[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18007-18009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08576]



[[Page 18007]]

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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, and Final Results of No Shipments of the 
Antidumping Duty Administrative Review; 2016-2017

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, 2016, through July 31, 2017.

DATES: Applicable April 29, 2019.

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 13, 
2018.\1\ On January 28, 2019, Commerce tolled the deadlines in this 
case and the final results by 40 days.\2\ On February 14, 2019, 
Commerce extended the deadline for the final results to April 19, 
2019.\3\ Commerce conducted verification of the Hung Vuong Group \4\ 
(HVG) from March 11, 2019 through March 20, 2019. Between March 13, 
2019, and April 9, 2019, interested parties submitted case and rebuttal 
briefs.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments and 
Partial Rescission of the Antidumping Duty Administrative Review; 
2016-2017, 83 FR 46479 (September 13, 2018) (Preliminary Results) 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \3\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Extension of Deadline for Final Results of 2016-2017 
Antidumping Duty Administrative Review, dated February 14, 2019.
    \4\ The Hung Vuong Group, or ``HVG,'' includes: An Giang 
Fisheries Import & Export Joint Stock Company (Agifish), 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) and 
accompanying Issues and Decision Memorandum (IDM) at 3.
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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).\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, 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.
    \6\ 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; 2016-2017 
(Issues and Decision Memorandum) at 2-3, 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 to apply facts available with an adverse inference in 
determining the rate for HVG.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Cadovimex II Seafood Import Export and Processing Joint Stock Company 
(Cadovimex II), Cantho Import-Export Seafood Joint Stock Company 
(CASEAMEX), and Godaco Seafood Joint Stock Company (GODACO) 
(collectively, No Shipment Companies), 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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    \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

    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 in this POR.\8\ As 
Golden Quality is part of the Vietnam-wide entity, it will receive the 
Vietnam-wide entity's antidumping duty margin of $2.39 per-kilogram 
(kg).
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    \8\ See Issues and Decision Memorandum at Comment 9.

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[[Page 18008]]

Final Results of the Review

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

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                            ($/kg) \9\
------------------------------------------------------------------------
Hung Vuong Group........................................            3.87
NTSF Seafoods Joint Stock Company.......................            1.37
C.P. Vietnam Corporation*...............................            1.37
Cuu Long Fish Joint Stock Company*......................            1.37
Green Farms Seafood Joint Stock Company*................            1.37
Vinh Quang Fisheries Corporation*.......................            1.37
------------------------------------------------------------------------
* These companies are separate rate respondents not individually
  examined.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (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 \9\review.
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    \9\ 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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    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 kg 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.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Results, and accompanying PDM 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 0.50 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-kg; 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.

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.

Notification to Interested Parties

    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: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Case Issues
III. Background
IV. Scope of the Order
V. Application of Adverse Facts Available
VI. Separate Rates
VII. Discussion of the Issues
    Comment 1: Assignment of AFA Rate to HVG
    Comment 2: Whether to Apply AFA

[[Page 18009]]

to NTSF
    Comment 3: NTSF's Plastic Bags Packing Factor
    Comment 4: Fingerling Surrogate Value Conversion Factor
    Comment 5: Fingerling Inflator
    Comment 6: Surrogate Financial Ratios
    Comment 7: Rate To Apply to Companies Not Selected for Individual 
Review
    Comment 8: Green Farms' Separate Rate Certification
    Comment 9: Golden Quality's Separate Rate Status
    Comment 10: Surrogate Values to Value HVG's FOPs
    Comment 11: Treatment of Fish Oil and Fish Meal
VIII. Recommendation

[FR Doc. 2019-08576 Filed 4-26-19; 8:45 am]
 BILLING CODE 3510-DS-P