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 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, http:// 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 http:// 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 http:// 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]


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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 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'').

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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 http://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 http://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:
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    \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