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]

Download as PDF 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 14JYN1 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 Continued 14JYN1 40712 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. PO 00000 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’’). E:\FR\FM\14JYN1.SGM 14JYN1

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]


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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.
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Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius) and Pangasius 
Micronemus. These products are classifiable under tariff article codes 
0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 
1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 
1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish 
Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\5\ 
Although the HTSUS 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.
---------------------------------------------------------------------------

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

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\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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