Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2012-2013, 2394-2397 [2015-00649]
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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices
are binding on member nations.
Domestic stock assessments for most
species of sharks and for dolphin and
wahoo are often used as the basis of
managing these species.
Supplementary information on fishing
costs and earnings has been collected
via this vessel logbook program. This
economic information enables NMFS to
assess the economic impacts of
regulatory programs on small businesses
and fishing communities, consistent
with the National Environmental Policy
Act (NEPA), Executive Order 12866, the
Regulatory Flexibility Act, and other
domestic laws.
Affected Public: Business or other forprofit organizations; individuals or
households.
Frequency: Annually and per trip.
Respondent’s Obligation: Mandatory.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: January 13, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
antidumping duty order on welded
carbon steel standard pipe and tube
products from Turkey.1 The period of
review (POR) is May 1, 2012, through
April 30, 2013. In the Final Results, the
Department misspelled the name of a
company on which the Department had
initiated a review,2 but for which record
evidence does not exist under that
spelling. Specifically, the Department
initiated a review of Toscelik Profil ve
Sac Endustisi A.S. However,
information later placed on the record
indicates that no company exists with
this spelling (i.e., spelled without an ‘‘r’’
in the final word of the name).3 While
we intended to include this company in
the list of companies that had made no
shipments during the POR, we
mistakenly listed the company as
Toscelik Profil ve Sac Endustrisi A.S.
(i.e., with an ‘‘r’’ in the last full word of
the name). In the list of companies that
had no shipments, the Department
intended to spell this company name as
Toscelik Profil ve Sac Endustisi A.S.
(i.e., without an ‘‘r’’ in the last full word
of the name).
This correction to the final results of
administrative review is issued and
published in accordance with sections
751(h) and 777(i) of the Tariff Act of
1930, as amended.
Dated: January 9, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015–00606 Filed 1–15–15; 8:45 am]
BILLING CODE 3510–22–P
[FR Doc. 2015–00646 Filed 1–15–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
DEPARTMENT OF COMMERCE
[A–489–501]
International Trade Administration
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey:
Notice of Correction to the Final
Results of Antidumping Duty
Administrative Review; 2012–2013
[A–552–801]
Enforcement and Compliance,
International Trade Administration,
Commerce.
AGENCY:
Fred
Baker or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–2924 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION: On
December 1, 2014, the Department of
Commerce (the Department) published
the final results of the 2012–2013
administrative review of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Commerce.
AGENCY:
1 See Welded Carbon Steel Standard Pipe and
Tube Products From Turkey: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 71087 (December 1, 2014) (Final
Results).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 38924 (June
28, 2013).
3 See October 30, 2013, submission by Toscelik
Profil ve Sac Endustrisi A.S. at 3. Note that the
company that made this submission, and that spells
its name with an ‘‘r’’ in the final full word of its
name, is not the company whose name was
misspelled in the Final Results.
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The Department of Commerce
(‘‘the Department’’) published the
Preliminary Results of the tenth
administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) on July 11, 2014.1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, we
made changes to the margin calculations
for these final results. The final
dumping margins are listed below in the
‘‘Final Results of the Administrative
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2012, through July 31, 2013.
DATES: Effective January 16, 2015.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Steven Hampton, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202–482–0413 or 202–482–
0116, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Department published the
Preliminary Results on July 11, 2014.2
Between September 19 and October 2,
2014, interested parties submitted case
and rebuttal briefs. On October 22, 2014,
the Department extended the deadline
for the final results to December 11,
2014.3 On November 12, 2014, the
Department held a closed hearing and a
public hearing limited to issues raised
in the case and rebuttal briefs. On
November 19, 2014, the Department
fully extended the deadline for the final
results to January 7, 2015.4
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of the
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 40059 (July 11, 2014) (‘‘Preliminary
Results’’), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results.
3 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Steven
Hampton, International Trade Compliance Analyst,
Office V, Antidumping and Countervailing Duty
Operations regarding Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review, dated October 22, 2014.
