[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55676-55679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22123]
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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 the Antidumping Duty Administrative
Review and New Shipper Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the ninth administrative review and eleventh new shipper review
(``NSR'') of the antidumping duty order on certain frozen fish fillets
(``fish fillets'') from the Socialist Republic of Vietnam
(``Vietnam'').\1\ The Department has preliminarily determined that new
shipper review respondent, Golden Quality Seafood Corporation (``Golden
Quality''), as well as administrative review mandatory respondents,
Hung Vuong Group (``HVG'') \2\ and Vinh Hoan Corporation (``Vinh
Hoan''),\3\ sold subject merchandise in the United States at prices
below normal value (``NV'') during the period of review (``POR'')
August 1, 2011, through July 31, 2012. If these preliminary results are
adopted in the final results, the Department will instruct U.S. Customs
and Border Protection (``CBP'') to assess antidumping duties on all
appropriate entries of subject merchandise during the POR. Interested
parties are invited to comment on these preliminary results.
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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\ The Hung Vuong Group includes: An Giang Fisheries Import and
Export Joint Stock Company, Asia Pangasius Company Limited, Ben Tre
Forestry and Aquaproduct Import-Export JSC, 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.
\3\ Vinh Hoan includes Vinh Hoan Corporation and its affiliates
Van Duc Food Export Joint Company (``Van Duc'') and Van Duc Tien
Giang (``VDTG'').
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DATES: Effective Date: September 11, 2013.
FOR FURTHER INFORMATION CONTACT: Julia Hancock (Vinh Hoan), Alex
Montoro (Golden Quality) or Paul Walker (HVG), AD/CVD Operations,
Office 9, Import Administration, International Trade
[[Page 55677]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-1394,
202-482-0238 or 202-482-0413, respectively.
SUPPLEMENTARY INFORMATION:
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. The products are classifiable under tariff article codes
1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish
Fillets of the species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\4\
Although the HTSUS subheading is provided for convenience and Customs
purposes, our written description of the scope of the order is
dispositive.\5\
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\4\ Until July 1, 2004, these products were classifiable under
tariff article codes 0304.20.6030 (``Frozen Catfish Fillets''),
0304.20.6096 (``Frozen Fish Fillets, NESOI''), 0304.20.6043
(``Frozen Freshwater Fish Fillets'') and 0304.20.6057 (``Frozen Sole
Fillets'') of the HTSUS. Until February 1, 2007, these products were
classifiable under tariff article code 0304.20.6033 (``Frozen Fish
Fillets of the species Pangasius including basa and tra'') of the
HTSUS.
\5\ See ``Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Decision Memorandum for the Preliminary Results
of the 2011-2012 Antidumping Duty Administrative Review and New
Shipper Review,'' dated concurrently with this notice (``Preliminary
Decision Memorandum'') and incorporated herein by reference, for a
complete description of the Scope of the Order.
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Methodology
The Department has conducted these reviews in accordance with
sections 751(a)(1)(B) and 751(a)(2)(A)-(B) of the Tariff Act of 1930,
as amended (the ``Act''). Constructed export prices and export prices
have been calculated in accordance with section 772 of the Act. Because
Vietnam is a non-market economy (``NME'') within the meaning of section
771(18) of the Act, NV has been calculated in accordance with section
773(c) of the Act. Specifically, the administrative review mandatory
respondents' and NSR respondent's factors of production have been
valued using surrogate values from Indonesia, which is economically
comparable to Vietnam and is a significant producer of comparable
merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
Regarding the administrative review, the Department preliminarily
determines that the following weighted-average dumping margins exist
for the period August 1, 2011, through July 31, 2012:
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\6\ 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).
\7\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan, Van Duc, and VDTG. In the sixth administrative
review of this order, the Department found Vinh Hoan, Van Duc, and
VDTG to be a single entity and, because there have been no changes
to this determination since that administrative review, we continue
to find these companies to be part of a single entity. Therefore, we
will assign this rate to the companies in the single entity. See
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam:
Notice of Preliminary Results and Partial Rescission of the Sixth
Antidumping Duty Administrative Review and Sixth New Shipper Review,
75 FR 56061 (September 15, 2010).
\8\ This rate is applicable to the Hung Vuong Group which
includes: An Giang Fisheries Import and Export Joint Stock Company,
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.
\9\ Includes the trade name Anvifish Co., Ltd.
\10\ Includes the trade name CL Panga Fish.
\11\ Includes the trade names East Sea Seafoods LLC and ESS.
\12\ This rate is also applicable to QVD Dong Thap Food Co., Ltd
and Thuan Hung Co., Ltd. (``THUFICO''). In the second review of this
order, the Department found QVD, QVD Dong Thap Food Co., Ltd. and
THUFICO to be a single entity and, because there have been no
changes to this determination since that administrative review, we
continue to find these companies to be part of a single entity.
Therefore, we will assign this rate to the companies in the single
entity. See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of Antidumping Duty Administrative
Review, 71 FR 53387 (September 11, 2006).
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Weighted-average
Exporter margin (dollars/
kilogram) \6\
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Vinh Hoan Corporation \7\............................ 0.42
Hung Vuong Group \8\................................. 2.15
An My Fish Joint Stock Company....................... 0.99
Anvifish Joint Stock Company \9\..................... 0.99
Asia Commerce Fisheries Joint Stock Company.......... 0.99
Binh An Seafood Joint Stock Company.................. 0.99
Cadovimex II Seafood Import-Export and Processing 0.99
Joint Stock Company.................................
