[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23756-23758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09089]
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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 of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018
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) were sold in the United States at less than normal
value during the period of review (POR) August 1, 2017 through July 31,
2018.
DATES: Applicable April 29, 2020.
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 October 22, 2019, Commerce published the Preliminary Results of
this administrative review.\1\ From February 3, 2020 through February
11, 2020, we conducted verification of the questionnaire responses of
NTSF Seafoods Joint Stock Company (NTSF).\2\ On February 13, 2020, we
extended the deadline for the final results of this review to April 17,
2020.\3\ Between March 18, 2020 and March 25, 2020, interested parties
submitted case and rebuttal briefs.\4\ On April 15, 2020, we fully
extended the deadline for issuance of these final results to April 20,
2020.\5\
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 56420 (October 22, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of NTSF Seafoods Joint Stock Company in the 2017-2018
Administrative Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,'' dated March 13, 2020.
\3\ See Memorandum, ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated February
13, 2020.
\4\ See Petitioners' Letter, ``Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Case Brief,'' dated March 18,
2020; NTSF's Letter, ``Frozen Fish Fillets from Vietnam: NTSF's Case
Brief,'' dated March 18, 2020; IDI's Letter, ``Administrative Review
of AD Order on Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam (08/01/17-07/31/18): IDI Case Brief,'' dated
March 18, 2020; Petitioners' Letter, ``Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Rebuttal Brief,'' dated
March 23, 2020; and NTSF's Letter, ``Certain Frozen Fish Fillets
from Vietnam: Rebuttal Brief,'' March 23, 2020.
\5\ See Memorandum, ``15th Administrative Review of the
Antidumping Duty Order on Certain Frozen Fish Fillets from Vietnam:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated April 15, 2020.
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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. For a complete description of the scope of this order, see
the Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Issues and Decision Memorandum for
the Final Results of the Fifteenth Antidumping Duty Administrative
Review; 2017-2018,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum) at 2-3.
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed by interested parties in the Issues and Decision Memorandum. A
list of the issues parties raised is attached as Appendix I 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
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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly 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, and for the reasons explained in the Issues and
Decision Memorandum, we applied certain changes to NTSF's antidumping
margin. Accordingly, for these final results, Commerce also updated the
antidumping margin assigned to the non-selected separate rate company,
i.e., Can Tho Import
[[Page 23757]]
Export Seafood Joint Stock Company (Caseamex). For a discussion of the
above-referenced changes, see the ``Changes Since the Preliminary
Results'' section of the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Golden Quality Seafood Corporation, Nam Viet Corporation, Hoa Phat
Seafood Import-Export and Processing J.S.C., To Chau Joint Stock
Company, Fatifish Company Limited, and Godaco Seafood Joint Stock
Company 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\ Following the publication of the Preliminary Results, we
received no comments from interested parties regarding these companies,
nor has any party submitted record evidence which would call our
preliminary no shipment determination into question. Therefore, for
these final results, we continue to find that these six companies did
not have any reviewable transactions during the POR. As noted in the
``Assessment Rates'' section below, Commerce intends to issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
for the above-named companies based on the final results of this
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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Separate Rates
In our Preliminary Results, we denied International Development and
Investment Corporation (IDI) a separate rate.\8\ Based on information
on the record, and for the reasons explained in the Issues and Decision
Memorandum, we continue to find that IDI is not eligible for a separate
rate.\9\ Thus, we find IDI to be part of the Vietnam-wide entity.
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\8\ See Preliminary Results, 84 FR at 56421.
\9\ See Issues and Decision Memorandum at Comment 6.
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We continue to find that the non-individually-examined exporter
Caseamex and individually-examined respondent NTSF have demonstrated
eligibility for separate rates. As noted below, we have assigned
Caseamex the rate established for NTSF.
Vietnam-Wide Entity
In the Preliminary Results, Commerce found that certain companies
for which a review was requested did not establish eligibility for a
separate rate.\10\ We have not received any information since the
issuance of the Preliminary Results that provides a basis for
reconsidering this preliminary finding. Therefore, Commerce continues
to find that these companies are part of the Vietnam-wide entity.\11\
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\10\ See Preliminary Results, 84 FR at 56421.
\11\ See Appendix II.
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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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\12\ In the third administrative review of this order, Commerce
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, 15481 (March 24, 2008).
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Weighted-
average
Exporter margin
(dollars/
kilogram) \12\
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NTSF Seafoods Joint Stock Company (NTSF)................ 0.15
Can Tho Import Export Seafood Joint Stock Company 0.15
(Caseamex)*............................................
