Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Review; 2011-2012, 55676-55679 [2013-22123]
Download as PDF
<![CDATA[
55676
Notices
Federal Register
Vol. 78, No. 176
Wednesday, September 11, 2013
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Illinois
Advisory Committee for Fact Finding
on Immigrant Communities in Illinois
AGENCY:
ACTION:
Commission on Civil Rights.
Notice of meeting.
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Illinois Advisory Committee
(Committee) will hold a fact finding
meeting on Monday, September 23,
2013, for the purpose of gathering
information and hearing
recommendations regarding the civil
rights implications of the
comprehensive immigration reform bill
on Illinois’ immigrant communities. The
purpose of the meeting will be to hear
statements about whether the bill, if
passed, would or could disparately
impact categories of individuals or
create unequal opportunities. The
meeting will also address whether the
bill remedies existing civil rights
concerns of immigrant communities.
The testimony presented at the meeting
will address these research goals.
Members of the public are invited and
welcomed to make statements into the
record at the meeting starting at 4:00
p.m. Members of the public are also
entitled to submit written comments;
the comments must be received in the
regional office by October 23, 2013.
Written comments may be mailed to the
Midwestern Regional Office, U.S.
Commission on Civil Rights, 55 W.
Monroe St., Suite 410, Chicago, IL
60615. They may also be faxed to the
Commission at (312) 353–8311, or
emailed to the Commission at callen@
usccr.gov. Persons who desire
additional information may contact the
Midwestern Regional Office at (312)
353–8311.
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:50 Sep 10, 2013
Jkt 229001
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact the Midwestern Regional
Office at least ten (10) working days
before the scheduled date of the
meeting.
Records generated from this meeting
may be inspected and reproduced at the
Midwestern Regional Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available via www.facadatabase.gov
under the Commission on Civil Rights,
Illinois Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s Web site, https://
www.usccr.gov, or may contact the
Midwestern Regional Office at the above
email or street address.
Agenda
The meeting will consist of panels of
presenters offering testimony about the
topic. Scheduled presenters include
Chicago immigration attorney Mike
Jarecki, Lisa Palumbo of the Legal
Assistance Foundation, DePaul College
of Law Professor R. Linus Chan, Chicago
lawyer Tejas Shah, representatives from
the National Immigrant Justice Center
and Advancing Justice-Chicago, and
other experts representing various
viewpoints and positions on the topic.
The meeting will be held on
Monday, September 23, 2013, at 11:00
a.m. until 5:00 p.m.
DATES:
The meeting will be held at
´
DePaul University’s North Cafe Room,
1 E. Jackson Blvd., 11th Floor, Chicago,
IL 60604.
ADDRESSES:
Dated: September 6, 2013.
David Mussatt,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 2013–22108 Filed 9–10–13; 8:45 am]
BILLING CODE 6335–01–P
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results of the
Antidumping Duty Administrative
Review and New Shipper Review;
2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is conducting the
ninth administrative review and
eleventh new shipper review (‘‘NSR’’) of
the antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).1 The Department has
preliminarily determined that new
shipper review respondent, Golden
Quality Seafood Corporation (‘‘Golden
Quality’’), as well as administrative
review mandatory respondents, Hung
Vuong Group (‘‘HVG’’) 2 and Vinh Hoan
Corporation (‘‘Vinh Hoan’’),3 sold
subject merchandise in the United
States at prices below normal value
(‘‘NV’’) during the period of review
(‘‘POR’’) August 1, 2011, through July
31, 2012. 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 Date: September 11,
2013.
AGENCY:
Julia
Hancock (Vinh Hoan), Alex Montoro
(Golden Quality) or Paul Walker (HVG),
AD/CVD Operations, Office 9, Import
Administration, International Trade
FOR FURTHER INFORMATION CONTACT:
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003) (‘‘Order’’).
2 The Hung Vuong Group includes: An Giang
Fisheries Import and Export Joint Stock Company,
Asia Pangasius Company Limited, Ben Tre Forestry
and Aquaproduct Import-Export JSC, 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.
