[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71748-71749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28459]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Rescission of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
Preliminary Rescission for the new shipper review (``NSR'') of the
antidumping duty order on certain frozen fish fillets from the
Socialist Republic of Vietnam (``Vietnam'') on July 14, 2014.\1\ The
period of review (``POR'') is August 1, 2012, through July 31, 2013. As
discussed below, we preliminarily found that Thanh Hung Co., Ltd. D/B/A
Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.'s (``Thanh
Hung'') sale was non-bona fide, and announced our preliminary intent to
rescind Thanh Hung's NSR. For the final results of this review, we
continue to find Thanh Hung's sale to be non-bona fide. Therefore,
because there were no other shipments or entries by Thanh Hung during
the POR, we are rescinding this NSR.
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Preliminary Intent To Rescind Antidumping Duty New
Shipper Review; 2012-2013, 79 FR 40710 (July 14, 2014)
(``Preliminary Rescission'').
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DATES: Effective Date: December 3, 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
As noted above, on July 14, 2014, the Department published the
Preliminary Rescission of this NSR. Thereafter, the Department extended
the time period for issuing the final results to December 1, 2014.\2\
On October 2, 2014, the Department received a case brief from Thanh
Hung.\3\ On October 6, 2014, the Department received a rebuttal brief
from the Catfish Farmers of America and individual U.S. catfish
processors (``Petitioners'').\4\ On November 13, 2014,
[[Page 71749]]
the Department conducted a public hearing regarding the NSR.
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\2\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Susan S. Pulongbarit, Sr.
International Trade Analyst, Office V, Antidumping and
Countervailing Duty Operations, regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Extension of
Deadline for Final Results of Antidumping Duty New Shipper Review of
Thanh Hung Co., Ltd., dated September 18, 2014.
\3\ See Letter from Thanh Hung to the Department regarding
Refile & Redacted Direct Case Brief: New Shipper Review of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Review
Period--8/1/12-7/31/13, dated October 2, 2014 (``Thanh Hung Case
Brief''). We note that this is a refiled and redacted case brief.
See Memo to File, from Susan Pulongbarit, Sr. International Trade
Analyst, regarding New Shipper Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: New Factual Information,
dated October 3, 2014.
\4\ See Letter from Petitioners to the Department regarding
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Rebuttal Brief, dated October 6, 2014 (``Petitioners Rebuttal
Brief'').
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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.
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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.
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For a full description of the scope, see ``Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Issues and Decision
Memorandum for the Final Results of New Shipper Review,'' dated
concurrently with this notice (``I&D Memo'').
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the I&D Memo, which is hereby adopted by this Notice. 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 (``ACCESS'').\6\ ACCESS is available to registered users
at http://access.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://trade.gov/enforcement/frn/index.html. The signed I&D Memo and
the electronic versions of the I&D Memo are identical in content.
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\6\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046.
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Bona Fide Analysis
For the Preliminary Rescission, the Department analyzed the bona
fides of Thanh Hung's sale and preliminarily found it to be non-bona
fide.\7\ Based on the Department's complete analysis of all the
information and comments on the record of this review regarding the
bona fides of Thanh Hung's NSR sale, the Department continues to find
Thanh Hung's sale to be non-bona fide because of (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\ The Department did not
base its analysis on any one factor but instead examined the totality
of the evidence and comments on the record of this review to determine
that Thanh Hung's sale was not bona fide.
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\7\ 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.
\8\ Id.
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Rescission of New Shipper Review
For the foregoing reasons, the Department finds that the sale of
Thanh Hung is non-bona fide and that this sale does not provide a
reasonable or reliable basis for calculating a dumping margin. Because
a non-bona fide sale was the only sale of subject merchandise during
the POR, the Department is rescinding this NSR pursuant to section
351.214(f) of the Department's regulations.
Cash Deposit Rates
The following cash deposit requirements continue to apply for all
shipment of subject merchandise from Thanh Hung entered, or withdrawn
from warehouse: (1) For subject merchandise produced and exported by
Thanh Hung, the cash deposit rate will continue to be the Vietnam-wide
rate (i.e., 2.39 U.S. Dollars/kg); (2) for subject merchandise exported
by Thanh Hung but not manufactured by Thanh Hung, the cash deposit rate
will continue to be the Vietnam-wide rate (i.e., 2.39 U.S. Dollars/kg);
and (3) for subject merchandise manufactured by Thanh Hung, but
exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirements shall
remain in effect until further notice.
Administrative Protective Order
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 this new shipper review and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.214.
Dated: November 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment: Bona Fide Nature of the Sale Under Review
Recommendation
[FR Doc. 2014-28459 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P