Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 2012-2013, 40710-40712 [2014-16422]
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40710
Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
merchandise, the new company
operates as the same business entity as
the former predecessor company, the
Department will afford the new
company the same AD treatment as its
predecessor, i.e., will assign the new
company the same cash deposit rate of
its predecessor.11
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.12
The Preliminary Decision
Memorandum 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 in the Central
Records Unit (CRU), 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 and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Results of the Changed
Circumstances Review
Based on the evidence reviewed, we
preliminarily determine that Kokuyo
Riddhi is the successor-in-interest to
Riddhi. Specifically, we find that the
change of the notebook business as a
result of the transfer from Riddhi to
Kokuyo Riddhi resulted in no
significant changes to management,
production facilities, supplier
relationships, and customers with
respect to the production and sale of the
subject merchandise. Thus, Kokuyo
Riddhi operates essentially as the same
business entity as Riddhi with respect to
the subject merchandise.
If the Department upholds these
preliminary results in the final results,
Kokuyo Riddhi will retain the AD
deposit rate currently assigned to
Riddhi with respect to the subject
merchandise (i.e., zero percent cash
deposit rate). If these preliminary results
are adopted in the final results of this
CCR, we will instruct Customs and
Border Protection (CBP) to suspend
liquidation of entries of CLPP made by
Kokuyo Riddhi, effective on the
publication date of the final results, at
the cash deposit rate that is currently
11 See Fresh and Chilled Atlantic Salmon From
Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR
9979, 9980 (March 1, 1999).
12 See Initiation and Preliminary Decision
Memorandum.
VerDate Mar<15>2010
19:25 Jul 11, 2014
Jkt 232001
assigned to Riddhi (i.e., zero percent ad
valorem).13
Public Comment
Interested parties may submit case
briefs and/or written comments not later
than 30 days after the date of
publication of this notice.14 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the deadline for filing
case briefs.15 Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
All comments are to be filed
electronically using IA ACCESS, and
must also be served on interested
parties.16 An electronically filed
document must be received successfully
in its entirety by IA ACCESS by 5:00
p.m. Eastern Standard Time on the day
it is due.17
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via IA ACCESS, within 30
days after the date of publication of this
notice.18 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
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, we will inform parties
of the scheduled date for the hearing
which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.19 Parties
should confirm by telephone the date,
time, and location of the hearing.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days if all parties agree to
our preliminary finding.
We are issuing and publishing this
finding and notice in accordance with
sections 751(b)(l) and 777(i)(l) of the Act
and 19 CFR 351.216 and
351.221(c)(3)(ii).
13 See Certain Lined Paper Products from India:
Final Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 22232 (April 15, 2013).
14 See 19 CFR 351.309(c)(2).
15 See 19 CFR 351.309(d).
16 See 19 CFR 351.303(b) and (f).
17 See 19 CFR 351.303(b).
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310.
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Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–16285 Filed 7–11–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Intent To Rescind
Antidumping Duty New Shipper
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review (‘‘NSR’’) of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’). The
period of review (‘‘POR’’) is August 1,
2012, through July 31, 2013. The review
covers one producer and exporter of
subject merchandise, Thanh Hung Co.,
Ltd. D/B/A Thanh Hung Frozen Seafood
Processing Import Export Co., Ltd.
(‘‘Thanh Hung’’). The Department
preliminarily determines that Thanh
Hung’s sale to the United States was not
bona fide and is preliminarily
rescinding this NSR. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: July 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, 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)
482–4031.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 30, 2013, the
Department initiated an NSR of fish
fillets from Vietnam for the period
August 1, 2012, through July 31, 2013.1
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,
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Initiation of
Antidumping Duty New Shipper Review, 78 FR
59915 (September 30, 2013).
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
through October 16, 2013.2 On March
19, 2014, the Department extended the
time period for issuing the preliminary
results by 71 days.3 On June 11, 2014,
the Department partially extended the
deadline for issuing the preliminary
results by 14 days.4 The revised
deadline for the preliminary results of
this new shipper review is now July 2,
2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article codes 0304.29.6033,
0304.62.0020, 0305.59.0000,
0305.59.4000, 1604.19.2000,
1604.19.2100, 1604.19.3000,
1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000,
1604.19.5100, 1604.19.6100 and
1604.19.8100 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).5
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.6
2 See Memorandum to the File, ‘‘Frontseating
Service Valves From the People’s Republic of
China: Tolling of Deadlines for Shutdown of the
Federal Government,’’ dated October 22, 2013.
3 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations from Susan Pulongbarit, International
Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. dated March 19, 2014.
4 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations from Susan Pulongbarit, International
Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. dated June 11, 2014.
