Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decisions Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review, 36879-36881 [2018-16333]
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
request within 90 days of the date of
publication of the notice of initiation of
the requested review. As noted above,
GEO withdrew its request for review by
the 90-day deadline and no other party
requested an administrative review of
the antidumping duty order.
Accordingly, we are rescinding the
administrative review of the
antidumping duty order on glycine from
China for the period
March 1, 2017, through February 28,
2018, in its entirety, in accordance with
19 CFR 351.213(d)(1).
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of glycine from China.
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). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as a 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–16336 Filed 7–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Assessment
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. Timely written
notification of the return/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.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
VerDate Sep<11>2014
Dated: July 23, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
18:30 Jul 30, 2018
Jkt 244001
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Notice
of Court Decisions Not in Harmony
With Final Results of Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 24, 2018, the United
States Court of International Trade
(Court) issued final judgments in An
Giang Fisheries Import and Export Joint
Stock Company et al. v. United States,
Consol. Court No. 14–00109, sustaining
the Department of Commerce’s
(Commerce) remand results for the
ninth administrative review of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (Vietnam) covering
the period of review (POR) August 1,
2011, through July 31, 2012. Commerce
is notifying the public that the Court’s
final judgment is not in harmony with
Commerce’s final results of the
administrative review, and that
Commerce is amending the final results
with respect to certain exporters.
SUMMARY:
DATES:
Applicable June 3, 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
On April 7, 2014, Commerce issued
its AR9 Final Results.1 On July 2, 2014,
Commerce issued its AR9 Amended
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review and New Shipper
Review; 2011–2012, 79 FR 19053 (April 7, 2014)
(AR9 Final Results).
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36879
Final Results.2 Agifish et al.3 and the
petitioners 4 timely filed complaints
with the Court and challenged certain
aspects of the AR9 Amended Final
Results. On June 7, 2015, the Court
remanded Commerce’s AR9 Amended
Final Results.5
In the first remand, in accordance
with the Court’s instructions, Commerce
reconsidered its selection of the
surrogate value (SV) for rice husk and
provided further explanation
concerning the cap to the fish oil byproduct offset in Vinh Hoan
Corporation’s 6 margin calculation.7
Additionally, and in accordance with
the Court’s instructions, Commerce
made changes to Vinh Hoan’s margin
calculation, specifically, by adjusting
the denominators for Vinh Hoan’s
factors of production (FOPs) to exclude
water weight, and subsequently
recalculating Vinh Hoan’s net U.S. price
of sales for subject merchandise on a net
weight basis exclusive of water weight.8
The Court upheld our findings on all
but one of these issues, i.e., the fish oil
by-product offset.9
On July 10, 2017, the Court remanded
Commerce’s First Remand Results.10 In
the second remand, in accordance with
the Court’s instructions, Commerce
provided further explanation with
respect to the calculated fish oil by2 See Amended Final Results of Antidumping
Duty Administrative Review; 2010–2011, 79 FR
37714 (July 2, 2014) (AR9 Amended Final Results)
and accompanying Ministerial Error Memorandum.
3 These include An Giang Fisheries Import and
Export Joint Stock Company, Asia Commerce
Fisheries Joint Stock Company, Cuu Long Fish Joint
Stock Company, Hiep Thanh Seafood Joint Stock
Company, International Development and
Investment Corporation, NTSF Seafoods Joint Stock
Company, QVD Food Company Ltd., Southern
Fishery Industries Company, Ltd., and Vinh Hoan
Corporation (collectively Agifish et al.).
4 Catfish Farmers of America and the following
individual U.S. catfish processors: America’s Catch,
Consolidated Catfish Companies, LLC dba Country
Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company,
Pride of the Pond, and Simmons Farm Raised
Catfish, Inc. (collectively, the petitioners).
5 See An Giang Fisheries Import and Export Joint
Stock Company et al. v. United States, Court No.
14–00109, Slip Op. 16–55 (CIT June 7, 2016).
