Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results, Final Results of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016, 12717-12719 [2018-05935]
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
Notice and opportunity for
public comment.
ACTION:
DEPARTMENT OF COMMERCE
Economic Development Administration
The Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
SUMMARY:
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, U.S. Department of
Commerce.
AGENCY:
12717
increased imports into the United States
of articles like or directly competitive
with those produced by each of the
firms contributed importantly to the
total or partial separation of the firms’
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
SUPPLEMENTARY INFORMATION:
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE
[03/05/2018 through 03/13/2018]
Firm name
PrintSpace 3D, LLC ................
Trans Tool, LLC ......................
Emdee International Enterprises, Inc.
Firm address
785 Pinehaven Street,
Rexburg, ID 83440.
110 Connelly Street, San Antonio, TX 78203.
3595 Clearview Parkway, Atlanta, GA 30340.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
[FR Doc. 2018–05895 Filed 3–22–18; 8:45 am]
BILLING CODE 3510–WH–P
amozie on DSK30RV082PROD with NOTICES
Date accepted
for
investigation
Product(s)
3/6/2018
The firm manufactures 3D printers.
3/8/2018
The firm manufactures automotive tools and shop equipment,
including cabinet washers, steel tanks and tables, and airless shot blasting machines.
The firm manufactures custom textiles, including drapery
panels, bedding, pillows, table runners, and fabric lamp
shades.
3/13/2018
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results, Final Results 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 of Commerce
(Commerce) determines that certain
frozen fish fillets (fish fillets) from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less than normal value
during the period of review (POR)
August 1, 2015, through July 31, 2016.
DATES: Applicable March 23, 2018.
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
Commerce published the Preliminary
Results on September 12, 2017.1 In the
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results,
Preliminary Determination of No Shipments, and
VerDate Sep<11>2014
21:54 Mar 22, 2018
Jkt 244001
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Sfmt 4703
Preliminary Results, we determined that
GODACO Seafood Joint Stock Company
(GODACO) did not act to the best of its
ability in responding to Commerce’s
questionnaires and, pursuant to sections
776(a) and (b) of the Tariff Act of 1930,
as amended (the Act), Commerce
applied an adverse inference in
calculating a margin for GODACO.2
Commerce also determined a margin for
the companies subject to this review
which demonstrated that they were
separate from the Vietnam-wide entity.3
Between February 5 and 15, 2018,
interested parties submitted case and
rebuttal briefs. On February 27, 2018,
Commerce held a public hearing limited
to issues raised in the case and rebuttal
briefs. The period of review (POR) is
August 1, 2015, through July 31, 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
Partial Rescission of the Antidumping Duty
Administrative Review; 2015–2016, 82 FR 42785
(September 12, 2017) (Preliminary Results) and
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Decision Memorandum for
the Preliminary Results of the 2015–2016
Antidumping Duty Administrative Review (August
31, 2017) (PDM).
2 See PDM.
3 Id.
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12718
Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
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
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 as the
Appendix to this notice. 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 determined that a different rate
is appropriate to apply to GODACO,
which in turn results in a different rate
applied to the separate rate companies
from the margins assigned in the
Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that SaigonMekong Fishery Co., Ltd. (SAMEFICO),
and QVD 6 had no shipments during the
POR. Consistent with Commerce’s
refinement to its assessment practice in
non-market economy (NME) cases, we
completed the review with respect to
the above-named companies.7 Based on
the certifications submitted by these
companies, we continue to find that
they did not have any shipments during
the POR. As noted in the ‘‘Assessment
Rates’’ section below, Commerce
intends to issue appropriate instructions
to CBP for the above-named companies
based on the final results of the review.
Corporation (Golden Quality). Golden
Quality failed to answer Commerce’s
antidumping duty questionnaire and is
not eligible for separate rate status; thus,
we find Golden Quality to be part of the
Vietnam-wide entity, which is not
under review. As Golden Quality is part
of the Vietnam-wide entity, it will
receive the Vietnam-wide entity’s
antidumping duty margin of $2.39/kg.
Additionally, consistent with
Commerce’s practice to assign the
Vietnam-wide rate to companies under
review that do not submit separate rate
certifications or applications and, thus,
are not eligible for separate rate status,
we are also assigning the Vietnam-wide
entity’s rate to Anvifish Joint Stock
Company (Anvifish) and Thuan An
Production Trading and Service Co.,
Ltd. (Tafishco).
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 7 of the Issues and Decision
Memorandum, Commerce is rescinding
this review with respect to An Giang
Agriculture and Food Import-Export
Joint Stock Company (Afiex), Bien Dong
Seafood Co., Ltd. (Bien Dong) and Vinh
Hoan Corporation (Vinh Hoan).
