Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2011-2012, 19053-19056 [2014-07714]

Download as PDF 19053 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices length, surface finish, end finish or stenciling. The welded line pipe products that are the subject of this order are currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under subheadings 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying I&D Memorandum, which is hereby adopted by this notice.3 The issues discussed in the I&D Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the order is revoked. The I&D Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the I&D Memorandum can be accessed at https:// enforcement.trade.gov/frn/. The signed I&D Memorandum and the electronic version of the I&D Memorandum are identical in content. Final Results of Sunset Reviews The Department determines that revocation of the AD order on welded line pipe from the PRC would be likely to lead to continuation or recurrence of dumping, with the following dumping margins likely to prevail: Weighted-average percentage margin Exporter/producer Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Pipe Industrial Co., Ltd .................................................................... Produced by: Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Pipe Industrial Co., Ltd. Pangang Group Beihai Steel Pipe Corporation ............................................................................................................................ Produced by: Pangang Group Beihai Steel Pipe Corporation Jiangsu Yulong Steel Pipe Co., Ltd .............................................................................................................................................. Produced by: Jiangsu Yulong Steel Pipe Co., Ltd. Tianjin Xingyuda Import and Export Co., Ltd ................................................................................................................................ Produced by: Tianjin Lifengyuanda Steel Pipe Group Co., Ltd. PRC-Wide Rate ............................................................................................................................................................................. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 28, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–07595 Filed 4–4–14; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 3 See ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Circular Welded Carbon-Quality Steel Line Pipe from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (‘‘I&D Memorandum’’). VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) published the Preliminary Results of the ninth administrative review, and aligned new shipper review, on certain frozen fish fillets from the Socialist Republic of Vietnam (‘‘Vietnam’’) on September 11, 2013.1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are AGENCY: 1 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Review; 2011–2012, 78 FR 55676 (September 11, 2013) (‘‘Preliminary Results’’) and accompanying Decision Memorandum. 2 Id. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 73.87 73.87 73.87 101.10 listed below in the ‘‘Final Results of the Administrative Reviews’’ section of this notice. The period of review (‘‘POR’’) is August 1, 2011, through July 31, 2012. DATES: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2011–2012 73.87 Effective Date: April 7, 2014. Alex Montoro (Golden Quality), Paul Walker (HVG) or Julia Hancock (Vinh Hoan), AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202– 482–0238, 202–482–0413 or 202–482– 1394, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on September 11, 2013.2 On January 7, 2014, the Department extended the final results to March 8, 2014.3 Between January 22 and February 10, 2014, interested parties submitted case and rebuttal briefs. On February 25, 2014, the Department extended the final results to March 28, 3 See Memorandum to Gary Taverman, Senior Advisor, through James Doyle, Office Director, from Julia Hancock, Senior International Trade Compliance Analyst, ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Final Results of Administrative Review, and Aligned New Shipper Review,’’ dated January 7, 2014. E:\FR\FM\07APN1.SGM 07APN1 19054 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices 2014.4 On March 6, 2014, the Department held a hearing. Scope of the Order The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus. These products are classifiable under tariff article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).5 Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order, which is contained in the accompanying Issues and Decision Memorandum (‘‘I&D Memo’’) is dispositive.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these reviews are addressed in the I&D Memo. A list of the issues which parties raised is attached to this notice as an appendix. The I&D Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// mstockstill on DSK4VPTVN1PROD with NOTICES 4 See Memorandum to Gary Taverman, Senior Advisor, through James Doyle, Office Director, from Julia Hancock, Senior International Trade Compliance Analyst, ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Final Results of Administrative Review, and Aligned New Shipper Review,’’ dated February 25, 2014. 5 Until July 1, 2004 these products were classifiable under HTSUS 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). Until February 1, 2007 these products were classifiable under HTSUS 0304.20.6033 (Frozen Fish Fillets of the species Pangasius, including basa and tra). On March 2, 2011 the Department added two HTSUS numbers at the request of U.S. Customs and Border Protection (‘‘CBP’’): 1604.19.2000 and 1604 19.3000. On January 30, 2012 the Department added eight HTSUS numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100. 6 See I&D Memo at 2–3. VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 iaaccess.trade.gov and in the CRU. In addition, a complete version of the I&D Memo can be accessed directly on the internet at https://enforcement.trade.gov/ frn/. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content. Final Determination of No Shipments In the Preliminary Results, the Department preliminarily found that An Giang Agriculture and Food ImportExport Joint Stock Company (‘‘Afiex’’), An Phu Seafood Corporation (‘‘An Phu’’), Bien Dong Seafood Co., Ltd. (‘‘Bien Dong’’), Dai Thanh Seafoods Company Limited (‘‘Dai Thanh’’), Fatifish Company Limited (‘‘Fatifish’’), Hoang Long Seafood Processing Co., Ltd. (‘‘Hoang Long’’), Nam Viet Corporation (‘‘Navico’’) and Thuan An Production Trading & Services Co., Ltd. (‘‘Thuan An’’) did not have any reviewable transactions. Consistent with the Department’s refinement to its assessment practice in non-market economy (‘‘NME’’) cases, we completed the review with respect to the above named companies.7 Subsequent to the Preliminary Results, the Department received comments regarding GODACO Seafood Joint Stock Company (‘‘GODACO’’) and Quang Minh Seafood Co., Ltd. (‘‘Quang Minh’’). Based on the certifications submitted by GODACO and Quang Minh, our analysis of the CBP information, and consistent with Comment XXIII of the I&D Memo, we determine that GODACO and Quang Minh did not have any reviewable transactions during the POR. As noted in the ‘‘Assessment Rates’’ section below, the Department will issue appropriate instructions to CBP for the above-named companies based on the final results of the review. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the I&D Memo, we revised the margin calculations for Vinh Hoan 8, HVG and Golden Quality Seafood Corporation (‘‘Golden Quality’’).9 Additionally, the Surrogate Values Memo contains further explanation of our changes to the surrogate values.10 7 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–65695 (October 24, 2011). 8 The Vinh Hoan Corporation and its affiliates Van Duc Food Export Joint Company and Van Duc Tien Giang, collectively, ‘‘Vinh Hoan.’’ 9 See accompanying company-specific analysis memoranda, dated concurrently with this notice. 10 See Memorandum to the File, through Scot T. Fullerton, Program Manager, Office V, from Paul PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Rate for Non-Selected Companies We selected Vinh Hoan and HVG as mandatory respondents in this administrative review.11 The statute and the Department’s regulations do not directly address the establishment of a rate to be applied to individual companies not selected for individual examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’). Section 735(c)(5)(A) of the Act instructs that we do not calculate an all-others rate using any zero or de minimis weightedaverage dumping margins or any weighted-average dumping margins based entirely on facts available. Accordingly, the Department’s usual practice is to average the rates for the selected companies excluding rates that are zero, de minimis, or based entirely on facts available.12 Therefore, consistent with section 735(c)(5)(A) of the Act and the Department’s practice, we assigned the average rate calculated for Vinh Hoan and HVG to the Separate Rate Respondents. Because the rates calculated for Vinh Hoan and HVG changed since the Preliminary Results, the margin assigned to the Separate Rate Respondents also changed accordingly. Vietnam-Wide Rate and Vietnam-Wide Entity In the Preliminary Results, we determined that several companies failed to demonstrate their eligibility for a separate rate.13 Therefore, we preliminarily assigned the entity a rate of 2.11 U.S. dollars (‘‘USD’’)/kilogram (‘‘kg’’), the current rate applied to the Vietnam-wide entity. As noted above in the ‘‘Final Determination of No Shipments’’ section, since the Preliminary Results we found that GODACO and Quang Minh had no reviewable entries. Consistent with Comment XXIII of the I&D Memo, we have not determined that GODACO and Quang Minh are part of the Vietnamwide entity in this review. For the other companies, as there is no record information that provides a basis for Walker, Case Analyst, ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Surrogate Values for the Final Results,’’ dated concurrently with this notice (‘‘Surrogate Values Memo’’). 11 Id., at 2. 12 See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Review in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. 13 See Preliminary Results, and accompanying Decision Memorandum at 11. E:\FR\FM\07APN1.SGM 07APN1 19055 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices reconsidering the determination in the Preliminary Results, we will continue to apply the Vietnam-wide entity rate of 2.11 USD/kg to these companies. Final Results of the Administrative Reviews The weighted-average dumping margins for the administrative review are as follows: Weighted-average margin (dollars/kilogram) 14 Exporter Vinh Hoan Corporation 15 .................................................................................................................................................... Hung Vuong Group 16 .......................................................................................................................................................... An My Fish Joint Stock Company ....................................................................................................................................... Anvifish Joint Stock Company 17 ......................................................................................................................................... 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 18 ...................................................................................................................... Cuu Long Fish Joint Stock Company .................................................................................................................................. East Sea Seafoods Limited Liability Company 19 ............................................................................................................... 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. 20 ................................................................................................................................................ Saigon Mekong Fishery Co., Ltd ......................................................................................................................................... Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries Processing Company .................................................. 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 21 .......................................................................................................................................................... 0.03 1.20 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 0.42 2.11 The weighted-average dumping margin for the new shipper review is as follows: Weighted-average margin (dollars/kilogram) Manufacturer Exporter Golden Quality .......................................................................... Golden Quality ......................................................................... Assessment Rates mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all 14 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). 