4 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Steven
Hampton, International Trade Compliance Analyst,
Office V, Antidumping and Countervailing Duty
Operations regarding Certain Frozen Fish Fillets
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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 code 0304.62.0020 (Frozen Fish
Fillets of the species Pangasius,
including basa and tra), and may enter
under tariff article codes 0305.59.0000,
1604.19.2100, 1604.19.3100,
1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).5 Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive.6
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Issues and Decision
Memorandum. A list of the issues which
parties raised is attached to this notice
as an appendix. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(‘‘CRU’’), Room 7046 of the main
from the Socialist Republic of Vietnam: Second
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, dated
November 19, 2014.
5 Until June 30, 2004 these products were
classifiable under HTSUS 0304.20.6030,
0304.20.6096, 0304.20.6043 and 0304.20.6057.
From July 1, 2004 until December 31, 2006 these
products were classifiable under HTSUS
0304.20.6033. From January 1, 2007 until December
31, 2011 these products were classifiable under
HTSUS 0304.29.6033. On March 2, 2011 the
Department added two HTSUS numbers at the
request of U.S. Customs and Border Protection
(‘‘CBP’’) that the subject merchandise may enter
under: 1604.19.2000 and 1604.19.3000, which were
changed to 1604.19.2100 and 1604.19.3100 on
January 1, 2012. On January 1, 2012 the Department
added the following HTSUS numbers at the request
of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100,
1604.19.5100, 1604.19.6100 and 1604.19.8100.
6 For a complete description of the scope of the
order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, regarding Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Issues and
Decision Memorandum for the Final Results of the
Tenth Antidumping Duty Administrative Review;
2012–2013, at 2–3 (‘‘Issues and Decision
Memorandum’’), dated concurrently with and
hereby adopted by this notice.
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Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).7
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the Issues and Decision Memorandum
can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we revised the margin calculation for
HVG.8 The Surrogate Values Memo
contains further explanation of our
changes to the surrogate values selected
for HVG’s factors of production.9 The
Department also has revised the
separate rate status for Can Tho ImportExport Joint Stock Company
(‘‘CASEAMEX’’).10
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
7 On November 24, 2014, Enforcement and
Compliance changed the name of its centralized
electronic service system to ACCESS. The Web site
location was changed from https://iaaccess.trade.gov
to https://access.trade.gov. The Final Rule changing
the references to the centralized electronic service
system to ACCESS in the Department’s regulations
can be found at 79 FR 69046 (November 20, 2014).
8 The Hung Vuong Group, or ‘‘HVG,’’ includes:
An Giang Fisheries Import & Export Joint Stock
Company, Asia Pangasius Company Limited,
Europe Joint Stock Company, Hung Vuong Joint
Stock Company, Hung Vuong Mascato Company
Limited, Hung Vuong—Vinh Long Co., Ltd., and
Hung Vuong—Sa Dec Co., Ltd. See Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Final Results of the Antidumping Duty
Administrative Review and New Shipper Review;
2011–2012, 79 FR 19053 (April 7, 2014) and
accompanying Issues and Decision Memorandum at
3.
9 See Memorandum to the File, through Scot T.
Fullerton, Program Manager, Office V, Enforcement
& Compliance, from Paul Walker, Case Analyst,
regarding Tenth Administrative Review of Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Surrogate Values for the Final Results,
dated concurrently with and hereby adopted by this
notice.
10 See accompanying company-specific analysis
memoranda, dated concurrently with and hereby
adopted by this notice.
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2395
that An Giang Agriculture and Food
Import-Export Joint Stock Company
(‘‘Afiex’’); Golden Quality Seafood
Corporation (‘‘Golden Quality’’); Hoa
Phat Seafood Import-Export and
Processing J.S.C. (‘‘Hoa Phat’’); and To
Chau Joint Stock Company (‘‘To Chau’’)
did not have any reviewable
transactions during the POR.11
Consistent with the Department’s
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases, we
completed the review with respect to
the above-named companies.12 Based on
the certifications submitted by Afiex,
Golden Quality, Hoa Phat, and To Chau,
and our analysis of CBP information, we
continue to determine that these
companies did not have any reviewable
transactions during the POR. As noted
in the ‘‘Assessment Rates’’ section
below, the Department intends to issue
appropriate instructions to CBP for the
above-named companies based on the
final results of the review.
