[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64131-64133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22386]
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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 and Partial Rescission of the Antidumping
Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department preliminarily determines that none of the
mandatory respondents in this review qualify for a separate rate and
are, therefore, considered a part of the Vietnam-Wide Entity for their
exports of subject merchandise exported to the United States during the
period of review (``POR'') August 1, 2014, through July 31, 2015. If
these preliminary results are adopted in the final results, the
Department will instruct U.S. Customs and Border Protection (``CBP'')
to assess antidumping duties on all appropriate entries of subject
merchandise during the POR. Interested parties are invited to comment
on these preliminary results.
DATES: Effective September 19, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins or Javier Barrientos,
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
or 202-482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2014, the Department initiated the 12th
administrative review of the antidumping duty order on fish fillets
from Vietnam for the period August 1, 2014, through July 31, 2015.\1\
On May 4, 2016, the Department partially extended the deadline for
issuing the preliminary results by 118 days.\2\ The revised deadline
for the preliminary results of this administrative review is now
September 6, 2016.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 60356 (October 6, 2015).
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, through
James C. Doyle, Director, Office V, Antidumping and Countervailing
Duty Operations regarding, from, Kenneth Hawkins, International
Trade Compliance Analyst, Antidumping and Countervailing Duty
Operations, ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Extension of Deadline for Preliminary Results
of 2014-2015 Antidumping Duty Administrative Review,'' dated May 4,
2016.
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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'').\3\ Although
[[Page 64132]]
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.\4\
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\3\ 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.
\4\ For a complete description of the scope of the order, see
Memorandum to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, from Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations ``Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Issues and Decision Memorandum
for the Final Results of the 11th Antidumping Duty Administrative
Review; 2013-2014,'' at 2-3 (``Issues and Decision Memorandum''),
dated concurrently with and hereby adopted by this notice.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Between December 30, 2015 and
January 4, 2016 we received timely withdrawal of review requests for 62
companies from Petitioner,\5\ Bien Dong Seafood Co., Ltd (``Bien
Dong''), and Vinh Hoan Corporation (``Vinh Hoan'').\6\ Of these 62
companies, 38 do not have any review request outstanding. Therefore, in
accordance with 19 CFR 351.213(d)(1), the Department is rescinding this
review of the antidumping duty order on certain frozen fish fillets
from the Socialist Republic of Vietnam with respect to these 38
companies.\7\ In addition the Department is rescinding the review for
two additional companies.\8\ The review will continue with respect to
the other firms for which a review was requested and initiated.
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\5\ Catfish Farmers of America and individual U.S. catfish
processors America's Catch, Alabama Catfish Inc. dba Harvest Select
Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc.
dba Pride of the Pond, and Simmons Farm Raised Catfish, Inc.
(hereinafter, ``Petitioner'').
\6\ See, e.g., Letter from Bien Dong Seafood regarding Frozen
Fish Fillets from the Socialist Republic of Vietnam: Withdrawal of
Request for Administrative Review--Bien Dong Seafood Co., Ltd.,
dated December 30, 2015; Letter from Petitioner regarding Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Partial
Withdrawal of Request for Antidumping Duty Administrative Review,
dated January 4, 2016; Letter from Vinh Hoan regarding Frozen Fish
Fillets from the Socialist Republic of Vietnam: Withdraw of Request
for Administrative Review--Vinh Hoan Corporation, dated January 4,
2016.
\7\ See Appendix II for a full list of rescinded companies.
\8\ See Issues and Decision Memorandum at 4.
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Preliminary Determination of No Reviewable Transactions
The Department has preliminarily determined that Ben Tre
Aquaproduct Import and Export Joint Stock Company, CADOVIMEX II Seafood
Import Export and Processing Joint Stock Company, and Hoang Long
Seafood Processing Company Limited had no reviewable transactions
during the POR. Consistent with our practice in non-market economy
(``NME'') cases, we will not to rescind the review, in part, in this
circumstance, but rather, complete the review with respect to these
companies and issue appropriate instructions to CBP based on the final
results of the review.\9\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''). Constructed export prices and export prices have
been calculated in accordance with section 772 of the Act. Because
Vietnam is an NME 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, 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 is available to all
parties 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 Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period August 1, 2013,
through July 31, 2014:
------------------------------------------------------------------------
Weighted-
average
margin
Exporter (dollars/
kilogram)
\10\
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Cuu Long Fish Joint Stock Company *....................... 0. 69
GODACO Seafood Joint Stock Company *...................... 0. 69
Green Farms Seafood Joint Stock Company *................. 0. 69
NTSF Seafoods Joint Stock Company *....................... 0. 69
Vietnam-Wide Entity \11\.................................. 2.39
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* These companies are separate rate respondents not individually
examined.