6 Vinh Hoan was one of two mandatory
respondents selected by Commerce. (Vinh Hoan)
includes Vinh Hoan Corporation and its affiliates
Van Duc Food Export Joint Company and Van Duc
Tien Giang (VDTG).
7 See Final Results of Redetermination Pursuant
to An Giang Fisheries Import and Export Joint Stock
Company et al. v. United States, Consol. Court No.
14–00109, and Slip Op. 16–55, dated February 9,
2017 (First Remand Results).
8 Id.
9 See An Giang Fisheries Import and Export Joint
Stock Company et al. v. United States, Consol.
Court No. 14–00109, Slip Op. 17–00082 (July 10,
2017) (An Giang Fisheries).
10 See Vinh Hoan Corporation et al. v. United
States, Court No. 14–00109, Slip Op. 17–82 (CIT
July 10, 2017).
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
product offset and its superiority as
compared to the other fish oil SVs on
the record.11 On September 22, 2017,
Commerce filed the Second Remand
Results with the Court.
As a result of the AR9 Remand
Results,12 there are calculation changes.
After accounting for all such changes
and issues in the AR9 Remand Results,
the resulting antidumping duty margin
for Vinh Hoan is de minimis. Because
Vinh Hoan’s margin is now de minimis,
Agifish’s margin (unchanged) becomes
the margin ($1.20 per kilogram) for
those companies not individually
examined but receiving a separate rate.
On May 24, 2018, the Court sustained
the AR9 Remand Results.13
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken), as clarified by Diamond
Sawblades Mfrs. Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades), Commerce is
notifying the public that the final
judgment in this cases is not in harmony
with Commerce’s final results of the
antidumping duty administrative review
of the antidumping duty order on fish
fillets from Vietnam covering the POR.
Thus, Commerce is amending the AR9
Amended Final Results with respect to
the weighted-average dumping margins
for Vinh Hoan, and the separate rate
respondents.14
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (Act), Commerce must publish
a notice of a court decision that is not
‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s May 24, 2018, judgment
sustaining the AR9 Remand constitutes
a final decision of the Court that is not
in harmony with Commerce’s AR9
Amended Final Results. This notice is
published in fulfillment of the
publication requirement of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
AR9 Amended Final Results with
respect to Vinh Hoan, and the separate
rate respondents. The revised weightedaverage dumping margins for these
exporters during the period August 1,
2011, through July 31, 2012, are as
follows:
Weighted-average dumping margin
(dollars per kilogram)
Vinh Hoan Corporation 15 ................................................................................................................................
Hung Vuong Group 16 ......................................................................................................................................
An My Fish Joint Stock Company ...................................................................................................................
Anvifish Joint Stock Company 17 .....................................................................................................................
Asia Commerce Fisheries Joint Stock Company ............................................................................................
Binh An Seafood Joint Stock Company ..........................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ................................................
Cantho Import-Export Seafood Joint Stock Company ....................................................................................
Cuu Long Fish Import-Export Corporation 18 ..................................................................................................
Cuu Long Fish Joint Stock Company ..............................................................................................................
East Sea Seafoods Limited Liability Company 19 ...........................................................................................
Green Farms Seafood Joint Stock Company .................................................................................................
Hiep Thanh Seafood Joint Stock Company ....................................................................................................
Hoa Phat Seafood Import-Export and Processing JSC ..................................................................................
International Development & Investment Corporation ....................................................................................
NTSF Seafoods Joint Stock Company ............................................................................................................
QVD Food Company Ltd.20 .............................................................................................................................
Saigon Mekong Fishery Co., Ltd .....................................................................................................................
Seafood Joint Stock Company No.4 Branch Dongtam Fisheries Processing Company ...............................
Southern Fisheries Industries Company Ltd ...................................................................................................
Sunrise Corporation .........................................................................................................................................
Thien Ma Seafood Co., Ltd .............................................................................................................................
To Chau Joint Stock Company .......................................................................................................................
Viet Phu Food & Fish Corporation ..................................................................................................................