Application of Adverse Facts Available
and the Rate Assigned to the VietnamWide Entity
As stated in the Preliminary Results,
the Vietnam-wide entity, which
includes Anvifish Joint Stock Company
(‘‘Anvifish’’), failed to cooperate to the
best of its ability in providing requested
information because it withheld
requested information, failed to provide
the information in a timely manner and
in the form requested, and significantly
impeded this proceeding.13 The
Department has not received any
information since the Preliminary
Results that calls into question that
earlier determination. Accordingly,
pursuant to sections 776(a)(2)(A), (B),
and (C) and section 776(b) of the Tariff
Act of 1930, as amended (‘‘the Act’’), we
continue to find it appropriate to assign
the Vietnam-wide entity a rate based on
total adverse facts available (‘‘AFA’’).
Final Results of the Review
The dumping margins for the final
results of this administrative review are
as follows:
11 See
Preliminary Results, 79 FR at 40060.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
13 See Preliminary Decision Memorandum, at 8–
12.
12 See
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Margins
(dollars/
kilogram) 14
Exporter
Hung Vuong Group 15 ..........................................................................................................................................................................
An Giang Agriculture and Food Import-Export Joint Stock Company ................................................................................................
Asia Commerce Fisheries Joint Stock Company ................................................................................................................................
Binh An Seafood Joint Stock Company ..............................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ....................................................................................
C.P. Vietnam Corporation ....................................................................................................................................................................
Cuu Long Fish Joint Stock Company ..................................................................................................................................................
Dai Thanh Seafoods Company Limited ..............................................................................................................................................
Fatifish Company Limited ....................................................................................................................................................................
GODACO Seafood Joint Stock Company ...........................................................................................................................................
Golden Quality Seafood Corporation ..................................................................................................................................................
Hiep Thanh Seafood Joint Stock Company ........................................................................................................................................
Hoang Long Seafood Processing Company Limited ..........................................................................................................................
Hoa Phat Seafood Import-Export and Processing J.S.C. ...................................................................................................................
International Development and Investment Corporation .....................................................................................................................
Nam Viet Corporation ..........................................................................................................................................................................
Ngoc Ha Co., Ltd. Foods Processing and Trading .............................................................................................................................
NTSF Seafoods Joint Stock Company ................................................................................................................................................
Quang Minh Seafood Company Limited .............................................................................................................................................
QVD Food Company Ltd. 16 ................................................................................................................................................................
Saigon-Mekong Fishery Co., Ltd. ........................................................................................................................................................
Southern Fisheries Industries Company Ltd. ......................................................................................................................................
TG Fishery Holdings Corporation ........................................................................................................................................................
Thien Ma Seafood Company Limited ..................................................................................................................................................
Thuan An Production Trading and Services Co., Ltd. ........................................................................................................................
To Chau Joint Stock Company ...........................................................................................................................................................
Vinh Quang Fisheries Joint-Stock Company ......................................................................................................................................
Vietnam-Wide Rate 17 ..........................................................................................................................................................................
0.97
(*)
0.97
0.97
0.97
0.97
0.97
0.97
0.97
0.97
(*)
0.97
0.97
(*)
0.97
0.97
0.97
0.97
0.97
0.97
0.97
0.97
0.97
0.97
0.97
(*)
0.97
2.39
* No Shipments or sales in this review, and the firm has an individual rate from a prior segment of the proceeding in which the firm had shipments or sales.
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
asabaliauskas on DSK5VPTVN1PROD with NOTICES
14 In
the third administrative review of this order,
the Department determined that it would calculate
per-unit assessment and cash deposit rates for all
future reviews. See Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and
Partial Rescission, 73 FR 15479 (March 24, 2008).
15 This rate is applicable to the Hung Vuong
Group, which includes: An Giang Fisheries Import
and Export Joint Stock Company, Asia Pangasius
Company Limited, Europe Joint Stock Company,
Hung Vuong Joint Stock Company, Hung Vuong
Mascato Company Limited, Hung Vuong—Vinh
Long Co., Ltd., and Hung Vuong—Sa Dec Co., Ltd.
16 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co.,
Ltd. (‘‘THUFICO’’). In the second review of this
order, the Department found QVD, Dong Thap and
THUFICO to be a single entity, and because there
has been no evidence submitted on the record of
this review that calls this determination into
question, we continue to find these companies to
be part of a single entity. Therefore, we will assign
this rate to the companies in the single entity. See
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of
Antidumping Duty Administrative Review, 71 FR
53387 (September 11, 2006).
