[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19053-19056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07714]
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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 Administrative Review and
New Shipper Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') published the
Preliminary Results of the ninth administrative review, and aligned new
shipper review, on certain frozen fish fillets from the Socialist
Republic of Vietnam (``Vietnam'') on September 11, 2013.\1\ We gave
interested parties an opportunity to comment on the Preliminary
Results. Based upon our analysis of the comments and information
received, we made changes to the margin calculations for these final
results. The final dumping margins are listed below in the ``Final
Results of the Administrative Reviews'' section of this notice. The
period of review (``POR'') is August 1, 2011, through July 31, 2012.
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of the Antidumping Duty
Administrative Review and New Shipper Review; 2011-2012, 78 FR 55676
(September 11, 2013) (``Preliminary Results'') and accompanying
Decision Memorandum.
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DATES: Effective Date: April 7, 2014.
FOR FURTHER INFORMATION CONTACT: Alex Montoro (Golden Quality), Paul
Walker (HVG) or Julia Hancock (Vinh Hoan), AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202-482-0238, 202-482-0413 or 202-482-
1394, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 11,
2013.\2\ On January 7, 2014, the Department extended the final results
to March 8, 2014.\3\ Between January 22 and February 10, 2014,
interested parties submitted case and rebuttal briefs. On February 25,
2014, the Department extended the final results to March 28,
[[Page 19054]]
2014.\4\ On March 6, 2014, the Department held a hearing.
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\2\ Id.
\3\ See Memorandum to Gary Taverman, Senior Advisor, through
James Doyle, Office Director, from Julia Hancock, Senior
International Trade Compliance Analyst, ``Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Extension of
Deadline for Final Results of Administrative Review, and Aligned New
Shipper Review,'' dated January 7, 2014.
\4\ See Memorandum to Gary Taverman, Senior Advisor, through
James Doyle, Office Director, from Julia Hancock, Senior
International Trade Compliance Analyst, ``Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Extension of
Deadline for Final Results of Administrative Review, and Aligned New
Shipper Review,'' dated February 25, 2014.
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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. These products are classifiable under tariff article codes
0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000,
1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100,
1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish
Fillets of the species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\5\
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order, which is
contained in the accompanying Issues and Decision Memorandum (``I&D
Memo'') is dispositive.\6\
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\5\ Until July 1, 2004 these products were classifiable under
HTSUS 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). Until February 1, 2007 these
products were classifiable under HTSUS 0304.20.6033 (Frozen Fish
Fillets of the species Pangasius, including basa and tra). On March
2, 2011 the Department added two HTSUS numbers at the request of
U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and 1604
19.3000. On January 30, 2012 the Department added eight HTSUS
numbers at the request of CBP: 0304.62.0020, 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100.
\6\ See I&D Memo at 2-3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these reviews are addressed in the I&D Memo. A list of the issues which
parties raised is attached to this notice as an appendix. The I&D Memo
is a public document and is on file in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building, as
well as electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the CRU. In addition, a complete version of
the I&D Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the
electronic versions of the I&D Memo are identical in content.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily found that
An Giang Agriculture and Food Import-Export Joint Stock Company
(``Afiex''), An Phu Seafood Corporation (``An Phu''), Bien Dong Seafood
Co., Ltd. (``Bien Dong''), Dai Thanh Seafoods Company Limited (``Dai
Thanh''), Fatifish Company Limited (``Fatifish''), Hoang Long Seafood
Processing Co., Ltd. (``Hoang Long''), Nam Viet Corporation
(``Navico'') and Thuan An Production Trading & Services Co., Ltd.
(``Thuan An'') did not have any reviewable transactions. Consistent
with the Department's refinement to its assessment practice in non-
market economy (``NME'') cases, we completed the review with respect to
the above named companies.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Subsequent to the Preliminary Results, the Department received
comments regarding GODACO Seafood Joint Stock Company (``GODACO'') and
Quang Minh Seafood Co., Ltd. (``Quang Minh''). Based on the
certifications submitted by GODACO and Quang Minh, our analysis of the
CBP information, and consistent with Comment XXIII of the I&D Memo, we
determine that GODACO and Quang Minh did not have any reviewable
transactions during the POR. As noted in the ``Assessment Rates''
section below, the Department will issue appropriate instructions to
CBP for the above-named companies based on the final results of the
review.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the I&D Memo, we revised the margin calculations
for Vinh Hoan \8\, HVG and Golden Quality Seafood Corporation (``Golden
Quality'').\9\ Additionally, the Surrogate Values Memo contains further
explanation of our changes to the surrogate values.\10\
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\8\ The Vinh Hoan Corporation and its affiliates Van Duc Food
Export Joint Company and Van Duc Tien Giang, collectively, ``Vinh
Hoan.''