Vietnam-Wide Entity
Final Results of the Review
We noted in the Preliminary Results
that a review was requested, but not
rescinded, for Golden Quality Seafood
The weighted-average dumping
margins for the final results of this
administrative review are as follows:
Weighted-average
margin (dollars/
kilogram) 8
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 * ........................................................................................................................................
Southern Fishery Industries Company, Ltd. ..................................................................................................................................
Vinh Quang Fisheries Corporation * ..............................................................................................................................................
** 3.87
7.74
3.87
3.87
3.87
3.87
7.74
3.87
3.87
3.87
3.87
amozie on DSK30RV082PROD with NOTICES
* These companies are separate rate respondents not individually examined.
** Although we find mandatory respondent GODACO to be eligible for a separate rate, its margin is based on adverse facts available (AFA).
*** Cadovimex II’s and Hoang Long’s rates are based on a finding of duty reimbursements.
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,
Commerce 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
VerDate Sep<11>2014
21:54 Mar 22, 2018
Jkt 244001
January 1, 2012. On January 1, 2012, Commerce
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: Issues and Decision
Memorandum for the Final Results of the
Thirteenth Antidumping Duty. Administrative
Review; 2015–2016,’’ at 2–3 (Issues and Decision
Memorandum), dated concurrently with and hereby
adopted by this notice.
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6 These companies include QVD Food Co., Ltd.,
QVD Dong Thap Food Co., Ltd. and Thuan Hung
Co., Ltd.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
8 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).
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
amozie on DSK30RV082PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce 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), Commerce 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).
Commerce 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.9
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
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Decision Memo at 4–5.
VerDate Sep<11>2014
21:54 Mar 22, 2018
Jkt 244001
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
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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties. As
noted above, and described in detail in
the Issues and Decision Memorandum,
Commerce has determined as adverse
facts available, pursuant to sections
776(a) and (b) of the Act, that
Cadovimex II and Hoang Long had their
antidumping duties reimbursed during
the POR.
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 and 19 CFR
351.221(b)(5).
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Fmt 4703
Sfmt 4703
12719
Dated: March 14, 2018.
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
List of Topics Discussed in the Final
Decision Memorandum
Comment 1: Assignment of AFA Rate to
GODACO
Comment 2: Assignment of GODACO’s Rate
to the Separate Rate Respondents
Comment 3: Assignment of AFA Rate to
Hoang Long and CADOVIMEX II
Comment 4: Whether to Rescind the Review
with Respect to Golden Quality
Comment 5: Golden Quality’s Reporting of
CONNUM-Specific FOPs
Comment 6: Application of Adverse Facts
Available to Golden Quality
Comment 7: Preliminary Results Posting
Errors
Comment 8: CBP Instructions
[FR Doc. 2018–05935 Filed 3–22–18; 8:45 am]
BILLING CODE 3510–DS–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed Deletions from the
Procurement List.
AGENCY:
This action deletes products
from the Procurement List previously
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Comments must be received on
or before: April 22, 2018.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
715, Arlington, Virginia, 22202–4149.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Amy B. Jensen,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or email CMTEFedReg@
AbilityOne.gov.
SUMMARY:
This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUPPLEMENTARY INFORMATION:
Deletions
The following products are proposed
for deletion from the Procurement List:
E:\FR\FM\23MRN1.SGM
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Agencies
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12717-12719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05935]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results, Final Results 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 of Commerce (Commerce) determines that certain
frozen fish fillets (fish fillets) from the Socialist Republic of
Vietnam (Vietnam) are being, or are likely to be, sold in the United
States at less than normal value during the period of review (POR)
August 1, 2015, through July 31, 2016.
DATES: Applicable March 23, 2018.
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
Commerce published the Preliminary Results on September 12,
2017.\1\ In the Preliminary Results, we determined that GODACO Seafood
Joint Stock Company (GODACO) did not act to the best of its ability in
responding to Commerce's questionnaires and, pursuant to sections
776(a) and (b) of the Tariff Act of 1930, as amended (the Act),
Commerce applied an adverse inference in calculating a margin for
GODACO.\2\ Commerce also determined a margin for the companies subject
to this review which demonstrated that they were separate from the
Vietnam-wide entity.\3\ Between February 5 and 15, 2018, interested
parties submitted case and rebuttal briefs. On February 27, 2018,
Commerce held a public hearing limited to issues raised in the case and
rebuttal briefs. The period of review (POR) is August 1, 2015, through
July 31, 2016.