5 Until July 1, 2004, these products were
classifiable under HTSUS 0304.20.6030 (Frozen
Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
NESOI), 0304.20.6043 (Frozen Freshwater Fish
Fillets) and 0304.20.6057 (Frozen Sole Fillets).
Until February 1, 2007, these products were
classifiable under HTSUS 0304.20.6033 (Frozen
Fish Fillets of the species Pangasius, including basa
and tra). On March 2, 2011, the Department added
two HTSUS numbers at the request of U.S. Customs
and Border Protection (‘‘CBP’’): 1604.19.2000 and
1604 19.3000. On January 30, 2012, the Department
added eight HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.2100,
1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100.
6 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty New Shipper Review:
VerDate Mar<15>2010
19:25 Jul 11, 2014
Jkt 232001
Methodology
The Department conducted these
reviews in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.214. For a full description of the
methodology underlying our
conclusions, see the Appendix
accompanying this notice and 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 in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Bona Fide Analysis
As discussed in the bona fide memo,
the Department preliminarily finds that
the sale by Thanh Hung is not a bona
fide sale and that the sale does not
provide a reasonable or reliable basis for
calculating a dumping margin.7
Specifically, the Department reached
this conclusion based on the totality of
circumstances, namely: (a) The atypical
nature of Thanh Hung’s price and
quantity; (b) extraordinary expenses
arising from the transaction; (c) the
importer’s regular commercial interest;
(d) atypical circumstances surrounding
production; and (e) unreported
connections to other entities.8 Because
this non-bona fide sale was the only sale
of subject merchandise during the POR,
Certain Frozen Fish Fillets from the Socialist’s
Republic of Vietnam’’ from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, dated June 18, 2014 (‘‘Preliminary
Decision Memorandum’’) and hereby adopted by
this notice, for a complete description of the Scope
of the Order.
7 See Memorandum to James Doyle, Director,
Office V, Antidumping and Countervailing Duty
Operations, through Scot T. Fullerton, Program
Manager, Office V, Antidumping and
Countervailing Duty Operations, from Susan
Pulongbarit, International Trade Analyst, titled
‘‘New Shipper Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Bona Fide
Nature of Thanh Hung Co., Ltd.’s Sale,’’ dated
concurrently and hereby adopted by this notice.
8 See id.
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40711
the Department is preliminarily
rescinding the NSR.
Disclosure and Public Comments
The Department will disclose analysis
performed to parties to the proceeding
within five days after the date of
publication of this notice.9
Interested parties are invited to
comment on the preliminary results of
this review. Interested parties may
submit case briefs no later than 30 days
after the date of publication of the
preliminary results of review.10 Rebuttal
briefs, limited to issues raised in such
briefs, may be filed no later than five
days after the time limit for filing the
case briefs.11
Any interested party may request a
hearing within 30 days of publication of
the preliminary results in the Federal
Register.12 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, 1401
Constitution Avenue NW., Washington,
DC 20230.13
The Department intends to issue the
final results of this NSR, which will
include the results of its analysis of
issues raised in all comments and at any
hearing, within 90 days of publication
of these preliminary results, pursuant to
section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon completion of the final results,
pursuant to 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. If we proceed to a
final rescission of this NSR, Thanh
Hung’s entry will be assessed at the rate
entered.14 If we do not proceed to a final
rescission of this NSR, pursuant to 19
CFR 351.212(b)(1), we will calculate
importer-specific (or customer)
assessment rates on a per unit basis.15
9 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); Parties submitting
written comments must submit them pursuant to
the Department’s e-filing regulations. See https://
iaaccess.trade.gov/help/IA%20ACCESS%20User
%20Guide.pdf.
11 See 19 CFR 351.309(d)(1)–(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310(d).
14 See 19 CFR 351.212(c).
15 In the third administrative review, the
Department determined that it would calculate perunit assessment and cash deposit rates for all future
reviews. See Certain Frozen Fish Fillets from the
10 See
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis.16
In either case, the Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
the final results of review. The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Interested Parties
This notice 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 this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and
Partial Rescission, 73 FR 15479 (March 24, 2008).
16 See 19 CFR 351.106(c)(2).
19:25 Jul 11, 2014
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Bona Fides Analysis
[FR Doc. 2014–16422 Filed 7–11–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–856]
Effective upon publication of the final
rescission or the final results of this
NSR, pursuant to section
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e), the Department will instruct
CBP to discontinue the option of posting
a bond or security in lieu of a cash
deposit for entries of subject
merchandise by Thanh Hung. If the
Department proceeds to a final
rescission of this NSR, the cash deposit
rate will continue to be the per-unit
Vietnam-wide rate for Thanh Hung
because the Department will not have
determined an individual margin of
dumping for Thanh Hung. If the
Department issues final results for this
NSR, the Department will instruct CBP
to collect cash deposits, effective upon
the publication of the final results, at
the rates established therein.