\9\ See accompanying company-specific analysis memoranda, dated
concurrently with this notice.
\10\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office V, from Paul Walker, Case Analyst, ``Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results,'' dated concurrently with
this notice (``Surrogate Values Memo'').
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Rate for Non-Selected Companies
We selected Vinh Hoan and HVG as mandatory respondents in this
administrative review.\11\ The statute and the Department's regulations
do not directly address the establishment of a rate to be applied to
individual companies not selected for individual examination where the
Department limited its examination in an administrative review pursuant
to section 777A(c)(2) of the Tariff Act of 1930, as amended (``the
Act''). Section 735(c)(5)(A) of the Act instructs that we do not
calculate an all-others rate using any zero or de minimis weighted-
average dumping margins or any weighted-average dumping margins based
entirely on facts available. Accordingly, the Department's usual
practice is to average the rates for the selected companies excluding
rates that are zero, de minimis, or based entirely on facts
available.\12\
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\11\ Id., at 2.
\12\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Review in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
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Therefore, consistent with section 735(c)(5)(A) of the Act and the
Department's practice, we assigned the average rate calculated for Vinh
Hoan and HVG to the Separate Rate Respondents. Because the rates
calculated for Vinh Hoan and HVG changed since the Preliminary Results,
the margin assigned to the Separate Rate Respondents also changed
accordingly.
Vietnam-Wide Rate and Vietnam-Wide Entity
In the Preliminary Results, we determined that several companies
failed to demonstrate their eligibility for a separate rate.\13\
Therefore, we preliminarily assigned the entity a rate of 2.11 U.S.
dollars (``USD'')/kilogram (``kg''), the current rate applied to the
Vietnam-wide entity. As noted above in the ``Final Determination of No
Shipments'' section, since the Preliminary Results we found that GODACO
and Quang Minh had no reviewable entries. Consistent with Comment XXIII
of the I&D Memo, we have not determined that GODACO and Quang Minh are
part of the Vietnam-wide entity in this review. For the other
companies, as there is no record information that provides a basis for
[[Page 19055]]
reconsidering the determination in the Preliminary Results, we will
continue to apply the Vietnam-wide entity rate of 2.11 USD/kg to these
companies.
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\13\ See Preliminary Results, and accompanying Decision
Memorandum at 11.
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Final Results of the Administrative Reviews
The weighted-average dumping margins for the administrative review
are as follows:
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Weighted-average
Exporter margin (dollars/
kilogram) \14\
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Vinh Hoan Corporation \15\..................... 0.03
Hung Vuong Group \16\.......................... 1.20
An My Fish Joint Stock Company................. 0.42
Anvifish Joint Stock Company \17\.............. 0.42
Asia Commerce Fisheries Joint Stock Company.... 0.42
Binh An Seafood Joint Stock Company............ 0.42
Cadovimex II Seafood Import-Export and 0.42
Processing Joint Stock Company................
Cantho Import-Export Seafood Joint Stock 0.42
Company.......................................
Cuu Long Fish Import-Export Corporation \18\... 0.42
Cuu Long Fish Joint Stock Company.............. 0.42
East Sea Seafoods Limited Liability Company 0.42
\19\..........................................
Green Farms Seafood Joint Stock Company........ 0.42
Hiep Thanh Seafood Joint Stock Company......... 0.42
Hoa Phat Seafood Import-Export and Processing 0.42
JSC...........................................
International Development & Investment 0.42
Corporation...................................
NTSF Seafoods Joint Stock Company.............. 0.42
QVD Food Company Ltd. \20\..................... 0.42
Saigon Mekong Fishery Co., Ltd................. 0.42
Seafood Joint Stock Company No. 4 Branch 0.42
Dongtam Fisheries Processing Company..........
