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, 36876-36878 [2018-16338]
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36876
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
destruction 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) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: July 25, 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.
[FR Doc. 2018–16341 Filed 7–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–823]
Laminated Woven Sacks From the
Socialist Republic of Vietnam:
Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Celeste Chen, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–0890,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
daltland on DSKBBV9HB2PROD with NOTICES
Background
On March 27, 2018, the Department of
Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of
imports of laminated woven sacks
(LWS) from the Socialist Republic of
Vietnam (Vietnam).1 Currently, the
preliminary determination is due no
later than August 14, 2018.
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
1 See Laminated Woven Sacks From the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigation, 83 FR 14257 (April 3, 2018)
(Initiation Notice).
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Commerce to issue the preliminary
determination in a LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1)(A)(b)(1) of
the Act permits Commerce to postpone
the preliminary determination until no
later than 190 days after the date on
which Commerce initiated the
investigation if: (A) The petitioner
makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On July 17, 2018, the petitioners 2
submitted a timely request that
Commerce postpone the preliminary
determination in the LTFV
investigation.3 The petitioners stated
that they request postponement
‘‘because the initial questionnaire
responses submitted by the respondents
in this investigation are substantially
deficient, and it may not be possible for
{Commerce} to obtain usable corrected
responses within the current
schedule.’’ 4
For the reasons stated above, and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigations was initiated).
As a result, Commerce will issue its
preliminary determination no later than
October 3, 2018. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, 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).
2 The petitioners are the Laminated Woven Sacks
Fair Trade Coalition and its individual members,
Polytex Fibers Corporation and ProAmpac Holdings
Inc.
3 See Petitioners’ Letter, ‘‘Investigation of
Laminated Woven Sacks From the Socialist
Republic of Vietnam: Petitioners’ Request For
Postponement Of The Preliminary Determination,’’
dated July 17, 2018.
4 Id.
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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. 2018–16334 Filed 7–30–18; 8:45 am]
BILLING CODE 3510–DS–P
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
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 Vinh
Hoan Corporation et al. v. United
States, Consol. Court No. 13–00156,
sustaining the Department of
Commerce’s (Commerce) remand results
for the eighth 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,
2010, through July 31, 2011. 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:
AGENCY:
Background
On March 21, 2013, Commerce issued
its AR8 Final Results.1 On May 20,
2013, Commerce issued its AR8
Amended Final Results.2 Vinh Hoan et
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review and New Shipper
Reviews; 2010–2011, 78 FR 17350 (March 21, 2013)
(AR8 Final Results).
2 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Amended Final Results of
Antidumping Duty Administrative Review; 2010–
E:\FR\FM\31JYN1.SGM
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
al.3 and the petitioners 4 timely filed
complaints with the Court and
challenged certain aspects of the AR8
Amended Final Results. On February
19, 2015, the Court remanded
Commerce’s AR8 Amended Final
Results.5
daltland on DSKBBV9HB2PROD with NOTICES
In the first remand, in accordance
with the Court’s instructions, Commerce
reconsidered its selection of the
surrogate country, and the selection of
certain surrogate values (SVs), i.e.,
whole live pangasius fish, surrogate
financial statements, various byproducts and several other SVs, as they
relate to the selection of the surrogate
country.6 Additionally, and in
accordance with the Court’s
instructions, Commerce made changes
to Vinh Hoan Corporation’s 7 (Vinh
Hoan) margin calculation, specifically,
by adjusting the denominators for Vinh
Hoan’s factors of production (FOPs) to
exclude water weight, and adjusting the
consignment expense for certain sales.
Commerce made changes to the margin
calculations of Vinh Hoan, Anvifish
Joint Stock Company (Anvifish) and the
separate rate respondents’ margins to
account for a small change in the whole
live fish SV. Also, at Commerce’s
request, the Court granted Commerce a
voluntary remand to reconsider the
calculation of the cap applied to Vinh
Hoan’s fish oil by-product offset.
2011, 78 FR 29323 (May 20, 2013) (AR8 Amended
Final Results) and accompanying Ministerial Error
Memorandum.
3 These include Vinh Hoan, the Vietnam
Association of Seafood Exporters and Producers,
Binh An Seafood Joint Stock Company (Binh An),
Anvifish and Vinh Quang Fisheries Corporation
(Vinh Quang).
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 Vinh Hoan Corporation et al. v. United
States, Court No. 13–00156, Slip Op. 15–16 (CIT
February 19, 2015).
6 See Final Results of Redetermination Pursuant
to Vinh Hoan Corporation et al. v. United States,
Consol. Court No. 13–00156, and Slip Op. 15–16,
dated August 3, 2015 (First Remand Results).
