[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6158-6159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Partial Rescission of Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is partially
rescinding the administrative review of the antidumping duty order on
certain frozen fish fillets from the Socialist Republic of Vietnam for
the period August 1, 2012, through July 31, 2013, based on the timely
withdrawals of certain requests for review.
DATES: Effective Date: February 3, 2014.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0413 or (202)
482-0116, respectively.
SUPPLEMENTARY INFORMATION:;
Background
On August 1, 2013, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
certain frozen fish fillets from the Socialist Republic of Vietnam.\1\
Pursuant to requests from interested parties, the Department initiated
an administrative review with respect to 33 exporters for the period
August 1, 2012 through July 31, 2013.\2\ On November 8, 2013, the
Department published a correction notice to include two companies that
were inadvertently omitted from the Initiation Notice.\3\ The deadline
for a party to withdraw a request for review was December 31, 2013.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 46573 (August 1, 2013).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
60834 (October 2, 2013) (``Initiation Notice'').
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
67104 (November 8, 2013).
\4\ See Initiation Notice, 78 FR at 60835.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\5\ Thus, all of
the deadlines in this segment of the proceeding were extended by 16
days. Therefore, the revised deadline for a party to withdraw a request
for review was January 16, 2013.
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\5\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Withdrawal of Review Requests
On December 27, 2013, Vinh Hoan Corporation (``Vinh Hoan'')
withdrew its review request.\6\ On January 3, 2014, Petitioner \7\
withdrew its review requests with respect to nine companies, including
An Phu Seafood Corporation (``An Phu Seafood'') and Vinh Hoan.\8\ On
January 16, 2014, Bien Dong Seafood Co., Ltd (``Bien Dong Seafood'')
withdrew its review request,\9\ and Petitioner withdrew its review
request with respect to Bien Dong Seafood on the same date.\10\ No
other party requested an administrative review of An Phu Seafood, Bien
Dong Seafood, or Vinh Hoan.
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\6\ See Letter from Vinh Hoan regarding Frozen Fish Fillets from
the Socialist Republic of Vietnam: Withdraw of Request for
Administrative Review--Vinh Hoan Corporation, dated December 27,
2013.
\7\ Catfish Farmers of America and individual U.S. catfish
processors America's Catch, Alabama Catfish Inc. dba Harvest Select
Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc.
dba Pride of the Pond, and Simmons Farm Raised Catfish, Inc.
(hereinafter, ``Petitioner'').
\8\ See Letter from Petitioner regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal
of Request for Antidumping Duty Administrative Review, dated January
3, 2014. Petitioner withdrew their review requests with respect to
An Giang Agriculture and Food Import-Export Joint Stock Company, An
Phu Seafood, Dai Thanh Seafoods Co., Ltd., Fatifish Company Limited,
GODACO Seafood Joint Stock Company, Hoang Long Seafood Processing
Co., Ltd., Hung Vuong Seafood Joint Stock Company, Nam Viet
Corporation, and Vinh Hoan.
\9\ See Letter from Bien Dong Seafood regarding Frozen Fish
Fillets from the Socialist Republic of Vietnam: Withdrawal of
Request for Administrative Review--Bien Dong Seafood Co., Ltd.,
dated January 16, 2014.
\10\ See Letter from Petitioner regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal
of Request for Antidumping Duty Administrative Review, dated January
16, 2014.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Vinh Hoan's, Bien Dong
Seafood's, and Petitioner's withdrawals of their review requests of
Vinh Hoan, Bien Dong Seafood, and An Phu Seafood were submitted within
the deadline set forth under 19 CFR 351.213(d)(1). Moreover, An Phu
Seafood,\11\ Bien Dong Seafood,\12\ and Vinh Hoan \13\ obtained
separate rates in the most recently-completed segments of this
proceeding in which they were under review. Therefore, in accordance
with 19 CFR 351.213(d)(1), the Department is rescinding this review of
the antidumping duty order on certain frozen fish fillets from the
Socialist Republic of Vietnam with respect to An Phu Seafood, Bien Dong
Seafood, and Vinh Hoan. The review will continue with respect to the 32
other firms for which a review was requested and initiated.
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\11\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Final Results of Antidumping Duty Administrative Review
and New Shipper Review; 2010-2011, 78 FR 17350 (March 21, 2013).
\12\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Final Results of Antidumping Duty Administrative Review
and Partial Rescission of Seventh Antidumping Duty Administrative
Review, 77 FR 15039 (March 14, 2012).
\13\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Amended Final Results of the Antidumping Duty
Administrative Review, 2010-2011, 78 FR 29323 (May 20, 2013).
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[[Page 6159]]
Assessment
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries,
consistent with 19 CFR 351.212(b)(1). For An Phu Seafood, Bien Dong
Seafood, and Vinh Hoan, each of which obtained separate rates in the
most recently-completed segment of this proceeding in which they were
under review, antidumping duties shall be assessed at rates equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the
period August 1, 2012, through July 31, 2013, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instruction to CBP 15 days after publication of this notice.
Notifications
This notice serves as a final 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 this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3). 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.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: January 27, 2014.
Gary Taverman,
Senior Advisor, for Antidumping and Countervailing Duty Operations.
[FR Doc. 2014-02194 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-DS-P