15 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 VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 de minimis. appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For assessment purposes, we calculated importer (or customer)specific assessment rates for merchandise subject to this review. We Sixth Antidumping Duty Administrative Review and Sixth New Shipper Review, 75 FR 56061 (September 15, 2010). 16 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. 17 Includes the trade name Anvifish Co., Ltd. and Anvifish JSC. 18 Includes the trade name CL Panga Fish. 19 Includes the trade names East Sea Seafoods LLC and ESS. 20 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). 21 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., Hung Vuong Seafood Joint Stock Company, Nam Viet Company Limited, and Vinh Hoan Company Ltd. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1 19056 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES will continue to direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., per-kg) rates by the weight in kgs of each entry of the subject merchandise during the POR. Specifically, we calculated importer-specific duty assessment rates on a per-unit rate basis by dividing the total dumping margins (calculated as the difference between normal value and export price, or constructed export price) for each importer by the total sales quantity of subject merchandise sold to that importer during the POR. If an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). The Department determines that Afiex, An Phu, Bien Dong, GODACO, Navico, Thuan An and Quang Minh did not have any reviewable transactions during the POR. As a result, any suspended entries that entered under these exporters’ case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate.22 Also, the Department determines that Dai Thanh, Fatifish and Hoang Long did not have any reviewable transactions during the period February 1, 2012 through July 31, 2012. As a result, any suspended entries that entered under these exporters’ case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate for this period.23 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed Vietnamese and non-Vietnamese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) 22 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also Preliminary Results, and accompanying Decision Memorandum at 3. 23 Id. VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 for all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the Vietnam-wide rate of 2.11 USD/kg; and (4) for all non-Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporters that supplied that non-Vietnamese exporter. The deposit requirements, when imposed, shall remain in effect until further notice. The following cash deposit requirements will be effective upon publication of the final results of these new shipper reviews for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced and exported by Golden Quality the cash deposit rate will be the rate established in the final results of this new shipper review; (2) for subject merchandise exported, but not manufactured by Golden Quality, the cash deposit rate will continue to be the Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject merchandise manufactured by Golden Quality and exported by any other party, the cash deposit rate will also be the Vietnamwide rate. The cash deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these administrative reviews and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 28, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Comment I: Selection of the Surrogate Country Comment II: Surrogate Value for Whole, Live Pangasius Fish Comment III: Surrogate Value for Fingerlings Comment IV: Surrogate Value for Fish Feed Comment V: Surrogate Value for Rice Husk Comment VI: Surrogate Value for Labor Comment VII: Surrogate Financial Ratios Comment VIII: Surrogate Value for Lime Comment IX: Surrogate Value for Fish Meal By-Product Comment X: Surrogate Value for Fish Waste By-Products Comment XI: Surrogate Value for Fresh Broken Fillets By-Product Comment XII: Surrogate Value for Sawdust Comment XIII: Surrogate Values for Truck Freight and Boat Freight Comment XIV: Surrogate Value for Electricity Comment XV: Surrogate Value for Diesel Comment XVI: Surrogate Value for Containerization Comment XVII: Surrogate Value for Marine Insurance Comment XVIII: Surrogate Value for Water Comment XIX: Surrogate Value for Brokerage and Handling Comment XX: Surrogate Value for Salt Comment XXI: Surrogate Values for CO Gas and Coal Comment XXII: Vinh Hoan’s Gross Weight vs. Net Weight for U.S. Sales and FOPs Comment XXIII: Surrogate Value for Vinh Hoan’s Fish Oil By-Product Comment XXIV: Application of the VietnamWide Rate to GODACO and Quang Minh [FR Doc. 2014–07714 Filed 4–4–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Administrative Protective Orders International Trade Administration This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations [C–570–993, C–560–827] PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Termination of Countervailing Duty Investigations; Monosodium Glutamate From the People’s Republic of China and the Republic of Indonesia Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2014, the Department of Commerce (the Department) received a letter from counsel to Ajinomoto Co., Inc. and AGENCY: E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19053-19056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07714]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review and 
New Shipper Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') published the 
Preliminary Results of the ninth administrative review, and aligned new 
shipper review, on certain frozen fish fillets from the Socialist 
Republic of Vietnam (``Vietnam'') on September 11, 2013.\1\ We gave 
interested parties an opportunity to comment on the Preliminary 
Results. Based upon our analysis of the comments and information 
received, we made changes to the margin calculations for these final 
results. The final dumping margins are listed below in the ``Final 
Results of the Administrative Reviews'' section of this notice. The 
period of review (``POR'') is August 1, 2011, through July 31, 2012.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Antidumping Duty 
Administrative Review and New Shipper Review; 2011-2012, 78 FR 55676 
(September 11, 2013) (``Preliminary Results'') and accompanying 
Decision Memorandum.