3 Vinh Hoan includes Vinh Hoan Corporation and
its affiliates Van Duc Food Export Joint Company
(‘‘Van Duc’’) and Van Duc Tien Giang (‘‘VDTG’’).
E:\FR\FM\11SEN1.SGM
11SEN1
55677
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202–482–1394, 202–482–
0238 or 202–482–0413, respectively.
SUPPLEMENTARY INFORMATION:
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. The
products are classifiable under tariff
article codes 1604.19.4000,
1604.19.5000, 0305.59.4000,
0304.29.6033 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).4
Although the HTSUS subheading is
provided for convenience and Customs
purposes, our written description of the
scope of the order is dispositive.5
Methodology
The Department has conducted these
reviews in accordance with sections
751(a)(1)(B) and 751(a)(2)(A)–(B) 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 a non-market
economy (‘‘NME’’) within the meaning
of section 771(18) of the Act, NV has
been calculated in accordance with
section 773(c) of the Act. Specifically,
the administrative review mandatory
respondents’ and NSR respondent’s
factors of production have been valued
using surrogate values from Indonesia,
which is economically comparable to
Vietnam and is a significant producer of
comparable merchandise.
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 Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties 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 https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
Regarding the administrative review,
the Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period August 1, 2011, through July 31,
2012:
Weighted-average
margin
(dollars/kilogram) 6
Exporter
emcdonald on DSK67QTVN1PROD with NOTICES
Vinh Hoan Corporation 7 ................................................................................................................................................................
Hung Vuong Group 8 .....................................................................................................................................................................
An My Fish Joint Stock Company .................................................................................................................................................
Anvifish Joint Stock Company 9 .....................................................................................................................................................
Asia Commerce Fisheries Joint Stock Company ..........................................................................................................................
Binh An Seafood Joint Stock Company ........................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..............................................................................
Cantho Import-Export Seafood Joint Stock Company ..................................................................................................................
Cuu Long Fish Import-Export Corporation 10 ................................................................................................................................
Cuu Long Fish Joint Stock Company ............................................................................................................................................
East Sea Seafoods Limited Liability Company 11 .........................................................................................................................
Green Farms Seafood Joint Stock Company ...............................................................................................................................
Hiep Thanh Seafood Joint Stock Company ..................................................................................................................................
Hoa Phat Seafood Import-Export and processing JSC ................................................................................................................
International Development & Investment Corporation ..................................................................................................................
NTSF Seafoods Joint Stock Company ..........................................................................................................................................
QVD Food Company Ltd.12 ...........................................................................................................................................................
Saigon-Mekong Fishery Co., Ltd. ..................................................................................................................................................
Seafood Joint Stock Company No.4 Branch Dongtam Fisheries Processing Company .............................................................
4 Until July 1, 2004, these products were
classifiable under tariff article codes 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’’) of the HTSUS. Until
February 1, 2007, these products were classifiable
under tariff article code 0304.20.6033 (‘‘Frozen Fish
Fillets of the species Pangasius including basa and
tra’’) of the HTSUS.
5 See ‘‘Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Decision
Memorandum for the Preliminary Results of the
2011–2012 Antidumping Duty Administrative
Review and New Shipper Review,’’ dated
concurrently with this notice (‘‘Preliminary
Decision Memorandum’’) and incorporated herein
by reference, for a complete description of the
Scope of the Order.
6 In the third administrative review of this order,
the Department determined that it would calculate
per-unit assessment and cash deposit rates for all
VerDate Mar<15>2010
16:50 Sep 10, 2013
Jkt 229001
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).
7 This rate is applicable to the Vinh Hoan Group
which includes: Vinh Hoan, Van Duc, and VDTG.
In the sixth administrative review of this order, the
Department found Vinh Hoan, Van Duc, and VDTG
to be a single entity and, because there have been
no changes to this determination since that
administrative review, 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: Notice of
Preliminary Results and Partial Rescission of the
Sixth Antidumping Duty Administrative Review
and Sixth New Shipper Review, 75 FR 56061
(September 15, 2010).