Vinh Quang Fisheries Corporation ..................................................................................................................
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Exporter name
0.00
1.20
1.20
1.20
1.20
1.20
1.20
1.20
............................................................
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
11 See Final Results of Redetermination Pursuant
To Court Remand, Consol. Court No. 14–00109, Slip
Op. 17–00082 (CIT July 10, 2017), dated September
22, 2017, (Second Remand Results).
12 See First Remand Results and Second Remand
Results (collectively, AR9 Remand Results).
13 See An Giang Fisheries Import and Export Joint
Stock Company et al. v. United States, Consol.
Court No. 14–109, Slip Op. 18–60 (CIT May 24,
2018).
14 These include: An My Fish Joint Stock
Company; Anvifish Joint Stock Company; Asia
Commerce Fisheries Joint Stock Company; Binh An
Seafood Joint Stock Company; Cadovimex II
Seafood Import-Export and Processing Joint Stock
Company; Cantho Import-Export Seafood Joint
Stock Company; Cuu Long Fish Import-Export
Corporation; Cuu Long Fish Joint Stock Company;
East Sea Seafoods Limited Liability Company;
Green Farms Seafood Joint Stock Company; Hiep
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18:30 Jul 30, 2018
Jkt 244001
Thanh Seafood Joint Stock Company; Hoa Phat
Seafood Import-Export and Processing JSC;
International Development & Investment
Corporation; NTSF Seafoods Joint Stock Company;
QVD Food Company Ltd.; Saigon Mekong Fishery
Co., Ltd.; Seafood Joint Stock Company No.4
Branch Dongtam Fisheries Processing Company;
Southern Fisheries Industries Company Ltd.;
Sunrise Corporation; Thien Ma Seafood Co., Ltd.;
To Chau Joint Stock Company; Viet Phu Food &
Fish Corporation; and Vinh Quang Fisheries
Corporation (collectively, separate rate
respondents).
15 This rate is applicable to the Vinh Hoan Group
which includes: Vinh Hoan, Van Duc, and VDTG.
16 This rate is applicable to the Hung Vuong
Group, which includes: An Giang Fisheries Import
and Export Joint Stock Company, Asia Pangasius
Company Limited, Europe Joint Stock Company,
Hung Vuong Joint Stock Company, Hung Vuong
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Mascato Company Limited, Hung Vuong—Vinh
Long Co., Ltd., and Hung Vuong—Sa Dec Co., Ltd.
17 Includes the trade name Anvifish Co., Ltd., and
Anvifish JSC.
18 Includes the trade name CL Panga Fish.
19 Includes the trade names East Sea Seafoods
LLC and ESS.
20 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (Dong Thap) and Thuan Hung Co.,
Ltd. (THUFICO). In the second review of this order,
Commerce found QVD, Dong Thap and THUFICO
to be a single entity, and because there has been no
evidence submitted on the record of this review that
calls this determination into question, we continue
to find these companies to be part of a single entity.
Therefore, we will assign this rate to the companies
in the single entity. See Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative
Review, 71 FR 53387 (September 11, 2006).
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
Accordingly, Commerce will continue
the suspension of liquidation of the
subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision. In the event
the Court’s ruling is not appealed or, if
appealed, upheld by the CAFC,
Commerce will instruct U.S. Customs
and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by the companies identified above using
the assessment rate calculated by
Commerce in the AR9 Remand Results
and listed above.
Cash Deposit Requirements
Unless the applicable cash deposit
rates have been superseded by cash
deposit rates calculated in an
intervening administrative review of the
AD order on frozen fish fillets from
Vietnam, Commerce will instruct U.S.
Customs and Border Protection to
require a cash deposit for estimated AD
duties at the rate noted above for each
specified exporter and producer
combination, for entries of subject
merchandise, entered or withdrawn
from warehouse, for consumption, on or
after June 3, 2018.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: July 25, 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.
[FR Doc. 2018–16333 Filed 7–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG377
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a four-day meeting to consider
actions affecting the Gulf of Mexico
fisheries in the exclusive economic zone
(EEZ).
