[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2394-2397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00649]
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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; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
Preliminary Results of the tenth administrative review of the
antidumping duty order on certain frozen fish fillets (``fish
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on July
11, 2014.\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 Review'' section of this notice.
The period of review (``POR'') is August 1, 2012, through July 31,
2013.
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of the Antidumping Duty
Administrative Review; 2012-2013, 79 FR 40059 (July 11, 2014)
(``Preliminary Results''), and accompanying Preliminary Decision
Memorandum.
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DATES: Effective January 16, 2015.
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
The Department published the Preliminary Results on July 11,
2014.\2\ Between September 19 and October 2, 2014, interested parties
submitted case and rebuttal briefs. On October 22, 2014, the Department
extended the deadline for the final results to December 11, 2014.\3\ On
November 12, 2014, the Department held a closed hearing and a public
hearing limited to issues raised in the case and rebuttal briefs. On
November 19, 2014, the Department fully extended the deadline for the
final results to January 7, 2015.\4\
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\2\ See Preliminary Results.
\3\ 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 Steven Hampton, International
Trade Compliance 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 Administrative Review, dated October 22,
2014.
\4\ 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 Steven Hampton, International
Trade Compliance Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Second Extension of Deadline for
Final Results of Antidumping Duty Administrative Review, dated
November 19, 2014.
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[[Page 2395]]
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 code
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including
basa and tra), and may enter under tariff article codes 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States
(``HTSUS'').\5\ Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.\6\
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\5\ Until June 30, 2004 these products were classifiable under
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057.
From July 1, 2004 until December 31, 2006 these products were
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until
December 31, 2011 these products were classifiable under HTSUS
0304.29.6033. On March 2, 2011 the Department added two HTSUS
numbers at the request of U.S. Customs and Border Protection
(``CBP'') that the subject merchandise may enter under: 1604.19.2000
and 1604.19.3000, which were changed to 1604.19.2100 and
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department
added the following HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100.
\6\ For a complete description of the scope of the order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, regarding
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Issues and Decision Memorandum for the Final Results of the Tenth
Antidumping Duty Administrative Review; 2012-2013, at 2-3 (``Issues
and Decision Memorandum''), dated concurrently with and hereby
adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. A list
of the issues which parties raised is attached to this notice as an
appendix. The Issues and Decision Memorandum 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'').\7\ ACCESS is
available to registered users at http://access.trade.gov and in the
CRU. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of its centralized electronic service system to 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
centralized electronic service system to ACCESS in the Department's
regulations can be found at 79 FR 69046 (November 20, 2014).
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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 Issues and Decision Memorandum, we revised the
margin calculation for HVG.\8\ The Surrogate Values Memo contains
further explanation of our changes to the surrogate values selected for
HVG's factors of production.\9\ The Department also has revised the
separate rate status for Can Tho Import-Export Joint Stock Company
(``CASEAMEX'').\10\
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\8\ The Hung Vuong Group, or ``HVG,'' includes: An Giang
Fisheries Import & 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. 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) and accompanying Issues and
Decision Memorandum at 3.
\9\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office V, Enforcement & Compliance, from Paul
Walker, Case Analyst, regarding Tenth Administrative Review of
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results, dated concurrently with and
hereby adopted by this notice.
\10\ See accompanying company-specific analysis memoranda, dated
concurrently with and hereby adopted by this notice.
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Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that An Giang Agriculture and Food Import-Export Joint Stock Company
(``Afiex''); Golden Quality Seafood Corporation (``Golden Quality'');
Hoa Phat Seafood Import-Export and Processing J.S.C. (``Hoa Phat'');
and To Chau Joint Stock Company (``To Chau'') did not have any
reviewable transactions during the POR.\11\ 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.\12\ Based on the certifications submitted by
Afiex, Golden Quality, Hoa Phat, and To Chau, and our analysis of CBP
information, we continue to determine that these companies did not have
any reviewable transactions during the POR. As noted in the
``Assessment Rates'' section below, the Department intends to issue
appropriate instructions to CBP for the above-named companies based on
the final results of the review.
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\11\ See Preliminary Results, 79 FR at 40060.
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Application of Adverse Facts Available and the Rate Assigned to the
Vietnam-Wide Entity
As stated in the Preliminary Results, the Vietnam-wide entity,
which includes Anvifish Joint Stock Company (``Anvifish''), failed to
cooperate to the best of its ability in providing requested information
because it withheld requested information, failed to provide the
information in a timely manner and in the form requested, and
significantly impeded this proceeding.\13\ The Department has not
received any information since the Preliminary Results that calls into
question that earlier determination. Accordingly, pursuant to sections
776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of
1930, as amended (``the Act''), we continue to find it appropriate to
assign the Vietnam-wide entity a rate based on total adverse facts
available (``AFA'').