8 This rate is applicable to the Hung Vuong Group
which includes: An Giang Fisheries Import and
Export Joint Stock Company, Asia Pangasius
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
0.42
2.15
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
0.99
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.
9 Includes the trade name Anvifish Co., Ltd.
10 Includes the trade name CL Panga Fish.
11 Includes the trade names East Sea Seafoods
LLC and ESS.
12 This rate is also applicable to QVD Dong Thap
Food Co., Ltd and Thuan Hung Co., Ltd.
(‘‘THUFICO’’). In the second review of this order,
the Department found QVD, QVD Dong Thap Food
Co., Ltd. and THUFICO to be a single entity and,
because there have been no changes to this
determination since that administrative review, 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).
E:\FR\FM\11SEN1.SGM
11SEN1
55678
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices
Weighted-average
margin
(dollars/kilogram) 6
Exporter
Southern Fishery Industries Company Ltd. ...................................................................................................................................
Sunrise Corporation .......................................................................................................................................................................
Thien Ma Seafood Co., Ltd. ..........................................................................................................................................................
To Chau Joint Stock Company .....................................................................................................................................................
Viet Phu Food & Fish Corporation ................................................................................................................................................
Vinh Quang Fisheries Corporation ................................................................................................................................................
Vietnam-Wide Rate 13 ....................................................................................................................................................................
Regarding the NSR, the Department
preliminarily determines that the
following weighted-average dumping
margin exists for the period August 1,
2011, through July 31, 2012:
Weightedaverage
margin
(dollars/kilogram)
Manufacturer
Exporter
Golden Quality Seafood Corporation ......................................
Golden Quality Seafood Corporation ......................................
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure, Public Comment &
Opportunity To Request a Hearing
The Department will disclose the
calculations used in our analysis to
parties in these reviews within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of reviews.14 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.15 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.16 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing system,
IA ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.17 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, 14th Street
13 The Vietnam-wide rate includes the following
companies which are under review, but which did
not submit a separate rate application or
certification: East Sea Seafood Co., Ltd., East Sea
Seafoods Joint Venture Co., Ltd., GODACO Seafood
Joint Stock Company, Hung Vuong Seafood Joint
Stock Company, Nam Viet Company Limited,
VerDate Mar<15>2010
16:50 Sep 10, 2013
Jkt 229001
0.99
0.99
0.99
0.99
0.99
0.99
2.11
and Constitution Avenue NW.,
Washington, DC 20230.18
The Department intends to issue the
final results of this administrative
review and this NSR, 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.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(1), if an
interested party submits factual
information less than ten days before or
on the applicable deadline for
submission of such factual information,
an interested party may submit factual
information to rebut, clarify, or correct
the factual information no later than ten
days after such factual information is
served on the interested party. However,
the Department generally will not
accept in the rebuttal submission
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has
Quang Minh Seafood Co., Ltd. and Vinh Hoan
Company Ltd.
14 See 19 CFR 351.309(c)(1)(ii).
15 See 19 CFR 351.309(d)(1)–(2).
16 See 19 CFR 351.309(c)(2), (d)(2).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310(d).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
0.24
passed.19 Furthermore, the Department
generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.20
Finally, for each piece of factual
information submitted with surrogate
value rebuttal comments, the interested
party must provide a written
explanation of what information that is
already on the record of the ongoing
proceeding that the factual information
is rebutting, clarifying, or correcting.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by these
review.21 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of these reviews.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
these reviews, 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
19 See Glycine From the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
20 See 19 CFR 351.301(c)(3).
21 See 19 CFR 351.212(b).
E:\FR\FM\11SEN1.SGM
11SEN1
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
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.22 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.23 For the
respondents that were not selected for
individual examination in this
administrative review and that qualified
for a separate rate, the assessment rate
will be based on the average of the
mandatory respondents.24 We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the Vietnam-wide entity at
the Vietnam-wide rate.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during the administrative
review, the Department will instruct
CBP to liquidate such entries at the
Vietnam-wide rate. Additionally, if the
Department determines that an exporter
had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the Vietnam-wide
rate.25
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of these
reviews 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
these reviews (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
22 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
24 See Preliminary Decision Memorandum.
25 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
23 See
VerDate Mar<15>2010
16:50 Sep 10, 2013
Jkt 229001
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.
