Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2014-2015, 15181-15183 [2017-05934]
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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
entirety, in accordance with 19 CFR
351.213(d)(1).
DEPARTMENT OF COMMERCE
International Trade Administration
Assessment
[C–570–039]
The Department intends to instruct
U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
all appropriate entries of seamless
refined copper pipe and tube from
Mexico during the POR 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 to CBP 41 days after the
publication of this notice in the Federal
Register.
Notification to Importers
Notification Regarding Administrative
Protective Orders
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 intend to issue and publish this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4).
Dated: March 20, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–05988 Filed 3–24–17; 8:45 am]
BILLING CODE 3510–DS–P
18:02 Mar 24, 2017
Correction
In notice document 2017–05432
appearing on pages 14316–14317 in the
issue of March 17, 2017, make the
following correction:
On page 14316, in the third column,
in footnote 3, the formula in lines 3 and
4 should read:
((Fired Area, cm2¥Initial Area, cm2)/
Initial Area, cm2) × 100 = Areal
Shrinkage, %.
[FR Doc. C1–2017–05432 Filed 3–24–17; 8:45 am]
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
VerDate Sep<11>2014
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Countervailing Duty Order
Jkt 241001
BILLING CODE 1301–00–D
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; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the 12th administrative review
of the antidumping duty order on
certain frozen fish fillets (fish fillets)
from the Socialist Republic of Vietnam
(Vietnam). 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
from the preliminary results.
Specifically, we have modified the list
of companies rescinded from this
administrative review. The final
dumping margins are listed below in the
‘‘Final Results of the Review’’ section of
this notice. The period of review (POR)
is August 1, 2014, through July 31, 2015.
DATES: Effective March 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–6491.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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15181
Background
The Department published the
Preliminary Results on September 19,
2016.1 Between October 19 and
February 14, 2017, interested parties
submitted case and rebuttal briefs. On
February 24, 2017, the Department held
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).2 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.3
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
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results and
Partial Rescission of the Antidumping Duty
Administrative Review; 2014–2015, 81 FR 64131
(September 19, 2016) (Preliminary Results).
2 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.
3 For a complete description of the scope of the
order, see Memorandum to Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
from James Doyle, Director, Office V, 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 Twelfth Antidumping Duty
Administrative Review; 2014–2015,’’ at 2–3 (Issues
and Decision Memorandum), dated concurrently
with and hereby adopted by this notice.
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15182
Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
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 have not changed the margins
assigned in the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Ben Tre Aquaproduct Import and
Export Joint Stock Company,
CADOVIMEX II Seafood Import Export
and Processing Joint Stock Company,
and Hoang Long Seafood Processing
Company Limited (collectively, the No
Shipment Companies) had no
reviewable transactions during the POR.
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.4 Based on
the certifications submitted by these
companies, we continue to find that
they 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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Vietnam-Wide Entity
We noted in the Preliminary Results
that a review was requested, but not
rescinded, for Golden Quality Seafood
Corporation (Golden Quality), Thuan
An Production and Trading and
Services Co., Ltd. (Tafishco), Viet Phu
Foods and Fish Co., Ltd. (Viet Phu).
4 See
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
VerDate Sep<11>2014
18:02 Mar 24, 2017
Jkt 241001
Additionally, consistent with the
Department’s practice to assign the
Vietnam-wide rate to companies that do
not submit separate rate certifications or
applications and, thus, are not eligible
for separate rate status, we are assigning
the Vietnam-wide entity status to
Anvifish Joint Stock Company
(Anvifish) and Basa Joint Stock
Company (Basaco).
Partial Rescission of Administrative
Review
In accordance with 19 CFR
351.213(d)(3) and 19 CFR 351.401(f),
and in accordance with our decision in
Comment 4 of the Issues and Decision
Memorandum, the Department is
rescinding this review with respect to
QVD Food Company Ltd., QVD Dong
Thap Food Co., Ltd. (also known as
Dong Thap), and Thuan Hung Co., Ltd.
(also known as THUFICO), collectively
(QVD). In accordance with Comment 5
of the Issues and Decision
Memorandum, as of the Preliminary
Results, we rescinded this review with
respect to Bien Dong Seafood Co., Ltd.,
Hai Huong Seafood Joint Stock
Company, Hung Vuong Seafood Joint
Stock Company, Vinh Hoan
Corporation, and Vinh Quang Fisheries
Corporation.
Final Results of the Review
The weighted-average dumping
margins for the final results of this
administrative review are as follows:
Weightedaverage
dumping
margins
(dollars/
kilogram) 5
Exporter
Cuu Long Fish Joint Stock Company ........................................
GODACO Seafood Joint Stock
Company .................................
Green Farms Seafood Joint
Stock Company .......................
NTSF Seafoods Joint Stock
Company .................................