7 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).
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On May 26, 2016, the Court remanded
Commerce’s First Remand Results.8 In
the second remand, in accordance with
the Court’s instructions, Commerce
reconsidered its selection of the sawdust
and rice husk SVs, provided further
explanation concerning the cap to the
fish oil by-product offset, and discussed
the use of the absolute value of byproducts in the margin calculation.9 The
Court upheld our findings on these
issues, except one, the fish oil byproduct offset.10
On July 10, 2017, the Court remanded
Commerce’s Second Remand Results.11
In the third remand, in accordance with
the Court’s instructions, Commerce
provided further explanation with
respect to the calculated fish oil byproduct offset and its superiority with
respect to the other fish oil SVs on the
record.12 On September 22, 2017,
Commerce filed the Third Remand
Results with the Court. On May 24,
2018, the Court upheld the Third
Remand Results.
As a result of the AR8 Remand
Results,13 there are calculation changes.
After accounting for all such changes
and issues in the AR8 Remand Results,
the resulting antidumping margin for
Vinh Hoan is $0.13 per kilogram and
$2.39 per kilogram for Anvifish.
Because Vinh Hoan’s and Anvifish’s
margins changed, their weighted
average also becomes the margin ($1.28
per kilogram) for those companies not
individually examined but receiving a
separate rate. On May 24, 2018, the
Court sustained the AR8 Remand
Results.14
Vinh Hoan Corporation et al. v. United
States, Court No. 13–00156, Slip Op. 16–53 (CIT
May 26, 2016).
9 See Final Results of Redetermination Pursuant
to Vinh Hoan Corporation et al. v. United States,
Consol. Court No. 13–00156, Slip Op. 16–00053,
dated May 26, 2016 (Second Remand Results).
10 See Vinh Hoan Corporation et al. v. United
States, Consol. Court No. 13–00156, Slip Op. 17–
00081 (July 10, 2017) (Vinh Hoan).
11 See Vinh Hoan Corporation et al. v. United
States, Court No. 13–00156, Slip Op. 17–81 (CIT
July 10, 2017).
12 See Final Results of Redetermination Pursuant
To Court Remand, Consol. Court No. 13–00156, Slip
Op. 15–16 (CIT February 19, 2015), dated
September 22, 2017, (Third Remand Results).
13 See First Remand Results, Second Remand
Results, and Third Remand Results (collectively
AR8 Remand Results).
14 See Vinh Hoan Corporation et a. v. United
States, Court No. 13–00156, Slip Op. 18–59 (CIT
May 24, 2018).
PO 00000
8 See
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36877
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 case 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 AR8
Amended Final Results with respect to
the weighted-average dumping margins
for Vinh Hoan, Anvifish and the
separate rate respondents.15
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 AR8 Remand constitutes
a final decision of the Court that is not
in harmony with Commerce’s AR8
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
AR8 Amended Final Results with
respect to Vinh Hoan, Anvifish and the
separate rate respondents. The revised
weighted-average dumping margins for
these exporters during the period
August 1, 2010, through July 31, 2011,
are as follows:
15 These include: An Giang Agriculture and Food
Import-Export 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; Hiep Thanh Seafood Joint Stock
Company; Hung Vuong Corporation; Nam Viet
Corporation; NTSF Seafoods Joint Stock Company;
QVD Food Company Ltd.; Saigon Mekong Fishery
Co., Ltd.; Southern Fisheries Industries Company
Ltd.; and Vinh Quang Fisheries Corporation
(collectively, separate rate respondents).
E:\FR\FM\31JYN1.SGM
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36878
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
Weightedaverage
dumping
margin
(dollars per
kilogram)
Exporter
Vinh Hoan Corporation 16 ....................................................................................................................................................................
Anvifish Joint Stock Company 17 .........................................................................................................................................................
An Giang Agriculture and Food Import-Export 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 ....................................................................................
Hiep Thanh Seafood Joint Stock Company ........................................................................................................................................
Hung Vuong Corporation .....................................................................................................................................................................
Nam Viet Corporation ..........................................................................................................................................................................
NTSF Seafoods Joint Stock Company ................................................................................................................................................
QVD Food Company Ltd 18 .................................................................................................................................................................
Saigon Mekong Fishery Co., Ltd .........................................................................................................................................................
Southern Fisheries Industries Company Ltd .......................................................................................................................................
Vinh Quang Fisheries Corporation ......................................................................................................................................................
