Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013, 40059-40062 [2014-16311]

Download as PDF 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 VerDate Mar<15>2010 20:23 Jul 10, 2014 Jkt 232001 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: Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1 40060 Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 20:23 Jul 10, 2014 Jkt 232001 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. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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). E:\FR\FM\11JYN1.SGM 11JYN1 40061 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). tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 20:23 Jul 10, 2014 Jkt 232001 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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). E:\FR\FM\11JYN1.SGM 11JYN1 40062 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. tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 20:23 Jul 10, 2014 Jkt 232001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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.

---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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