VerDate Mar<15>2010
Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Jkt 232001
Steel Threaded Rod From India: Final
Affirmative Countervailing Duty
Determination and Partial Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that
countervailable subsidies are being
provided to producers and exporters of
steel threaded rod from India. For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
DATES: Effective Date: July 14, 2014.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Andrew Medley, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202–482–1442 and 202–482–
4987, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This investigation, which covers 13
programs, was initiated on July 24,
2013.1 The petitioners in this
investigation are All America Threaded
Products Inc., Bay Standard
Manufacturing, Inc., and Vulcan
Threaded Products Inc. In addition to
the Government of India (‘‘GOI’’), the
respondents in this investigation are
Mangal Steel Enterprises Ltd. (‘‘Mangal
Steel’’) and Babu Exports (‘‘Babu’’).
Period of Investigation
The period for which we are
measuring subsidies, or period of
1 See Steel Threaded Rod From India: Initiation
of Countervailing Duty Investigation, 78 FR 44532
(July 24, 2013) and accompanying Initiation
Checklist.
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Frm 00008
Fmt 4703
Sfmt 4703
investigation (‘‘POI’’), is January 1,
2012, through December 31, 2012.
Case History
The events that occurred since the
Department published the Preliminary
Determination on December 19, 2013,2
are discussed in the Memorandum to
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, ‘‘Issues and Decision
Memorandum for the Final
Determination in the Countervailing
Duty Investigation of Steel Threaded
Rod from India’’ (‘‘Issues and Decision
Memorandum’’).3
Scope of the Investigation
The merchandise covered by this
investigation is steel threaded rod. For
a complete description of the scope of
the investigation, see Appendix 1 to this
notice.
Critical Circumstances
In our Preliminary Critical
Circumstances Determination, we
determined that critical circumstances
do not exist for Mangal Steel, but do
exist with respect to imports from Babu
and ‘‘all other’’ exporters of steel
threaded rod from India.4 No party
submitted comments with respect to,
and we made no changes to, our
preliminary affirmative critical
circumstances determination. Therefore,
in accordance with section 705(a)(2) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), we continue to find that critical
circumstances exist with respect to
imports from Babu and ‘‘all other’’
exporters of steel threaded rod from
India.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum,
which is hereby adopted by this notice.
2 See Steel Threaded Rod from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final
Antidumping Determination, 78 FR 76815
(December 19, 2013) (‘‘Preliminary
Determination’’).
3 Public versions of all business proprietary
documents and all public documents are on file
electronically via Enforcement and Compliance’s
Antidumping and Countervailing Duty Centralized
Electronic Service System (‘‘IA ACCESS’’). Access
to IA ACCESS is available to registered users at
https://iaaccess.trade.gov and in the Department’s
Central Records Unit, room 7046 of the main
Department of Commerce building.
4 See Steel Threaded Rod from India: Preliminary
Affirmative Determination of Critical Circumstances
for the Countervailing Duty Investigation, 79 FR
9162 (February 18, 2014) (‘‘Preliminary Critical
Circumstances Determination’’).
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]]>Agencies
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40710-40712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16422]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Intent To Rescind Antidumping Duty New Shipper
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review (``NSR'') of the antidumping duty order on certain
frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam''). The period of review (``POR'') is August 1, 2012,
through July 31, 2013. The review covers one producer and exporter of
subject merchandise, Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen
Seafood Processing Import Export Co., Ltd. (``Thanh Hung''). The
Department preliminarily determines that Thanh Hung's sale to the
United States was not bona fide and is preliminarily rescinding this
NSR. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: July 14, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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-
4031.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2013, the Department initiated an NSR of fish
fillets from Vietnam for the period August 1, 2012, through July 31,
2013.\1\ 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,
[[Page 40711]]
through October 16, 2013.\2\ On March 19, 2014, the Department extended
the time period for issuing the preliminary results by 71 days.\3\ On
June 11, 2014, the Department partially extended the deadline for
issuing the preliminary results by 14 days.\4\ The revised deadline for
the preliminary results of this new shipper review is now July 2, 2014.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Review, 78 FR
59915 (September 30, 2013).
\2\ See Memorandum to the File, ``Frontseating Service Valves
From the People's Republic of China: Tolling of Deadlines for
Shutdown of the Federal Government,'' dated October 22, 2013.
