Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013, 40059-40062 [2014-16311]
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices
Registration Certificates, 10 minutes;
Community harvest log, 30 minutes;
Ceremonial or educational harvest log,
30 minutes; Appeal for permit denial, 4
hours; gear marking, 15 minutes per
buoy.
Burden Hours: 1,379.
Needs and Uses: This request is for a
revision and extension of a currently
approved information collection.
This information collection describes
special permits and certificates issued to
participants in the Pacific halibut
subsistence fishery in waters off the
coast of Alaska and any appeals
resulting from denials. The National
Marine Fisheries Service (NMFS)
designed the permits to work in
conjunction with other halibut harvest
assessment measures. Subsistence
fishing for halibut has occurred for
many years among the Alaska Native
people and non-Native people. Special
permits are initiated in response to the
concerns of Native and community
groups regarding increased restrictions
in International Pacific Halibut
Commission Area 2C and include
Community Harvest Permits,
Ceremonial Permits, and Educational
Permits.
A Community Harvest Permit allows
the community or Alaska Native tribe to
appoint one or more individuals from
its respective community or tribe to
harvest subsistence halibut from a single
vessel under reduced gear and harvest
restrictions. Ceremonial and
Educational Permits are available
exclusively to Alaska Native tribes.
Eligible Alaska Native tribes may
appoint only one Ceremonial Permit
Coordinator per tribe for Ceremonial
Permits or one authorized Instructor per
tribe for Educational Permits.
Except for enrolled students fishing
under a valid Educational Permit,
special permits require persons fishing
under them to also possess a
Subsistence Halibut Registration
Certificate (SHARC), formerly approved
under OMB Control No. 0648–0460,
now to be included in this information
collection, which identifies those
persons who are currently eligible for
subsistence halibut fishing. Each of the
instruments is designed to minimize the
reporting burden on subsistence halibut
fishermen while retrieving essential
information. Along with the SHARC
registration, gear-marking of subsistence
halibut vessels has also been transferred
from OMB Control No. 0648–0460.
Affected Public: Individuals or
households.
Frequency: Annually and on occasion.
Respondent’s Obligation: Required to
obtain or maintain benefits.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or faxed to (202) 395–5806.
40059
Dated: July 8, 2014
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–16201 Filed 7–10–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility to Apply for
Trade Adjustment Assistance
Economic Development
Administration, Department of
Commerce.
AGENCY:
Notice and Opportunity for
Public Comment.
ACTION:
Pursuant to Section 251 of the Trade
Act 1974, as amended (19 U.S.C. 2341
et seq.), the Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[06/26/2014 through 07/07/2014]
Firm address
Sheyenne Tooling and Manufacturing, Inc..
Grrreat Creations, Inc. ...........
tkelley on DSK3SPTVN1PROD with NOTICES
Firm name
Date accepted
for investigation
701 Lenham Ave, SW, Cooperstown, ND 58425.
597 Shawnee Street,
Nappanee, IN 46550.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
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7/7/2014
7/7/2014
Product(s)
The firm manufactures articles are made from metals, using
metal fabrication processes.
The firm manufactures and machines aluminum truck cap
and lid clamps, both standard and special design.
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: July 7, 2014.
Michael DeVillo,
Eligibility Examiner.
International Trade Administration
[A–552–801]
[FR Doc. 2014–16217 Filed 7–10–14; 8:45 am]
BILLING CODE 3510–WH–P
PO 00000
DEPARTMENT OF COMMERCE
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
AGENCY:
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices
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tenth administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).1 The Department
preliminarily determines that the Hung
Vuong Group (‘‘HVG’’) 2 sold subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the period of review (‘‘POR’’)
August 1, 2012, through July 31, 2013.
With respect to Anvifish Joint Stock
Company (‘‘Anvifish’’), this exporter
failed to establish that it is separate from
the Vietnam-wide entity. As a result, the
Vietnam-wide entity is now under
review.3 We are preliminarily applying
adverse facts available (‘‘AFA’’) to the
Vietnam-wide entity because an element
of the entity, Anvifish, failed to act to
the best of its ability in complying with
the Department’s request for
information in this review within the
established deadlines, significantly
impeded the proceeding, and provided
information that cannot be verified. 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: July 11, 2014.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Steven Hampton, 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 202–482–0413 or 202–482–
0116, respectively.