SUMMARY:
VerDate Sep<11>2014
18:30 Jul 30, 2018
Jkt 244001
The meeting will be held on
Monday, August 20 through Thursday,
August 23, 2018.
DATES:
The meeting will take place
at the Omni Corpus Christi hotel located
at 900 N. Shoreline Boulevard, Corpus
Christi, TX 78401; telephone: (361) 887–
1600.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W.
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
ADDRESSES:
Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Agenda
Monday, August 20, 2018; 8:30 a.m.–
5:15 p.m.
The Coral Committee will receive an
update on the Flower Garden Banks
National Marine Sanctuary Expansion;
discuss Final Action: Abbreviated
Framework Action—Clarification of
Fishing in Habitat Area Particular
Concerns (HAPCs); and, receive an
update on the Coral Reef Conservation
Program Grant. The Sustainable
Fisheries Committee will review a Draft
Abbreviated Framework Action:
Conversion of Historical Captain
Endorsements to Federal For-Hire
Permits; and, review of Senate Bill S.
3138—A Bill to Establish a Regulatory
System for Marine Aquaculture in the
United States Exclusive Economic Zone
(EEZ).
After lunch, the Mackerel Committee
will convene to discuss the Coastal
Migratory Pelagics (CMP) Landings
Update; receive an update on Cobia
catch per unit effort (CPUE) Indices and
Scientific and Statistic Committee (SSC)
recommendations; and, review Options:
CMP Framework Amendment 7—
Modifications to Gulf Cobia Size and
Possession Limits. The Gulf SEDAR
Committee will receive an overview of
the revised SEDAR process; and review
and finalize the 2020 and 2021 Gulf
SEDAR Schedule. The Shrimp
Committee will receive an update on
Council request regarding shrimp effort
threshold reduction in the area
monitored for juvenile red snapper
bycatch and SSC recommendations. The
Spiny Lobster Committee will review
and discuss the Spiny Lobster Landings
and review Final Action: Spiny Lobster
Amendment 13—Modifications to the
Spiny Lobster Gear Requirements and
Cooperative Management Procedures.
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36881
Tuesday, August 21, 2018; 8:30 a.m.–
5:30 p.m.
The Reef Fish Management
Committee will convene and review the
Reef Fish Landings; review Final
Action: Framework Action to Modify
Red Snapper Acceptable Catch Limits
(ACL) and Acceptable Catch Targets
(ACT) and Gulf Hogfish ACLs. The
committee will also review Draft
Amendment 36B—Modifications to
Commercial Individual Fishing Quota
(IFQ) Programs and Final Action:
Modification to the Recreational Red
Snapper ACT Buffers. After lunch, the
committee will discuss the Gulf of
Mexico Allocation Review Triggers;
compare the Council’s Allocation Policy
with National Marine Fisheries Service
(NMFS) Allocation Review Policy;
review Scoping Document: Reallocation
of the Red Snapper ACL and the revised
Draft Amendment 50: State Management
Program for Recreational Red Snapper
and Individual State Amendments.
Wednesday, August 22, 2018; 8:30 a.m.–
5 p.m.
The Reef Fish Committee will receive
a presentation on the Great Red Snapper
Count; and review the Scientific and
Statistical Committee (SSC) Summary
Report. The Data Committee will review
the Gulf of Mexico 2017 Headboat
Summary Report; and receive an update
on Southeast For-Hire Electronic
Reporting Programs (SEFHIER)
Implementation Plan.