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
Background
On March 5, 2018, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on glycine from
China in the Federal Register. The
period of review covers March 1, 2017,
through February 28, 2018.1 On March
30, 2018, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b), Commerce received a timely
request from GEO Specialty Chemicals,
Inc. (GEO), a domestic producer of
glycine, to conduct an administrative
review of the order with respect to
entries of subject merchandise made by
Kumar Industries, Rudraa International,
Salvi Chemical Industries, Avid
Organics Pvt. Ltd., and Baoding
Mantong Fine Chemistry Co., Ltd.2 On
May 2, 2018, pursuant to this request, in
accordance with section 751(a) of the
Act and 19 CFR 351.221(c)(1)(i), we
initiated a review of those companies.3
On May 30, 2018, GEO filed a timely
withdrawal of its request of review for
each of the five companies.4 No other
party requested an administrative
review of this order.
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 mentioned above
using the assessment rate calculated by
Commerce in the AR8 Remand Results
and listed above.
Dated: July 20, 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.
Cash Deposit Requirements
International Trade Administration
daltland on DSKBBV9HB2PROD with NOTICES
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.
16 This rate is applicable to the Vinh Hoan Group
which includes: Vinh Hoan, Van Duc, and VDTG.
17 Includes the trade name Anvifish Co., Ltd.
18 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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0.13
2.39
1.28
1.28
1.28
1.28
1.28
1.28
1.28
1.28
1.28
1.28
1.28
1.28
[FR Doc. 2018–16338 Filed 7–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–836]
Glycine From the People’s Republic of
China: Rescission of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (China)
for the period March 1, 2017, through
February 28, 2018, based on the timely
withdrawal of the request for review.
DATES: Applicable July 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or John Drury, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3931 or (202) 482–0195,
respectively.
AGENCY:
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 9284
(March 5, 2018).
2 See GEO’s Request for Review, dated March 30,
2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
19215 (May 2, 2018).
4 See Withdrawal of Request for Administrative
Review, dated May 30, 2018.
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]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36876-36878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16338]
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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 Vinh Hoan Corporation et al. v.
United States, Consol. Court No. 13-00156, sustaining the Department of
Commerce's (Commerce) remand results for the eighth 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, 2010, through July 31, 2011. 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 March 21, 2013, Commerce issued its AR8 Final Results.\1\ On May
20, 2013, Commerce issued its AR8 Amended Final Results.\2\ Vinh Hoan
et
[[Page 36877]]
al.\3\ and the petitioners \4\ timely filed complaints with the Court
and challenged certain aspects of the AR8 Amended Final Results. On
February 19, 2015, the Court remanded Commerce's AR8 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 Reviews; 2010-2011, 78 FR 17350 (March 21, 2013)
(AR8 Final Results).
\2\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Amended Final Results of Antidumping Duty Administrative
Review; 2010-2011, 78 FR 29323 (May 20, 2013) (AR8 Amended Final
Results) and accompanying Ministerial Error Memorandum.
\3\ These include Vinh Hoan, the Vietnam Association of Seafood
Exporters and Producers, Binh An Seafood Joint Stock Company (Binh
An), Anvifish and Vinh Quang Fisheries Corporation (Vinh Quang).
\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 Vinh Hoan Corporation et al. v. United States, Court No.
13-00156, Slip Op. 15-16 (CIT February 19, 2015).
---------------------------------------------------------------------------
In the first remand, in accordance with the Court's instructions,
Commerce reconsidered its selection of the surrogate country, and the
selection of certain surrogate values (SVs), i.e., whole live pangasius
fish, surrogate financial statements, various by-products and several
other SVs, as they relate to the selection of the surrogate country.\6\
Additionally, and in accordance with the Court's instructions, Commerce
made changes to Vinh Hoan Corporation's \7\ (Vinh Hoan) margin
calculation, specifically, by adjusting the denominators for Vinh
Hoan's factors of production (FOPs) to exclude water weight, and
adjusting the consignment expense for certain sales. Commerce made
changes to the margin calculations of Vinh Hoan, Anvifish Joint Stock
Company (Anvifish) and the separate rate respondents' margins to
account for a small change in the whole live fish SV. Also, at
Commerce's request, the Court granted Commerce a voluntary remand to
reconsider the calculation of the cap applied to Vinh Hoan's fish oil
by-product offset.
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Vinh Hoan
Corporation et al. v. United States, Consol. Court No. 13-00156, and
Slip Op. 15-16, dated August 3, 2015 (First Remand Results).
\7\ 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).
