Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2013-2014, 55092-55095 [2015-22858]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
on LRW from Korea with respect to the
above-named companies.3
On May 29, 2015, the petitioner
timely withdrew its request for a review
of Samsung and Daewoo.4
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of notice
of initiation of the requested review.
The petitioner’s withdrawal request was
filed before the 90-day deadline.
Therefore, in response to the
withdrawal of request for review of
Samsung and Daewoo, and pursuant to
19 CFR 351.213(d)(1), we are rescinding
this review with regard to these
companies. The instant review will
continue with respect to LG.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
tkelley on DSK3SPTVN1PROD with NOTICES
Notification to Importers
This notice serves as the only
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 may result in the
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015).
4 See May 29, 2015, letter from the petitioner
regarding withdrawal of request for review.
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18:15 Sep 11, 2015
Jkt 235001
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: September 8, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–23051 Filed 9–11–15; 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 Results and Partial
Rescission of the Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
11th administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).1 The Department
preliminarily determines that the Hung
Vuong Group (‘‘HVG’’) 2 and Thuan An
Production Trading and Service Co.,
Ltd. (‘‘TAFISHCO’’) sold subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the period of review (‘‘POR’’)
August 1, 2013, through July 31, 2014.
If these preliminary results are adopted
in the final results, the Department will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
AGENCY:
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003) (‘‘Order’’).
2 The Department previously found that An Giang
Fisheries Import & Export Joint Stock Company
(‘‘Agifish’’) is a member of the Hung Vuong Group,
which also includes Asia Pangasius Company
Limited, Europe Joint Stock Company, Hung Vuong
Joint Stock Company, Hung Vuong Mascato
Company Limited, Hung Vuong—Vinh Long Co.,
Ltd. and Hung Vuong—Sa Dec Co., Ltd. See Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty
Administrative Review and New Shipper Review;
2011–2012, 79 FR 19053 (April 7, 2014).
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entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective date: September 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos or Jerry Huang, 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 202–482–2243 or 202–482–
4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2014, the
Department initiated the 11th
administrative review of the
antidumping duty order on fish fillets
from Vietnam for the period August 1,
2013, through July 31, 2014.3 On April
8, 2015, the Department partially
extended the deadline for issuing the
preliminary results by 106 days.4 On
August 11, 2015, the Department further
extended the deadline for issuing the
preliminary results by 14 days.5 The
revised deadline for the preliminary
results of this administrative is now
August 31, 2015.
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,
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
58729 (September 30, 2014) (‘‘Initiation Notice’’).
4 See Memorandum to James P. Maeder, Senior
Director, Office I, Antidumping and Countervailing
Duty Operations, through James C. Doyle, Director,
Office V, Antidumping and Countervailing Duty
Operations regarding ‘‘Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Preliminary Results of 2013–2014
Antidumping Duty Administrative Review,’’ dated
April 8, 2015.
5 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 regarding ‘‘Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Second Extension of Deadline for
Preliminary Results of 2013–2014 Antidumping
Duty Administrative Review,’’ dated August 11,
2015.
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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’’).6
Although the HTSUS subheading is
provided for convenience and Customs
purposes, our written description of the
scope of the order is dispositive.7
Partial Rescission of Administrative
Review
tkelley on DSK3SPTVN1PROD with NOTICES
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On November 25,
2014, Vinh Hoan Corporation (‘‘Vinh
Hoan’’) withdrew its review request.8
On November 25, 2014, Petitioner 9
withdrew its review request with
respect to Vinh Hoan.10 On December
23, 2014, Bien Dong Seafood Co., Ltd
(‘‘Bien Dong’’) withdrew its review
request,11 and Petitioner withdrew its
review request with respect to Bien
Dong Seafood on the same date.12 On
6 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.
7 See ‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Decision
Memorandum for the Preliminary Results of the
2012–2013 Antidumping Duty Administrative
Review,’’ dated concurrently with and hereby
adopted by this notice (‘‘Preliminary Decision
Memorandum’’), for a complete description of the
Scope of the Order.
8 See Letter from Vinh Hoan regarding Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Withdraw of Request for Administrative Review—
Vinh Hoan Corporation, dated November 25, 2014.