Mid-morning (approximately 10:45
a.m.), the Full Council will convene
with a Call to Order, Announcements,
and Introductions. The Council will
hold the induction of new Council
Members, followed by the Adoption of
Agenda and Approval of Minutes. The
Council will receive presentations on
Highly Migratory Species (HMS)
Amendment 11 regarding Shortfin Mako
Sharks; and from Texas Law
Enforcement. The Council will receive
open public testimony from 1:30 p.m.
until 5 p.m. on the following items:
Final Action: Abbreviated Framework
Action—Clarification of Fishing in
HAPCs; Final Action: Framework
Action to Modify Red Snapper ACLs
and ACTs, and Gulf Hogfish ACLs; Final
Action: Modification to the Recreational
Red Snapper Annual Catch Target
Buffers; Final Action: Spiny Lobster
Amendment 13—Modifications to the
Spiny Lobster Gear Requirements and
Cooperative Management Procedures;
and, on any other fishery issues or
concerns. Anyone wishing to speak
during public comment should sign in
at the registration station located at the
entrance to the meeting room.
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]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36879-36881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Notice of Court Decisions Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 24, 2018, the United States Court of International
Trade (Court) issued final judgments in An Giang Fisheries Import and
Export Joint Stock Company et al. v. United States, Consol. Court No.
14-00109, sustaining the Department of Commerce's (Commerce) remand
results for the ninth administrative review of the antidumping duty
order on certain frozen fish fillets from the Socialist Republic of
Vietnam (Vietnam) covering the period of review (POR) August 1, 2011,
through July 31, 2012. Commerce is notifying the public that the
Court's final judgment is not in harmony with Commerce's final results
of the administrative review, and that Commerce is amending the final
results with respect to certain exporters.
DATES: Applicable June 3, 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
On April 7, 2014, Commerce issued its AR9 Final Results.\1\ On July
2, 2014, Commerce issued its AR9 Amended Final Results.\2\ Agifish et
al.\3\ and the petitioners \4\ timely filed complaints with the Court
and challenged certain aspects of the AR9 Amended Final Results. On
June 7, 2015, the Court remanded Commerce's AR9 Amended Final
Results.\5\
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty Administrative Review
and New Shipper Review; 2011-2012, 79 FR 19053 (April 7, 2014) (AR9
Final Results).
\2\ See Amended Final Results of Antidumping Duty Administrative
Review; 2010-2011, 79 FR 37714 (July 2, 2014) (AR9 Amended Final
Results) and accompanying Ministerial Error Memorandum.
\3\ These include An Giang Fisheries Import and Export Joint
Stock Company, Asia Commerce Fisheries Joint Stock Company, Cuu Long
Fish Joint Stock Company, Hiep Thanh Seafood Joint Stock Company,
International Development and Investment Corporation, NTSF Seafoods
Joint Stock Company, QVD Food Company Ltd., Southern Fishery
Industries Company, Ltd., and Vinh Hoan Corporation (collectively
Agifish et al.).
\4\ Catfish Farmers of America and the following individual U.S.
catfish processors: America's Catch, Consolidated Catfish Companies,
LLC dba Country Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company, Pride of the Pond,
and Simmons Farm Raised Catfish, Inc. (collectively, the
petitioners).
\5\ See An Giang Fisheries Import and Export Joint Stock Company
et al. v. United States, Court No. 14-00109, Slip Op. 16-55 (CIT
June 7, 2016).
---------------------------------------------------------------------------
In the first remand, in accordance with the Court's instructions,
Commerce reconsidered its selection of the surrogate value (SV) for
rice husk and provided further explanation concerning the cap to the
fish oil by-product offset in Vinh Hoan Corporation's \6\ margin
calculation.\7\ Additionally, and in accordance with the Court's
instructions, Commerce made changes to Vinh Hoan's margin calculation,
specifically, by adjusting the denominators for Vinh Hoan's factors of
production (FOPs) to exclude water weight, and subsequently
recalculating Vinh Hoan's net U.S. price of sales for subject
merchandise on a net weight basis exclusive of water weight.\8\ The
Court upheld our findings on all but one of these issues, i.e., the
fish oil by-product offset.\9\
---------------------------------------------------------------------------
\6\ Vinh Hoan was one of two mandatory respondents selected by
Commerce. (Vinh Hoan) includes Vinh Hoan Corporation and its
affiliates Van Duc Food Export Joint Company and Van Duc Tien Giang
(VDTG).