SUPPLEMENTARY INFORMATION:
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 Department previously found that An Giang
Fisheries Import & Export Joint Stock Company
(‘‘Agifish’’) is a member of the Hung Vuong Group,
which also includes 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. See Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty
Administrative Review and New Shipper Review;
2011–2012, 79 FR 19053 (April 7, 2014).
3 On November 4, 2013, the Department
announced a change in practice with respect to the
conditional review of the NME entity. See
Antidumping Proceedings; Announcement of
Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Proceedings, 78 FR
65963 (Nov. 4, 2013). This review initiated before
this change in practice became effective; therefore,
the Department’s new practice does not apply to
this segment.
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Background
On October 2, 2013, the Department
initiated the tenth administrative review
of the antidumping duty order on fish
fillets from Vietnam for the period
August 1, 2012, through July 31, 2013.4
As explained in the memorandum from
the Assistant Secretary for Enforcement
and Compliance, the Department
exercised its discretion to toll deadlines
for the duration of the closure of the
Federal Government from October 1
through October 16, 2013.5 On March
26, 2014, the Department partially
extended the deadline for issuing the
preliminary results by 30 days.6 On June
11, 2014, the Department partially
extended the deadline for issuing the
preliminary results by 14 days.7 The
revised deadline for the preliminary
results of this administrative is now July
2, 2014.
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
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 60834
(October 2, 2013) (‘‘Initiation Notice’’). On
November 8, 2013, the Department published a
second notice to list two companies that were
inadvertently omitted from the Initiation Notice.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for
Revocation in Part, 78 FR 67104 (November 8,
2013).
5 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
6 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, through James C. Doyle, Director, Office
V, Antidumping and Countervailing Duty
Operations regarding ‘‘Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Preliminary Results of 2012–2013
Antidumping Duty Administrative Review,’’ dated
March 26, 2014.
7 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, through James C. Doyle, Director, Office
V, Antidumping and Countervailing Duty
Operations regarding ‘‘Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Preliminary Results of 2012–2013
Antidumping Duty Administrative Review,’’ dated
June 11, 2014.
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species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).8
Although the HTSUS subheading is
provided for convenience and Customs
purposes, our written description of the
scope of the order is dispositive.9
Preliminary Determination of No
Shipments
On December 11, 2013, the following
companies filed no-shipment
certifications indicating that they did
not export subject merchandise to the
United States during the POR: An Giang
Agriculture and Food Import-Export
Joint Stock Company; Golden Quality
Seafood Corporation; Hoa Phat Seafood
Import-Export and Processing J.S.C.; and
To Chau Joint Stock Company. Based on
the certifications submitted by the above
companies, and our analysis of the CBP
information, we preliminarily determine
that An Giang Agriculture and Food
Import-Export Joint Stock Company,
Golden Quality Seafood Corporation,
Hoa Phat Seafood Import-Export and
Processing J.S.C., and To Chau Joint
Stock Company 10 did not have any
reviewable transactions during the POR.
The Department finds that consistent
with its practice in non-market economy
(‘‘NME’’) cases, it is appropriate not to
rescind the review in part in this
circumstance but, rather, to complete
the review with respect to the above
named companies and issue appropriate
instructions to CBP based on the final
results of the review.11
8 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.
9 See ‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Decision
Memorandum for the Preliminary Results of the
2012–2013 Antidumping Duty Administrative
Review,’’ dated concurrently with and hereby
adopted by this notice (‘‘Preliminary Decision
Memorandum’’), for a complete description of the
Scope of the Order.
10 See Memorandum to the File through Scot T.
Fullerton, Program Manager, Office V, Enforcement
and Compliance, through Steven Hampton,
International Trade Compliance Analyst, Office V,
Enforcement and Compliance, regarding ‘‘2012–
2013 Administrative Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam,’’
dated February 28, 2014.
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices
Methodology
The Department conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). Constructed export prices and
export prices have been calculated in
accordance with section 772 of the Act.
Because Vietnam is an NME within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period August 1, 2012, through July 31,
2013:
Weighted-average
margin (dollars/
kilogram) 12
Exporter
Hung Vuong Group 13 ..................................................................................................................................................................
An Giang Agriculture and Food Import-Export Joint Stock Company ........................................................................................