9 Catfish Farmers of America and individual U.S.
catfish processors America’s Catch, Alabama
Catfish Inc. dba Harvest Select Catfish, Inc.,
Heartland Catfish Company, Magnolia Processing,
Inc. dba Pride of the Pond, and Simmons Farm
Raised Catfish, Inc. (hereinafter, ‘‘Petitioner’’).
10 See Letter from Petitioner regarding Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Partial Withdrawal of Request for
Antidumping Duty Administrative Review, dated
November 25, 2014.
11 See Letter from Bien Dong Seafood regarding
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Withdrawal of Request for Administrative
Review—Bien Dong Seafood Co., Ltd., dated
December 23, 2014.
12 See Letter from Petitioner regarding Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Partial Withdrawal of Request for
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18:15 Sep 11, 2015
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December 29, 2014, Petitioner withdrew
its review request with respect to Hung
Vuong Seafood Joint Stock Company
(‘‘Hung Vuong Seafood’’), Thanh Hung
Co., Ltd. (also known as Thanh Hung
Frozen Seafood Processing Import
Export Co., Ltd. or Thanh Hung)
(‘‘Thanh Hung’’), Vinh Long ImportExport Company (also known as Vinh
Long or Imex Cuu Long) (‘‘Vinh
Long’’).13 No other party requested an
administrative review of Vinh Hoan,
Bien Dong, Hung Vuong Seafood, Thanh
Hung, and Vinh Long. Therefore, in
accordance with 19 CFR 351.213(d)(1),
the Department is rescinding this review
of the antidumping duty order on
certain frozen fish fillets from the
Socialist Republic of Vietnam with
respect to Vinh Hoan, Bien Dong, Hung
Vuong Seafood, Thanh Hung, and Vinh
Long. The review will continue with
respect to the other firms for which a
review was requested and initiated.
Preliminary Determination of No
Shipments
The following companies filed noshipment certifications indicating that
they did not export subject merchandise
to the United States during the POR: An
Giang Agriculture and Food ImportExport Joint Stock Company, Anvifish
Joint Stock Company, Asia Commerce
Fisheries Joint Stock Company, Binh An
Seafood Joint Stock Company, Dai
Thanh Seafoods Company Limited,
Fatifish Company Limited, Golden
Quality Seafood Corporation, Hiep
Thanh Seafood Joint Stock Company,
Hoa Phat Seafood Import-Export and
Processing JSC, Ngoc Ha Co., Ltd. Food
Processing and Trading, Quang Minh
Seafood Company, Limited, QVD Food
Company, Ltd., Saigon-Mekong Fishery
Co., Ltd., Southern Fisheries Industries
Company, Ltd., TG Fishery Holdings
Corporation, and To Chau Joint Stock
Company (collectively ‘‘No Shipment
Companies’’). Based on the
certifications submitted by the above
companies, and our analysis of the CBP
information, we preliminarily determine
that the No Shipment Companies did
not have any reviewable transactions
during the POR. The Department finds
that consistent with its practice in nonmarket economy (‘‘NME’’) cases, it is
Antidumping Duty Administrative Review, dated
December 23, 2014.
13 See Letter from Petitioner regarding Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Partial Withdrawal of Request for
Antidumping Duty Administrative Review, dated
December 29, 2014. We note that Petitioners also
withdrew their request for Anvifish Co., Ltd.
(‘‘Anvifish’’), and Vinh Quang Fisheries
Corporation (‘‘Vinh Quang’’). However, there are
still outstanding review requests for these
companies at this time.
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55093
appropriate not to rescind the review in
part in this circumstance but, rather, to
complete the review with respect to the
No Shipment Companies and issue
appropriate instructions to CBP based
on the final results of the review.14
Vietnam-Wide Entity
A review was requested, but not
rescinded, for Asia Pangasius Company
Limited, Nam Phuong Seafood Co., Ltd.,
NTACO Corporation, Thien Ma Seafood
Co., Ltd., Thuan Hung Co., Ltd.