\7\ See Final Results of Redetermination Pursuant to An Giang
Fisheries Import and Export Joint Stock Company et al. v. United
States, Consol. Court No. 14-00109, and Slip Op. 16-55, dated
February 9, 2017 (First Remand Results).
\8\ Id.
\9\ See An Giang Fisheries Import and Export Joint Stock Company
et al. v. United States, Consol. Court No. 14-00109, Slip Op. 17-
00082 (July 10, 2017) (An Giang Fisheries).
---------------------------------------------------------------------------
On July 10, 2017, the Court remanded Commerce's First Remand
Results.\10\ In the second remand, in accordance with the Court's
instructions, Commerce provided further explanation with respect to the
calculated fish oil by-
[[Page 36880]]
product offset and its superiority as compared to the other fish oil
SVs on the record.\11\ On September 22, 2017, Commerce filed the Second
Remand Results with the Court.
---------------------------------------------------------------------------
\10\ See Vinh Hoan Corporation et al. v. United States, Court
No. 14-00109, Slip Op. 17-82 (CIT July 10, 2017).
\11\ See Final Results of Redetermination Pursuant To Court
Remand, Consol. Court No. 14-00109, Slip Op. 17-00082 (CIT July 10,
2017), dated September 22, 2017, (Second Remand Results).
---------------------------------------------------------------------------
As a result of the AR9 Remand Results,\12\ there are calculation
changes. After accounting for all such changes and issues in the AR9
Remand Results, the resulting antidumping duty margin for Vinh Hoan is
de minimis. Because Vinh Hoan's margin is now de minimis, Agifish's
margin (unchanged) becomes the margin ($1.20 per kilogram) for those
companies not individually examined but receiving a separate rate. On
May 24, 2018, the Court sustained the AR9 Remand Results.\13\
---------------------------------------------------------------------------
\12\ See First Remand Results and Second Remand Results
(collectively, AR9 Remand Results).
\13\ See An Giang Fisheries Import and Export Joint Stock
Company et al. v. United States, Consol. Court No. 14-109, Slip Op.
18-60 (CIT May 24, 2018).
---------------------------------------------------------------------------
Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d
337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades), Commerce is notifying the public that the final judgment in
this cases is not in harmony with Commerce's final results of the
antidumping duty administrative review of the antidumping duty order on
fish fillets from Vietnam covering the POR. Thus, Commerce is amending
the AR9 Amended Final Results with respect to the weighted-average
dumping margins for Vinh Hoan, and the separate rate respondents.\14\
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\14\ These include: An My Fish Joint Stock Company; Anvifish
Joint Stock Company; Asia Commerce Fisheries Joint Stock Company;
Binh An Seafood Joint Stock Company; Cadovimex II Seafood Import-
Export and Processing Joint Stock Company; Cantho Import-Export
Seafood Joint Stock Company; Cuu Long Fish Import-Export
Corporation; Cuu Long Fish Joint Stock Company; East Sea Seafoods
Limited Liability Company; Green Farms Seafood Joint Stock Company;
Hiep Thanh Seafood Joint Stock Company; Hoa Phat Seafood Import-
Export and Processing JSC; International Development & Investment
Corporation; NTSF Seafoods Joint Stock Company; QVD Food Company
Ltd.; Saigon Mekong Fishery Co., Ltd.; Seafood Joint Stock Company
No.4 Branch Dongtam Fisheries Processing Company; Southern Fisheries
Industries Company Ltd.; Sunrise Corporation; Thien Ma Seafood Co.,
Ltd.; To Chau Joint Stock Company; Viet Phu Food & Fish Corporation;
and Vinh Quang Fisheries Corporation (collectively, separate rate
respondents).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (Act), Commerce must publish a notice of
a court decision that is not ``in harmony'' with a Commerce
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The Court's May 24, 2018, judgment
sustaining the AR9 Remand constitutes a final decision of the Court
that is not in harmony with Commerce's AR9 Amended Final Results. This
notice is published in fulfillment of the publication requirement of
Timken.
