Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 17435-17438 [2016-07072]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
Agency: Bureau of Industry and
Security.
Title: National Security and Critical
Technology Assessments of the U.S.
Industrial Base.
Form Number(s): N/A.
OMB Control Number: 0694–0119.
Type of Request: Regular.
Burden Hours: 308,000 hours.
Number of Respondents: 28,000
respondents.
Average Hours per Response: 8 to 14
hours per response.
Needs and Uses: The Department of
Commerce, in coordination with the
Department of Defense and other
Federal agencies, conducts survey
assessments of U.S. industrial base
sectors deemed critical to U.S. national
security. The information gathered is
necessary to determine the health and
competitiveness as well as the needs of
these critical market segments in order
to maintain a strong U.S. industrial
base.
Affected Public: Businesses and other
for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Mandatory.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
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: March 23, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–06985 Filed 3–28–16; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review; 2013–2014
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published the
Preliminary Results of the 11th
administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
Socialist Republic of Vietnam
(‘‘Vietnam’’) on September 14, 2015.1
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, 2013, through July 31, 2014.
DATES: Effective March 29, 2016.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Javier Barrientos, 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–
2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results on September 14,
2015.2 The Department conducted a
verification of Thuan An Production
Trading and Service Co., Ltd.
(‘‘Tafishco’’) and its tollers between
September 21, 2015, through October 6,
2015.3 The Department also conducted
a verification of the Hung Vuong Group4
(‘‘HVG’’) between November 10, 2015,
through November 24, 2015.5 On
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results and
Partial Rescission of the Antidumping Duty
Administrative Review; 2013–2014, 80 FR 55092
(September 14, 2015) (‘‘Preliminary Results’’) and
accompanying Preliminary Decision Memorandum
(‘‘Preliminary Decision Memo’’).
2 See Preliminary Results.
3 See Memorandum to the File, from Jerry Huang,
International Trade Analyst, Office V, and Javier
Barrientos, International Trade Analyst, Office V,
‘‘Verification of the Sales and Factors of Production
Responses of Thuan An Production Trading and
Service Co., Ltd. in the 2013–2014 Administrative
Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,’’ dated February 2,
2016.
4 The Hung Vuong Group includes: An Giang
Fisheries Import & Export Joint Stock Company,
Asia Pangasius Company Limited (‘‘Asia
Pangasius’’), 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.
5 See Memorandum to the File, from Javier
Barrientos, International Trade Analyst, Office V,
and Kenneth Hawkins, International Trade Analyst,
Office V, ‘‘Verification of the Sales and Factors of
Production Responses of Agifish and HVG in the
2013–2014 Administrative Review of Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam,’’ dated February 5, 2016.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
17435
January 11, 2016, the Department
extended the deadline for the final
results to March 14, 2016.6 As explained
in the memorandum from the Acting
Assistant Secretary for Enforcement and
Compliance, the Department has
exercised its discretion to toll all
administrative deadlines due to the
recent closure of the Federal
Government.7 All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results of
this administrative review is now March
18, 2016. Between February 11 and
February 22, 2016, interested parties
submitted case and rebuttal briefs. On
March 3, 2016, the Department held a
closed hearing and a public hearing
limited to issues raised in the case and
rebuttal briefs.
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’’).8 Although
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Jerry Huang,
International Trade Analyst, Office V, Antidumping
and Countervailing Duty Operations, ‘‘Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
January 11, 2016.
7 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Snowstorm Jonas,’’ dated January 27, 2016.
8 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
E:\FR\FM\29MRN1.SGM
Continued
29MRN1
17436
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive.9
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 B8024 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’’).
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 calculations for
HVG and Tafishco. The Surrogate
Values Memo contains further
explanation of our changes to the
surrogate values selected for HVG’s and
Tafishco’s factors of production.10
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that An Giang Agriculture and Food
Import-Export 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
(‘‘QVD’’),11 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’’) did not have any
reviewable transactions during the
POR.12 Consistent with the
Department’s refinement to its
assessment practice in non-market
economy (‘‘NME’’) cases, we completed
the review with respect to the abovenamed companies.13 Based on the
certifications submitted by No Shipment
Companies, 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.