17 The Vietnam-wide rate also includes the
following companies which are under review, but
which did not submit a separate rate application or
certification: East Sea Seafoods Limited Liability
Company and Anvifish Joint Stock Company. The
Vietnam-wide rate also includes Can Tho ImportExport Joint Stock Company.
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accordance with section 351.224(b) of
the Department’s regulations.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
For assessment purposes, we
calculated importer (or customer)specific assessment rates for
merchandise subject to this review. We
will continue to direct CBP to assess
importer specific assessment rates based
on the resulting per-unit (i.e., per kg)
rates by the weight in kgs of each entry
of the subject merchandise during the
POR. Specifically, we calculated
importer specific duty assessment rates
on a per-unit rate basis by dividing the
total dumping margins (calculated as
the difference between normal value
and export price, or constructed export
price) for each importer by the total
sales quantity of subject merchandise
sold to that importer during the POR. If
an importer (or customer)-specific
assessment rate is de minimis (i.e., less
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than 0.50 percent), the Department will
instruct CBP to assess that importer (or
customer’s) entries of subject
merchandise without regard to
antidumping duties, in accordance with
19 CFR 351.106(c)(2).
The Department determines that
Afiex, Golden Quality, Hoa Phat, and To
Chau did not have any reviewable
transactions during the POR. As a result,
any suspended entries that entered
under these exporter’s case numbers
(i.e., at that exporter’s rate) will be
liquidated at the Vietnam-wide rate.18
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
18 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Decision Memorandum, at 4–5.
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previously investigated or reviewed
Vietnamese and non-Vietnamese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (3)
for all Vietnamese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the
Vietnam-wide rate of $2.39 per kg; and
(4) for all non-Vietnamese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Vietnamese exporters that supplied that
non-Vietnamese exporter. The deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
asabaliauskas on DSK5VPTVN1PROD with NOTICES
This notice also serves as a 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, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written 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 these
administrative reviews and notice in
accordance with sections 751(a)(l) and
777(i) of the Act.
Dated: January 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Final Decision Memorandum
General Issues
I. Surrogate Country
A. Economic Comparability
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B. Significant Producer of Comparable
Merchandise
C. Data Considerations
II. Surrogate Value for Whole, Live Fish
III. Fingerlings
A. Surrogate Value for Fingerlings
B. Fingerling Yield Loss
C. Rejection of Fingerling Data
IV. Surrogate Value for Fish Feed
V. Surrogate Value for Lime
VI. Surrogate Value for Antibiotics
VII. Surrogate Value for Nutrition
VIII. Surrogate Value for Salt
IX. Surrogate Value for Preservatives
X. Surrogate Value for Plastic Bags
XI. Surrogate Value for Tape
XII. Surrogate Value for Strap
XIII. Surrogate Value for Electricity
XIV. Surrogate Value for Diesel
XV. Surrogate Value for Water
XVI. Surrogate Value for Labor
XVII. Movement Expenses
A. Surrogate Value for Truck Freight
B. Surrogate Value for Brokerage and
Handling
C. Surrogate Value for International Freight
D. Surrogate Value for Boat Freight
XVIII. Financial Ratios
XIX. Surrogate Value for Pangasius ByProducts
Company Specific Issues
XX. Proper Reporting Period for HVG’s
Factors of Production
XXI. CASEAMEX—Separate Rate Status
XXII. Clerical Error—Draft CBP Instructions
XXIII. Clerical Error—Customer Code
[FR Doc. 2015–00649 Filed 1–15–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Visiting Committee on
Advanced Technology (VCAT or
Committee), National Institute of
Standards and Technology (NIST), will
meet in open session on Wednesday,
February 4, 2015 from 8:30 a.m. to 4:45
p.m. Eastern Time and Thursday,
February 5, 2015 from 8:30 a.m. to 11:30
a.m. Eastern Time. The VCAT is
composed of fifteen members appointed
by the NIST Director who are eminent
in such fields as business, research, new
product development, engineering,
labor, education, management
consulting, environment, and
international relations.