Southern Fishery Industries Company Ltd........ 0.42
Sunrise Corporation............................ 0.42
Thien Ma Seafood Co., Ltd...................... 0.42
To Chau Joint Stock Company.................... 0.42
Viet Phu Food & Fish Corporation............... 0.42
Vinh Quang Fisheries Corporation............... 0.42
Vietnam-Wide Rate \21\......................... 2.11
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The weighted-average dumping margin for the new shipper review is
as follows:
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\14\ 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).
\15\ 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).
\16\ 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.
\17\ Includes the trade name Anvifish Co., Ltd. and Anvifish
JSC.
\18\ Includes the trade name CL Panga Fish.
\19\ Includes the trade names East Sea Seafoods LLC and ESS.
\20\ 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).
\21\ 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., Hung Vuong Seafood Joint Stock
Company, Nam Viet Company Limited, and Vinh Hoan Company Ltd.
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Weighted-average margin (dollars/
Manufacturer Exporter kilogram)
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Golden Quality........................... Golden Quality................... de minimis.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We
[[Page 19056]]
will continue to direct CBP to assess importer-specific assessment
rates based on the resulting per-unit (i.e., per-kg) rates by the
weight in kgs of each entry of the subject merchandise during the POR.
Specifically, we calculated importer-specific duty assessment rates on
a per-unit rate basis by dividing the total dumping margins (calculated
as the difference between normal value and export price, or constructed
export price) for each importer by the total sales quantity of subject
merchandise sold to that importer during the POR. If an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
The Department determines that Afiex, An Phu, Bien Dong, GODACO,
Navico, Thuan An and Quang Minh did not have any reviewable
transactions during the POR. As a result, any suspended entries that
entered under these exporters' case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate.\22\ Also, the Department
determines that Dai Thanh, Fatifish and Hoang Long did not have any
reviewable transactions during the period February 1, 2012 through July
31, 2012. As a result, any suspended entries that entered under these
exporters' case number (i.e., at that exporter's rate) will be
liquidated at the NME-wide rate for this period.\23\
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Results, and accompanying Decision Memorandum at 3.
\23\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed
Vietnamese and non-Vietnamese exporters not listed above that have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all
Vietnamese exporters of subject merchandise which have not been found
to be entitled to a separate rate, the cash deposit rate will be the
Vietnam-wide rate of 2.11 USD/kg; and (4) for all non-Vietnamese
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the
Vietnamese exporters that supplied that non-Vietnamese exporter. The
deposit requirements, when imposed, shall remain in effect until
further notice.
The following cash deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by Golden Quality the cash deposit
rate will be the rate established in the final results of this new
shipper review; (2) for subject merchandise exported, but not
manufactured by Golden Quality, the cash deposit rate will continue to
be the Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject
merchandise manufactured by Golden Quality and exported by any other
party, the cash deposit rate will also be the Vietnam-wide rate. The
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Reimbursement of Duties
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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
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, 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.
We are issuing and publishing these administrative reviews and
notice in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Comment I: Selection of the Surrogate Country
Comment II: Surrogate Value for Whole, Live Pangasius Fish
Comment III: Surrogate Value for Fingerlings
Comment IV: Surrogate Value for Fish Feed
Comment V: Surrogate Value for Rice Husk
Comment VI: Surrogate Value for Labor
Comment VII: Surrogate Financial Ratios
Comment VIII: Surrogate Value for Lime
Comment IX: Surrogate Value for Fish Meal By-Product
Comment X: Surrogate Value for Fish Waste By-Products
Comment XI: Surrogate Value for Fresh Broken Fillets By-Product
Comment XII: Surrogate Value for Sawdust
Comment XIII: Surrogate Values for Truck Freight and Boat Freight
Comment XIV: Surrogate Value for Electricity
Comment XV: Surrogate Value for Diesel
Comment XVI: Surrogate Value for Containerization
Comment XVII: Surrogate Value for Marine Insurance
Comment XVIII: Surrogate Value for Water
Comment XIX: Surrogate Value for Brokerage and Handling
Comment XX: Surrogate Value for Salt
Comment XXI: Surrogate Values for CO Gas and Coal
Comment XXII: Vinh Hoan's Gross Weight vs. Net Weight for U.S. Sales
and FOPs
Comment XXIII: Surrogate Value for Vinh Hoan's Fish Oil By-Product
Comment XXIV: Application of the Vietnam-Wide Rate to GODACO and
Quang Minh
[FR Doc. 2014-07714 Filed 4-4-14; 8:45 am]
BILLING CODE 3510-DS-P