Vietnam-Wide Entity
We noted in the Preliminary Results
that a review was requested, but not
rescinded, for Asia Pangasius, Nam
Phuong Seafood Co., Ltd. (‘‘Nam
Phuong’’), NTACO Corporation
(‘‘NTACO’’), Thien Ma Seafood Co., Ltd.
(‘‘Thien Ma’’), and Thufico.14 As noted
below, and consistent with Comment
VII of the Issues and Decision
Memorandum, the Department is
rescinding this review with respect to
NTACO and Nam Phuong. Consistent
with Comment IV of the Issues and
Decision Memorandum, the Department
finds that Asia Pangasius is a part of
HVG, and is eligible for a separate rate.
Consistent with Comment V of the
Issues and Decision Memorandum, and
as noted above, the Department finds
that Thufico is a part of QVD, and made
no shipments during the POR. As a
result of these decisions, we no longer
find that Asia Pangasius, Nam Phuong,
NTACO and Thufico are a part of the
Vietnam-wide entity.
Consistent with Comment III of the
Issues and Decision Memorandum, we
find that two of Tafishco’s
uncooperative tollers are a part of the
Vietnam-wide entity. Consistent with
Comment VI of the Issues and Decision
Memorandum, we find that Caseamex is
not entitled to a separate rate. Moreover,
Thien Ma did not submit completed a
separate rate application or certification.
Accordingly, for the final results, the
Department finds that Tafishco’s
uncooperative tollers, Caseamex, and
Thien Ma are a part of the Vietnam-wide
entity.
Partial Rescission of Administrative
Review
In accordance with 19 CFR 351.214(j),
and in accordance with our decision in
Comment VII of the Issues and Decision
Memorandum, the Department is
rescinding this review with respect to
NTACO and Nam Phuong.
Final Results of the Review
The dumping margins for the final
results of this administrative review are
as follows:
Weightedaverage margin
(dollars/kilogram) 15
Exporter
mstockstill on DSK4VPTVN1PROD with NOTICES
Hung Vuong Group ....................................................................................................................................................................
Thuan An Production Trading and Services Co., Ltd ...............................................................................................................
Basa Joint Stock Company .......................................................................................................................................................
of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100,
1604.19.5100, 1604.19.6100 and 1604.19.8100.
9 For a complete description of the scope of the
order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Issues and Decision
Memorandum for the Final Results of the 11th
Antidumping Duty Administrative Review; 2013–
2014,’’ at 2–3 (‘‘Issues and Decision
Memorandum’’), dated concurrently with and
hereby adopted by this notice.
10 See Memorandum to the File, through Paul
Walker, Program Manager, from Javier Barrientos,
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
Case Analyst, ‘‘Eleventh Administrative Review of
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Surrogate Values for the Final
Results,’’ dated concurrently with this notice.
11 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (‘‘QVD Dong Thap’’) and Thuan
Hung Co., Ltd. (‘‘Thufico’’). In the second review of
this order, the Department found QVD, QVD Dong
Thap and Thufico to be a single entity and, because
there have been no changes to this determination
since that administrative review, we continue to
find these companies to be part of a 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).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
12 See
0.41
0.97
0.69
Preliminary Results, 80 FR at 55093.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
14 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
58729 (September 30, 2014); Preliminary Results, 80
FR at 55093.
15 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).
13 See
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
Weightedaverage margin
(dollars/kilogram) 15
Exporter
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..........................................................................
Cafatex Corporation ...................................................................................................................................................................
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 ................................................................................................................
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 ............................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Disclosure
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.
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 No
Shipment Companies did not have any
reviewable transactions during the POR.
As a result, any suspended entries that
entered under these exporter’s case
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
17437
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
0.69
numbers (i.e., at that exporter’s rate) will prior to liquidation of the relevant
be liquidated at the Vietnam-wide
entries during this POR. Failure to
rate.16
comply with this requirement could
result in the Department’s presumption
Cash Deposit Requirements
that reimbursement of antidumping
The following cash deposit
duties occurred and the subsequent
requirements will be effective upon
assessment of doubled antidumping
publication of the final results of this
duties.