Amended Final Results
Because there is now a final court decision, Commerce is amending
the AR9 Amended Final Results with respect to Vinh Hoan, and the
separate rate respondents. The revised weighted-average dumping margins
for these exporters during the period August 1, 2011, through July 31,
2012, are as follows:
------------------------------------------------------------------------
Weighted-average dumping margin
Exporter name (dollars per kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \15\.......... 0.00
Hung Vuong Group \16\............... 1.20
An My Fish Joint Stock Company...... 1.20
Anvifish Joint Stock Company \17\... 1.20
Asia Commerce Fisheries Joint Stock 1.20
Company............................
Binh An Seafood Joint Stock Company. 1.20
Cadovimex II Seafood Import-Export 1.20
and Processing Joint Stock Company.
Cantho Import-Export Seafood Joint 1.20
Stock Company......................
Cuu Long Fish Import-Export ..................................
Corporation \18\...................
Cuu Long Fish Joint Stock Company... 1.20
East Sea Seafoods Limited Liability 1.20
Company \19\.......................
Green Farms Seafood Joint Stock 1.20
Company............................
Hiep Thanh Seafood Joint Stock 1.20
Company............................
Hoa Phat Seafood Import-Export and 1.20
Processing JSC.....................
International Development & 1.20
Investment Corporation.............
NTSF Seafoods Joint Stock Company... 1.20
QVD Food Company Ltd.\20\........... 1.20
Saigon Mekong Fishery Co., Ltd...... 1.20
Seafood Joint Stock Company No.4 1.20
Branch Dongtam Fisheries Processing
Company............................
Southern Fisheries Industries 1.20
Company Ltd........................
Sunrise Corporation................. 1.20
Thien Ma Seafood Co., Ltd........... 1.20
To Chau Joint Stock Company......... 1.20
Viet Phu Food & Fish Corporation.... 1.20
Vinh Quang Fisheries Corporation.... 1.20
------------------------------------------------------------------------
[[Page 36881]]
Accordingly, Commerce will continue the suspension of liquidation
of the subject merchandise pending the expiration of the period of
appeal or, if appealed, pending a final and conclusive court decision.
In the event the Court's ruling is not appealed or, if appealed, upheld
by the CAFC, Commerce will instruct U.S. Customs and Border Protection
to assess antidumping duties on unliquidated entries of subject
merchandise exported by the companies identified above using the
assessment rate calculated by Commerce in the AR9 Remand Results and
listed above.
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\15\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan, Van Duc, and VDTG.
\16\ This rate is applicable to the Hung Vuong Group, which
includes: An Giang Fisheries Import and Export Joint Stock Company,
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
\17\ Includes the trade name Anvifish Co., Ltd., and Anvifish
JSC.
\18\ Includes the trade name CL Panga Fish.
\19\ Includes the trade names East Sea Seafoods LLC and ESS.
\20\ This rate is also applicable to QVD Dong Thap Food Co.,
Ltd. (Dong Thap) and Thuan Hung Co., Ltd. (THUFICO). In the second
review of this order, Commerce found QVD, Dong Thap and THUFICO to
be a single entity, and because there has been no evidence submitted
on the record of this review that calls this determination into
question, we continue to find these companies to be part of a single
entity. Therefore, we will assign this rate to the companies in the
single entity. See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 53387 (September 11, 2006).
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Cash Deposit Requirements
Unless the applicable cash deposit rates have been superseded by
cash deposit rates calculated in an intervening administrative review
of the AD order on frozen fish fillets from Vietnam, Commerce will
instruct U.S. Customs and Border Protection to require a cash deposit
for estimated AD duties at the rate noted above for each specified
exporter and producer combination, for entries of subject merchandise,
entered or withdrawn from warehouse, for consumption, on or after June
3, 2018.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: July 25, 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.
[FR Doc. 2018-16333 Filed 7-30-18; 8:45 am]
BILLING CODE 3510-DS-P
