[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15181-15183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05934]
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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2016, the Department of Commerce (the
Department) published the preliminary results of the 12th
administrative review of the antidumping duty order on certain frozen
fish fillets (fish fillets) from the Socialist Republic of Vietnam
(Vietnam). 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 from the preliminary results.
Specifically, we have modified the list of companies rescinded from
this administrative review. The final dumping margins are listed below
in the ``Final Results of the Review'' section of this notice. The
period of review (POR) is August 1, 2014, through July 31, 2015.
DATES: Effective March 27, 2017.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202-482-6491.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 19,
2016.\1\ Between October 19 and February 14, 2017, interested parties
submitted case and rebuttal briefs. On February 24, 2017, the
Department held a public hearing limited to issues raised in the case
and rebuttal briefs.
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131
(September 19, 2016) (Preliminary Results).
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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).\2\ Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.\3\
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\2\ 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.
\3\ For a complete description of the scope of the order, see
Memorandum to Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, from James
Doyle, Director, Office V, 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 Twelfth Antidumping Duty Administrative Review; 2014-
2015,'' 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
[[Page 15182]]
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 B8024 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). 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.
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 have not
changed the margins assigned in the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, the Department 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 (collectively, the No
Shipment Companies) had no reviewable transactions during the POR.
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.\4\ Based on the certifications submitted
by these companies, we continue to find that they 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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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Vietnam-Wide Entity
We noted in the Preliminary Results that a review was requested,
but not rescinded, for Golden Quality Seafood Corporation (Golden
Quality), Thuan An Production and Trading and Services Co., Ltd.
(Tafishco), Viet Phu Foods and Fish Co., Ltd. (Viet Phu). Additionally,
consistent with the Department's practice to assign the Vietnam-wide
rate to companies that do not submit separate rate certifications or
applications and, thus, are not eligible for separate rate status, we
are assigning the Vietnam-wide entity status to Anvifish Joint Stock
Company (Anvifish) and Basa Joint Stock Company (Basaco).
Partial Rescission of Administrative Review
In accordance with 19 CFR 351.213(d)(3) and 19 CFR 351.401(f), and
in accordance with our decision in Comment 4 of the Issues and Decision
Memorandum, the Department is rescinding this review with respect to
QVD Food Company Ltd., QVD Dong Thap Food Co., Ltd. (also known as Dong
Thap), and Thuan Hung Co., Ltd. (also known as THUFICO), collectively
(QVD). In accordance with Comment 5 of the Issues and Decision
Memorandum, as of the Preliminary Results, we rescinded this review
with respect to Bien Dong Seafood Co., Ltd., Hai Huong Seafood Joint
Stock Company, Hung Vuong Seafood Joint Stock Company, Vinh Hoan
Corporation, and Vinh Quang Fisheries Corporation.
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margins
(dollars/
kilogram)
\5\
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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 \6\..................................... 2.39
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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.
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\5\ 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, 15481 (March 24, 2008).
\6\ The Vietnam-wide entity includes mandatory respondents
Anvifish, Basaco, Golden Quality, Tafishco, and Viet Phu, as well as
Can Tho Import-Export Seafood Joint Stock Company (Caseamex).
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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 kilogram) rates by the
weight in kilograms 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 the No Shipment Companies did not
have any reviewable transactions during the POR. As a result, any
suspended entries that entered under these exporters' case numbers
(i.e., at each exporter's rate) will be liquidated at the Vietnam-wide
rate.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memo 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 previously investigated or reviewed
Vietnamese and non-Vietnamese exporters not listed above that have
separate rates, the cash deposit rate will
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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 kilogram; 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: March 20, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
Comment 1: Assignment of Vietnam-Wide Rate to Caseamex
Comment 2: Assignment of Vietnam-Wide Rate to Mandatory Respondents
Comment 3: The Vietnam-Wide Rate Applied Need Not Be Corroborated
Comment 4: Treatment of HVG and the QVD Companies
Comment 5: Ministerial Errors
[FR Doc. 2017-05934 Filed 3-24-17; 8:45 am]
BILLING CODE 3510-DS-P