[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54432-54433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21405]


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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 Decision Not in Harmony With the Results of 
the Antidumping Duty Administrative Review; Notice of Amended Final 
Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 20, 2021, the U.S. Court of International Trade 
(CIT) issued its final judgment in NTSF Seafoods Joint Stock Company 
and Vinh Quang Fisheries Corporation v. United States, Court No. 19-
00063, sustaining the Department of Commerce (Commerce)'s remand 
results pertaining to the administrative review of the antidumping duty 
(AD) order on certain frozen fish fillets from the Socialist Republic 
of Vietnam covering the period August 1, 2016, through July 31, 2017. 
Commerce is notifying the public that the CIT'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 the 
dumping margins assigned to NTSF Seafoods Joint Stock Company (NTSF) 
and Vinh Quang Fisheries Corporation (Vinh Quang).

DATES: Applicable September 30, 2021.

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 29, 2019, Commerce published its Final Results.\1\ In the 
Final Results, Commerce denied NTSF's reported fish meal and fish oil 
by-product offsets based on NTSF's statements that it ``sold'' the head 
and bone product (i.e., the inputs to fish meal/oil) to an unaffiliated 
processor. Given these statements, Commerce concluded that the 
downstream fish meal/oil products were not produced and sold by NTSF, 
and, therefore, not eligible for by-product offsets.\2\ As a result, 
Commerce only granted a by-product offset for the fish head and bone 
product sold by NTSF, and not the downstream fish oil and fish meal 
produced by the unaffiliated processor.\3\
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    \1\ See 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, 84 FR 18007 
(April 29, 2019) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 11.
    \3\ Id.
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    On December 21, 2020, the CIT issued its Remand Order.\4\ The 
Remand Order addressed whether three aspects of the Final Results were 
supported by substantial evidence: (1) Commerce's selection of 
financial statements for its calculation of surrogate financial ratios; 
(2) Commerce's calculation of surrogate values for NTSF's fingerlings; 
and (3) Commerce's denial of by-product offsets for fish meal and fish 
oil. The CIT affirmed Commerce's Final Results with respect to issues 1 
and 2. With respect to issue 3, the CIT concluded that Commerce's 
denial of by-product offsets for fish meal and fish oil was unsupported 
by substantial evidence and, thus, remanded the decision to Commerce to 
explain its analysis of the record evidence cited by NTSF or otherwise 
change its determination.\5\
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    \4\ See NTSF Seafoods Joint Stock Company and Vinh Quang 
Fisheries Corporation v. United States, Court No. 19-00063, Slip Op. 
20-180 (CIT December 21, 2020) (Remand Order).
    \5\ Id.
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    In its Final Remand Redetermination, issued in March 2021, Commerce 
found that NTSF's fish meal and fish oil by-products were produced 
pursuant to a tolling arrangement with an unaffiliated processor and 
determined that NTSF later sold the by-products to unaffiliated 
purchasers.\6\ Commerce, thus, found that by-product offsets for NTSF's 
sales of fish meal and fish oil were warranted and, accordingly, made 
changes to the margin calculations for NTSF.\7\
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    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, NTSF Seafoods Joint Stock Company and Vinh Quang Fisheries 
Corporation v. United States, Court No. 19-00063, Slip Op. 20-180 
(CIT December 21, 2020), dated March 22, 2021 (Final Remand 
Redetermination).
    \7\ Id.
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    Commerce also made changes to the rate assigned to a reviewed 
company that it did not individually examine, but which demonstrated 
its eligibility for separate rate and is a party to the litigation, 
i.e., Vinh Quang.\8\
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    \8\ Id.
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    On September 20, 2021, the CIT sustained Commerce's Final Remand 
Redetermination.\9\
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    \9\ See NTSF Seafoods Joint Stock Company and Vinh Quang 
Fisheries Corporation v. United States, Court No. 19-00063, Slip Op. 
21-121, dated September 20, 2021.

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[[Page 54433]]

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(c) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's September 
20, 2021, judgment constitutes a final decision of the CIT that is not 
in harmony with Commerce's Final Results. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
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    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
the Final Results with respect to NTSF and Vinh Quang as follows:\12\
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    \12\ See Final Remand Redetermination at 16-17.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                dumping
                      Producer/exporter                         margin
                                                               (dollars/
                                                               kilogram)
------------------------------------------------------------------------
NTSF Seafoods Joint Stock Company...........................        1.28
Vinh Quang Fisheries Corporation............................        1.28
------------------------------------------------------------------------

Cash Deposit Requirements

    Because NTSF has a superseding cash deposit rate, i.e., there have 
been final results published in a subsequent administrative review, we 
will not issue revised cash deposit instructions to U.S. Customs and 
Border Protection (CBP). This notice will not affect the current cash 
deposit rate NTSF. For Vinh Quang, which does not have a superseding 
cash deposit rate, Commerce will issue revised cash deposit 
instructions to CBP.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by the CIT order from 
liquidating entries that: were exported by NTSF and Vinh Quang and were 
entered, or withdrawn from warehouse, for consumption during the period 
August 1, 2016, through July 31, 2017. These entries will remain 
enjoined pursuant to the terms of the injunction during the pendency of 
any appeals process.
    In the event that the CIT's ruling is not appealed, or, if 
appealed, upheld by a final and conclusive court decision, Commerce 
intends to instruct CBP to assess antidumping duties on unliquidated 
entries of subject merchandise exported by NTSF and Vinh Quang in 
accordance with 19 CFR 351.212(b). We will instruct CBP to apply the 
per unit assessment rates listed above to all entries of subject 
merchandise during the period of review which were exported by NTSF and 
Vinh Quang.
    For NTSF, we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
ad valorem assessment rate is not zero or de minimis. Where an 
importer-specific ad valorem assessment rate is zero or de minimis,\13\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. For entries of subject merchandise during 
the period of review produced by NTSF for which it did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the Vietnam-wide rate if there is no 
rate for the intermediate company(ies) involved in the transaction.
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    \13\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e), and 777(i)(1) of the Act.

    Dated: September 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-21405 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P