Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results, Preliminary Determination of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016, 42785-42788 [2017-19288]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
Nutritional, submitted a notification of
proposed production activity to the FTZ
Board for its facility within Subzone
43B, in Zeeland, Michigan.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (82 FR 16786, April 6,
2017). On July 25, 2017, the applicant
was notified of the FTZ Board’s decision
that no further review of the activity is
warranted at this time. The production
activity described in the notification
was authorized, subject to the FTZ Act
and the FTZ Board’s regulations,
including Section 400.14.
Dated: September 5, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–19295 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–19–2017]
Foreign-Trade Zone (FTZ) 7—
Mayaguez, Puerto Rico; Authorization
of Production Activity; MSD
International GMBH (Puerto Rico
Branch) LLC (Pharmaceuticals); Las
Piedras, Puerto Rico
pmangrum on DSK3GDR082PROD with NOTICES1
On March 28, 2017, MSD
International GMBH (Puerto Rico
Branch) LLC submitted a notification of
proposed production activity to the FTZ
Board within Subzone 7G, in Las
Piedras, Puerto Rico.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (82 FR 16159, April 3,
2017). On July 26, 2017, the applicant
was notified of the FTZ Board’s decision
that no further review of the activity is
warranted at this time. The production
activity described in the notification
was authorized, subject to the FTZ Act
and the FTZ Board’s regulations,
including Section 400.14.
Dated: September 6, 2017.
Andrew McGilvray,
Executive Secretary.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results, Preliminary
Determination of No Shipments, and
Partial Rescission of the Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department preliminarily
determines that the application of facts
available is warranted for mandatory
respondent GODACO Seafood Joint
Stock Company (GODACO). In addition,
the Department preliminarily
determines that the application of facts
available with an adverse inference is
warranted for GODACO because it has
not cooperated to the best of its ability.
However, the Department preliminarily
determines that GODACO qualifies for a
separate rate for its exports of subject
merchandise to the United States during
the period of review (POR) August 1,
2015, through July 31, 2016. The
Department also preliminary determines
that mandatory respondent Golden
Quality Seafood Corporation (Golden
Quality) does not qualify for a separate
rate and is, therefore, considered a part
of the Vietnam-Wide 1 Entity. 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.
DATES: Effective September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–2243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 14, 2016, the Department
initiated the 13th administrative review
of the antidumping duty order on frozen
fish fillets (fish fillets) from Vietnam for
the period August 1, 2015, through July
31, 2016.2 On April 11, 2017, the
[FR Doc. 2017–19298 Filed 9–11–17; 8:45 am]
1 The Vietnam-wide entity also includes Thuan
An Production Trading and Service Co., Ltd., and
Anvifish Joint Stock Company.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
15:19 Sep 11, 2017
Jkt 241001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
42785
Department fully extended the deadline
for issuing the preliminary results by
120 days.3 The revised deadline for the
preliminary results of this
administrative review is August 31,
2017.
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’’).4 Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive.5
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
71061 (October 14, 2016); see also Appendix I for
the complete list of all companies upon which the
Department initiated an administrative review.
3 See Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of
Deadline for Preliminary Results of 2015–2016
Administrative Review, dated April 11, 2017.
4 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.
5 For a complete description of the scope of the
order, see Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Decision
Memorandum for the Preliminary Results,
Preliminary Determination of No Shipments, and
Partial Rescission of the 2015–2016 Antidumping
Duty Administrative Review, (Preliminary Decision
Memorandum) at ‘‘Scope of the Order’’, dated
concurrently with and hereby adopted by this
notice.
E:\FR\FM\12SEN1.SGM
12SEN1
42786
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
notice of initiation. Between December
30, 2015 and January 4, 2016, we
received timely withdrawal of review
requests for 52 companies from the
petitioners,6 Bien Dong Seafood Co., Ltd
(Bien Dong), and Vinh Hoan
Corporation (Vinh Hoan).7 Of these 52
companies, 34 do not have any other
outstanding review requests. 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
these 34 companies.8 The review will
continue with respect to the other firms
for which a review was requested and
initiated.
Preliminary Determination of No
Shipments
The Department has preliminarily
determined that Saigon-Mekong Fishery
Co., Ltd. (SAMEFICO), and QVD 9 had
no shipments during the POR.
