[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5709-5710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02005]
[[Page 5709]]
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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 Antidumping Duty New Shipper Review;
2014-2015
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, 2014,
through January 31, 2015. The review covers one exporter of subject
merchandise: Hai Huong Seafood Joint Stock Company (``HHFISH''). The
Department has preliminarily determined that HHFISH did not sell
subject merchandise at less than normal value (``NV''). We invite
interested parties to comment on the preliminary results.
DATES: Effective Date: February 3, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, 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-
6491.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2015, the Department initiated the NSR of the
antidumping duty order on certain frozen fish fillets from Vietnam.\1\
On September 21, 2015, the Department extended the deadline for the
preliminary results until November 20, 2015.\2\ On November 20, 2015,
the Department extended the deadline for preliminary results until
December 21, 2015.\3\ On December 21, 2015, the Department extended the
deadline for preliminary results until January 20, 2016.\4\
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2014-
2015, 80 FR 17390 (April 1, 2015).
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, ``Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Preliminary Results of 2014-2015 New
Shipper Review,'' dated September 21, 2015.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, ``Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Preliminary Results of 2014-2015 New
Shipper Review,'' dated November 20, 2015.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, ``Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Preliminary Results of 2014-2015 New
Shipper Review,'' dated December 21, 2015.
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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 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 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 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\ 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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Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19
CFR 351.214. Export prices have been calculated in accordance with
section 772 of the Act. Because Vietnam is a non-market economy 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, please 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''). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 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 the Review
The Department preliminarily finds that the following margins exist
for the period August 1, 2014, to January 31, 2015.
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Weighted-average
Exporter Producer margin (dollars
per kilogram)
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Hai Huong Seafood Joint Stock Hai Huong Seafood 0.00
Company. Joint Stock
Company.
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Disclosure and Public Comments
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Interested parties may submit case briefs and/or written
comments no later than 30 days after the date of publication of the
preliminary
[[Page 5710]]
results of review.\7\ Rebuttal briefs and rebuttals to written
comments, limited to issues raised in such briefs or comments, may be
filed no later than five days after the time limit for filing the case
briefs.\8\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ 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 these preliminary results.\9\ 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.\10\
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\9\ See 19 CFR 351.310(c).
\10\ 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 Border and
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries on a per-unit basis for HHFISH. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) per-
unit duty assessment rates. 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. 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
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of subject merchandise from HHFISH 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 subject
merchandise produced and exported by HHFISH, the cash deposit rate will
be the rate established in the final results of this review (except, if
a rate is zero or de minimis, no cash deposit will be required); (2)
for subject merchandise exported by HHFISH but not manufactured by
HHFISH, the cash deposit rate will continue to be the Vietnam-wide rate
(i.e., $2.39 per kilogram); and (3) for subject merchandise
manufactured by the HHFISH, but exported by any other party, the cash
deposit rate will be the rate applicable to the exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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 these results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: January 21, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Analysis
6. Non-Market Economy Country
7. Separate Rates
8. Surrogate Country
9. Economic Comparability
10. Significant Producers of Identical or Comparable Merchandise
11. Data Availability
12. Determination of a Comparison Method
13. Fair Value Comparisons
14. U.S. Price
15. Normal Value
16. Factor Valuations
17. Currency Conversion
18. Conclusion and Recommendation
[FR Doc. 2016-02005 Filed 2-2-16; 8:45 am]
BILLING CODE 3510-DS-P