Asia Commerce Fisheries Joint Stock Company ........................................................................................................................
Binh An Seafood Joint Stock Company ......................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ............................................................................
Can Tho Import-Export Joint Stock Company ............................................................................................................................
C.P. Vietnam Corporation ............................................................................................................................................................
Cuu Long Fish Joint Stock Company ..........................................................................................................................................
Dai Thanh Seafoods Company Limited ......................................................................................................................................
Fatifish Company Limited ............................................................................................................................................................
GODACO Seafood Joint Stock Company ...................................................................................................................................
Golden Quality Seafood Corporation ..........................................................................................................................................
Hiep Thanh Seafood Joint Stock Company ................................................................................................................................
Hoang Long Seafood Processing Company Limited ..................................................................................................................
Hoa Phat Seafood Import-Export and Processing J.S.C. ...........................................................................................................
International Development and Investment Corporation .............................................................................................................
Nam Viet Corporation ..................................................................................................................................................................
Ngoc Ha Co., Ltd. Foods Processing and Trading .....................................................................................................................
NTSF Seafoods Joint Stock Company ........................................................................................................................................
Quang Minh Seafood Company Limited .....................................................................................................................................
QVD Food Company Ltd.14 .........................................................................................................................................................
Saigon-Mekong Fishery Co., Ltd. ................................................................................................................................................
Southern Fisheries Industries Company Ltd. ..............................................................................................................................
TG Fishery Holdings Corporation ................................................................................................................................................
Thien Ma Seafood Company Limited ..........................................................................................................................................
Thuan An Production Trading and Services Co., Ltd. ................................................................................................................
To Chau Joint Stock Company ...................................................................................................................................................
Vinh Quang Fisheries Joint-Stock Company ..............................................................................................................................
Vietnam-Wide Rate 15 ..................................................................................................................................................................
0.58
(*)
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
(*)
0.58
0.58
(*)
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
0.58
(*)
0.58
2.39
* No Shipments or sales to this review, and the firm has an individual rate from a prior segment of the proceeding in which the firm had shipments or sales.
Disclosure, Public Comment &
Opportunity To Request a Hearing
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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The Department will disclose the
calculations used in our analysis to
12 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).
13 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.
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14 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co.,
Ltd. (‘‘THUFICO’’). In the second review of this
order, the Department found QVD, Dong Thap and
THUFICO to be a single entity, and because there
has been no evidence submitted on the record of
this review that calls this determination into
question, 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).
15 The Vietnam-wide rate includes the following
companies which are under review, but which did
not submit a separate rate application or
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Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.16
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.17 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)
certification: East Seafoods Limited Liability
Company and Anvifish Joint Stock Company.
16 See 19 CFR 351.309(c)(1)(ii).
17 See 19 CFR 351.309(d)(1)–(2).
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices
a table of authorities.18 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.19 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 20230.20
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.21 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). Where an
importer- (or customer-) specific ad
valorem rate is greater than de minimis,
the Department will instruct CBP to
collect the appropriate duties at the time
of liquidation.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
18 See
19 CFR 351.309(c)(2), (d)(2).
19 CFR 351.310(c).
20 See 19 CFR 351.310(d).
21 See 19 CFR 351.212(b).
22 See 19 CFR 351.212(b)(1).
23 See 19 CFR 351.106(c)(2).
19 See
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administrative review and that qualified
for a separate rate, the assessment rate
will be the rate calculated for HVG.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 refined 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 Vietnamwide 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 this
review for shipments of the subject
merchandise from Vietnam entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed Vietnam and
non-Vietnam exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnam exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Vietnam
-wide entity; and (4) for all non-Vietnam
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnam exporter that
supplied that non-Vietnam exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
24 See
Preliminary Decision Memorandum.
