[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40710-40712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Intent To Rescind Antidumping Duty New Shipper
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review (``NSR'') of the antidumping duty order on certain
frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam''). The period of review (``POR'') is August 1, 2012,
through July 31, 2013. The review covers one producer and exporter of
subject merchandise, Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen
Seafood Processing Import Export Co., Ltd. (``Thanh Hung''). The
Department preliminarily determines that Thanh Hung's sale to the
United States was not bona fide and is preliminarily rescinding this
NSR. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: July 14, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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-
4031.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2013, the Department initiated an NSR of fish
fillets from Vietnam for the period August 1, 2012, through July 31,
2013.\1\ 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,
[[Page 40711]]
through October 16, 2013.\2\ On March 19, 2014, the Department extended
the time period for issuing the preliminary results by 71 days.\3\ On
June 11, 2014, the Department partially extended the deadline for
issuing the preliminary results by 14 days.\4\ The revised deadline for
the preliminary results of this new shipper review is now July 2, 2014.
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Review, 78 FR
59915 (September 30, 2013).
\2\ See Memorandum to the File, ``Frontseating Service Valves
From the People's Republic of China: Tolling of Deadlines for
Shutdown of the Federal Government,'' dated October 22, 2013.
\3\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations from Susan
Pulongbarit, International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. dated March 19, 2014.
\4\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations from Susan
Pulongbarit, International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. 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'').\5\
Although the HTSUS subheading is provided for convenience and customs
purposes, our written description of the scope of the order 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 ``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets
from the Socialist's Republic of Vietnam'' from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated June 18, 2014 (``Preliminary Decision
Memorandum'') and hereby adopted by this notice, for a complete
description of the Scope of the Order.
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Methodology
The Department conducted these reviews in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19
CFR 351.214. For a full description of the methodology underlying our
conclusions, see the Appendix accompanying this notice and 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 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/enforcement/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Bona Fide Analysis
As discussed in the bona fide memo, the Department preliminarily
finds that the sale by Thanh Hung is not a bona fide sale and that the
sale does not provide a reasonable or reliable basis for calculating a
dumping margin.\7\ Specifically, the Department reached this conclusion
based on the totality of circumstances, namely: (a) The atypical nature
of Thanh Hung's price and quantity; (b) extraordinary expenses arising
from the transaction; (c) the importer's regular commercial interest;
(d) atypical circumstances surrounding production; and (e) unreported
connections to other entities.\8\ Because this non-bona fide sale was
the only sale of subject merchandise during the POR, the Department is
preliminarily rescinding the NSR.
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\7\ See Memorandum to James Doyle, Director, Office V,
Antidumping and Countervailing Duty Operations, through Scot T.
Fullerton, Program Manager, Office V, Antidumping and Countervailing
Duty Operations, from Susan Pulongbarit, International Trade
Analyst, titled ``New Shipper Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Bona Fide Nature of Thanh
Hung Co., Ltd.'s Sale,'' dated concurrently and hereby adopted by
this notice.
\8\ See id.
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Disclosure and Public Comments
The Department will disclose analysis performed to parties to the
proceeding within five days after the date of publication of this
notice.\9\
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\9\ See 19 CFR 351.224(b).
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Interested parties are invited to comment on the preliminary
results of this review. Interested parties may submit case briefs no
later than 30 days after the date of publication of the preliminary
results of review.\10\ Rebuttal briefs, limited to issues raised in
such briefs, may be filed no later than five days after the time limit
for filing the case briefs.\11\
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\10\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written
comments must submit them pursuant to the Department's e-filing
regulations. See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
\11\ See 19 CFR 351.309(d)(1)-(2).
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Any interested party may request a hearing within 30 days of
publication of the preliminary results in the Federal Register.\12\
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,
1401 Constitution Avenue NW., Washington, DC 20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this NSR,
which will include the results of its analysis of issues raised in all
comments and at any hearing, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR
351.212(b), the Department will determine, and CBP shall assess,
antidumping duties on all appropriate entries. If we proceed to a final
rescission of this NSR, Thanh Hung's entry will be assessed at the rate
entered.\14\ If we do not proceed to a final rescission of this NSR,
pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific
(or customer) assessment rates on a per unit basis.\15\
[[Page 40712]]
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above de minimis.\16\
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\14\ See 19 CFR 351.212(c).
\15\ In the third administrative review, 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).
\16\ See 19 CFR 351.106(c)(2).
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In either case, the Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue
the option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise by Thanh Hung. If the Department
proceeds to a final rescission of this NSR, the cash deposit rate will
continue to be the per-unit Vietnam-wide rate for Thanh Hung because
the Department will not have determined an individual margin of dumping
for Thanh Hung. If the Department issues final results for this NSR,
the Department will instruct CBP to collect cash deposits, effective
upon the publication of the final results, at the rates established
therein.
Notification to Interested Parties
This notice 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 this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) 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. Background
2. Scope of the Order
3. Bona Fides Analysis
[FR Doc. 2014-16422 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P