\3\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations from Susan
Pulongbarit, International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. dated March 19, 2014.
\4\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations from Susan
Pulongbarit, International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, re: Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty New Shipper Review of Thanh
Hung Co., Ltd. dated June 11, 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 species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\5\
Although the HTSUS subheading is provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.\6\
---------------------------------------------------------------------------
\5\ Until July 1, 2004, these products were classifiable under
HTSUS 0304.20.6030 (Frozen Catfish Fillets), 0304.20.6096 (Frozen
Fish Fillets, NESOI), 0304.20.6043 (Frozen Freshwater Fish Fillets)
and 0304.20.6057 (Frozen Sole Fillets). Until February 1, 2007,
these products were classifiable under HTSUS 0304.20.6033 (Frozen
Fish Fillets of the species Pangasius, including basa and tra). On
March 2, 2011, the Department added two HTSUS numbers at the request
of U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and
1604 19.3000. On January 30, 2012, the Department added eight HTSUS
numbers at the request of CBP: 0304.62.0020, 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100.
\6\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets
from the Socialist's Republic of Vietnam'' from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated June 18, 2014 (``Preliminary Decision
Memorandum'') and hereby adopted by this notice, for a complete
description of the Scope of the Order.
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Methodology
The Department conducted these reviews in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19
CFR 351.214. For a full description of the methodology underlying our
conclusions, see the Appendix accompanying this notice and 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 in the Central Records Unit,
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the internet at https://www.trade.gov/enforcement/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Bona Fide Analysis
As discussed in the bona fide memo, the Department preliminarily
finds that the sale by Thanh Hung is not a bona fide sale and that the
sale does not provide a reasonable or reliable basis for calculating a
dumping margin.\7\ Specifically, the Department reached this conclusion
based on the totality of circumstances, namely: (a) The atypical nature
of Thanh Hung's price and quantity; (b) extraordinary expenses arising
from the transaction; (c) the importer's regular commercial interest;
(d) atypical circumstances surrounding production; and (e) unreported
connections to other entities.\8\ Because this non-bona fide sale was
the only sale of subject merchandise during the POR, the Department is
preliminarily rescinding the NSR.
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\7\ See Memorandum to James Doyle, Director, Office V,
Antidumping and Countervailing Duty Operations, through Scot T.
Fullerton, Program Manager, Office V, Antidumping and Countervailing
Duty Operations, from Susan Pulongbarit, International Trade
Analyst, titled ``New Shipper Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Bona Fide Nature of Thanh
Hung Co., Ltd.'s Sale,'' dated concurrently and hereby adopted by
this notice.
\8\ See id.
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Disclosure and Public Comments
The Department will disclose analysis performed to parties to the
proceeding within five days after the date of publication of this
notice.\9\
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\9\ See 19 CFR 351.224(b).
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Interested parties are invited to comment on the preliminary
results of this review. Interested parties may submit case briefs no
later than 30 days after the date of publication of the preliminary
results of review.\10\ Rebuttal briefs, limited to issues raised in
such briefs, may be filed no later than five days after the time limit
for filing the case briefs.\11\
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\10\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written
comments must submit them pursuant to the Department's e-filing
regulations. See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
\11\ See 19 CFR 351.309(d)(1)-(2).
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Any interested party may request a hearing within 30 days of
publication of the preliminary results in the Federal Register.\12\
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,
1401 Constitution Avenue NW., Washington, DC 20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this NSR,
which will include the results of its analysis of issues raised in all
comments and at any hearing, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR
351.212(b), the Department will determine, and CBP shall assess,
antidumping duties on all appropriate entries. If we proceed to a final
rescission of this NSR, Thanh Hung's entry will be assessed at the rate
entered.\14\ If we do not proceed to a final rescission of this NSR,
pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific
(or customer) assessment rates on a per unit basis.\15\
[[Page 40712]]
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above de minimis.\16\
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\14\ See 19 CFR 351.212(c).
\15\ In the third administrative review, 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).
\16\ See 19 CFR 351.106(c)(2).
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In either case, the Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue
the option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise by Thanh Hung. If the Department
proceeds to a final rescission of this NSR, the cash deposit rate will
continue to be the per-unit Vietnam-wide rate for Thanh Hung because
the Department will not have determined an individual margin of dumping
for Thanh Hung. If the Department issues final results for this NSR,
the Department will instruct CBP to collect cash deposits, effective
upon the publication of the final results, at the rates established
therein.
Notification to Interested Parties
This notice 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 this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) 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. Background
2. Scope of the Order
3. Bona Fides Analysis
[FR Doc. 2014-16422 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P