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* Caseamex is a separate rate respondent not individually examined.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act of 1930, as amended
(the Act), and 19 CFR 351.212(b), Commerce has determined, 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.
We calculated importer (or customer)-specific assessment rates for
merchandise subject to this review on a per-unit (i.e., per-kilogram)
basis. Specifically, we calculated a per-unit assessment rate by
aggregating the antidumping duties due for all U.S. sales to that
importer (or customer) and divided this amount by the total quantity
sold to that importer (or customer) during the POR. To determine
whether the duty assessment rates are de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculate
importer- (or customer-) specific ad valorem ratios based on the
estimated entered value. If an importer (or customer)-specific
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce
will instruct CBP to liquidate that importer's (or customer's) entries
of subject merchandise without regard to antidumping duties. Pursuant
to Commerce's assessment practice, for entries that were not reported
in the U.S. sales database submitted by NTSF during this review,
Commerce will instruct CBP to liquidate such entries at the Vietnam-
wide entity rate.
For the separate rate company that was not selected for individual
review, i.e., Caseamex, we assigned the company the margin of the
mandatory respondent, NTSF. Where we determined that an exporter under
review had no shipments of the subject merchandise to the United States
during the POR, any suspended entries that entered during the POR under
that exporter's case number will be liquidated at the Vietnam-wide
rate.\13\ Additionally, we intend to instruct CBP to liquidate entries
containing subject merchandise exported by the Vietnam-wide entity at
the Vietnam-wide rate.
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\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided for by
section 751(a)(2) of the Act: (1) For the exporters listed above, the
cash deposit rate will be the rate established in the final results of
review; (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.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of
[[Page 23758]]
publication of this notice to parties in this proceeding in accordance
with 19 CFR 351.224(b).
Notification to Importers
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(a)(3), 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 final results of administrative
review in accordance with sections 751(a)(l) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: April 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Separate Rates
VI. Discussion of the Issues
Comment 1: Whether to Calculate a Margin for NTSF
Comment 2: Selection of Surrogate Country
Comment 3: Applying Adverse Facts Available (AFA) to NTSF Vinh
Long's Farming Factors
Comment 4: Surrogate Value (SV) for Movement Expenses
Comment 5: Net-to-Gross-Weight Conversion for Movement Expenses
Comment 6: Whether to Grant IDI a Separate Rate
VII. Recommendation
Appendix II
Vietnam-wide Entity
1. An Giang Agriculture and Food Import-Export Joint Stock Company
(also known as Afiex, An Giang Agriculture and Foods Import-Export
Joint Stock Company, An Giang Agriculture and Food Import-Export
Company, An Giang Agriculture and Foods Import and Export Company,
or An Giang Agriculture and Foods Import-Export Company)
2. An My Fish Joint Stock Company (also known as Anmyfish or
Anmyfishco)
3. An Phu Seafood Corporation (also known as ASEAFOOD or An Phu
Seafood Corp.)
4. Asia Commerce Fisheries Joint Stock Company (also known as
Acomfish JSC or Acomfish)
5. Binh An Seafood Joint Stock Company (also known as Binh An or
Binh An Seafood Joint Stock Co.)
6. Cuu Long Fish Import-Export Corporation (also known as CL Panga
Fish)
7. Cuu Long Fish Joint Stock Company (also known as CL-Fish, CL-FISH
CORP, or Cuu Long Fish Joint Stock Company)
8. Da Nang Seaproducts Import-Export Corporation (also known as Da
Nang or Da Nang Seaproducts Import/Export Corp.)
9. East Sea Seafoods LLC (also known as ESS LLC, ESS, ESS JVC, East
Sea Seafoods Limited Liability Company, East Sea Seafoods Joint
Venture Co., Ltd.)
10. Hiep Thanh Seafood Joint Stock Company (also known as Hiep Thanh
or Hiep Thanh Seafood Joint Stock Co.)
11. International Development & Investment Corporation (also known
as IDI or International Development and Investment Corporation)
12. Ngoc Ha Co. Ltd. Food Processing and Trading (also known as Ngoc
Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
13. Quang Minh Seafood Company Limited (also known as Quang Minh,
Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
14. Saigon-Mekong Fishery Co., Ltd. (also known as SAMEFICO or
Saigon Mekong Fishery Co., Ltd.)
15. Sunrise Corporation
16. TG Fishery Holdings Corporation (also known as TG)
[FR Doc. 2020-09089 Filed 4-28-20; 8:45 am]
BILLING CODE 3510-DS-P