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
25 For
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their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This preliminary determination is
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
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. Non-Market Economy Country Status
5. Separate Rates
6. Vietnam-Wide Entity
7. Surrogate Country
8. Determination of Comparison Method
9. Results of Differential Pricing Analysis
10. Comparisons to Normal Value
11. U.S. Price
12. Normal Value
13. Factor Valuations
14. Currency Conversion
[FR Doc. 2014–16311 Filed 7–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
from the People’s Republic of China:
Final Results of the Expedited Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) finds that revocation
of the antidumping duty order on
diamond sawblades and parts thereof
(diamond sawblades) from the People’s
Republic of China (the PRC) would be
likely to lead to continuation or
recurrence of dumping as indicated in
the ‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Effective Date: July 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
AGENCY:
E:\FR\FM\11JYN1.SGM
11JYN1
]]>Agencies
[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40059-40062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16311]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the
[[Page 40060]]
tenth administrative review of the antidumping duty order on certain
frozen fish fillets (``fish fillets'') from the Socialist Republic of
Vietnam (``Vietnam'').\1\ The Department preliminarily determines that
the Hung Vuong Group (``HVG'') \2\ sold subject merchandise in the
United States at prices below normal value (``NV'') during the period
of review (``POR'') August 1, 2012, through July 31, 2013. With respect
to Anvifish Joint Stock Company (``Anvifish''), this exporter failed to
establish that it is separate from the Vietnam-wide entity. As a
result, the Vietnam-wide entity is now under review.\3\ We are
preliminarily applying adverse facts available (``AFA'') to the
Vietnam-wide entity because an element of the entity, Anvifish, failed
to act to the best of its ability in complying with the Department's
request for information in this review within the established
deadlines, significantly impeded the proceeding, and provided
information that cannot be verified. 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.
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\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 Department previously found that An Giang Fisheries
Import & Export Joint Stock Company (``Agifish'') is a member of the
Hung Vuong Group, which also includes 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. See Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam: Final Results of the
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014).
\3\ On November 4, 2013, the Department announced a change in
practice with respect to the conditional review of the NME entity.
See Antidumping Proceedings; Announcement of Change in Department
Practice for Respondent Selection in Antidumping Duty Proceedings
and Conditional Review of the Nonmarket Economy Entity in NME
Antidumping Proceedings, 78 FR 65963 (Nov. 4, 2013). This review
initiated before this change in practice became effective;
therefore, the Department's new practice does not apply to this
segment.
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DATES: Effective Date: July 11, 2014.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, 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 202-482-0413
or 202-482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department initiated the tenth
administrative review of the antidumping duty order on fish fillets
from Vietnam for the period August 1, 2012, through July 31, 2013.\4\
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1 through October 16, 2013.\5\ On March 26,
2014, the Department partially extended the deadline for issuing the
preliminary results by 30 days.\6\ On June 11, 2014, the Department
partially extended the deadline for issuing the preliminary results by
14 days.\7\ The revised deadline for the preliminary results of this
administrative is now July 2, 2014.
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
60834 (October 2, 2013) (``Initiation Notice''). On November 8,
2013, the Department published a second notice to list two companies
that were inadvertently omitted from the Initiation Notice. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 78 FR 67104 (November 8,
2013).
\5\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\6\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated
March 26, 2014.
\7\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of 2012-2013 Antidumping Duty Administrative Review,'' dated
June 11, 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'').\8\
Although the HTSUS subheading is provided for convenience and Customs
purposes, our written description of the scope of the order is
dispositive.\9\
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\8\ 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.
\9\ See ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Decision Memorandum for the Preliminary Results
of the 2012-2013 Antidumping Duty Administrative Review,'' dated
concurrently with and hereby adopted by this notice (``Preliminary
Decision Memorandum''), for a complete description of the Scope of
the Order.
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Preliminary Determination of No Shipments
On December 11, 2013, the following companies filed no-shipment
certifications indicating that they did not export subject merchandise
to the United States during the POR: An Giang Agriculture and Food
Import-Export Joint Stock Company; Golden Quality Seafood Corporation;
Hoa Phat Seafood Import-Export and Processing J.S.C.; and To Chau Joint
Stock Company. Based on the certifications submitted by the above
companies, and our analysis of the CBP information, we preliminarily
determine that An Giang Agriculture and Food Import-Export Joint Stock
Company, Golden Quality Seafood Corporation, Hoa Phat Seafood Import-
Export and Processing J.S.C., and To Chau Joint Stock Company \10\ did
not have any reviewable transactions during the POR. The Department
finds that consistent with its practice in non-market economy (``NME'')
cases, it is appropriate not to rescind the review in part in this
circumstance but, rather, to complete the review with respect to the
above named companies and issue appropriate instructions to CBP based
on the final results of the review.\11\
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\10\ See Memorandum to the File through Scot T. Fullerton,
Program Manager, Office V, Enforcement and Compliance, through
Steven Hampton, International Trade Compliance Analyst, Office V,
Enforcement and Compliance, regarding ``2012-2013 Administrative
Review of Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam,'' dated February 28, 2014.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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[[Page 40061]]
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(``the Act''). Constructed export prices and export prices have been
calculated in accordance with section 772 of the Act. Because Vietnam
is an NME within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period August 1, 2012,
through July 31, 2013:
------------------------------------------------------------------------
Weighted-average
Exporter margin (dollars/
kilogram) \12\
------------------------------------------------------------------------
Hung Vuong Group \13\............................... 0.58
An Giang Agriculture and Food Import-Export Joint (*)
Stock Company......................................