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
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\10\ 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).
\11\ The Vietnam-wide entity includes mandatory respondents
Golden Quality Seafood Corporation, Thuan An Production Trading and
Service Co., Ltd. and Viet Phu Foods and Fish Corporation.
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Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\12\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, must be filed within five days
after the time limit for filing case briefs.\13\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\14\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1)-(2).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street
[[Page 64133]]
and Constitution Avenue NW., Washington, DC 20230, at a date and time
to be determined. See 19 CFR 351.310(d). Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\15\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\15\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\16\ Where either a respondent's
weighted average dumping margin is zero or de minimis, or an importer-
(or customer-) specific ad valorem is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed Vietnam and non-Vietnam exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Vietnam exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the Vietnam-wide entity; and (4)
for all non-Vietnam exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Vietnam exporter that supplied that non-Vietnam
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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 the 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 double antidumping duties.
This preliminary determination is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Partial Rescission
b. Selection of Respondents
c. Preliminary Determination of No Reviewable Transactions
d. NME Country Status
e. Separate Rates
5. Recommendation
Appendix II
(1) An Giang Fisheries Import and Export Joint Stock Company (also
known as Agifish or AnGiang Fisheries Import and Export)
(2) An My Fish Joint Stock Company (also known as Anmyfish or
Anmyfishco)
(3) An Phat Seafood Co. Ltd.
(4) An Phu Seafood Corp. (also known as ASEAFOOD)
(5) Anvifish Co., Ltd.
(6) Asia Commerce Fisheries Joint Stock Company (also known as
Acomfish JSC or Acomfish)
(7) Asia Pangasius Company Limited
(8) Bentre Forestry and Aquaproduct Import Export Joint Stock
Company (also known as Ben Tre Forestry and Aquaproduct Import-
Export Company or Ben Tre Forestry Aquaproduct Import-Export Company
or Ben Tre Frozen Aquaproduct Export Company or Faquimex)
(9) Binh An Seafood Joint Stock Co.
(10) C.P. Vietnam Corporation
(11) Cafatex Corporation (CAFATEX)
(12) Can Tho Animal Fishery Products Processing Export Enterprise
(also known as Cafatex)
(13) Europe Joint Stock Company
(14) Hiep Thanh Seafood Joint Stock Co.
(15) Hoang Long Seafood Processing Co., Ltd. (HLS)
(16) Hung Vuong Corporation
(17) Hung Vuong Joint Stock Company
(18) Hung Vuong Mascato Company Limited
(19) Hung Vuong-Sa Dec Co. Ltd.
(20) Hung Vuong-Vinh Long Co., Ltd.
(21) International Development & Investment Corporation (IDI)
(22) Lian Heng Investment Co., Ltd. (also known as Lian Heng)
(23) Lian Hengg Trading Co., Ltd. (also known as Lian Heng)
(24) Nam Viet Company Ltd.
(25) Ngoc Ha Co., Ltd. Food Processing and Trading
(26) Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89
or Nha Trang Seafoods)
(27) Quang Minh Seafood Co., Ltd.
(28) Seafood Joint Stock Company No. 4-Branch Dong Tam Fisheries
Processing Company (DOTASEAFOODCO)
(29) Southern Fisheries Industries Company, Ltd. (also known as
South Vina)
(30) Southern Fishery Industries Company, Ltd. (also known as South
Vina)
(31) Sunrise Corporation
(32) TG Fishery Holdings Corporation (also known as TG)
(33) Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen Seafood
Processing Import Export Co., Ltd. or Thanh Hung)
(34) Thien Ma Seafood Co., Ltd. (also known as THIMACO)
(35) Thien Ma Seafoods Co., Ltd. (also known as THIMACO)
(36) Thien Phat Seafood Co., Ltd.
(37) Thuan An Production Trading and Services Co., Ltd. (TAFISHCO)
(38) Thuan Hung Co., Ltd. (also known as THUFICO)
(39) Vinh Long Import-Export Company (also known as Vinh Long or
Imex Cuu Long)
(40) Vinh Quang Fisheries Joint-Stock Company
[FR Doc. 2016-22386 Filed 9-16-16; 8:45 am]
BILLING CODE 3510-DS-P