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DATES: Effective Date: April 7, 2014.

FOR FURTHER INFORMATION CONTACT: Alex Montoro (Golden Quality), Paul 
Walker (HVG) or Julia Hancock (Vinh Hoan), AD/CVD Operations, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone 202-482-0238, 202-482-0413 or 202-482-
1394, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 11, 
2013.\2\ On January 7, 2014, the Department extended the final results 
to March 8, 2014.\3\ Between January 22 and February 10, 2014, 
interested parties submitted case and rebuttal briefs. On February 25, 
2014, the Department extended the final results to March 28,

[[Page 19054]]

2014.\4\ On March 6, 2014, the Department held a hearing.
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    \2\ Id.
    \3\ See Memorandum to Gary Taverman, Senior Advisor, through 
James Doyle, Office Director, from Julia Hancock, Senior 
International Trade Compliance Analyst, ``Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Extension of 
Deadline for Final Results of Administrative Review, and Aligned New 
Shipper Review,'' dated January 7, 2014.
    \4\ See Memorandum to Gary Taverman, Senior Advisor, through 
James Doyle, Office Director, from Julia Hancock, Senior 
International Trade Compliance Analyst, ``Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Extension of 
Deadline for Final Results of Administrative Review, and Aligned New 
Shipper Review,'' dated February 25, 2014.
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Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius) and Pangasius 
Micronemus. These products are classifiable under tariff article codes 
0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 
1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 
1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish 
Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\5\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of the order, which is 
contained in the accompanying Issues and Decision Memorandum (``I&D 
Memo'') is dispositive.\6\
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    \5\ Until July 1, 2004 these products were classifiable under 
HTSUS 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). Until February 1, 2007 these 
products were classifiable under HTSUS 0304.20.6033 (Frozen Fish 
Fillets of the species Pangasius, including basa and tra). On March 
2, 2011 the Department added two HTSUS numbers at the request of 
U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and 1604 
19.3000. On January 30, 2012 the Department added eight HTSUS 
numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
    \6\ See I&D Memo at 2-3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the I&D Memo. A list of the issues which 
parties raised is attached to this notice as an appendix. The I&D Memo 
is a public document and is on file in the Central Records Unit 
(``CRU''), Room 7046 of the main Department of Commerce building, as 
well as electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the CRU. In addition, a complete version of 
the I&D Memo can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the 
electronic versions of the I&D Memo are identical in content.

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily found that 
An Giang Agriculture and Food Import-Export Joint Stock Company 
(``Afiex''), An Phu Seafood Corporation (``An Phu''), Bien Dong Seafood 
Co., Ltd. (``Bien Dong''), Dai Thanh Seafoods Company Limited (``Dai 
Thanh''), Fatifish Company Limited (``Fatifish''), Hoang Long Seafood 
Processing Co., Ltd. (``Hoang Long''), Nam Viet Corporation 
(``Navico'') and Thuan An Production Trading & Services Co., Ltd. 
(``Thuan An'') did not have any reviewable transactions. Consistent 
with the Department's refinement to its assessment practice in non-
market economy (``NME'') cases, we completed the review with respect to 
the above named companies.\7\
---------------------------------------------------------------------------

    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------

    Subsequent to the Preliminary Results, the Department received 
comments regarding GODACO Seafood Joint Stock Company (``GODACO'') and 
Quang Minh Seafood Co., Ltd. (``Quang Minh''). Based on the 
certifications submitted by GODACO and Quang Minh, our analysis of the 
CBP information, and consistent with Comment XXIII of the I&D Memo, we 
determine that GODACO and Quang Minh did not have any reviewable 
transactions during the POR. As noted in the ``Assessment Rates'' 
section below, the Department will issue appropriate instructions to 
CBP for the above-named companies based on the final results of the 
review.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the I&D Memo, we revised the margin calculations 
for Vinh Hoan \8\, HVG and Golden Quality Seafood Corporation (``Golden 
Quality'').\9\ Additionally, the Surrogate Values Memo contains further 
explanation of our changes to the surrogate values.\10\
---------------------------------------------------------------------------

