[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53043-53044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13856]


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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 New Shipper Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new 
shipper review of Co May Import-Export Company Limited (Co May) 
regarding the antidumping duty 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. 
Based on our analysis, Commerce finds that Co May did not make sales of 
subject merchandise at prices below normal value during the POR.

DATES: Applicable June 25, 2024.

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 January 30, 2024, Commerce published the Preliminary Results of 
this new shipper review and invited interested parties to comment.\1\ 
On April 5, 2024, Commerce extended the deadline for issuance of these 
final results to June 14, 2024.\2\ On May 17, 2024, the petitioners \3\ 
submitted a case brief.\4\ On May 22, 2024, Co May submitted a rebuttal 
brief.\5\ On May 30, 2024, Commerce held a public hearing.\6\ For a 
complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\7\
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of New Shipper Review; 2022-2023, 89 
FR 5862 (January 30, 2024) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty New Shipper Review,'' dated April 5, 2024.
    \3\ The petitioners are the Catfish Farmers of America and 
individual U.S. catfish processors America's Catch, Inc., Alabama 
Catfish, LLC d/b/a Harvest Select Catfish, Inc., Consolidated 
Catfish Companies, LLC d/b/a Country Select Catfish, Delta Pride 
Catfish, Inc., Guidry's Catfish, Inc., Heartland Catfish Company, 
Magnolia Processing, Inc. d/b/a Pride of the Pond, and Simmons Farm 
Raised Catfish, Inc.
    \4\ See Petitioners' Letter, ``Case Brief,'' dated May 17, 2024.
    \5\ See Co May's Letter, ``Rebuttal Brief of Co May Import 
Export Company Limited,'' dated May 22, 2024.
    \6\ See Hearing Transcript, ``Public Hearing in the Matter of: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 
New Shipper Review,'' dated May 30, 2024.
    \7\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 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 
(Issues and Decision Memorandum).
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Scope of the Order 8
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    \8\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (Order).
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    The products covered by the Order are fish fillets from Vietnam. 
For a complete description of the scope of this order, see the Issues 
and Decision Memorandum.

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

[[Page 53044]]

issues addressed in the Issues and Decision Memorandum is provided in 
the appendix to this notice. The Issues and 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 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    From April 1 through 4, 2024, Commerce verified the questionnaire 
responses of Co May in Vietnam.\9\ We used standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by Co May.
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    \9\ See Memorandum, ``Verification of the Questionnaire 
Responses of Co May Import-Export Company Limited in the New Shipper 
Review of Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam,'' dated May 8, 2024.
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Changes Since the Preliminary Results

    Based on a review of the record, as well as our verification 
procedures, Commerce made certain changes to the margin calculations 
for Co May.\10\
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    \10\ For a full description of these changes, see Issues and 
Decision Memorandum.
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Final Results of Review

    The estimated weighted-average dumping margin for the final results 
of this new shipper review is as follows:

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

Disclosure

    We intend to disclose the calculations performed for the final 
results of this review to parties in this proceeding within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. Pursuant to 19 CFR 351.212(b)(1), because Co May's weighted-
average dumping margin is zero, we will instruct CBP to liquidate Co 
May's entry without regard to antidumping duties. Pursuant to 
Commerce's assessment practice,\11\ for entries of Co May's merchandise 
that were not reported in the U.S. sales data submitted by Co May 
during this review, Commerce will instruct CBP to liquidate such 
entries at the Vietnam-wide entity rate.
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties,76 FR 65694 (October 24, 2011).
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    Commerce intends to issue appropriate 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 Requirements

    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 Tariff Act of 1930, as amended (the Act): 
(1) for subject merchandise produced and exported by Co May, 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 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

    Commerce is issuing and publishing these final results of review in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19 
CFR 351.214.

    Dated: June 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

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. Discussion of the Issue
    Comment 1: Bona Fide Nature of Co May's Sale
VI. Recommendation

[FR Doc. 2024-13856 Filed 6-24-24; 8:45 am]
BILLING CODE 3510-DS-P