administrative review for all shipments
Notification Regarding Administrative
of the subject merchandise entered, or
Protective Order
withdrawn from warehouse, for
consumption on or after the publication
This notice also serves as a reminder
date, as provided for by section
to parties subject to administrative
751(a)(2)(C) of the Act: (1) For the
protective order (‘‘APO’’) of their
exporters listed above, the cash deposit
responsibility concerning the return or
rate will be the rate established in the
destruction of proprietary information
final results of review (except, if the rate disclosed under APO in accordance
is zero or de minimis, i.e., less than 0.5
with 19 CFR 351.305, which continues
percent, a zero cash deposit rate will be
to govern business proprietary
required for that company); (2) for
information in this segment of the
previously investigated or reviewed
proceeding. Timely written notification
Vietnamese and non-Vietnamese
of the return or destruction of APO
exporters not listed above that have
materials, or conversion to judicial
separate rates, the cash deposit rate will protective order, is hereby requested.
continue to be the exporter-specific rate Failure to comply with the regulations
published for the most recent period; (3) and terms of an APO is a violation
for all Vietnamese exporters of subject
which is subject to sanction.
merchandise which have not been
We are issuing and publishing these
found to be entitled to a separate rate,
administrative reviews and notice in
the cash deposit rate will be the
accordance with sections 751(a)(l) and
Vietnam-wide rate of $2.39 per kg; and
777(i) of the Act.
(4) for all non-Vietnamese exporters of
Dated: March 18, 2016.
subject merchandise which have not
Paul Piquado,
received their own rate, the cash deposit
Assistant Secretary for Enforcement and
rate will be the rate applicable to the
Vietnamese exporters that supplied that Compliance.
non-Vietnamese exporter. The deposit
Appendix
requirements, when imposed, shall
List of Topics Discussed in the Final
remain in effect until further notice.
Decision Memorandum
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
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Decision Memo at 4–5.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Comment I Application of Facts Available
to HVG and Tafishco
Comment II Application of Facts Available
to HVG’s Farming Factors
Comment III Application of Adverse Facts
Available to Certain Tafishco’s Tollers
Comment IV Assignment of Vietnam-wide
Rate to Asia Pangasius and HVG
Comment V Assignment of Vietnam-wide
Rate to QVD Food Company Ltd.
Comment VI Assignment of Vietnam-wide
Rate to Can Tho Import-Export Joint
Stock Company
E:\FR\FM\29MRN1.SGM
29MRN1
17438
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
Comment VII Rescission of Review with
Respect to NTACO Corporation and Nam
Phuong Seafood Company Ltd.
Comment VIII Combination Rates
Comment IX Surrogate Value for Fish Feed
Comment X Surrogate Value for Fingerlings
Comment XI Surrogate Value for Water
Comment XII Application of Marine
Insurance
Comment XIII Packing
A. Packing Type Should Not be a Physical
Characteristic
B. Tafishco’s Packing Materials Factors of
Production Usage Rates
C. Surrogate Value for Strap
D. Surrogate Value for Tape
Comment XIV By-Products
A. Whether to Value Certain By-products
B. Surrogate Value for Fish Waste
Comment XV Customs Instructions
[FR Doc. 2016–07072 Filed 3–28–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE201
Notice of Availability of the Deepwater
Horizon Oil Spill Record of Decision
(ROD) for the Final Programmatic
Damage Assessment and Restoration
Plan and Final Programmatic
Environmental Impact Statement (Final
PDARP/PEIS)
AGENCY:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a
Record of Decision.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
National Environmental Policy Act
(NEPA), notice is hereby given that the
Deepwater Horizon Federal and State
natural resource trustee agencies
(Trustees) have issued a Record of
Decision (ROD) for the Final
Programmatic Damage Assessment and
Restoration Plan and Final
Programmatic Environmental Impact
Statement (Final PDARP/PEIS). Based
on the Trustees’ injury determination
established in the Final PDARP/PEIS,
the ROD sets forth the basis for the
Trustees’ decision to select Alternative
A: Comprehensive Integrated Ecosystem
Alternative. The Trustees’ selection of
this alternative includes the funding
allocations established in the Final
PDARP/PEIS.