    \8\ The Vinh Hoan Corporation and its affiliates Van Duc Food 
Export Joint Company and Van Duc Tien Giang, collectively, ``Vinh 
Hoan.''
    \9\ See accompanying company-specific analysis memoranda, dated 
concurrently with this notice.
    \10\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office V, from Paul Walker, Case Analyst, ``Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results,'' dated concurrently with 
this notice (``Surrogate Values Memo'').
---------------------------------------------------------------------------

Rate for Non-Selected Companies

    We selected Vinh Hoan and HVG as mandatory respondents in this 
administrative review.\11\ The statute and the Department's regulations 
do not directly address the establishment of a rate to be applied to 
individual companies not selected for individual examination where the 
Department limited its examination in an administrative review pursuant 
to section 777A(c)(2) of the Tariff Act of 1930, as amended (``the 
Act''). Section 735(c)(5)(A) of the Act instructs that we do not 
calculate an all-others rate using any zero or de minimis weighted-
average dumping margins or any weighted-average dumping margins based 
entirely on facts available. Accordingly, the Department's usual 
practice is to average the rates for the selected companies excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\12\
---------------------------------------------------------------------------

    \11\ Id., at 2.
    \12\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Review in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
---------------------------------------------------------------------------

    Therefore, consistent with section 735(c)(5)(A) of the Act and the 
Department's practice, we assigned the average rate calculated for Vinh 
Hoan and HVG to the Separate Rate Respondents. Because the rates 
calculated for Vinh Hoan and HVG changed since the Preliminary Results, 
the margin assigned to the Separate Rate Respondents also changed 
accordingly.

Vietnam-Wide Rate and Vietnam-Wide Entity

    In the Preliminary Results, we determined that several companies 
failed to demonstrate their eligibility for a separate rate.\13\ 
Therefore, we preliminarily assigned the entity a rate of 2.11 U.S. 
dollars (``USD'')/kilogram (``kg''), the current rate applied to the 
Vietnam-wide entity. As noted above in the ``Final Determination of No 
Shipments'' section, since the Preliminary Results we found that GODACO 
and Quang Minh had no reviewable entries. Consistent with Comment XXIII 
of the I&D Memo, we have not determined that GODACO and Quang Minh are 
part of the Vietnam-wide entity in this review. For the other 
companies, as there is no record information that provides a basis for

[[Page 19055]]

reconsidering the determination in the Preliminary Results, we will 
continue to apply the Vietnam-wide entity rate of 2.11 USD/kg to these 
companies.
---------------------------------------------------------------------------

    \13\ See Preliminary Results, and accompanying Decision 
Memorandum at 11.
---------------------------------------------------------------------------

Final Results of the Administrative Reviews

    The weighted-average dumping margins for the administrative review 
are as follows:

------------------------------------------------------------------------
                                                     Weighted-average
                    Exporter                        margin  (dollars/
                                                      kilogram) \14\
------------------------------------------------------------------------
Vinh Hoan Corporation \15\.....................                     0.03
Hung Vuong Group \16\..........................                     1.20
An My Fish Joint Stock Company.................                     0.42
Anvifish Joint Stock Company \17\..............                     0.42
Asia Commerce Fisheries Joint Stock Company....                     0.42
Binh An Seafood Joint Stock Company............                     0.42
Cadovimex II Seafood Import-Export and                              0.42
 Processing Joint Stock Company................
Cantho Import-Export Seafood Joint Stock                            0.42
 Company.......................................
Cuu Long Fish Import-Export Corporation \18\...                     0.42
Cuu Long Fish Joint Stock Company..............                     0.42
East Sea Seafoods Limited Liability Company                         0.42
 \19\..........................................
Green Farms Seafood Joint Stock Company........                     0.42
Hiep Thanh Seafood Joint Stock Company.........                     0.42
Hoa Phat Seafood Import-Export and Processing                       0.42
 JSC...........................................
International Development & Investment                              0.42
 Corporation...................................
NTSF Seafoods Joint Stock Company..............                     0.42
QVD Food Company Ltd. \20\.....................                     0.42
Saigon Mekong Fishery Co., Ltd.................                     0.42
Seafood Joint Stock Company No. 4 Branch                            0.42
 Dongtam Fisheries Processing Company..........
Southern Fishery Industries Company Ltd........                     0.42
Sunrise Corporation............................                     0.42
Thien Ma Seafood Co., Ltd......................                     0.42
To Chau Joint Stock Company....................                     0.42
Viet Phu Food & Fish Corporation...............                     0.42
Vinh Quang Fisheries Corporation...............                     0.42
Vietnam-Wide Rate \21\.........................                     2.11
------------------------------------------------------------------------