DATES: The VCAT will meet on
Wednesday, February 4, 2015, from 8:30
a.m. to 4:30 p.m. Eastern Time and
SUMMARY:
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2397
Thursday, February 5, 2015, from 8:30
a.m. to 11:30 a.m. Eastern Time.
ADDRESSES: The meeting will be held in
the Portrait Room, Administration
Building, at NIST, 100 Bureau Drive,
Gaithersburg, Maryland 20899. Please
note admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 301–975–2667. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 278 and the Federal
Advisory Committee Act, as amended, 5
U.S.C. App.
The purpose of this meeting is for the
VCAT to review and make
recommendations regarding general
policy for NIST, its organization, its
budget, and its programs within the
framework of applicable national
policies as set forth by the President and
the Congress. The agenda will include
an update on NIST and presentations
and discussions on safety at NIST,
NIST’s activities related to the Hollings
Manufacturing Extension Partnership
Program and the Baldrige Performance
Excellence Program and NIST’s role in
international standards. The Committee
also will present its initial observations,
findings, and recommendations for the
2014 VCAT Annual Report. The agenda
may change to accommodate Committee
business. The final agenda will be
posted on the NIST Web site at https://
www.nist.gov/director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s affairs are invited to
request a place on the agenda. On
Thursday February 5, approximately
one-half hour in the morning will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received, but
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
posted on the NIST Web site at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend in person are invited to
submit written statements to VCAT,
NIST, 100 Bureau Drive, MS 1060,
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2394-2397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00649]
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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 Antidumping Duty Administrative Review; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
Preliminary Results of the tenth administrative review of the
antidumping duty order on certain frozen fish fillets (``fish
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on July
11, 2014.\1\ We gave interested parties an opportunity to comment on
the Preliminary Results. Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
these final results. The final dumping margins are listed below in the
``Final Results of the Administrative Review'' section of this notice.
The period of review (``POR'') is August 1, 2012, through July 31,
2013.
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of the Antidumping Duty
Administrative Review; 2012-2013, 79 FR 40059 (July 11, 2014)
(``Preliminary Results''), and accompanying Preliminary Decision
Memorandum.
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DATES: Effective January 16, 2015.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413
or 202-482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on July 11,
2014.\2\ Between September 19 and October 2, 2014, interested parties
submitted case and rebuttal briefs. On October 22, 2014, the Department
extended the deadline for the final results to December 11, 2014.\3\ On
November 12, 2014, the Department held a closed hearing and a public
hearing limited to issues raised in the case and rebuttal briefs. On
November 19, 2014, the Department fully extended the deadline for the
final results to January 7, 2015.\4\
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\2\ See Preliminary Results.
\3\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Steven Hampton, International
Trade Compliance Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review, dated October 22,
2014.
\4\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Steven Hampton, International
Trade Compliance Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Second Extension of Deadline for
Final Results of Antidumping Duty Administrative Review, dated
November 19, 2014.
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[[Page 2395]]
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 code
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including
basa and tra), and may enter under tariff article codes 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States
(``HTSUS'').\5\ Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.\6\
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\5\ Until June 30, 2004 these products were classifiable under
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057.
From July 1, 2004 until December 31, 2006 these products were
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until
December 31, 2011 these products were classifiable under HTSUS
0304.29.6033. On March 2, 2011 the Department added two HTSUS
numbers at the request of U.S. Customs and Border Protection
(``CBP'') that the subject merchandise may enter under: 1604.19.2000
and 1604.19.3000, which were changed to 1604.19.2100 and
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department
added the following HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100.
\6\ For a complete description of the scope of the order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, regarding
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Issues and Decision Memorandum for the Final Results of the Tenth
Antidumping Duty Administrative Review; 2012-2013, at 2-3 (``Issues
and Decision Memorandum''), dated concurrently with and hereby
adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. A list
of the issues which parties raised is attached to this notice as an
appendix. The Issues and Decision Memorandum is a public document and
is on file in the Central Records Unit (``CRU''), Room 7046 of the main
Department of Commerce building, as well as electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\7\ ACCESS is
available to registered users at https://access.trade.gov and in the
CRU. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of its centralized electronic service system to ACCESS. The Web
site location was changed from https://iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the
centralized electronic service system to ACCESS in the Department's
regulations can be found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we revised the
margin calculation for HVG.\8\ The Surrogate Values Memo contains
further explanation of our changes to the surrogate values selected for
HVG's factors of production.\9\ The Department also has revised the
separate rate status for Can Tho Import-Export Joint Stock Company
(``CASEAMEX'').\10\
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\8\ The Hung Vuong Group, or ``HVG,'' includes: An Giang
Fisheries Import & Export Joint Stock Company, Asia Pangasius
Company Limited, Europe Joint Stock Company, Hung Vuong Joint Stock
Company, Hung Vuong Mascato Company Limited, Hung Vuong--Vinh Long
Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd. See Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final Results of the
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014) and accompanying Issues and
Decision Memorandum at 3.