Cantho Import-Export Seafood Joint Stock Company..... 0.99
Cuu Long Fish Import-Export Corporation \10\......... 0.99
Cuu Long Fish Joint Stock Company.................... 0.99
East Sea Seafoods Limited Liability Company \11\..... 0.99
Green Farms Seafood Joint Stock Company.............. 0.99
Hiep Thanh Seafood Joint Stock Company............... 0.99
Hoa Phat Seafood Import-Export and processing JSC.... 0.99
International Development & Investment Corporation... 0.99
NTSF Seafoods Joint Stock Company.................... 0.99
QVD Food Company Ltd.\12\............................ 0.99
Saigon-Mekong Fishery Co., Ltd....................... 0.99
Seafood Joint Stock Company No.4 Branch Dongtam 0.99
Fisheries Processing Company........................
[[Page 55678]]
Southern Fishery Industries Company Ltd.............. 0.99
Sunrise Corporation.................................. 0.99
Thien Ma Seafood Co., Ltd............................ 0.99
To Chau Joint Stock Company.......................... 0.99
Viet Phu Food & Fish Corporation..................... 0.99
Vinh Quang Fisheries Corporation..................... 0.99
Vietnam-Wide Rate \13\............................... 2.11
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Regarding the NSR, the Department preliminarily determines that the
following weighted-average dumping margin exists for the period August
1, 2011, through July 31, 2012:
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\13\ The Vietnam-wide rate includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Sea Seafood Co., Ltd., East Sea
Seafoods Joint Venture Co., Ltd., GODACO Seafood Joint Stock
Company, Hung Vuong Seafood Joint Stock Company, Nam Viet Company
Limited, Quang Minh Seafood Co., Ltd. and Vinh Hoan Company Ltd.
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Weighted- average
Manufacturer Exporter margin (dollars/
kilogram)
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Golden Quality Seafood Golden Quality 0.24
Corporation. Seafood
Corporation.
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Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in these reviews within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of reviews.\14\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within five days after the time limit for
filing case briefs.\15\ Parties who submit arguments are requested to
submit with the argument (a) a statement of the issue, (b) a brief
summary of the argument, and (c) a table of authorities.\16\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing system, IA ACCESS.
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d)(1)-(2).
\16\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\17\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\18\
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review and this NSR, which will include the results of
our analysis of all issues raised in the case briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before or on the applicable deadline for submission of
such factual information, an interested party may submit factual
information to rebut, clarify, or correct the factual information no
later than ten days after such factual information is served on the
interested party. However, the Department generally will not accept in
the rebuttal submission additional or alternative surrogate value
information not previously on the record, if the deadline for
submission of surrogate value information has passed.\19\ Furthermore,
the Department generally will not accept business proprietary
information in either the surrogate value submissions or the rebuttals
thereto, as the regulation regarding the submission of surrogate values
allows only for the submission of publicly available information.\20\
Finally, for each piece of factual information submitted with surrogate
value rebuttal comments, the interested party must provide a written
explanation of what information that is already on the record of the
ongoing proceeding that the factual information is rebutting,
clarifying, or correcting.
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\19\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\20\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by these review.\21\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of these reviews.
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\21\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of these reviews, the Department will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an
[[Page 55679]]
importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\22\ Where either a respondent's
weighted average dumping margin is zero or de minimis, or an importer-
(or customer-) specific ad valorem is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\23\ For the respondents that were not
selected for individual examination in this administrative review and
that qualified for a separate rate, the assessment rate will be based
on the average of the mandatory respondents.\24\ 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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\22\ See 19 CFR 351.212(b)(1).
\23\ See 19 CFR 351.106(c)(2).
\24\ See Preliminary Decision Memorandum.
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during the administrative review, the
Department will instruct CBP to liquidate such entries at the Vietnam-
wide rate. Additionally, if the Department determines that an exporter
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the Vietnam-wide rate.\25\
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\25\ For a full discussion of this practice, 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 these reviews for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of these reviews (except, if the rate
is zero or de minimis, then zero cash deposit will be required); (2)
for previously investigated or reviewed Vietnam and non-Vietnam
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Vietnam exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the Vietnam -wide
entity; and (4) for all non-Vietnam exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Vietnam exporter that supplied that non-
Vietnam exporter.
With respect to Golden Quality, the new shipper respondent, the
Department has established a combination cash deposit rate for this
company consistent with its practice as follows: (1) For subject
merchandise produced and exported by Golden Quality, the cash deposit
rate will be the rate established for Golden Quality in the final
results of the NSR; (2) for subject merchandise exported by Golden
Quality, but not produced by Golden Quality, the cash deposit rate will
be the rate for the Vietnam-wide entity; and (3) for subject
merchandise produced by Golden Quality but not exported by Golden
Quality, the cash deposit rate will be the rate applicable to the
exporter.
These 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This preliminary determination is issued and published in
accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i)(1) of the
Act.
Dated: September 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Bona Fides Analysis
5. Non-Market Economy Country Status
6. Collapsing
7. Separate Rates
8. Separate Rate Calculation for Companies Not Individually Examined
9. Vietnam-Wide Entity
10. Surrogate Country
11. Date of Sale
12. Determination of Comparison Method
13. Results of Differential Pricing Analysis
14. Comparisons to Normal Value
15. U.S. Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2013-22123 Filed 9-10-13; 8:45 am]
BILLING CODE 3510-DS-P