[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5862-5863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01791]



[[Page 5862]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Preliminary Results of New Shipper Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting a new 
shipper review (NSR) of Co May Import Export Company Limited (Co May) 
regarding the antidumping duty (AD) order on certain frozen fish 
fillets (fish fillets) from the Socialist Republic of Vietnam 
(Vietnam). The period of review (POR) is August 1, 2022, through 
January 31, 2023. We have preliminarily determined that Co May's sale 
was a bona fide transaction, and that the sale was not made below 
normal value (NV). Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable January 30, 2024.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, Office V, AD/CVD 
Operations, 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 August 12, 2003, Commerce published in the Federal Register the 
AD Order on fish fillets from Vietnam.\1\ On March 23, 2023, we 
initiated an NSR based on a timely request from Co May.\2\
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    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (Order).
    \2\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Initiation of Antidumping Duty New Shipper Review, 88 FR 
18520 (March 29, 2023).
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    For a complete description of the events that followed the 
initiation of this NSR, see the Preliminary Decision Memorandum.\3\ A 
list of topics included in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of New Shipper Review of the Antidumping Duty Order on 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam; 
2022-2023,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are fish fillets from Vietnam. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this NSR in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. Commerce calculated export price in accordance with 
section 772 of the Act. Because Vietnam is a non-market economy country 
within the meaning of section 771(18) of the Act, Commerce calculated 
NV in accordance with section 773(c) of the Act. For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.

Preliminary Results

    As a result of this NSR, Commerce preliminarily determines the 
following weighted-average dumping margin exists for the period, August 
1, 2022, through January 31, 2023.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                               dumping
                   Exporter and producer                        margin
                                                               (dollars
                                                                 per
                                                              kilogram)
------------------------------------------------------------------------
Co May Import Export Company Limited.......................       $0.00
------------------------------------------------------------------------

Verification

    As provided in 19 CFR 351.307(b)(iv), Commerce intends to verify 
the information submitted by Co May in advance of the final results of 
the review.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Interested parties will be notified of the deadline for the 
submission of case briefs at a later date.\4\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed not later than five 
days after the date for filing case briefs.\5\ Parties who submit case 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\6\
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    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d)(1) and (2); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 
29, 2023) (APO and Service Final Rule).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes.\7\ In this NSR, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs. Further, we 
request that interested parties limit their executive summary of each 
issue to no more than 450 words, not including citations. We intend to 
use the executive summaries as the basis of the comment summaries 
included in the Issues and Decision Memorandum that will accompany the 
final results of this NSR. We request that interested parties include 
footnotes for relevant citations in the executive summary of each 
issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\8\
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    \7\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \8\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain the following information: (1) the 
party's name, address, and telephone number; (2) the number of 
participants, and whether any participant is a foreign national; and 
(3) a list of issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case briefs. An 
electronically-filed hearing request must be received successfully in 
its entirety by Commerce's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time within 14 days after the date of publication of this 
notice.\9\ If a request for a hearing is made, Commerce

[[Page 5863]]

intends to notify parties of the time and date for the hearing.
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    \9\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this NSR, including 
the results of its analysis of issues raised in any written briefs, no 
later than 90 days after the date of issuance of this notice, unless 
extended, pursuant to section 751(a)(2)(B)(iii) of the Act.

Assessment Rates

    Upon issuing the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
ADs on all appropriate entries covered by this review.\10\ If the 
respondent's weighted-average dumping margin is zero or de minimis in 
the final results of review, we will instruct CBP to liquidate the 
appropriate entries without regard to duties. If the respondent's 
weighted-average dumping margin is above de minimis in the final 
results of this review, we will calculate an importer-specific (or a 
customer-specific) per-unit assessment rate by dividing the amount of 
dumping for the reviewed sale to the importer or customer by the total 
sales quantity associated with the transaction(s). If an importer-
specific rate is zero or de minimis, Commerce will instruct CBP to 
liquidate the appropriate entries without regard to ADs.
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    \10\ See 19 CFR 351.212(b).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Instructions

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from Vietnam entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) for subject merchandise produced 
and exported by Co May, the cash deposit rate will be the rate 
established for Co May in the final results of this NSR (except, if the 
rate is zero or de minimis, then no cash deposit will be required); (2) 
for subject merchandise exported by Co May, but not produced by Co May, 
the cash deposit rate will be the rate for the Vietnam-wide entity; and 
(3) for subject merchandise produced by Co May, but not exported by Co 
May, the cash deposit rate will be the rate applicable to the exporter. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of ADs prior to liquidation of the relevant 
entries during this review period. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of ADs occurred and the subsequent assessment of double ADs.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19 
CFR 351.214.

    Dated: January 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Recommendation

[FR Doc. 2024-01791 Filed 1-29-24; 8:45 am]
BILLING CODE 3510-DS-P