Consistent with our practice in nonmarket economy (NME) cases, we will
not rescind the review, in part, in this
circumstance, but rather, complete the
review with respect to these companies
and issue appropriate instructions to
CBP based on the final results of the
review.10
Methodology
The Department is conducting 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).
Vietnam is an NME within the meaning
of section 771(18) 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
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, 2015, through July 31,
2016:
Weightedaverage
margin
(dollars/
kilogram) 11
Exporter
GODACO Seafood Joint Stock Company .......................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock * Company ..............................................................................
Can Tho Import-Export Joint Stock Company, aka CASEAMEX * .................................................................................................
Cuu Long Fish Joint Stock Company * ............................................................................................................................................
Dai Thanh Seafoods Company Limited * ........................................................................................................................................
Green Farms Seafood Joint Stock Company * ...............................................................................................................................
Hoang Long Seafood Processing Co., Ltd.* ...................................................................................................................................
Hung Vuong Group * ........................................................................................................................................................................
NTSF Seafoods Joint Stock Company * ..........................................................................................................................................
Vinh Quang Fisheries Corporation * ................................................................................................................................................
** 2.39
2.39
2.39
2.39
2.39
2.39
2.39
2.39
2.39
2.39
* These companies are separate rate respondents not individually examined.
** Although we preliminarily find GODACO to be eligible for a separate rate, its margin is based on adverse facts available (AFA).
Disclosure, Public Comment &
Opportunity To Request a Hearing
pmangrum on DSK3GDR082PROD with NOTICES1
Normally, the Department discloses to
interested parties the calculations
performed in connection with the
preliminary results within five days of
its public announcement or, if there is
no public announcement, within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). However, because the
Department preliminarily determined
that Golden Quality is part of the
Vietnam-wide entity, and GODACO’s
6 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, the petitioners).
7 See Bien Dong Seafood Co., Ltd., submission
dated January 12, 2017; the petitioners’ submission
dated December 15, 2016, and January 12, 2017;
VerDate Sep<11>2014
15:19 Sep 11, 2017
Jkt 241001
rate is based entirely on AFA, there are
no calculations to disclose.
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.12
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.13 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.14 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;
(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
and Vinh Hoan Corporation submission, dated
December 15, 2016.
8 See Appendix II for a full list of rescinded
companies.
9 These companies include QVD Food Co., Ltd.,
QVD Dong Thap Food Co., Ltd. and Thuan Hung
Co., Ltd.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
11 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).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1)–(2).
14 See 19 CFR 351.309(c)(2), (d)(2).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
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, 1401
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.
pmangrum on DSK3GDR082PROD with NOTICES1
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.15 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. With regard
to the companies the Department
rescinded upon, the Department intends
to issue assessment instructions to CBP
15 days after the publication date of this
partial rescission of this review.
For any individually examined
respondent whose calculated 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.16 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.17
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
merchandise from Vietnam entered, or
withdrawn from warehouse, for
15 See
19 CFR 351.212(b).
19 CFR 351.212(b)(1).
17 See 19 CFR 351.106(c)(2).
16 See
VerDate Sep<11>2014
15:19 Sep 11, 2017
Jkt 241001
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 Vietnamwide 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 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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. Affiliations
b. Partial Rescission
c. Selection of the Respondents
d. Preliminary Determination of No
Reviewable Transactions
e. NME Country Status
f. Separate Rates
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
42787
g. Application of Facts Available and Use
of Adverse Inference
5. Recommendation
Appendix II
(1) An My Fish Joint Stock Company (also
known as Anmyfish or Anmyfishco)
(2) An Phat Seafood Co. Ltd. (also known as
An Phat Import-Export Seafood Co., Ltd.)
(3) An Phu Seafood Corporation (also known
as ASEAFOOD or An Phu Seafood Corp.)
(4) Asia Commerce Fisheries Joint Stock
Company (also known as Acomfish JSC
or Acomfish)
(5) Basa Joint Stock Company (BASACO)
(6) Ben Tre Aquaproduct Import and Export
Joint Stock Company (also known as
Bentre Aquaproduct, Bentre
Aquaproduct Import & Export Joint Stock
Company or Aquatex Bentre)
(7) Bentre Forestry and Aquaproduct Import
Export Joint Stock Company (also known
as (Ben Tre Forestry and Aquaproduct
Import-Export Company or Ben Tre
Forestry Aquaproduct Import- Export
Company or Ben Tre Frozen
Aquaproduct Export Company or
Faquimex)
(8) Binh An Seafood Joint Stock Company
(also known as Binh An or Binh An
Seafood Joint Stock Co.)
