[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4544-4546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01599]
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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
Reviews; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
new shipper reviews of the antidumping duty order on certain frozen
fish fillets (``fish fillets'') from the Socialist Republic of Vietnam
(``Vietnam''). The period of review is August 1, 2013, through January
31, 2014. The review covers two companies that are producers and
exporters of subject merchandise, Nam Phuong Seafood Co., Ltd. (``Nam
Phuong'') and NTACO Corporation (``NTACO''). The Department
preliminarily determines that Nam Phuong's and NTACO's sales to the
United States were not bona fide and is preliminarily rescinding these
new shipper reviews. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Nam Phuong) or Steven
Hampton (NTACO), 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) 482-2312 or (202) 482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2014, the Department published notice of initiation of
new shipper reviews of fish fillets from Vietnam for the period August
1, 2013, through January 31, 2014.\1\ On August 20, 2014, the
Department partially extended the deadline for issuing the preliminary
results by 60 days.\2\ On October 29, 2014, the Department fully
extended the deadline for issuing the preliminary results by an
additional 60 days.\3\ The revised deadline for the preliminary results
of these new shipper reviews is January 20, 2015.\4\
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Reviews;
2013-2014, 79 FR 18666 (April 3, 2014).
\2\ 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, 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 Preliminary Results of
Antidumping Duty New Shipper Reviews of Nam Phuong Seafood Co., Ltd.
and NTACO Corporation, dated August 20, 2014.
\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: Full Extension of Deadline for
Preliminary Results of Antidumping Duty New Shipper Reviews of Nam
Phuong Seafood Co., Ltd. and NTACO Corporation, dated October 29,
2014.
\4\ Id.
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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 Reviews: Certain Frozen Fish Fillets
From the Socialist's Republic of Vietnam'' from Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated January 20, 2015
(``Preliminary Decision Memorandum''), which is hereby adopted by
this notice, for a complete description of the Scope of the Order.
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[[Page 4545]]
Methodology
The Department is conducting 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 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
(``ACCESS'').\7\ ACCESS is available to registered users at http://access.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.
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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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Bona Fides Analysis
As discussed in the bona fides memos, the Department preliminarily
finds that the sales by Nam Phuong and NTACO are not bona fide, and
that these sales do not provide a reasonable or reliable basis for
calculating dumping margins.\8\ With respect to Nam Phuong, the
Department reached this conclusion based on the totality of
circumstances, namely: (a) The atypical nature of Nam Phuong's price;
(b) the atypical involvement of other entities in the sale; (c)
atypical circumstances surrounding production; and (d) late payment.
With respect to NTACO, the Department reached this conclusion based on
the totality of circumstances, namely: (a) The atypical nature of
NTACO's price; (b) the atypical involvement of another entity in the
sale; (c) atypical circumstances surrounding production; and (d) late
payment. Because these non-bona fide sales were the only sales of
subject merchandise that Nam Phuong and NTACO made during the POR, the
Department is preliminarily rescinding these new shipper reviews.
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\8\ See Memorandum to James C. Doyle, Director, Office V,
Antidumping and Countervailing Duty Operations, through Scot T.
Fullerton, Program Manager, Office V, Antidumping and Countervailing
Duty Operations, From Matthew Renkey, Senior International Trade
Compliance Analyst, Office V, titled ``New Shipper Review of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Bona
Fide Nature of Nam Phuong Seafood Co., Ltd.'s Sale,'' dated
concurrently and hereby adopted by this notice; Memorandum to James
C. Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations, through Scot T. Fullerton, Program Manager, Office V,
Antidumping and Countervailing Duty Operations, from Steven Hampton,
International Trade Compliance Analyst, Office V, titled ``New
Shipper Review of Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Bona Fide Nature of NTACO Corporation's Sale,''
dated concurrently and hereby adopted by this notice.
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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 these reviews. Interested parties may submit case briefs no
later than 30 days after the date of publication of the preliminary
results.\10\ Rebuttal briefs, limited to issues raised in case 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 http://enforcement.trade.gov/download/access/home.html.
\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 these new
shipper reviews, 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 U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. If we proceed to a final rescission of these new shipper
reviews, Nam Phuong's and NTACO's entries will be assessed at the rate
entered.\14\ If we do not proceed to a final rescission of these new
shipper reviews, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer) assessment rates on a per unit
basis.\15\ We will instruct CBP to assess antidumping duties on all
appropriate entries covered by these reviews if any importer-specific
assessment rate calculated in the final results of these reviews 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 in the Federal Register. The final results of these reviews
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of these reviews and for
future deposits of estimated duties, where applicable.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of these new shipper reviews, 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 Nam Phuong
and NTACO. If the Department proceeds to a final rescission of these
new shipper reviews, the cash deposit rate will continue to be the per-
unit Vietnam-wide rate for Nam Phuong and NTACO because the Department
will not have determined an individual margin of dumping for Nam Phuong
and NTACO. If the Department issues final results for these new shipper
reviews, 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
[[Page 4546]]
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: January 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Conclusion
[FR Doc. 2015-01599 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P