    The weighted-average dumping margin for the new shipper review is 
as follows:
---------------------------------------------------------------------------

    \14\ 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).
    \15\ 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).
    \16\ 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.
    \17\ Includes the trade name Anvifish Co., Ltd. and Anvifish 
JSC.
    \18\ Includes the trade name CL Panga Fish.
    \19\ Includes the trade names East Sea Seafoods LLC and ESS.
    \20\ 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).
    \21\ 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., Hung Vuong Seafood Joint Stock 
Company, Nam Viet Company Limited, and Vinh Hoan Company Ltd.

----------------------------------------------------------------------------------------------------------------
                                                                              Weighted-average margin  (dollars/
               Manufacturer                             Exporter                           kilogram)
----------------------------------------------------------------------------------------------------------------
Golden Quality...........................  Golden Quality...................  de minimis.
----------------------------------------------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We

[[Page 19056]]

will continue to direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit (i.e., per-kg) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer-specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR. If an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
    The Department determines that Afiex, An Phu, Bien Dong, GODACO, 
Navico, Thuan An and Quang Minh did not have any reviewable 
transactions during the POR. As a result, any suspended entries that 
entered under these exporters' case number (i.e., at that exporter's 
rate) will be liquidated at the NME-wide rate.\22\ Also, the Department 
determines that Dai Thanh, Fatifish and Hoang Long did not have any 
reviewable transactions during the period February 1, 2012 through July 
31, 2012. As a result, any suspended entries that entered under these 
exporters' case number (i.e., at that exporter's rate) will be 
liquidated at the NME-wide rate for this period.\23\
---------------------------------------------------------------------------

    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Results, and accompanying Decision Memorandum at 3.
    \23\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all 
Vietnamese exporters of subject merchandise which have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
Vietnam-wide rate of 2.11 USD/kg; and (4) for all non-Vietnamese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. The 
deposit requirements, when imposed, shall remain in effect until 
further notice.
    The following cash deposit requirements will be effective upon 
publication of the final results of these new shipper reviews for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by Golden Quality the cash deposit 
rate will be the rate established in the final results of this new 
shipper review; (2) for subject merchandise exported, but not 
manufactured by Golden Quality, the cash deposit rate will continue to 
be the Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject 
merchandise manufactured by Golden Quality and exported by any other 
party, the cash deposit rate will also be the Vietnam-wide rate. The 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these administrative reviews and 
notice in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Comment I: Selection of the Surrogate Country
Comment II: Surrogate Value for Whole, Live Pangasius Fish
Comment III: Surrogate Value for Fingerlings
Comment IV: Surrogate Value for Fish Feed
Comment V: Surrogate Value for Rice Husk
Comment VI: Surrogate Value for Labor
Comment VII: Surrogate Financial Ratios
Comment VIII: Surrogate Value for Lime
Comment IX: Surrogate Value for Fish Meal By-Product
Comment X: Surrogate Value for Fish Waste By-Products
Comment XI: Surrogate Value for Fresh Broken Fillets By-Product
Comment XII: Surrogate Value for Sawdust
Comment XIII: Surrogate Values for Truck Freight and Boat Freight
Comment XIV: Surrogate Value for Electricity
Comment XV: Surrogate Value for Diesel
Comment XVI: Surrogate Value for Containerization
Comment XVII: Surrogate Value for Marine Insurance
Comment XVIII: Surrogate Value for Water
Comment XIX: Surrogate Value for Brokerage and Handling
Comment XX: Surrogate Value for Salt
Comment XXI: Surrogate Values for CO Gas and Coal
Comment XXII: Vinh Hoan's Gross Weight vs. Net Weight for U.S. Sales 
and FOPs
Comment XXIII: Surrogate Value for Vinh Hoan's Fish Oil By-Product
Comment XXIV: Application of the Vietnam-Wide Rate to GODACO and 
Quang Minh

[FR Doc. 2014-07714 Filed 4-4-14; 8:45 am]
BILLING CODE 3510-DS-P

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