(9) C.P. Vietnam Corporation
(10) Cafatex Corporation (also known as
Cafatex)
(11) Can Tho Animal Fishery Products
Processing Export Enterprise (also
known as Cafatex)
(12) Cuu Long Fish Import-Export
Corporation (also known as CL Panga
Fish)
(13) Da Nang Seaproducts Import-Export
Corporation (also known as Da Nang)
(14) East Sea Seafoods LLC (also known as
ESS LLC, ESS, East Sea Seafoods Limited
Liability Company, East Sea Seafoods
Joint Venture Co., Ltd.)
(15) Fatifish Company Limited (also known
as FATIFISH)
(16) Hai Huong Seafood Joint Stock Company
(also known as HHFish, HH Fish, or Hai
Huong Seafood)
(17) Hiep Thanh Seafood Joint Stock
Company (also known as Hiep Thanh or
Hiep Thanh Seafood Joint Stock Co.)
(18) Hoa Phat Seafood Import-Export and
Processing J.S.C. (also known as
HOPAFISH or Hoa Phat Seafood ImportExport and Processing Joint Stock
Company)
(19) Hung Vuong Seafood Joint Stock
Company
(20) Lian Heng Investment Co., Ltd. (also
known as Lian Heng or Lian Heng
Investment)
(21) Lian Heng Trading Co., Ltd. (also known
as Lian Heng or Lian Heng Trading)
(22) Nam Viet Corporation (also known as
NAVICO)
(23) Ngoc Ha Co. Ltd. Food Processing and
Trading (also known as Ngoc Ha or Ngoc
Ha Co., Ltd. Foods Processing and
Trading)
(24) Nha Trang Seafoods, Inc. (also known as
Nha Trang Seafoods-F89, Nha Trang
Seafoods, or Nha Trang Seaproduct
Company)
E:\FR\FM\12SEN1.SGM
12SEN1
42788
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
pmangrum on DSK3GDR082PROD with NOTICES1
(25) Quang Minh Seafood Company Limited
(also known as Quang Minh, Quang
Minh Seafood Co., Ltd., or Quang Minh
Seafood Co.)
(26) Seafood Joint Stock Company No. 4
Branch Dongtam Fisheries Processing
Company (also known as
DOTASEAFOODCO or Seafood Joint
Stock Company No. 4—Branch Dong
Tam Fisheries Processing Company)
(27) Sunrise Corporation
(28) TG Fishery Holdings Corporation (also
known as TG)
(29) To Chau Joint Stock Company (also
known as TOCHAU)
(30) Van Duc Food Export Joint Stock
Company
(31) Van Duc Tien Giang Food Export
Company
(32) Viet Hai Seafood Company Limited (also
known as Viet Hai or Vietnam Fish-One
Co., Ltd.)
(33) Viet Phu Foods & Fish Co., Ltd.
(34) Viet Phu Foods and Fish Corporation
(also known as Vietphu, Viet Phu, Viet
Phu Food and Fish Corporation, or Viet
Phu Food & Fish Corporation)
investigations of imports of certain colddrawn mechanical tubing of carbon and
alloy steel from Germany, India, Italy,
Korea, the PRC, and Switzerland.1
Currently, the preliminary
determinations are due no later than
September 26, 2017.
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to issue the preliminary
determination in a LTFV investigation
within 140 days after the date on which
the Department initiated the
investigation. However, section
733(c)(1)) of the Act permits the
Department to postpone the preliminary
determination until no later than 190
days after the date on which the
Department initiated the investigation
if: (A) The petitioner makes a timely
request for a postponement; or (B) the
Department concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
[FR Doc. 2017–19288 Filed 9–11–17; 8:45 am]
necessary to make a preliminary
BILLING CODE 3510–DS–P
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
DEPARTMENT OF COMMERCE
more before the scheduled date of the
preliminary determination and must
International Trade Administration
state the reasons for the request. The
[A–428–845, A–533–873, A–475–838, A–580– Department will grant the request unless
892, A–570–058, A–441–801]
it finds compelling reasons to deny the
request. See 19 CFR 351.205(e).