(collectively, ‘‘No Response
Companies’’).15 The No Response
Companies are not eligible for separate
rate status because they did not submit
completed separate rate applications or
certifications.16 Accordingly, the
Department finds that these No
Response Companies are a part of the
Vietnam-wide entity.
The Department’s change in policy
regarding conditional review of the
NME-wide entity applies to this
administrative review.17 Under this
policy, the Vietnam-wide entity will not
be under review unless a party
specifically requests, or the Department
self-initiates, a review of the entity.
Because no party requested a review of
the Vietnam-wide entity in this review,
the entity is not under review and the
entity’s rate is not subject to change.
Methodology
The Department conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). Constructed export prices and
export prices have been calculated in
accordance with section 772 of the Act.
Because Vietnam is an NME within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and is
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
15 See Initiation Notice, 79 FR at 58732.
16 Id., 79 FR at 58730.
17 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period August 1, 2013, through July 31,
2014:
Weighted-average
margin
(dollars/kilogram) 18
Exporter
Hung Vuong Group 19 ....................................................................................................................................................................
Thuan An Production Trading and Services Co., Ltd ...................................................................................................................
Basa Joint Stock Company ...........................................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..............................................................................
Cafatex Corporation .......................................................................................................................................................................
Can Tho Import-Export Joint Stock Company ..............................................................................................................................
C.P. Vietnam Corporation ..............................................................................................................................................................
Cuu Long Fish Joint Stock Company ............................................................................................................................................
East Sea Seafoods LLC ................................................................................................................................................................
GODACO Seafood Joint Stock Company .....................................................................................................................................
Green Farms Seafood Joint Stock Company ...............................................................................................................................
Hoang Long Seafood Processing Company Limited ....................................................................................................................
International Development and Investment Corporation ...............................................................................................................
Nam Viet Corporation ....................................................................................................................................................................
NTSF Seafoods Joint Stock Company ..........................................................................................................................................
Seafood Joint Stock Company No. 4—Branch Dong Tam Fisheries Processing Company .......................................................
Viet Phu Foods and Fish Corporation ...........................................................................................................................................
Vinh Quang Fisheries Joint-Stock Company ................................................................................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure, Public Comment and
Opportunity To Request a Hearing
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined. See 19 CFR
351.310(d). Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.20
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, must be filed within five days
after the time limit for filing case
briefs.21 Parties who submit arguments
are requested to submit with the
argument (a) a statement of the issue, (b)
a brief summary of the argument, and (c)
a table of authorities.22 Parties
submitting briefs should do so pursuant
to the Department’s electronic filing
system, ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.23 The Department intends to
issue assessment instructions to CBP 15
18 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).
19 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.
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18:15 Sep 11, 2015
Jkt 235001
Assessment Rates
PO 00000
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0.36
0.84
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
days after the publication date of the
final results of this review.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). Where an
importer- (or customer-) specific ad
valorem rate is greater than de minimis,
the Department will instruct CBP to
collect the appropriate duties at the time
of liquidation.24 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.25
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
20 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
22 See 19 CFR 351.309(c)(2), (d)(2).
23 See 19 CFR 351.212(b).
24 See 19 CFR 351.212(b)(1).
25 See 19 CFR 351.106(c)(2).
21 See
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
merchandise from Vietnam entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed Vietnam and
non-Vietnam exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnam exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Vietnam
-wide entity; and (4) for all non-Vietnam
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnam exporter that
supplied that non-Vietnam exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This preliminary determination is
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: August 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Selection of Respondents
b. Preliminary Determination of No
Shipments
c. Non-Market Economy Country Status
d. Separate Rates
e. Vietnam-Wide Entity
f. Surrogate Country
g. Determination of Comparison Method
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18:15 Sep 11, 2015
Jkt 235001
h. Results of Differential Pricing Analysis
i. Comparisons to Normal Value
j. U.S. Price
k. Use of Facts Available
l. Normal Value
m. Factor Valuations
n. Currency Conversion
5. Recommendation
[FR Doc. 2015–22858 Filed 9–11–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE154
Endangered Species; File No. 18926
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Jane Provancha, Mail Code: IHA–005
OHF, Room 1104, Kennedy Space
Center, FL 32815 has applied in due
form for a permit to take green sea
(Chelonia mydas), loggerhead (Caretta
caretta), Kemp’s ridley (Lepidochelys
kempii), and hawksbill (Eretmochelys
imbricata) sea turtles for purposes of
scientific research.