\9\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office V, Enforcement & Compliance, from Paul
Walker, Case Analyst, regarding Tenth Administrative Review of
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results, dated concurrently with and
hereby adopted by this notice.
\10\ See accompanying company-specific analysis memoranda, dated
concurrently with and hereby adopted by this notice.
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Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that An Giang Agriculture and Food Import-Export Joint Stock Company
(``Afiex''); Golden Quality Seafood Corporation (``Golden Quality'');
Hoa Phat Seafood Import-Export and Processing J.S.C. (``Hoa Phat'');
and To Chau Joint Stock Company (``To Chau'') did not have any
reviewable transactions during the POR.\11\ Consistent with the
Department's refinement to its assessment practice in non-market
economy (``NME'') cases, we completed the review with respect to the
above-named companies.\12\ Based on the certifications submitted by
Afiex, Golden Quality, Hoa Phat, and To Chau, and our analysis of CBP
information, we continue to determine that these companies did not have
any reviewable transactions during the POR. As noted in the
``Assessment Rates'' section below, the Department intends to issue
appropriate instructions to CBP for the above-named companies based on
the final results of the review.
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\11\ See Preliminary Results, 79 FR at 40060.
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Application of Adverse Facts Available and the Rate Assigned to the
Vietnam-Wide Entity
As stated in the Preliminary Results, the Vietnam-wide entity,
which includes Anvifish Joint Stock Company (``Anvifish''), failed to
cooperate to the best of its ability in providing requested information
because it withheld requested information, failed to provide the
information in a timely manner and in the form requested, and
significantly impeded this proceeding.\13\ The Department has not
received any information since the Preliminary Results that calls into
question that earlier determination. Accordingly, pursuant to sections
776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of
1930, as amended (``the Act''), we continue to find it appropriate to
assign the Vietnam-wide entity a rate based on total adverse facts
available (``AFA'').
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\13\ See Preliminary Decision Memorandum, at 8-12.
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Final Results of the Review
The dumping margins for the final results of this administrative
review are as follows:
[[Page 2396]]
------------------------------------------------------------------------
Margins
Exporter (dollars/
kilogram) \14\
------------------------------------------------------------------------
Hung Vuong Group \15\................................... 0.97
An Giang Agriculture and Food Import-Export Joint Stock (*)
Company................................................
Asia Commerce Fisheries Joint Stock Company............. 0.97
Binh An Seafood Joint Stock Company..................... 0.97
Cadovimex II Seafood Import-Export and Processing Joint 0.97
Stock Company..........................................
C.P. Vietnam Corporation................................ 0.97
Cuu Long Fish Joint Stock Company....................... 0.97
Dai Thanh Seafoods Company Limited...................... 0.97
Fatifish Company Limited................................ 0.97
GODACO Seafood Joint Stock Company...................... 0.97
Golden Quality Seafood Corporation...................... (*)
Hiep Thanh Seafood Joint Stock Company.................. 0.97
Hoang Long Seafood Processing Company Limited........... 0.97
Hoa Phat Seafood Import-Export and Processing J.S.C..... (*)
International Development and Investment Corporation.... 0.97
Nam Viet Corporation.................................... 0.97
Ngoc Ha Co., Ltd. Foods Processing and Trading.......... 0.97
NTSF Seafoods Joint Stock Company....................... 0.97
Quang Minh Seafood Company Limited...................... 0.97
QVD Food Company Ltd. \16\.............................. 0.97
Saigon-Mekong Fishery Co., Ltd.......................... 0.97
Southern Fisheries Industries Company Ltd............... 0.97
TG Fishery Holdings Corporation......................... 0.97
Thien Ma Seafood Company Limited........................ 0.97
Thuan An Production Trading and Services Co., Ltd....... 0.97
To Chau Joint Stock Company............................. (*)
Vinh Quang Fisheries Joint-Stock Company................ 0.97
Vietnam-Wide Rate \17\.................................. 2.39
------------------------------------------------------------------------
* No Shipments or sales in this review, and the firm has an individual
rate from a prior segment of the proceeding in which the firm had
shipments or sales.