Certain Cold-Drawn Mechanical Tubing
On September 1, 2017, ArcelorMittal
of Carbon and Alloy Steel From the
Tubular Products; Michigan Seamless
Federal Republic of Germany, India,
Tube, LLC; PTC Alliance Corp.; Webco
Italy, the Republic of Korea, the
Industries, Inc.; and Zekelman
People’s Republic of China, and
Industries, Inc. (collectively, the
Switzerland: Postponement of
petitioners) submitted timely requests
Preliminary Determinations in the
pursuant to section 703(c)(1)(A) of the
Less-Than-Fair-Value Investigations
Act and 19 CFR 351.205(e) to postpone
the preliminary determinations in these
AGENCY: Enforcement and Compliance,
LTFV investigations.2 The petitioners
International Trade Administration,
stated that they request postponement
Department of Commerce.
because the Department is still gathering
DATES: Applicable September 12, 2017.
data and questionnaire responses from
FOR FURTHER INFORMATION CONTACT:
the foreign producers in these
Frances Veith at (202) 482–4295
investigations, and additional time is
(Federal Republic of Germany
necessary for the Department and
(Germany)), Omar Qureshi at (202) 482– interested parties to fully and properly
5307 (India), Carrie Bethea at (202) 482– analyze all questionnaire responses.
1491 (Italy), Annathea Cook at (202)
For the reasons stated above and
because there are no compelling reasons
482–0250 (Republic of Korea (Korea)),
to deny the request, the Department, in
Paul Stolz at (202) 482–4474 (People’s
accordance with section 733(c)(1)(A) of
Republic of China (PRC)), and Amanda
the Act, is postponing the deadline for
Brings at (202) 482–3927 (Switzerland),
the preliminary determinations by 50
AD/CVD Operations, Enforcement and
Compliance, International Trade
1 See Certain Cold-Drawn Mechanical Tubing of
Administration, U.S. Department of
Carbon and Alloy Steel from the Federal Republic
Commerce, 1401 Constitution Avenue
of Germany, India, Italy, the Republic of Korea, the
NW., Washington, DC 20230.
People’s Republic of China, and Switzerland:
Initiation of Less-Than-Fair-Value Investigations, 82
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2017, the Department of
Commerce (the Department) initiated
less-than-fair-value (LTFV)
VerDate Sep<11>2014
15:19 Sep 11, 2017
Jkt 241001
FR 22491 (May 16, 2017).
2 See letters from the petitioners, ‘‘Cold Drawn
Mechanical Tubing from China, Germany, India,
Italy, Korea and Switzerland—Petitioners’ Request
to Postpone the Antidumping Duty Preliminary
Determinations,’’ dated September 1, 2017.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
days (i.e., 190 days after the date on
which these investigations were
initiated). As a result, the Department
will issue its preliminary
determinations no later than November
15, 2017. In accordance with section
735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of publication of the preliminary
determinations, unless postponed at a
later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: September 6, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–19291 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–868]
Large Residential Washers From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2017, the
Department of Commerce (the
Department) published the preliminary
results of the third administrative
review of the antidumping duty (AD)
order on large residential washers
(LRWs) from the Republic of Korea
(Korea). The period of review (POR) is
February 1, 2015, to January 31, 2016.
Based on our analysis of the comments
received and our verification findings,
we made certain changes to the margin
calculations. Therefore, the final results
differ from the preliminary results. The
final weighted-average dumping margin
for the respondent, LG Electronics, Inc.
(LGE), is listed below in the section
entitled ‘‘Final Results of the Review.’’
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or William Miller,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4136 or
(202) 482–3906, respectively.
AGENCY:
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42785-42788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19288]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Results, Preliminary Determination of No
Shipments, and Partial Rescission of the Antidumping Duty
Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department preliminarily determines that the application
of facts available is warranted for mandatory respondent GODACO Seafood
Joint Stock Company (GODACO). In addition, the Department preliminarily
determines that the application of facts available with an adverse
inference is warranted for GODACO because it has not cooperated to the
best of its ability. However, the Department preliminarily determines
that GODACO qualifies for a separate rate for its exports of subject
merchandise to the United States during the period of review (POR)
August 1, 2015, through July 31, 2016. The Department also preliminary
determines that mandatory respondent Golden Quality Seafood Corporation
(Golden Quality) does not qualify for a separate rate and is,
therefore, considered a part of the Vietnam-Wide \1\ Entity. 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.