DATES: Written, telefaxed, or email
comments must be received on or before
October 14, 2015.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 18926 from the list of
available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
SUMMARY:
PO 00000
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55095
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Brendan Hurley or Amy Hapeman, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
The applicant requests a five-year
permit to continue monitoring the
abundance and distribution of sea
turtles inhabiting the waters of the
northern Indian River Lagoon and
Mosquito Lagoon system (in Volusia
and Brevard Counties), Florida. The
purpose of this project is to provide
NASA-Kennedy Space Center with
updates on the status of marine turtles
within its boundaries and nearby
waters. This area also will continue to
be used as an index site to document
distribution and movement of
individuals in these waters. The
applicant requests to capture by hand,
tangle, or dip net up to 50 green, one
Kemp’s ridley, 1 hawksbill, and 50
loggerhead turtles, each year. Turtles
will be placed onboard a research vessel
for morphometric measures, tagging,
photographs, tissue and blood sampling,
and/or possible lavage, before release. A
subset of captured turtles may also be
released with sonic transmitters glued to
the carapace.
Dated: September 8, 2015.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2015–23007 Filed 9–11–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE172
Endangered Species; File No. 19528
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Michael Bresette, Inwater Research
Group Inc., 4160 NE Hyline Dr., Jensen
Beach, FL 34957, has applied in due
form for a permit to take green (Chelonia
mydas), hawksbill (Eretmochelys
SUMMARY:
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55092-55095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Results and Partial Rescission of the Antidumping
Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the 11th administrative review of the antidumping duty order on certain
frozen fish fillets (``fish fillets'') from the Socialist Republic of
Vietnam (``Vietnam'').\1\ The Department preliminarily determines that
the Hung Vuong Group (``HVG'') \2\ and Thuan An Production Trading and
Service Co., Ltd. (``TAFISHCO'') sold subject merchandise in the United
States at prices below normal value (``NV'') during the period of
review (``POR'') August 1, 2013, through July 31, 2014. If these
preliminary results are adopted in the final results, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR. Interested parties are invited to comment on these
preliminary results.
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\1\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003) (``Order'').
\2\ The Department previously found that An Giang Fisheries
Import & Export Joint Stock Company (``Agifish'') is a member of the
Hung Vuong Group, which also includes Asia Pangasius Company
Limited, Europe Joint Stock Company, Hung Vuong Joint Stock Company,
Hung Vuong Mascato Company Limited, Hung Vuong--Vinh Long Co., Ltd.
and Hung Vuong--Sa Dec Co., Ltd. See Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam: Final Results of the
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014).
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DATES: Effective date: September 14, 2015.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Jerry Huang, 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 202-482-2243
or 202-482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2014, the Department initiated the 11th
administrative review of the antidumping duty order on fish fillets
from Vietnam for the period August 1, 2013, through July 31, 2014.\3\
On April 8, 2015, the Department partially extended the deadline for
issuing the preliminary results by 106 days.\4\ On August 11, 2015, the
Department further extended the deadline for issuing the preliminary
results by 14 days.\5\ The revised deadline for the preliminary results
of this administrative is now August 31, 2015.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 58729 (September 30, 2014)
(``Initiation Notice'').
\4\ See Memorandum to James P. Maeder, Senior Director, Office
I, Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of 2013-2014 Antidumping Duty Administrative Review,'' dated
April 8, 2015.
\5\ 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 regarding ``Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Second Extension of
Deadline for Preliminary Results of 2013-2014 Antidumping Duty
Administrative Review,'' dated August 11, 2015.
---------------------------------------------------------------------------
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,
[[Page 55093]]
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'').\6\ Although the HTSUS
subheading is provided for convenience and Customs purposes, our
written description of the scope of the order is dispositive.\7\
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\6\ 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.