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with section 351.224(b) of the Department's
regulations.
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\14\ In the third administrative review of this order, the
Department determined that it would calculate per-unit assessment
and cash deposit rates for all future reviews. See Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam: Final Results
of Antidumping Duty Administrative Review and Partial Rescission, 73
FR 15479 (March 24, 2008).
\15\ This rate is applicable to the Hung Vuong Group, which
includes: An Giang Fisheries Import and Export Joint Stock Company,
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
\16\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the
second review of this order, the Department found QVD, Dong Thap and
THUFICO to be a single entity, and because there has been no
evidence submitted on the record of this review that calls this
determination into question, we continue to find these companies to
be part of a single entity. Therefore, we will assign this rate to
the companies in the single entity. See Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Preliminary Results of
Antidumping Duty Administrative Review, 71 FR 53387 (September 11,
2006).
\17\ The Vietnam-wide rate also includes the following companies
which are under review, but which did not submit a separate rate
application or certification: East Sea Seafoods Limited Liability
Company and Anvifish Joint Stock Company. The Vietnam-wide rate also
includes Can Tho Import-Export Joint Stock Company.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We
will continue to direct CBP to assess importer specific assessment
rates based on the resulting per-unit (i.e., per kg) rates by the
weight in kgs of each entry of the subject merchandise during the POR.
Specifically, we calculated importer specific duty assessment rates on
a per-unit rate basis by dividing the total dumping margins (calculated
as the difference between normal value and export price, or constructed
export price) for each importer by the total sales quantity of subject
merchandise sold to that importer during the POR. If an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
The Department determines that Afiex, Golden Quality, Hoa Phat, and
To Chau did not have any reviewable transactions during the POR. As a
result, any suspended entries that entered under these exporter's case
numbers (i.e., at that exporter's rate) will be liquidated at the
Vietnam-wide rate.\18\
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\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memorandum, at 4-5.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for
[[Page 2397]]
previously investigated or reviewed Vietnamese and non-Vietnamese
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all Vietnamese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the Vietnam-wide rate of $2.39 per
kg; and (4) for all non-Vietnamese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Vietnamese exporters that supplied that non-
Vietnamese exporter. The deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written 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 these administrative reviews and
notice in accordance with sections 751(a)(l) and 777(i) of the Act.
Dated: January 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Decision Memorandum
General Issues
I. Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Considerations
II. Surrogate Value for Whole, Live Fish
III. Fingerlings
A. Surrogate Value for Fingerlings
B. Fingerling Yield Loss
C. Rejection of Fingerling Data
IV. Surrogate Value for Fish Feed
V. Surrogate Value for Lime
VI. Surrogate Value for Antibiotics
VII. Surrogate Value for Nutrition
VIII. Surrogate Value for Salt
IX. Surrogate Value for Preservatives
X. Surrogate Value for Plastic Bags
XI. Surrogate Value for Tape
XII. Surrogate Value for Strap
XIII. Surrogate Value for Electricity
XIV. Surrogate Value for Diesel
XV. Surrogate Value for Water
XVI. Surrogate Value for Labor
XVII. Movement Expenses
A. Surrogate Value for Truck Freight
B. Surrogate Value for Brokerage and Handling
C. Surrogate Value for International Freight
D. Surrogate Value for Boat Freight
XVIII. Financial Ratios
XIX. Surrogate Value for Pangasius By-Products
Company Specific Issues
XX. Proper Reporting Period for HVG's Factors of Production
XXI. CASEAMEX--Separate Rate Status
XXII. Clerical Error--Draft CBP Instructions
XXIII. Clerical Error--Customer Code
[FR Doc. 2015-00649 Filed 1-15-15; 8:45 am]
BILLING CODE 3510-DS-P