---------------------------------------------------------------------------
\1\ The Vietnam-wide entity also includes Thuan An Production
Trading and Service Co., Ltd., and Anvifish Joint Stock Company.
---------------------------------------------------------------------------
DATES: Effective September 12, 2017.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202-482-2243.
SUPPLEMENTARY INFORMATION:
Background
On October 14, 2016, the Department initiated the 13th
administrative review of the antidumping duty order on frozen fish
fillets (fish fillets) from Vietnam for the period August 1, 2015,
through July 31, 2016.\2\ On April 11, 2017, the Department fully
extended the deadline for issuing the preliminary results by 120
days.\3\ The revised deadline for the preliminary results of this
administrative review is August 31, 2017.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 71061 (October 14, 2016); see also
Appendix I for the complete list of all companies upon which the
Department initiated an administrative review.
\3\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Extension of Deadline for Preliminary Results of 2015-
2016 Administrative Review, dated April 11, 2017.
---------------------------------------------------------------------------
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'').\4\ Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.\5\
---------------------------------------------------------------------------
\4\ 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.
\5\ For a complete description of the scope of the order, see
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Decision Memorandum for the Preliminary Results, Preliminary
Determination of No Shipments, and Partial Rescission of the 2015-
2016 Antidumping Duty Administrative Review, (Preliminary Decision
Memorandum) at ``Scope of the Order'', dated concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
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
[[Page 42786]]
notice of initiation. Between December 30, 2015 and January 4, 2016, we
received timely withdrawal of review requests for 52 companies from the
petitioners,\6\ Bien Dong Seafood Co., Ltd (Bien Dong), and Vinh Hoan
Corporation (Vinh Hoan).\7\ Of these 52 companies, 34 do not have any
other outstanding review requests. 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 these 34 companies.\8\
The review will continue with respect to the other firms for which a
review was requested and initiated.
---------------------------------------------------------------------------
\6\ 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, the petitioners).
\7\ See Bien Dong Seafood Co., Ltd., submission dated January
12, 2017; the petitioners' submission dated December 15, 2016, and
January 12, 2017; and Vinh Hoan Corporation submission, dated
December 15, 2016.
\8\ See Appendix II for a full list of rescinded companies.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
The Department has preliminarily determined that Saigon-Mekong
Fishery Co., Ltd. (SAMEFICO), and QVD \9\ had no shipments during the
POR. Consistent with our practice in non-market economy (NME) cases, we
will not rescind the review, in part, in this circumstance, but rather,
complete the review with respect to these companies and issue
appropriate instructions to CBP based on the final results of the
review.\10\
---------------------------------------------------------------------------
\9\ These companies include QVD Food Co., Ltd., QVD Dong Thap
Food Co., Ltd. and Thuan Hung Co., Ltd.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------
Methodology
The Department is conducting 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). Vietnam is an NME within the meaning of section
771(18) 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 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, 2015,
through July 31, 2016:
---------------------------------------------------------------------------
\11\ 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 margin
Exporter (dollars/
kilogram) \11\
------------------------------------------------------------------------
GODACO Seafood Joint Stock Company.................... ** 2.39
Cadovimex II Seafood Import-Export and Processing 2.39
Joint Stock * Company................................
Can Tho Import-Export Joint Stock Company, aka 2.39
CASEAMEX *...........................................
Cuu Long Fish Joint Stock Company *................... 2.39
Dai Thanh Seafoods Company Limited *.................. 2.39
Green Farms Seafood Joint Stock Company *............. 2.39
Hoang Long Seafood Processing Co., Ltd.*.............. 2.39
Hung Vuong Group *.................................... 2.39
NTSF Seafoods Joint Stock Company *................... 2.39
Vinh Quang Fisheries Corporation *.................... 2.39
------------------------------------------------------------------------
* These companies are separate rate respondents not individually
examined.
** Although we preliminarily find GODACO to be eligible for a separate
rate, its margin is based on adverse facts available (AFA).
Disclosure, Public Comment & Opportunity To Request a Hearing
Normally, the Department discloses to interested parties the
calculations performed in connection with the preliminary results
within five days of its public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). However, because the
Department preliminarily determined that Golden Quality is part of the
Vietnam-wide entity, and GODACO's rate is based entirely on AFA, there
are no calculations to disclose.
