip Op. 17-00082 (CIT July 10,
2017), dated September 22, 2017, (Second Remand Results).
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As a result of the AR9 Remand Results,\12\ there are calculation
changes. After accounting for all such changes and issues in the AR9
Remand Results, the resulting antidumping duty margin for Vinh Hoan is
de minimis. Because Vinh Hoan's margin is now de minimis, Agifish's
margin (unchanged) becomes the margin ($1.20 per kilogram) for those
companies not individually examined but receiving a separate rate. On
May 24, 2018, the Court sustained the AR9 Remand Results.\13\
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\12\ See First Remand Results and Second Remand Results
(collectively, AR9 Remand Results).
\13\ See An Giang Fisheries Import and Export Joint Stock
Company et al. v. United States, Consol. Court No. 14-109, Slip Op.
18-60 (CIT May 24, 2018).
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Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d
337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades), Commerce is notifying the public that the final judgment in
this cases is not in harmony with Commerce's final results of the
antidumping duty administrative review of the antidumping duty order on
fish fillets from Vietnam covering the POR. Thus, Commerce is amending
the AR9 Amended Final Results with respect to the weighted-average
dumping margins for Vinh Hoan, and the separate rate respondents.\14\
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\14\ These include: An My Fish Joint Stock Company; Anvifish
Joint Stock Company; Asia Commerce Fisheries Joint Stock Company;
Binh An Seafood Joint Stock Company; Cadovimex II Seafood Import-
Export and Processing Joint Stock Company; Cantho Import-Export
Seafood Joint Stock Company; Cuu Long Fish Import-Export
Corporation; Cuu Long Fish Joint Stock Company; East Sea Seafoods
Limited Liability Company; Green Farms Seafood Joint Stock Company;
Hiep Thanh Seafood Joint Stock Company; Hoa Phat Seafood Import-
Export and Processing JSC; International Development & Investment
Corporation; NTSF Seafoods Joint Stock Company; QVD Food Company
Ltd.; Saigon Mekong Fishery Co., Ltd.; Seafood Joint Stock Company
No.4 Branch Dongtam Fisheries Processing Company; Southern Fisheries
Industries Company Ltd.; Sunrise Corporation; Thien Ma Seafood Co.,
Ltd.; To Chau Joint Stock Company; Viet Phu Food & Fish Corporation;
and Vinh Quang Fisheries Corporation (collectively, separate rate
respondents).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (Act), Commerce must publish a notice of
a court decision that is not ``in harmony'' with a Commerce
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The Court's May 24, 2018, judgment
sustaining the AR9 Remand constitutes a final decision of the Court
that is not in harmony with Commerce's AR9 Amended Final Results. This
notice is published in fulfillment of the publication requirement of
Timken.
Amended Final Results
Because there is now a final court decision, Commerce is amending
the AR9 Amended Final Results with respect to Vinh Hoan, and the
separate rate respondents. The revised weighted-average dumping margins
for these exporters during the period August 1, 2011, through July 31,
2012, are as follows:
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Weighted-average dumping margin
Exporter name (dollars per kilogram)
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Vinh Hoan Corporation \15\.......... 0.00
Hung Vuong Group \16\............... 1.20
An My Fish Joint Stock Company...... 1.20
Anvifish Joint Stock Company \17\... 1.20
Asia Commerce Fisheries Joint Stock 1.20
Company............................
Binh An Seafood Joint Stock Company. 1.20
Cadovimex II Seafood Import-Export 1.20
and Processing Joint Stock Company.
Cantho Import-Export Seafood Joint 1.20
Stock Company......................
Cuu Long Fish Import-Export ..................................
Corporation \18\...................
Cuu Long Fish Joint Stock Company... 1.20
East Sea Seafoods Limited Liability 1.20
Company \19\.......................
Green Farms Seafood Joint Stock 1.20
Company............................
Hiep Thanh Seafood Joint Stock 1.20
Company............................
Hoa Phat Seafood Import-Export and 1.20
Processing JSC.....................
International Development & 1.20
Investment Corporation.............
NTSF Seafoods Joint Stock Company... 1.20
QVD Food Company Ltd.\20\........... 1.20
Saigon Mekong Fishery Co., Ltd...... 1.20
Seafood Joint Stock Company No.4 1.20
Branch Dongtam Fisheries Processing
Company............................
Southern Fisheries Industries 1.20
Company Ltd........................
Sunrise Corporation................. 1.20
Thien Ma Seafood Co., Ltd........... 1.20
To Chau Joint Stock Company......... 1.20
Viet Phu Food & Fish Corporation.... 1.20
Vinh Quang Fisheries Corporation.... 1.20
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[[Page 36881]]
Accordingly, Commerce will continue the suspension of liquidation
of the subject merchandise pending the expiration of the period of
appeal or, if appealed, pending a final and conclusive court decision.
In the event the Court's ruling is not appealed or, if appealed, upheld
by the CAFC, Commerce will instruct U.S. Customs and Border Protection
to assess antidumping duties on unliquidated entries of subject
merchandise exported by the companies identified above using the
assessment rate calculated by Commerce in the AR9 Remand Results and
listed above.
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\15\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan, Van Duc, and VDTG.
\16\ 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.
\17\ Includes the trade name Anvifish Co., Ltd., and Anvifish
JSC.
\18\ Includes the trade name CL Panga Fish.
\19\ Includes the trade names East Sea Seafoods LLC and ESS.
\20\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (Dong Thap) and Thuan Hung Co., Ltd. (THUFICO). In the second
review of this order, Commerce found QVD, Dong Thap and THUFICO to
be a single entity, and because there has been no evidence submitted
on the record of this review that calls this determination into
question, we continue to find these companies to be part of a single
entity. Therefore, we will assign this rate to the companies in the
single entity. See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 53387 (September 11, 2006).
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Cash Deposit Requirements
Unless the applicable cash deposit rates have been superseded by
cash deposit rates calculated in an intervening administrative review
of the AD order on frozen fish fillets from Vietnam, Commerce will
instruct U.S. Customs and Border Protection to require a cash deposit
for estimated AD duties at the rate noted above for each specified
exporter and producer combination, for entries of subject merchandise,
entered or withdrawn from warehouse, for consumption, on or after June
3, 2018.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: July 25, 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.
[FR Doc. 2018-16333 Filed 7-30-18; 8:45 am]
BILLING CODE 3510-DS-P