[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 $2.39 per-kilogram
(kg).
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\8\ See Issues and Decision Memorandum at Comment 9.
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[[Page 18008]]
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
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Weighted-
Exporter average margin
($/kg) \9\
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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
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* 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
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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