---------------------------------------------------------------------------
\1\ See 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, 82 FR 42785 (September 12, 2017)
(Preliminary Results) and Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Decision Memorandum for the
Preliminary Results of the 2015-2016 Antidumping Duty Administrative
Review (August 31, 2017) (PDM).
\2\ See PDM.
\3\ Id.
---------------------------------------------------------------------------
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
[[Page 12718]]
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, Commerce 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, Commerce 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:
Issues and Decision Memorandum for the Final Results of the
Thirteenth Antidumping Duty. Administrative Review; 2015-2016,'' 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 as the Appendix to this
notice. 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
determined that a different rate is appropriate to apply to GODACO,
which in turn results in a different rate applied to the separate rate
companies from the margins assigned in the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Saigon-Mekong Fishery Co., Ltd. (SAMEFICO), and QVD \6\ had no
shipments during the POR. Consistent with Commerce's refinement to its
assessment practice in non-market economy (NME) cases, we completed the
review with respect to the above-named companies.\7\ Based on the
certifications submitted by these companies, we continue to find that
they did not have any shipments during the POR. As noted in the
``Assessment Rates'' section below, Commerce intends to issue
appropriate instructions to CBP for the above-named companies based on
the final results of the review.
---------------------------------------------------------------------------
\6\ These companies include QVD Food Co., Ltd., QVD Dong Thap
Food Co., Ltd. and Thuan Hung Co., Ltd.
\7\ 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). Golden Quality failed to answer Commerce's antidumping duty
questionnaire and is not eligible for separate rate status; thus, we
find Golden Quality to be part of the Vietnam-wide entity, which is not
under review. As Golden Quality is part of the Vietnam-wide entity, it
will receive the Vietnam-wide entity's antidumping duty margin of
$2.39/kg. Additionally, consistent with Commerce's practice to assign
the Vietnam-wide rate to companies under review that do not submit
separate rate certifications or applications and, thus, are not
eligible for separate rate status, we are also assigning the Vietnam-
wide entity's rate to Anvifish Joint Stock Company (Anvifish) and Thuan
An Production Trading and Service Co., Ltd. (Tafishco).
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 7 of the Issues and Decision
Memorandum, Commerce is rescinding this review with respect to An Giang
Agriculture and Food Import-Export Joint Stock Company (Afiex), Bien
Dong Seafood Co., Ltd. (Bien Dong) and Vinh Hoan Corporation (Vinh
Hoan).
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
---------------------------------------------------------------------------
\8\ 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) 8
------------------------------------------------------------------------
GODACO Seafood Joint Stock Company................... ** 3.87
Cadovimex II Seafood Import-Export and Processing 7.74
Joint Stock Company ***.............................
Can Tho Import-Export Joint Stock Company, aka 3.87
CASEAMEX *..........................................
Cuu Long Fish Joint Stock Company *.................. 3.87
Dai Thanh Seafoods Company Limited *................. 3.87
Green Farms Seafood Joint Stock Company *............ 3.87
Hoang Long Seafood Processing Co., Ltd.***........... 7.74
Hung Vuong Group *................................... 3.87
NTSF Seafoods Joint Stock Company *.................. 3.87
Southern Fishery Industries Company, Ltd............. 3.87
Vinh Quang Fisheries Corporation *................... 3.87
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* These companies are separate rate respondents not individually
examined.
** Although we find mandatory respondent GODACO to be eligible for a
separate rate, its margin is based on adverse facts available (AFA).
*** Cadovimex II's and Hoang Long's rates are based on a finding of duty
reimbursements.
[[Page 12719]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce 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 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), Commerce 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).
Commerce 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.\9\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memo at 4-5.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for 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 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties. As noted above, and described in detail in the
Issues and Decision Memorandum, Commerce has determined as adverse
facts available, pursuant to sections 776(a) and (b) of the Act, that
Cadovimex II and Hoang Long had their antidumping duties reimbursed
during the POR.
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 and
19 CFR 351.221(b)(5).
Dated: March 14, 2018.
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
List of Topics Discussed in the Final Decision Memorandum
Comment 1: Assignment of AFA Rate to GODACO
Comment 2: Assignment of GODACO's Rate to the Separate Rate
Respondents
Comment 3: Assignment of AFA Rate to Hoang Long and CADOVIMEX II
Comment 4: Whether to Rescind the Review with Respect to Golden
Quality
Comment 5: Golden Quality's Reporting of CONNUM-Specific FOPs
Comment 6: Application of Adverse Facts Available to Golden Quality
Comment 7: Preliminary Results Posting Errors
Comment 8: CBP Instructions
[FR Doc. 2018-05935 Filed 3-22-18; 8:45 am]
BILLING CODE 3510-DS-P