[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40059-40062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16311]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the
[[Page 40060]]
tenth administrative review of the antidumping duty order on certain
frozen fish fillets (``fish fillets'') from the Socialist Republic of
Vietnam (``Vietnam'').\1\ The Department preliminarily determines that
the Hung Vuong Group (``HVG'') \2\ sold subject merchandise in the
United States at prices below normal value (``NV'') during the period
of review (``POR'') August 1, 2012, through July 31, 2013. With respect
to Anvifish Joint Stock Company (``Anvifish''), this exporter failed to
establish that it is separate from the Vietnam-wide entity. As a
result, the Vietnam-wide entity is now under review.\3\ We are
preliminarily applying adverse facts available (``AFA'') to the
Vietnam-wide entity because an element of the entity, Anvifish, failed
to act to the best of its ability in complying with the Department's
request for information in this review within the established
deadlines, significantly impeded the proceeding, and provided
information that cannot be verified. 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 Department previously found that An Giang Fisheries
Import & Export Joint Stock Company (``Agifish'') is a member of the
Hung Vuong Group, which also includes 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. See Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam: Final Results of the
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014).
\3\ On November 4, 2013, the Department announced a change in
practice with respect to the conditional review of the NME entity.
See Antidumping Proceedings; Announcement of Change in Department
Practice for Respondent Selection in Antidumping Duty Proceedings
and Conditional Review of the Nonmarket Economy Entity in NME
Antidumping Proceedings, 78 FR 65963 (Nov. 4, 2013). This review
initiated before this change in practice became effective;
therefore, the Department's new practice does not apply to this
segment.
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DATES: Effective Date: July 11, 2014.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, 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 202-482-0413
or 202-482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department initiated the tenth
administrative review of the antidumping duty order on fish fillets
from Vietnam for the period August 1, 2012, through July 31, 2013.\4\
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\ On March 26,
2014, the Department partially extended the deadline for issuing the
preliminary results by 30 days.\6\ On June 11, 2014, the Department
partially extended the deadline for issuing the preliminary results by
14 days.\7\ The revised deadline for the preliminary results of this
administrative is now July 2, 2014.
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
60834 (October 2, 2013) (``Initiation Notice''). On November 8,
2013, the Department published a second notice to list two companies
that were inadvertently omitted from the Initiation Notice. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 78 FR 67104 (November 8,
2013).
\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).
\6\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated
March 26, 2014.
\7\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated
June 11, 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'').\8\
Although the HTSUS subheading is provided for convenience and Customs
purposes, our written description of the scope of the order is
dispositive.\9\
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\8\ 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.
\9\ See ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Decision Memorandum for the Preliminary Results
of the 2012-2013 Antidumping Duty Administrative Review,'' dated
concurrently with and hereby adopted by this notice (``Preliminary
Decision Memorandum''), for a complete description of the Scope of
the Order.
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Preliminary Determination of No Shipments
On December 11, 2013, the following companies filed no-shipment
certifications indicating that they did not export subject merchandise
to the United States during the POR: An Giang Agriculture and Food
Import-Export Joint Stock Company; Golden Quality Seafood Corporation;
Hoa Phat Seafood Import-Export and Processing J.S.C.; and To Chau Joint
Stock Company. Based on the certifications submitted by the above
companies, and our analysis of the CBP information, we preliminarily
determine that An Giang Agriculture and Food Import-Export Joint Stock
Company, Golden Quality Seafood Corporation, Hoa Phat Seafood Import-
Export and Processing J.S.C., and To Chau Joint Stock Company \10\ did
not have any reviewable transactions during the POR. The Department
finds that consistent with its practice in non-market economy (``NME'')
cases, it is appropriate not to rescind the review in part in this
circumstance but, rather, to complete the review with respect to the
above named companies and issue appropriate instructions to CBP based
on the final results of the review.\11\
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\10\ See Memorandum to the File through Scot T. Fullerton,
Program Manager, Office V, Enforcement and Compliance, through
Steven Hampton, International Trade Compliance Analyst, Office V,
Enforcement and Compliance, regarding ``2012-2013 Administrative
Review of Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam,'' dated February 28, 2014.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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[[Page 40061]]
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) 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 an NME within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
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 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 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://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period August 1, 2012,
through July 31, 2013:
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Weighted-average
Exporter margin (dollars/
kilogram) \12\
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Hung Vuong Group \13\............................... 0.58
An Giang Agriculture and Food Import-Export Joint (*)
Stock Company......................................
Asia Commerce Fisheries Joint Stock Company......... 0.58
Binh An Seafood Joint Stock Company................. 0.58
Cadovimex II Seafood Import-Export and Processing 0.58
Joint Stock Company................................
Can Tho Import-Export Joint Stock Company........... 0.58
C.P. Vietnam Corporation............................ 0.58
Cuu Long Fish Joint Stock Company................... 0.58
Dai Thanh Seafoods Company Limited.................. 0.58
Fatifish Company Limited............................ 0.58
GODACO Seafood Joint Stock Company.................. 0.58
Golden Quality Seafood Corporation.................. (*)
Hiep Thanh Seafood Joint Stock Company.............. 0.58
Hoang Long Seafood Processing Company Limited....... 0.58
Hoa Phat Seafood Import-Export and Processing J.S.C. (*)
International Development and Investment Corporation 0.58
Nam Viet Corporation................................ 0.58
Ngoc Ha Co., Ltd. Foods Processing and Trading...... 0.58
NTSF Seafoods Joint Stock Company................... 0.58
Quang Minh Seafood Company Limited.................. 0.58
QVD Food Company Ltd.\14\........................... 0.58
Saigon-Mekong Fishery Co., Ltd...................... 0.58
Southern Fisheries Industries Company Ltd........... 0.58
TG Fishery Holdings Corporation..................... 0.58
Thien Ma Seafood Company Limited.................... 0.58
Thuan An Production Trading and Services Co., Ltd... 0.58
To Chau Joint Stock Company......................... (*)
Vinh Quang Fisheries Joint-Stock Company............ 0.58
Vietnam-Wide Rate \15\.............................. 2.39
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* No Shipments or sales to this review, and the firm has an individual
rate from a prior segment of the proceeding in which the firm had
shipments or sales.
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
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\12\ 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).
\13\ 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.
\14\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the
second review of this order, the Department found QVD, Dong Thap and
THUFICO to be a single entity, and because there has been no
evidence submitted on the record of this review that calls this
determination into question, 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).
\15\ The Vietnam-wide rate includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Seafoods Limited Liability
Company and Anvifish Joint Stock Company.
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Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\16\ 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.\17\ 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)
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a table of authorities.\18\ Parties submitting briefs should do so
pursuant to the Department's electronic filing system, IA ACCESS.
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d)(1)-(2).
\18\ 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.\19\ 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.\20\
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, 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.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\21\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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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 this review, 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 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 the
rate calculated for HVG.\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 refined 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 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
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 this review (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. 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) and 777(i)(1) of the Act.
Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
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. Non-Market Economy Country Status
5. Separate Rates
6. Vietnam-Wide Entity
7. Surrogate Country
8. Determination of Comparison Method
9. Results of Differential Pricing Analysis
10. Comparisons to Normal Value
11. U.S. Price
12. Normal Value
13. Factor Valuations
14. Currency Conversion
[FR Doc. 2014-16311 Filed 7-10-14; 8:45 am]
BILLING CODE 3510-DS-P