Asia Commerce Fisheries Joint Stock Company......... 0.58
Binh An Seafood Joint Stock Company................. 0.58
Cadovimex II Seafood Import-Export and Processing 0.58
Joint Stock Company................................
Can Tho Import-Export Joint Stock Company........... 0.58
C.P. Vietnam Corporation............................ 0.58
Cuu Long Fish Joint Stock Company................... 0.58
Dai Thanh Seafoods Company Limited.................. 0.58
Fatifish Company Limited............................ 0.58
GODACO Seafood Joint Stock Company.................. 0.58
Golden Quality Seafood Corporation.................. (*)
Hiep Thanh Seafood Joint Stock Company.............. 0.58
Hoang Long Seafood Processing Company Limited....... 0.58
Hoa Phat Seafood Import-Export and Processing J.S.C. (*)
International Development and Investment Corporation 0.58
Nam Viet Corporation................................ 0.58
Ngoc Ha Co., Ltd. Foods Processing and Trading...... 0.58
NTSF Seafoods Joint Stock Company................... 0.58
Quang Minh Seafood Company Limited.................. 0.58
QVD Food Company Ltd.\14\........................... 0.58
Saigon-Mekong Fishery Co., Ltd...................... 0.58
Southern Fisheries Industries Company Ltd........... 0.58
TG Fishery Holdings Corporation..................... 0.58
Thien Ma Seafood Company Limited.................... 0.58
Thuan An Production Trading and Services Co., Ltd... 0.58
To Chau Joint Stock Company......................... (*)
Vinh Quang Fisheries Joint-Stock Company............ 0.58
Vietnam-Wide Rate \15\.............................. 2.39
------------------------------------------------------------------------
* No Shipments or sales to this review, and the firm has an individual
rate from a prior segment of the proceeding in which the firm had
shipments or sales.
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
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\12\ 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).
\13\ 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.
\14\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the
second review of this order, the Department found QVD, Dong Thap and
THUFICO to be a single entity, and because there has been no
evidence submitted on the record of this review that calls this
determination into question, 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).
\15\ The Vietnam-wide rate includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Seafoods Limited Liability
Company and Anvifish Joint Stock Company.
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Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\16\ 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.\17\ 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)
[[Page 40062]]
a table of authorities.\18\ Parties submitting briefs should do so
pursuant to the Department's electronic filing system, IA ACCESS.
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d)(1)-(2).
\18\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\19\ 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.\20\
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\21\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\21\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\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 the
rate calculated for HVG.\24\ We intend to instruct CBP to liquidate
entries containing subject merchandise exported by the Vietnam-wide
entity at the Vietnam-wide rate.
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\22\ See 19 CFR 351.212(b)(1).
\23\ See 19 CFR 351.106(c)(2).
\24\ See Preliminary Decision Memorandum.
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The Department refined 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\
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\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed Vietnam and non-Vietnam exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Vietnam exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the Vietnam -wide entity; and
(4) for all non-Vietnam exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Vietnam exporter that supplied that non-Vietnam
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This preliminary determination is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
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. Non-Market Economy Country Status
5. Separate Rates
6. Vietnam-Wide Entity
7. Surrogate Country
8. Determination of Comparison Method
9. Results of Differential Pricing Analysis
10. Comparisons to Normal Value
11. U.S. Price
12. Normal Value
13. Factor Valuations
14. Currency Conversion
[FR Doc. 2014-16311 Filed 7-10-14; 8:45 am]
BILLING CODE 3510-DS-P