ADDRESSES: Obtaining Documents: You
may download the ROD at https://www.
gulfspillrestoration.noaa.gov or https://
www.doi.gov/deepwaterhorizon. You
may also view the ROD at any of the
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
public repositories listed at https://www.
gulfspillrestoration.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Courtney Groeneveld at gulfspill.
restoration@noaa.gov, mail to:
fw4coastalDERPcomments@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2011, the Trustees
initiated a 90-day formal scoping and
public comment period for the Draft
PDARP/PEIS (76 FR 9327) through a
Notice of Intent (NOI) to Begin
Restoration Scoping and Prepare a Gulf
Spill Restoration Planning PEIS. The
Trustees conducted the scoping in
accordance with OPA (15 CFR
990.14(d)), NEPA (40 CFR 1501.7), and
State authorities. That NOI requested
public input to identify and evaluate a
range of restoration types that could be
used to fully compensate the public for
the environmental and recreational use
damages caused by the spill, as well as
develop procedures to select and
implement restoration projects that will
compensate the public for the natural
resource damages caused by the spill.
As part of the scoping process, the
Trustees hosted public meetings across
all the Gulf States during Spring 2011.
A Notice of Availability of the Draft
PDARP/PEIS was published in the
Federal Register on October 5, 2015 (80
FR 60126). The Draft PDARP/PEIS
presented the assessment of impacts of
the Deepwater Horizon incident on
natural resources in the Gulf of Mexico
and on the services those resources
provide, and determined the restoration
needed to compensate the public for
these impacts. The Draft PDARP/PEIS
presented four programmatic
alternatives evaluated in accordance
with OPA and NEPA:
• Alternative A (Preferred
Alternative): Comprehensive Integrated
Ecosystem Restoration Plan based on
programmatic Trustee goals;
• Alternative B: Resource-Specific
Restoration Plan based on programmatic
Trustee goals;
• Alternative C: Continued Injury
Assessment and Defer Comprehensive
Restoration Plan; and
• Alternative D: No Action/Natural
Recovery.
The Trustees provided the public
with 60 days to review and comment on
the Draft PDARP/PEIS. The Trustees
held public meetings in Houma, LA;
Long Beach, MS; New Orleans, LA;
Mobile, AL; Pensacola, FL; St.
Petersburg, FL; Galveston, TX; and
Washington, DC, to facilitate public
understanding of the document and
provide opportunity for public
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
comment. Additionally, the Trustees
solicited public input through a variety
of mechanisms, including electronic
communications, Trustee Council and
individual Trustee public Web sites,
and a public comment portal for public
comment collection. The Trustees
prepared the Final PDARP/PEIS in
consideration of the public comments
received and included a summary of the
comments and responses in the Final
PDARP/PEIS.
A Notice of Availability of the Final
PDARP/PEIS was published in the
Federal Register on February 19, 2016
(81 FR 8483). In the Final PDARP/PEIS,
the Deepwater Horizon Trustees
presented their findings on the
extensive injuries to multiple habitats,
biological species, ecological functions,
and geographic regions across the
northern Gulf of Mexico that occurred
as a result of the Deepwater Horizon
incident, as well as their programmatic
plan, including funding allocations, for
restoring those resources and the
services they provide. The Final
PDARP/PEIS describes the framework
by which subsequent project specific
restoration plans will be developed.
As documented in the Record of
Decision (ROD) signed on March 22,
2016, the Trustees have: Determined the
extent of injury to natural resources and
services caused by the Deepwater
Horizon oil spill incident; analyzed
alternatives to restore those injuries;
considered environmental impacts
associated with the restoration
alternatives, including the extent to
which any adverse impacts could be
mitigated; considered public and agency
comments; considered the funding
allocations required for restoration; and
developed a governance approach for
implementing restoration. Based on
these considerations and the
determination of injury, the ROD
presents the Trustees’ decision to select
their Preferred Alternative, Alternative
A: Comprehensive Integrated Ecosystem
Restoration and the associated funding
allocation, for implementation. The
Trustees also conclude that all
practicable means to avoid, minimize,
or compensate for environmental harm
from the action have been considered
programmatically in the PDARP/PEIS,
and that project-specific measures will
be adopted at a later date during
subsequent restoration planning.
The Trustees considered this
programmatic restoration planning
decision in light of the proposed
settlement among BP, the United States,
and the States of Louisiana, Mississippi,
Alabama, Florida, and Texas to resolve
BP’s liability for natural resource
damages associated with the Deepwater
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17435-17438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07072]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results and Partial Rescission of Antidumping Duty
Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
Preliminary Results of the 11th administrative review of the
antidumping duty order on certain frozen fish fillets (``fish
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on
September 14, 2015.\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,
2013, through July 31, 2014.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2013-2014, 80 FR 55092
(September 14, 2015) (``Preliminary Results'') and accompanying
Preliminary Decision Memorandum (``Preliminary Decision Memo'').