With respect to Golden Quality, the
new shipper respondent, the
Department has established a
combination cash deposit rate for this
company consistent with its practice as
follows: (1) For subject merchandise
produced and exported by Golden
Quality, the cash deposit rate will be the
rate established for Golden Quality in
the final results of the NSR; (2) for
subject merchandise exported by
Golden Quality, but not produced by
Golden Quality, the cash deposit rate
will be the rate for the Vietnam-wide
entity; and (3) for subject merchandise
produced by Golden Quality but not
exported by Golden Quality, the cash
deposit rate will be the rate applicable
to the 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), 751(a)(2)(B), and
777(i)(1) of the Act.
Dated: September 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Case History
2. Scope of the Order
3. Preliminary Determination of No
Shipments
4. Bona Fides Analysis
5. Non-Market Economy Country Status
6. Collapsing
7. Separate Rates
8. Separate Rate Calculation for Companies
Not Individually Examined
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
55679
9. Vietnam-Wide Entity
10. Surrogate Country
11. Date of Sale
12. Determination of Comparison Method
13. Results of Differential Pricing Analysis
14. Comparisons to Normal Value
15. U.S. Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2013–22123 Filed 9–10–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–977]
High Pressure Steel Cylinders From
the People’s Republic of China;
Rescission of the 2011–2013
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is rescinding the
administrative review of the
antidumping duty order on high
pressure steel cylinders from the
People’s Republic of China (‘‘PRC’’) for
the period of review (‘‘POR’’), December
15, 2011, to May 31, 2013. This
rescission is based on the timely
withdrawal of the request for review by
the only interested party that requested
a review.
DATES: Effective Date: September 11,
2013.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–1394.
AGENCY:
Background
On June 3, 2013, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on high
pressure steel cylinders from the PRC.1
In response, on July 1, 2013, Beijing
Tianhai Industry Co., Ltd. (‘‘BTIC’’)
timely requested an administrative
review of entries of the subject
merchandise during the POR from
BTIC.2 Therefore, on August 1, 2013, the
Department initiated a review of BTIC.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation: Opportunity
to Request Administrative Review, 78 FR 33061
(June 3, 2013) (‘‘Opportunity Notice’’).
2 June 30, 2013, is the deadline for submitting
requests for review as stated in the Opportunity
E:\FR\FM\11SEN1.SGM
Continued
11SEN1
]]>Agencies
[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55676-55679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22123]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Results of the Antidumping Duty Administrative
Review and New Shipper Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the ninth administrative review and eleventh new shipper review
(``NSR'') of the antidumping duty order on certain frozen fish fillets
(``fish fillets'') from the Socialist Republic of Vietnam
(``Vietnam'').\1\ The Department has preliminarily determined that new
shipper review respondent, Golden Quality Seafood Corporation (``Golden
Quality''), as well as administrative review mandatory respondents,
Hung Vuong Group (``HVG'') \2\ and Vinh Hoan Corporation (``Vinh
Hoan''),\3\ sold subject merchandise in the United States at prices
below normal value (``NV'') during the period of review (``POR'')
August 1, 2011, through July 31, 2012. 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.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003) (``Order'').
\2\ The Hung Vuong Group includes: An Giang Fisheries Import and
Export Joint Stock Company, Asia Pangasius Company Limited, Ben Tre
Forestry and Aquaproduct Import-Export JSC, 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.
\3\ Vinh Hoan includes Vinh Hoan Corporation and its affiliates
Van Duc Food Export Joint Company (``Van Duc'') and Van Duc Tien
Giang (``VDTG'').
---------------------------------------------------------------------------
DATES: Effective Date: September 11, 2013.
FOR FURTHER INFORMATION CONTACT: Julia Hancock (Vinh Hoan), Alex
Montoro (Golden Quality) or Paul Walker (HVG), AD/CVD Operations,
Office 9, Import Administration, International Trade
[[Page 55677]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-1394,
202-482-0238 or 202-482-0413, respectively.