\7\ See ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Decision Memorandum for the Preliminary Results
of the 2012-2013 Antidumping Duty Administrative Review,'' dated
concurrently with and hereby adopted by this notice (``Preliminary
Decision Memorandum''), for a complete description of the Scope of
the Order.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On November 25, 2014, Vinh
Hoan Corporation (``Vinh Hoan'') withdrew its review request.\8\ On
November 25, 2014, Petitioner \9\ withdrew its review request with
respect to Vinh Hoan.\10\ On December 23, 2014, Bien Dong Seafood Co.,
Ltd (``Bien Dong'') withdrew its review request,\11\ and Petitioner
withdrew its review request with respect to Bien Dong Seafood on the
same date.\12\ On December 29, 2014, Petitioner withdrew its review
request with respect to Hung Vuong Seafood Joint Stock Company (``Hung
Vuong Seafood''), Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen
Seafood Processing Import Export Co., Ltd. or Thanh Hung) (``Thanh
Hung''), Vinh Long Import-Export Company (also known as Vinh Long or
Imex Cuu Long) (``Vinh Long'').\13\ No other party requested an
administrative review of Vinh Hoan, Bien Dong, Hung Vuong Seafood,
Thanh Hung, and Vinh Long. Therefore, in accordance with 19 CFR
351.213(d)(1), the Department is rescinding this review of the
antidumping duty order on certain frozen fish fillets from the
Socialist Republic of Vietnam with respect to Vinh Hoan, Bien Dong,
Hung Vuong Seafood, Thanh Hung, and Vinh Long. The review will continue
with respect to the other firms for which a review was requested and
initiated.
---------------------------------------------------------------------------
\8\ See Letter from Vinh Hoan regarding Frozen Fish Fillets from
the Socialist Republic of Vietnam: Withdraw of Request for
Administrative Review--Vinh Hoan Corporation, dated November 25,
2014.
\9\ Catfish Farmers of America and individual U.S. catfish
processors America's Catch, Alabama Catfish Inc. dba Harvest Select
Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc.
dba Pride of the Pond, and Simmons Farm Raised Catfish, Inc.
(hereinafter, ``Petitioner'').
\10\ See Letter from Petitioner regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal
of Request for Antidumping Duty Administrative Review, dated
November 25, 2014.
\11\ See Letter from Bien Dong Seafood regarding Frozen Fish
Fillets from the Socialist Republic of Vietnam: Withdrawal of
Request for Administrative Review--Bien Dong Seafood Co., Ltd.,
dated December 23, 2014.
\12\ See Letter from Petitioner regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal
of Request for Antidumping Duty Administrative Review, dated
December 23, 2014.
\13\ See Letter from Petitioner regarding Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal
of Request for Antidumping Duty Administrative Review, dated
December 29, 2014. We note that Petitioners also withdrew their
request for Anvifish Co., Ltd. (``Anvifish''), and Vinh Quang
Fisheries Corporation (``Vinh Quang''). However, there are still
outstanding review requests for these companies at this time.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
The following companies filed no-shipment certifications indicating
that they did not export subject merchandise to the United States
during the POR: An Giang Agriculture and Food Import-Export Joint Stock
Company, Anvifish Joint Stock Company, Asia Commerce Fisheries Joint
Stock Company, Binh An Seafood Joint Stock Company, Dai Thanh Seafoods
Company Limited, Fatifish Company Limited, Golden Quality Seafood
Corporation, Hiep Thanh Seafood Joint Stock Company, Hoa Phat Seafood
Import-Export and Processing JSC, Ngoc Ha Co., Ltd. Food Processing and
Trading, Quang Minh Seafood Company, Limited, QVD Food Company, Ltd.,
Saigon-Mekong Fishery Co., Ltd., Southern Fisheries Industries Company,
Ltd., TG Fishery Holdings Corporation, and To Chau Joint Stock Company
(collectively ``No Shipment Companies''). Based on the certifications
submitted by the above companies, and our analysis of the CBP
information, we preliminarily determine that the No Shipment Companies
did not have any reviewable transactions during the POR. The Department
finds that consistent with its practice in non-market economy (``NME'')
cases, it is appropriate not to rescind the review in part in this
circumstance but, rather, to complete the review with respect to the No
Shipment Companies and issue appropriate instructions to CBP based on
the final results of the review.\14\
---------------------------------------------------------------------------
\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------
Vietnam-Wide Entity
A review was requested, but not rescinded, for Asia Pangasius
Company Limited, Nam Phuong Seafood Co., Ltd., NTACO Corporation, Thien
Ma Seafood Co., Ltd., Thuan Hung Co., Ltd. (collectively, ``No Response
Companies'').\15\ The No Response Companies are not eligible for
separate rate status because they did not submit completed separate
rate applications or certifications.\16\ Accordingly, the Department
finds that these No Response Companies are a part of the Vietnam-wide
entity.