---------------------------------------------------------------------------
DATES: Effective March 29, 2016.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, 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 202-482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 14,
2015.\2\ The Department conducted a verification of Thuan An Production
Trading and Service Co., Ltd. (``Tafishco'') and its tollers between
September 21, 2015, through October 6, 2015.\3\ The Department also
conducted a verification of the Hung Vuong Group\4\ (``HVG'') between
November 10, 2015, through November 24, 2015.\5\ On January 11, 2016,
the Department extended the deadline for the final results to March 14,
2016.\6\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department has exercised
its discretion to toll all administrative deadlines due to the recent
closure of the Federal Government.\7\ All deadlines in this segment of
the proceeding have been extended by four business days. The revised
deadline for the final results of this administrative review is now
March 18, 2016. Between February 11 and February 22, 2016, interested
parties submitted case and rebuttal briefs. On March 3, 2016, the
Department held a closed hearing and a public hearing limited to issues
raised in the case and rebuttal briefs.
---------------------------------------------------------------------------
\2\ See Preliminary Results.
\3\ See Memorandum to the File, from Jerry Huang, International
Trade Analyst, Office V, and Javier Barrientos, International Trade
Analyst, Office V, ``Verification of the Sales and Factors of
Production Responses of Thuan An Production Trading and Service Co.,
Ltd. in the 2013-2014 Administrative Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam,'' dated February 2,
2016.
\4\ The Hung Vuong Group includes: An Giang Fisheries Import &
Export Joint Stock Company, Asia Pangasius Company Limited (``Asia
Pangasius''), 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.
\5\ See Memorandum to the File, from Javier Barrientos,
International Trade Analyst, Office V, and Kenneth Hawkins,
International Trade Analyst, Office V, ``Verification of the Sales
and Factors of Production Responses of Agifish and HVG in the 2013-
2014 Administrative Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,'' dated February 5, 2016.
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Jerry Huang, International Trade
Analyst, Office V, Antidumping and Countervailing Duty Operations,
``Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated January 11, 2016.
\7\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas,''
dated January 27, 2016.
---------------------------------------------------------------------------
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'').\8\ Although
[[Page 17436]]
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.\9\
---------------------------------------------------------------------------
\8\ 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.
\9\ For a complete description of the scope of the order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam: Issues and
Decision Memorandum for the Final Results of the 11th Antidumping
Duty Administrative Review; 2013-2014,'' at 2-3 (``Issues and
Decision Memorandum''), dated concurrently with and hereby adopted
by this notice.
---------------------------------------------------------------------------
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 B8024 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''). 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.
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 calculations for HVG and Tafishco. The Surrogate Values Memo
contains further explanation of our changes to the surrogate values
selected for HVG's and Tafishco's factors of production.\10\
---------------------------------------------------------------------------
\10\ See Memorandum to the File, through Paul Walker, Program
Manager, from Javier Barrientos, Case Analyst, ``Eleventh
Administrative Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Surrogate Values for the Final
Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that An Giang Agriculture and Food Import-Export 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 (``QVD''),\11\ 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'') did not have any reviewable transactions
during the POR.\12\ 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.\13\ Based on the
certifications submitted by No Shipment Companies, 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.
---------------------------------------------------------------------------
\11\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (``QVD Dong Thap'') and Thuan Hung Co., Ltd. (``Thufico''). In
the second review of this order, the Department found QVD, QVD Dong
Thap and Thufico to be a single entity and, because there have been
no changes to this determination since that administrative review,
we continue to find these companies to be part of a 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).
\12\ See Preliminary Results, 80 FR at 55093.
\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------
Vietnam-Wide Entity
We noted in the Preliminary Results that a review was requested,
but not rescinded, for Asia Pangasius, Nam Phuong Seafood Co., Ltd.
(``Nam Phuong''), NTACO Corporation (``NTACO''), Thien Ma Seafood Co.,
Ltd. (``Thien Ma''), and Thufico.\14\ As noted below, and consistent
with Comment VII of the Issues and Decision Memorandum, the Department
is rescinding this review with respect to NTACO and Nam Phuong.