Vietnam-Wide Entity 6 .................
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
kilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR.
Specifically, we calculated importer
specific duty assessment rates on a perunit 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 the
No Shipment Companies did not have
any reviewable transactions during the
POR. As a result, any suspended entries
that entered under these exporters’ case
numbers (i.e., at each exporter’s rate)
will be liquidated at the Vietnam-wide
rate.7
Cash Deposit Requirements
0.69
The following cash deposit
requirements will be effective upon
0.69 publication of the final results of this
administrative review for all shipments
0.69
of the subject merchandise entered, or
0.69 withdrawn from warehouse, for
2.39 consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
Assessment Rates
exporters listed above, the cash deposit
Pursuant to section 751(a)(2)(A) of the
rate will be the rate established in the
Act and 19 CFR 351.212(b), the
final results of review (except, if the rate
Department will determine, and CBP
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
5 In the third administrative review of this order,
required for that company); (2) for
the Department determined that it would calculate
per-unit assessment and cash deposit rates for all
previously investigated or reviewed
future reviews. See Certain Frozen Fish Fillets from
Vietnamese and non-Vietnamese
the Socialist Republic of Vietnam: Final Results of
exporters not listed above that have
Antidumping Duty Administrative Review and
separate rates, the cash deposit rate will
Partial Rescission, 73 FR 15479, 15481 (March 24,
2008).
6 The Vietnam-wide entity includes mandatory
respondents Anvifish, Basaco, Golden Quality,
Tafishco, and Viet Phu, as well as Can Tho ImportExport Seafood Joint Stock Company (Caseamex).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Decision Memo at 4–5.
E:\FR\FM\27MRN1.SGM
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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
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
kilogram; and (4) for all non-Vietnamese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnamese exporters
that supplied that non-Vietnamese
exporter. The deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
administrative reviews and notice in
accordance with sections 751(a)(l) and
777(i) of the Act.
Dated: March 20, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
[FR Doc. 2017–05934 Filed 3–24–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–849]
Steel Wire Garment Hangers From
Taiwan: Rescission of Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective March 27, 2017.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan for the
period of review (POR), December 1,
2015, through November 30, 2016.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–6491.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 1, 2016, the Department
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on steel wire
garment hangers from Taiwan for the
period of December 1, 2015, through
November 30, 2016.1 On December 21,
2016, in accordance with section 751(a)
of the Tariff Act of 1930, as amended,
(the Act), and 19 CFR 351.213(b), the
Department received a timely request
from Petitioners 2 to conduct an
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan
manufactured or exported by Gee Ten
Enterprise Co., Ltd. (Gee Ten
Enterprise), Inmall Enterprises Co., Ltd.
(Inmall Enterprises), Mindful Life and
Coaching Co., Ltd. (Mindful Life), Ocean
1 See
List of Topics Discussed in the Final
Decision Memorandum
Comment 1: Assignment of Vietnam-Wide
Rate to Caseamex
Comment 2: Assignment of Vietnam-Wide
Rate to Mandatory Respondents
VerDate Sep<11>2014
Comment 3: The Vietnam-Wide Rate Applied
Need Not Be Corroborated
Comment 4: Treatment of HVG and the QVD
Companies
Comment 5: Ministerial Errors
18:02 Mar 24, 2017
Jkt 241001
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 86694
(December 1, 2016) (Notice regarding Request for
Review).
2 M&B Metal Products Company, Inc., Innovative
Fabrication LLC/Indy Hanger and US Hanger
Company, LLC (collectively ‘‘Petitioners’’).
PO 00000
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Fmt 4703
Sfmt 4703
15183
Concept Corporation (Ocean Concept),
Su-Chia International Ltd. (Su-Chia
International), Taiwan Hanger
Manufacturing Co., Ltd. (Taiwan
Hanger), and Young Max Enterprises Co.
Ltd. (Young Max Enterprises).3
On February 13, 2017, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
for Gee Ten Enterprise, Inmall
Enterprises, Mindful Life, Ocean
Concept, Su-Chia International, Taiwan
Hanger, and Young Max Enterprises.4
On March 2, 2017, Petitioners timely
withdrew their request for an
administrative review for all companies
under review.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, if the party that
requested the review withdraws its
request within 90 days of the
publication of the notice of initiation of
the requested review. Petitioners
withdrew their request within the 90day deadline. No other party requested
an administrative review of the
antidumping duty order. Therefore, in
response to the timely withdrawal of the
review request, the Department is
rescinding in its entirety the
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. 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 to CBP 15 days after the
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission, of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
3 See Petitioners’ letter, ‘‘Steel Wire Garment
Hangers from Taiwan: Request for Fourth
Administrative Review,’’ (December 21, 2016).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017) (Initiation).