---------------------------------------------------------------------------
On May 26, 2016, the Court remanded Commerce's First Remand
Results.\8\ In the second remand, in accordance with the Court's
instructions, Commerce reconsidered its selection of the sawdust and
rice husk SVs, provided further explanation concerning the cap to the
fish oil by-product offset, and discussed the use of the absolute value
of by-products in the margin calculation.\9\ The Court upheld our
findings on these issues, except one, the fish oil by-product
offset.\10\
---------------------------------------------------------------------------
\8\ See Vinh Hoan Corporation et al. v. United States, Court No.
13-00156, Slip Op. 16-53 (CIT May 26, 2016).
\9\ See Final Results of Redetermination Pursuant to Vinh Hoan
Corporation et al. v. United States, Consol. Court No. 13-00156,
Slip Op. 16-00053, dated May 26, 2016 (Second Remand Results).
\10\ See Vinh Hoan Corporation et al. v. United States, Consol.
Court No. 13-00156, Slip Op. 17-00081 (July 10, 2017) (Vinh Hoan).
---------------------------------------------------------------------------
On July 10, 2017, the Court remanded Commerce's Second Remand
Results.\11\ In the third remand, in accordance with the Court's
instructions, Commerce provided further explanation with respect to the
calculated fish oil by-product offset and its superiority with respect
to the other fish oil SVs on the record.\12\ On September 22, 2017,
Commerce filed the Third Remand Results with the Court. On May 24,
2018, the Court upheld the Third Remand Results.
---------------------------------------------------------------------------
\11\ See Vinh Hoan Corporation et al. v. United States, Court
No. 13-00156, Slip Op. 17-81 (CIT July 10, 2017).
\12\ See Final Results of Redetermination Pursuant To Court
Remand, Consol. Court No. 13-00156, Slip Op. 15-16 (CIT February 19,
2015), dated September 22, 2017, (Third Remand Results).
---------------------------------------------------------------------------
As a result of the AR8 Remand Results,\13\ there are calculation
changes. After accounting for all such changes and issues in the AR8
Remand Results, the resulting antidumping margin for Vinh Hoan is $0.13
per kilogram and $2.39 per kilogram for Anvifish. Because Vinh Hoan's
and Anvifish's margins changed, their weighted average also becomes the
margin ($1.28 per kilogram) for those companies not individually
examined but receiving a separate rate. On May 24, 2018, the Court
sustained the AR8 Remand Results.\14\
---------------------------------------------------------------------------
\13\ See First Remand Results, Second Remand Results, and Third
Remand Results (collectively AR8 Remand Results).
\14\ See Vinh Hoan Corporation et a. v. United States, Court No.
13-00156, Slip Op. 18-59 (CIT May 24, 2018).
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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 case 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 AR8 Amended Final Results with respect to the weighted-average
dumping margins for Vinh Hoan, Anvifish and the separate rate
respondents.\15\
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\15\ These include: An Giang Agriculture and Food Import-Export
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; Hiep Thanh Seafood Joint
Stock Company; Hung Vuong Corporation; Nam Viet Corporation; NTSF
Seafoods Joint Stock Company; QVD Food Company Ltd.; Saigon Mekong
Fishery Co., Ltd.; Southern Fisheries Industries Company Ltd.; 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 AR8 Remand constitutes a final decision of the Court
that is not in harmony with Commerce's AR8 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 AR8 Amended Final Results with respect to Vinh Hoan, Anvifish and
the separate rate respondents. The revised weighted-average dumping
margins for these exporters during the period August 1, 2010, through
July 31, 2011, are as follows:
[[Page 36878]]
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(dollars per
kilogram)
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Vinh Hoan Corporation \16\.............................. 0.13
Anvifish Joint Stock Company \17\....................... 2.39
An Giang Agriculture and Food Import-Export Joint Stock 1.28
Company................................................
Asia Commerce Fisheries Joint Stock Company............. 1.28
Binh An Seafood Joint Stock Company..................... 1.28
Cadovimex II Seafood Import-Export and Processing Joint 1.28
Stock Company..........................................
Hiep Thanh Seafood Joint Stock Company.................. 1.28
Hung Vuong Corporation.................................. 1.28
Nam Viet Corporation.................................... 1.28
NTSF Seafoods Joint Stock Company....................... 1.28
QVD Food Company Ltd \18\............................... 1.28
Saigon Mekong Fishery Co., Ltd.......................... 1.28
Southern Fisheries Industries Company Ltd............... 1.28
Vinh Quang Fisheries Corporation........................ 1.28
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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 mentioned above using the
assessment rate calculated by Commerce in the AR8 Remand Results and
listed above.
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\16\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan, Van Duc, and VDTG.
\17\ Includes the trade name Anvifish Co., Ltd.
\18\ 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 20, 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. 2018-16338 Filed 7-30-18; 8:45 am]
BILLING CODE 3510-DS-P
