Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order, 60452-60453 [2014-23962]

Download as PDF 60452 Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices apply to entries of subject merchandise during the POR produced by each respondent for which they did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.15 We intend to issue instructions to CBP 15 days after publication of the final results of this review. asabaliauskas on DSK5VPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Super Impex will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.91 percent, the all-others rate established in the investigation. Disclosure and Public Comment The Department intends to disclose to interested parties to this proceeding the calculations performed in connection with these preliminary results within five days after the date of publication of this notice.16 Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.17 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with 15 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 16 See 19 CFR 351.224(b). 17 See 19 CFR 351.309(d). VerDate Sep<11>2014 17:15 Oct 06, 2014 Jkt 235001 the argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.18 All case and rebuttal briefs must be filed electronically using IA ACCESS, and must also be served on interested parties.19 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. Executive summaries should be limited to five pages total, including footnotes. 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, U.S. Department of Commerce, using Enforcement and Compliance’s IA ACCESS system within 30 days of publication of this notice.20 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. 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. Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), the Department intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their case and rebuttal briefs, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Notification to Importers 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 and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the 18 See 19 CFR 351.309(c)(2) and (d)(2). 19 CFR 351.303(f). 20 See 19 CFR 351.310(c). 19 See PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 subsequent assessment of double antidumping duties. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 30, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Partial Rescission of the 2012–2013 Administrative Review 4. No Shipment Claim by AR Printing 5. Discussion of Methodology [FR Doc. 2014–23966 Filed 10–6–14; 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: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this second sunset review, the Department of Commerce (‘‘the Department’’) finds that revocation of the antidumping duty order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: October 7, 2014. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0413. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 2, 2014, the Department published a notice of initiation of the second sunset review of the antidumping duty order on fish fillets from Vietnam,1 pursuant to section 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 On June 11, 2014, Catfish Farmers of America and individual U.S. catfish processors (‘‘Petitioners’’) timely notified the Department of their intent to participate within the deadline specified in 19 CFR 351.218(d)(1)(i), claiming domestic interested party status under section 771(9)(C) and (G) of the Act.3 On July 2, 2014, the Department received an adequate substantive response from Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no responses from respondent interested parties. As a result, the Department conducted an expedited (120-day) sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Order The merchandise covered by this 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’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding, which is contained in the accompanying Issues and Decision Memorandum, is dispositive.5 asabaliauskas on DSK5VPTVN1PROD with NOTICES Analysis of Comments Received A complete discussion of all issues raised in this sunset review are addressed in the Issues and Decision Memorandum. The issues discussed in 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 31306 (June 2, 2014). 3 See Petitioners’ June 11, 2014, submission. 4 See Petitioners’ July 2, 2014, submission. 5 See ‘‘Expedited Second Sunset Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues and Decision Memorandum,’’ from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). VerDate Sep<11>2014 17:15 Oct 06, 2014 Jkt 235001 the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the order were to be revoked. The Issues and Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to section 752(c)(3) of the Act, the Department determines that revocation of the order would be likely to lead to continuation or recurrence of dumping at weighted average margins up to 63.88 percent.6 Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: September 29, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–23962 Filed 10–6–14; 8:45 am] BILLING CODE 3510–DS–P 6 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 43713, 43715 (July 24, 2003). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 60453 DEPARTMENT OF COMMERCE International Trade Administration Announcement of Changes to the Membership of the Performance Review Board International Trade Administration, Department of Commerce. ACTION: Notice of Performance Review Board membership. AGENCY: The regulations at 5 CFR 430.310 require agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. In accordance with those regulations, this notice announces changes to the membership of the International Trade Administration’s Performance Review Board. DATES: Effective Date: The changes made to the Performance Review Board are effective September 30, 2014. FOR FURTHER INFORMATION CONTACT: Jennifer Munz, U.S. Department of Commerce, Office of Human Resources Management (OHRM), Office of Executive Resources, 14th and Constitution Avenue NW., Room 51010, Washington, DC 20230, at (202) 482– 4051. SUPPLEMENTARY INFORMATION: The International Trade Administration (ITA) published its list of Performance Review Board appointees pursuant to the regulations at 5 CFR 430.310 (74 FR 51261). The purpose of the Performance Review Board is to review and make recommendations to the appointing authority on performance management issues such as appraisals, bonuses, pay level increases, and Presidential Rank Awards for members of the Senior Executive Service. The appointment of these members to the Performance Review Board will be for a period of twenty-four (24) months. ITA publishes this notice to announce changes to the Performance Review Board’s membership. The name, position title, and type of appointment of each member of ITA’s Performance Review Board are set forth below by organization: SUMMARY: Department of Commerce, International Trade Administration (ITA) Tim Rosado, Chief Financial and Administrative Officer, Career SES, serves as Chairperson, new member Kenneth Berman, Deputy Chief Information Officer, Career SES Edward M. Dean, Deputy Assistant Secretary for Services, Non-Career SES, Political Advisor, new member E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60452-60453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23962]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results of Expedited Second Sunset Review of the 
Antidumping Duty Order

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

SUMMARY: As a result of this second sunset review, the Department of 
Commerce (``the Department'') finds that revocation of the antidumping 
duty order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam'') would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Effective Date: October 7, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2014, the Department published a notice of initiation of 
the second sunset review of the antidumping duty order on fish fillets 
from Vietnam,\1\ pursuant to section

[[Page 60453]]

751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ On June 
11, 2014, Catfish Farmers of America and individual U.S. catfish 
processors (``Petitioners'') timely notified the Department of their 
intent to participate within the deadline specified in 19 CFR 
351.218(d)(1)(i), claiming domestic interested party status under 
section 771(9)(C) and (G) of the Act.\3\ On July 2, 2014, the 
Department received an adequate substantive response from Petitioners 
within the deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We 
received no responses from respondent interested parties. As a result, 
the Department conducted an expedited (120-day) sunset review of the 
order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 31306 
(June 2, 2014).
    \3\ See Petitioners' June 11, 2014, submission.
    \4\ See Petitioners' July 2, 2014, submission.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this 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''). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding, 
which is contained in the accompanying Issues and Decision Memorandum, 
is dispositive.\5\
---------------------------------------------------------------------------

    \5\ See ``Expedited Second Sunset Review of the Antidumping Duty 
Order on Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Issues and Decision Memorandum,'' from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated concurrently with and hereby 
adopted by this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review 
are addressed in the Issues and Decision Memorandum. The issues 
discussed in the Issues and Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins of dumping likely to prevail if the order were to be revoked. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and to all parties in the Central Records Unit, Room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review

    Pursuant to section 752(c)(3) of the Act, the Department determines 
that revocation of the order would be likely to lead to continuation or 
recurrence of dumping at weighted average margins up to 63.88 
percent.\6\
---------------------------------------------------------------------------

    \6\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value: Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam, 68 FR 43713, 43715 (July 24, 
2003).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-23962 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P

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