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\13\ See Preliminary Decision Memorandum, at 8-12.
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Final Results of the Review
The dumping margins for the final results of this administrative
review are as follows:
[[Page 2396]]
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Margins
Exporter (dollars/
kilogram) \14\
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Hung Vuong Group \15\................................... 0.97
An Giang Agriculture and Food Import-Export Joint Stock (*)
Company................................................
Asia Commerce Fisheries Joint Stock Company............. 0.97
Binh An Seafood Joint Stock Company..................... 0.97
Cadovimex II Seafood Import-Export and Processing Joint 0.97
Stock Company..........................................
C.P. Vietnam Corporation................................ 0.97
Cuu Long Fish Joint Stock Company....................... 0.97
Dai Thanh Seafoods Company Limited...................... 0.97
Fatifish Company Limited................................ 0.97
GODACO Seafood Joint Stock Company...................... 0.97
Golden Quality Seafood Corporation...................... (*)
Hiep Thanh Seafood Joint Stock Company.................. 0.97
Hoang Long Seafood Processing Company Limited........... 0.97
Hoa Phat Seafood Import-Export and Processing J.S.C..... (*)
International Development and Investment Corporation.... 0.97
Nam Viet Corporation.................................... 0.97
Ngoc Ha Co., Ltd. Foods Processing and Trading.......... 0.97
NTSF Seafoods Joint Stock Company....................... 0.97
Quang Minh Seafood Company Limited...................... 0.97
QVD Food Company Ltd. \16\.............................. 0.97
Saigon-Mekong Fishery Co., Ltd.......................... 0.97
Southern Fisheries Industries Company Ltd............... 0.97
TG Fishery Holdings Corporation......................... 0.97
Thien Ma Seafood Company Limited........................ 0.97
Thuan An Production Trading and Services Co., Ltd....... 0.97
To Chau Joint Stock Company............................. (*)
Vinh Quang Fisheries Joint-Stock Company................ 0.97
Vietnam-Wide Rate \17\.................................. 2.39
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* No Shipments or sales in this review, and the firm has an individual
rate from a prior segment of the proceeding in which the firm had
shipments or sales.
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with section 351.224(b) of the Department's
regulations.
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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 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.
\16\ 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).
\17\ The Vietnam-wide rate also includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Sea Seafoods Limited Liability
Company and Anvifish Joint Stock Company. The Vietnam-wide rate also
includes Can Tho Import-Export Joint Stock Company.
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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
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, Golden Quality, Hoa Phat, and
To Chau did not have any reviewable transactions during the POR. As a
result, any suspended entries that entered under these exporter's case
numbers (i.e., at that exporter's rate) will be liquidated at the
Vietnam-wide rate.\18\
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\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memorandum, at 4-5.
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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
[[Page 2397]]
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 $2.39 per
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.
Notification to Importers Regarding the 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.
Notification Regarding 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 these administrative reviews and
notice in accordance with sections 751(a)(l) and 777(i) of the Act.
Dated: January 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Decision Memorandum
General Issues
I. Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Considerations
II. Surrogate Value for Whole, Live Fish
III. Fingerlings
A. Surrogate Value for Fingerlings
B. Fingerling Yield Loss
C. Rejection of Fingerling Data
IV. Surrogate Value for Fish Feed
V. Surrogate Value for Lime
VI. Surrogate Value for Antibiotics
VII. Surrogate Value for Nutrition
VIII. Surrogate Value for Salt
IX. Surrogate Value for Preservatives
X. Surrogate Value for Plastic Bags
XI. Surrogate Value for Tape
XII. Surrogate Value for Strap
XIII. Surrogate Value for Electricity
XIV. Surrogate Value for Diesel
XV. Surrogate Value for Water
XVI. Surrogate Value for Labor
XVII. Movement Expenses
A. Surrogate Value for Truck Freight
B. Surrogate Value for Brokerage and Handling
C. Surrogate Value for International Freight
D. Surrogate Value for Boat Freight
XVIII. Financial Ratios
XIX. Surrogate Value for Pangasius By-Products
Company Specific Issues
XX. Proper Reporting Period for HVG's Factors of Production
XXI. CASEAMEX--Separate Rate Status
XXII. Clerical Error--Draft CBP Instructions
XXIII. Clerical Error--Customer Code
[FR Doc. 2015-00649 Filed 1-15-15; 8:45 am]
BILLING CODE 3510-DS-P