Consistent with Comment IV of the Issues and Decision Memorandum, the
Department finds that Asia Pangasius is a part of HVG, and is eligible
for a separate rate. Consistent with Comment V of the Issues and
Decision Memorandum, and as noted above, the Department finds that
Thufico is a part of QVD, and made no shipments during the POR. As a
result of these decisions, we no longer find that Asia Pangasius, Nam
Phuong, NTACO and Thufico are a part of the Vietnam-wide entity.
---------------------------------------------------------------------------
\14\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 58729 (September 30, 2014);
Preliminary Results, 80 FR at 55093.
---------------------------------------------------------------------------
Consistent with Comment III of the Issues and Decision Memorandum,
we find that two of Tafishco's uncooperative tollers are a part of the
Vietnam-wide entity. Consistent with Comment VI of the Issues and
Decision Memorandum, we find that Caseamex is not entitled to a
separate rate. Moreover, Thien Ma did not submit completed a separate
rate application or certification. Accordingly, for the final results,
the Department finds that Tafishco's uncooperative tollers, Caseamex,
and Thien Ma are a part of the Vietnam-wide entity.
Partial Rescission of Administrative Review
In accordance with 19 CFR 351.214(j), and in accordance with our
decision in Comment VII of the Issues and Decision Memorandum, the
Department is rescinding this review with respect to NTACO and Nam
Phuong.
Final Results of the Review
The dumping margins for the final results of this administrative
review are as follows:
---------------------------------------------------------------------------
\15\ 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).
------------------------------------------------------------------------
Weighted- average
Exporter margin (dollars/
kilogram) \15\
------------------------------------------------------------------------
Hung Vuong Group................................... 0.41
Thuan An Production Trading and Services Co., Ltd.. 0.97
Basa Joint Stock Company........................... 0.69
[[Page 17437]]
Cadovimex II Seafood Import-Export and Processing 0.69
Joint Stock Company...............................
Cafatex Corporation................................ 0.69
C.P. Vietnam Corporation........................... 0.69
Cuu Long Fish Joint Stock Company.................. 0.69
East Sea Seafoods LLC.............................. 0.69
GODACO Seafood Joint Stock Company................. 0.69
Green Farms Seafood Joint Stock Company............ 0.69
Hoang Long Seafood Processing Company Limited...... 0.69
Nam Viet Corporation............................... 0.69
NTSF Seafoods Joint Stock Company.................. 0.69
Seafood Joint Stock Company No. 4--Branch Dong Tam 0.69
Fisheries Processing Company......................
Viet Phu Foods and Fish Corporation................ 0.69
Vinh Quang Fisheries Joint-Stock Company........... 0.69
------------------------------------------------------------------------
Disclosure
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.
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 No Shipment Companies 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.\16\
---------------------------------------------------------------------------
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memo at 4-5.
---------------------------------------------------------------------------
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 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: March 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
Comment I Application of Facts Available to HVG and Tafishco
Comment II Application of Facts Available to HVG's Farming Factors
Comment III Application of Adverse Facts Available to Certain
Tafishco's Tollers
Comment IV Assignment of Vietnam-wide Rate to Asia Pangasius and HVG
Comment V Assignment of Vietnam-wide Rate to QVD Food Company Ltd.
Comment VI Assignment of Vietnam-wide Rate to Can Tho Import-Export
Joint Stock Company
[[Page 17438]]
Comment VII Rescission of Review with Respect to NTACO Corporation
and Nam Phuong Seafood Company Ltd.
Comment VIII Combination Rates
Comment IX Surrogate Value for Fish Feed
Comment X Surrogate Value for Fingerlings
Comment XI Surrogate Value for Water
Comment XII Application of Marine Insurance
Comment XIII Packing
A. Packing Type Should Not be a Physical Characteristic
B. Tafishco's Packing Materials Factors of Production Usage
Rates
C. Surrogate Value for Strap
D. Surrogate Value for Tape
Comment XIV By-Products
A. Whether to Value Certain By-products
B. Surrogate Value for Fish Waste
Comment XV Customs Instructions
[FR Doc. 2016-07072 Filed 3-28-16; 8:45 am]
BILLING CODE 3510-DS-P