---------------------------------------------------------------------------
\15\ See Initiation Notice, 79 FR at 58732.
\16\ Id., 79 FR at 58730.
---------------------------------------------------------------------------
The Department's change in policy regarding conditional review of
the NME-wide entity applies to this administrative review.\17\ Under
this policy, the Vietnam-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the Vietnam-wide
entity in this review, the entity is not under review and the entity's
rate is not subject to change.
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\17\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(``the Act''). Constructed export prices and export prices have been
calculated in accordance with section 772 of the Act. Because Vietnam
is an NME within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at https://access.trade.gov, and is
[[Page 55094]]
available to all parties in the Central Records Unit, room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period August 1, 2013,
through July 31, 2014:
---------------------------------------------------------------------------
\18\ 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).
\19\ 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.
------------------------------------------------------------------------
Weighted-average
Exporter margin (dollars/
kilogram) \18\
------------------------------------------------------------------------
Hung Vuong Group \19\................................ 0.36
Thuan An Production Trading and Services Co., Ltd.... 0.84
Basa Joint Stock Company............................. 0.60
Cadovimex II Seafood Import-Export and Processing 0.60
Joint Stock Company.................................
Cafatex Corporation.................................. 0.60
Can Tho Import-Export Joint Stock Company............ 0.60
C.P. Vietnam Corporation............................. 0.60
Cuu Long Fish Joint Stock Company.................... 0.60
East Sea Seafoods LLC................................ 0.60
GODACO Seafood Joint Stock Company................... 0.60
Green Farms Seafood Joint Stock Company.............. 0.60
Hoang Long Seafood Processing Company Limited........ 0.60
International Development and Investment Corporation. 0.60
Nam Viet Corporation................................. 0.60
NTSF Seafoods Joint Stock Company.................... 0.60
Seafood Joint Stock Company No. 4--Branch Dong Tam 0.60
Fisheries Processing Company........................
Viet Phu Foods and Fish Corporation.................. 0.60
Vinh Quang Fisheries Joint-Stock Company............. 0.60
------------------------------------------------------------------------
Disclosure, Public Comment and Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\20\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, must be filed within five days
after the time limit for filing case briefs.\21\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\22\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.
---------------------------------------------------------------------------
\20\ See 19 CFR 351.309(c)(1)(ii).
\21\ See 19 CFR 351.309(d)(1)-(2).
\22\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a date and
time to be determined. See 19 CFR 351.310(d). Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\23\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\24\ Where either a respondent's
weighted average dumping margin is zero or de minimis, or an importer-
(or customer-) specific ad valorem is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\25\
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\24\ See 19 CFR 351.212(b)(1).
\25\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject
[[Page 55095]]
merchandise from Vietnam entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by sections
751(a)(2)(C) of the Act: (1) For the companies listed above that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Vietnam and non-Vietnam exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Vietnam exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the Vietnam -wide entity; and
(4) for all non-Vietnam exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Vietnam exporter that supplied that non-Vietnam
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This preliminary determination is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Selection of Respondents
b. Preliminary Determination of No Shipments
c. Non-Market Economy Country Status
d. Separate Rates
e. Vietnam-Wide Entity
f. Surrogate Country
g. Determination of Comparison Method
h. Results of Differential Pricing Analysis
i. Comparisons to Normal Value
j. U.S. Price
k. Use of Facts Available
l. Normal Value
m. Factor Valuations
n. Currency Conversion
5. Recommendation
[FR Doc. 2015-22858 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P