SUPPLEMENTARY INFORMATION:
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. The products are classifiable under tariff article codes
1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish
Fillets of the species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\4\
Although the HTSUS subheading is provided for convenience and Customs
purposes, our written description of the scope of the order is
dispositive.\5\
---------------------------------------------------------------------------
\4\ Until July 1, 2004, these products were classifiable under
tariff article codes 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'') of the HTSUS. Until February 1, 2007, these products were
classifiable under tariff article code 0304.20.6033 (``Frozen Fish
Fillets of the species Pangasius including basa and tra'') of the
HTSUS.
\5\ See ``Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Decision Memorandum for the Preliminary Results
of the 2011-2012 Antidumping Duty Administrative Review and New
Shipper Review,'' dated concurrently with this notice (``Preliminary
Decision Memorandum'') and incorporated herein by reference, for a
complete description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department has conducted these reviews in accordance with
sections 751(a)(1)(B) and 751(a)(2)(A)-(B) 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 a non-market economy (``NME'') within the meaning of section
771(18) of the Act, NV has been calculated in accordance with section
773(c) of the Act. Specifically, the administrative review mandatory
respondents' and NSR respondent's factors of production have been
valued using surrogate values from Indonesia, which is economically
comparable to Vietnam and is a significant producer of comparable
merchandise.
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 Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties 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 https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
Regarding the administrative review, the Department preliminarily
determines that the following weighted-average dumping margins exist
for the period August 1, 2011, through July 31, 2012:
---------------------------------------------------------------------------
\6\ 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).
\7\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan, Van Duc, and VDTG. In the sixth administrative
review of this order, the Department found Vinh Hoan, Van Duc, and
VDTG to be a single entity and, because there have been no changes
to this determination since that administrative review, 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:
Notice of Preliminary Results and Partial Rescission of the Sixth
Antidumping Duty Administrative Review and Sixth New Shipper Review,
75 FR 56061 (September 15, 2010).
\8\ 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.
\9\ Includes the trade name Anvifish Co., Ltd.
\10\ Includes the trade name CL Panga Fish.
\11\ Includes the trade names East Sea Seafoods LLC and ESS.
\12\ This rate is also applicable to QVD Dong Thap Food Co., Ltd
and Thuan Hung Co., Ltd. (``THUFICO''). In the second review of this
order, the Department found QVD, QVD Dong Thap Food Co., Ltd. and
THUFICO to be a single entity and, because there have been no
changes to this determination since that administrative review, 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).
------------------------------------------------------------------------
Weighted-average
Exporter margin (dollars/
kilogram) \6\
------------------------------------------------------------------------
Vinh Hoan Corporation \7\............................ 0.42
Hung Vuong Group \8\................................. 2.15
An My Fish Joint Stock Company....................... 0.99
Anvifish Joint Stock Company \9\..................... 0.99
Asia Commerce Fisheries Joint Stock Company.......... 0.99
Binh An Seafood Joint Stock Company.................. 0.99
Cadovimex II Seafood Import-Export and Processing 0.99
Joint Stock Company.................................
Cantho Import-Export Seafood Joint Stock Company..... 0.99
Cuu Long Fish Import-Export Corporation \10\......... 0.99
Cuu Long Fish Joint Stock Company.................... 0.99
East Sea Seafoods Limited Liability Company \11\..... 0.99
Green Farms Seafood Joint Stock Company.............. 0.99
Hiep Thanh Seafood Joint Stock Company............... 0.99
Hoa Phat Seafood Import-Export and processing JSC.... 0.99
International Development & Investment Corporation... 0.99
NTSF Seafoods Joint Stock Company.................... 0.99
QVD Food Company Ltd.\12\............................ 0.99
Saigon-Mekong Fishery Co., Ltd....................... 0.99
Seafood Joint Stock Company No.4 Branch Dongtam 0.99
Fisheries Processing Company........................