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\12\ 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.\13\ 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.\14\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1)-(2).
\14\ 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
[[Page 42787]]
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, 1401 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.\15\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. With regard to the companies the Department
rescinded upon, the Department intends to issue assessment instructions
to CBP 15 days after the publication date of this partial rescission of
this review.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For any individually examined respondent whose calculated 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.\16\ 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.\17\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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 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 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
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. Affiliations
b. Partial Rescission
c. Selection of the Respondents
d. Preliminary Determination of No Reviewable Transactions
e. NME Country Status
f. Separate Rates
g. Application of Facts Available and Use of Adverse Inference
5. Recommendation
Appendix II
(1) An My Fish Joint Stock Company (also known as Anmyfish or
Anmyfishco)
(2) An Phat Seafood Co. Ltd. (also known as An Phat Import-Export
Seafood Co., Ltd.)
(3) An Phu Seafood Corporation (also known as ASEAFOOD or An Phu
Seafood Corp.)
(4) Asia Commerce Fisheries Joint Stock Company (also known as
Acomfish JSC or Acomfish)
(5) Basa Joint Stock Company (BASACO)
(6) Ben Tre Aquaproduct Import and Export Joint Stock Company (also
known as Bentre Aquaproduct, Bentre Aquaproduct Import & Export
Joint Stock Company or Aquatex Bentre)
(7) Bentre Forestry and Aquaproduct Import Export Joint Stock
Company (also known as (Ben Tre Forestry and Aquaproduct Import-
Export Company or Ben Tre Forestry Aquaproduct Import- Export
Company or Ben Tre Frozen Aquaproduct Export Company or Faquimex)
(8) Binh An Seafood Joint Stock Company (also known as Binh An or
Binh An Seafood Joint Stock Co.)
(9) C.P. Vietnam Corporation
(10) Cafatex Corporation (also known as Cafatex)
(11) Can Tho Animal Fishery Products Processing Export Enterprise
(also known as Cafatex)
(12) Cuu Long Fish Import-Export Corporation (also known as CL Panga
Fish)
(13) Da Nang Seaproducts Import-Export Corporation (also known as Da
Nang)
(14) East Sea Seafoods LLC (also known as ESS LLC, ESS, East Sea
Seafoods Limited Liability Company, East Sea Seafoods Joint Venture
Co., Ltd.)
(15) Fatifish Company Limited (also known as FATIFISH)
(16) Hai Huong Seafood Joint Stock Company (also known as HHFish, HH
Fish, or Hai Huong Seafood)
(17) Hiep Thanh Seafood Joint Stock Company (also known as Hiep
Thanh or Hiep Thanh Seafood Joint Stock Co.)
(18) Hoa Phat Seafood Import-Export and Processing J.S.C. (also
known as HOPAFISH or Hoa Phat Seafood Import-Export and Processing
Joint Stock Company)
(19) Hung Vuong Seafood Joint Stock Company
(20) Lian Heng Investment Co., Ltd. (also known as Lian Heng or Lian
Heng Investment)
(21) Lian Heng Trading Co., Ltd. (also known as Lian Heng or Lian
Heng Trading)
(22) Nam Viet Corporation (also known as NAVICO)
(23) Ngoc Ha Co. Ltd. Food Processing and Trading (also known as
Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
(24) Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89,
Nha Trang Seafoods, or Nha Trang Seaproduct Company)
[[Page 42788]]
(25) Quang Minh Seafood Company Limited (also known as Quang Minh,
Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
(26) Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries
Processing Company (also known as DOTASEAFOODCO or Seafood Joint
Stock Company No. 4--Branch Dong Tam Fisheries Processing Company)
(27) Sunrise Corporation
(28) TG Fishery Holdings Corporation (also known as TG)
(29) To Chau Joint Stock Company (also known as TOCHAU)
(30) Van Duc Food Export Joint Stock Company
(31) Van Duc Tien Giang Food Export Company
(32) Viet Hai Seafood Company Limited (also known as Viet Hai or
Vietnam Fish-One Co., Ltd.)
(33) Viet Phu Foods & Fish Co., Ltd.
(34) Viet Phu Foods and Fish Corporation (also known as Vietphu,
Viet Phu, Viet Phu Food and Fish Corporation, or Viet Phu Food &
Fish Corporation)
[FR Doc. 2017-19288 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P