5 See Petitioners’ letter, ‘‘Withdrawal of Request
for Fourth Administrative Review,’’ (March 2,
2017).
E:\FR\FM\27MRN1.SGM
27MRN1
Agencies
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15181-15183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05934]
-----------------------------------------------------------------------
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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2016, the Department of Commerce (the
Department) published the preliminary results of the 12th
administrative review of the antidumping duty order on certain frozen
fish fillets (fish fillets) from the Socialist Republic of Vietnam
(Vietnam). 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 from the preliminary results.
Specifically, we have modified the list of companies rescinded from
this administrative review. The final dumping margins are listed below
in the ``Final Results of the Review'' section of this notice. The
period of review (POR) is August 1, 2014, through July 31, 2015.
DATES: Effective March 27, 2017.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202-482-6491.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 19,
2016.\1\ Between October 19 and February 14, 2017, interested parties
submitted case and rebuttal briefs. On February 24, 2017, the
Department held a public hearing limited to issues raised in the case
and rebuttal briefs.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131
(September 19, 2016) (Preliminary Results).
---------------------------------------------------------------------------
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).\2\ Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.\3\
---------------------------------------------------------------------------
\2\ 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.
\3\ For a complete description of the scope of the order, see
Memorandum to Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, from James
Doyle, Director, Office V, 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 Twelfth Antidumping Duty Administrative Review; 2014-
2015,'' 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
[[Page 15182]]
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 have not
changed the margins assigned in the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Ben Tre Aquaproduct Import and Export Joint Stock Company,
CADOVIMEX II Seafood Import Export and Processing Joint Stock Company,
and Hoang Long Seafood Processing Company Limited (collectively, the No
Shipment Companies) had no reviewable transactions during the POR.
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.\4\ Based on the certifications submitted
by these companies, we continue to find that they 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.
---------------------------------------------------------------------------
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------
Vietnam-Wide Entity
We noted in the Preliminary Results that a review was requested,
but not rescinded, for Golden Quality Seafood Corporation (Golden
Quality), Thuan An Production and Trading and Services Co., Ltd.
(Tafishco), Viet Phu Foods and Fish Co., Ltd. (Viet Phu). Additionally,
consistent with the Department's practice to assign the Vietnam-wide
rate to companies that do not submit separate rate certifications or
applications and, thus, are not eligible for separate rate status, we
are assigning the Vietnam-wide entity status to Anvifish Joint Stock
Company (Anvifish) and Basa Joint Stock Company (Basaco).
Partial Rescission of Administrative Review
In accordance with 19 CFR 351.213(d)(3) and 19 CFR 351.401(f), and
in accordance with our decision in Comment 4 of the Issues and Decision
Memorandum, the Department is rescinding this review with respect to
QVD Food Company Ltd., QVD Dong Thap Food Co., Ltd. (also known as Dong
Thap), and Thuan Hung Co., Ltd. (also known as THUFICO), collectively
(QVD). In accordance with Comment 5 of the Issues and Decision
Memorandum, as of the Preliminary Results, we rescinded this review
with respect to Bien Dong Seafood Co., Ltd., Hai Huong Seafood Joint
Stock Company, Hung Vuong Seafood Joint Stock Company, Vinh Hoan
Corporation, and Vinh Quang Fisheries Corporation.
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margins
(dollars/
kilogram)
\5\
------------------------------------------------------------------------
Cuu Long Fish Joint Stock Company........................... 0.69
GODACO Seafood Joint Stock Company.......................... 0.69
Green Farms Seafood Joint Stock Company..................... 0.69
NTSF Seafoods Joint Stock Company........................... 0.69
Vietnam-Wide Entity \6\..................................... 2.39
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ 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, 15481 (March 24, 2008).
\6\ The Vietnam-wide entity includes mandatory respondents
Anvifish, Basaco, Golden Quality, Tafishco, and Viet Phu, as well as
Can Tho Import-Export Seafood Joint Stock Company (Caseamex).
---------------------------------------------------------------------------
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 kilogram) rates by the
weight in kilograms 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 the No Shipment Companies did not
have any reviewable transactions during the POR. As a result, any
suspended entries that entered under these exporters' case numbers
(i.e., at each exporter's rate) will be liquidated at the Vietnam-wide
rate.\7\
---------------------------------------------------------------------------
\7\ 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
[[Page 15183]]
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 kilogram; 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 20, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
Comment 1: Assignment of Vietnam-Wide Rate to Caseamex
Comment 2: Assignment of Vietnam-Wide Rate to Mandatory Respondents
Comment 3: The Vietnam-Wide Rate Applied Need Not Be Corroborated
Comment 4: Treatment of HVG and the QVD Companies
Comment 5: Ministerial Errors
[FR Doc. 2017-05934 Filed 3-24-17; 8:45 am]
BILLING CODE 3510-DS-P