[[Page 55678]]
Southern Fishery Industries Company Ltd.............. 0.99
Sunrise Corporation.................................. 0.99
Thien Ma Seafood Co., Ltd............................ 0.99
To Chau Joint Stock Company.......................... 0.99
Viet Phu Food & Fish Corporation..................... 0.99
Vinh Quang Fisheries Corporation..................... 0.99
Vietnam-Wide Rate \13\............................... 2.11
------------------------------------------------------------------------
Regarding the NSR, the Department preliminarily determines that the
following weighted-average dumping margin exists for the period August
1, 2011, through July 31, 2012:
---------------------------------------------------------------------------
\13\ The Vietnam-wide rate includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Sea Seafood Co., Ltd., East Sea
Seafoods Joint Venture Co., Ltd., GODACO Seafood Joint Stock
Company, Hung Vuong Seafood Joint Stock Company, Nam Viet Company
Limited, Quang Minh Seafood Co., Ltd. and Vinh Hoan Company Ltd.
------------------------------------------------------------------------
Weighted- average
Manufacturer Exporter margin (dollars/
kilogram)
------------------------------------------------------------------------
Golden Quality Seafood Golden Quality 0.24
Corporation. Seafood
Corporation.
------------------------------------------------------------------------
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in these reviews within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of reviews.\14\
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.\15\ 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.\16\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing system, IA ACCESS.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d)(1)-(2).
\16\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\17\ 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, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\18\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review and this NSR, 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.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before or on the applicable deadline for submission of
such factual information, an interested party may submit factual
information to rebut, clarify, or correct the factual information no
later than ten days after such factual information is served on the
interested party. However, the Department generally will not accept in
the rebuttal submission additional or alternative surrogate value
information not previously on the record, if the deadline for
submission of surrogate value information has passed.\19\ Furthermore,
the Department generally will not accept business proprietary
information in either the surrogate value submissions or the rebuttals
thereto, as the regulation regarding the submission of surrogate values
allows only for the submission of publicly available information.\20\
Finally, for each piece of factual information submitted with surrogate
value rebuttal comments, the interested party must provide a written
explanation of what information that is already on the record of the
ongoing proceeding that the factual information is rebutting,
clarifying, or correcting.
---------------------------------------------------------------------------
\19\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\20\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by these review.\21\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of these reviews.
---------------------------------------------------------------------------
\21\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of these reviews, 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
[[Page 55679]]
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.\22\ 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.\23\ For the respondents that were not
selected for individual examination in this administrative review and
that qualified for a separate rate, the assessment rate will be based
on the average of the mandatory respondents.\24\ We intend to instruct
CBP to liquidate entries containing subject merchandise exported by the
Vietnam-wide entity at the Vietnam-wide rate.
---------------------------------------------------------------------------
\22\ See 19 CFR 351.212(b)(1).
\23\ See 19 CFR 351.106(c)(2).
\24\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during the administrative review, the
Department will instruct CBP to liquidate such entries at the Vietnam-
wide rate. Additionally, if the Department determines that an exporter
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the Vietnam-wide rate.\25\
---------------------------------------------------------------------------
\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews 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 these reviews (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.
With respect to Golden Quality, the new shipper respondent, the
Department has established a combination cash deposit rate for this
company consistent with its practice as follows: (1) For subject
merchandise produced and exported by Golden Quality, the cash deposit
rate will be the rate established for Golden Quality in the final
results of the NSR; (2) for subject merchandise exported by Golden
Quality, but not produced by Golden Quality, the cash deposit rate will
be the rate for the Vietnam-wide entity; and (3) for subject
merchandise produced by Golden Quality but not exported by Golden
Quality, the cash deposit rate will be the rate applicable to the
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), 751(a)(2)(B), and 777(i)(1) of the
Act.
Dated: September 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Bona Fides Analysis
5. Non-Market Economy Country Status
6. Collapsing
7. Separate Rates
8. Separate Rate Calculation for Companies Not Individually Examined
9. Vietnam-Wide Entity
10. Surrogate Country
11. Date of Sale
12. Determination of Comparison Method
13. Results of Differential Pricing Analysis
14. Comparisons to Normal Value
15. U.S. Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2013-22123 Filed 9-10-13; 8:45 am]
BILLING CODE 3510-DS-P
