Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results, and Final Results of No Shipments of the Antidumping Duty Administrative Review; 2016-2017, 18007-18009 [2019-08576]
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Notices
11, 2019 through March 20, 2019.
Between March 13, 2019, and April 9,
2019, interested parties submitted case
and rebuttal briefs.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results, and Final Results of No
Shipments of the Antidumping Duty
Administrative Review; 2016–2017
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, 2016, through July 31, 2017.
DATES: Applicable April 29, 2019.
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:
khammond on DSKBBV9HB2PROD with NOTICES
Background
Commerce published the Preliminary
Results on September 13, 2018.1 On
January 28, 2019, Commerce tolled the
deadlines in this case and the final
results by 40 days.2 On February 14,
2019, Commerce extended the deadline
for the final results to April 19, 2019.3
Commerce conducted verification of the
Hung Vuong Group 4 (HVG) from March
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of the
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments and
Partial Rescission of the Antidumping Duty
Administrative Review; 2016–2017, 83 FR 46479
(September 13, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Extension of
Deadline for Final Results of 2016–2017
Antidumping Duty Administrative Review, dated
February 14, 2019.
4 The Hung Vuong Group, or ‘‘HVG,’’ includes:
An Giang Fisheries Import & Export Joint Stock
Company (Agifish), 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. See Certain
Frozen Fish Fillets from the Socialist Republic of
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Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article code 0304.62.0020 (Frozen Fish
Fillets of the species Pangasius,
including basa and tra), and may enter
under tariff article codes 0305.59.0000,
1604.19.2100, 1604.19.3100,
1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100 of the
Harmonized Tariff Schedule of the
United States (HTSUS).5 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.6
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
Vietnam: Final Results of the Antidumping Duty
Administrative Review and New Shipper Review;
2011–2012, 79 FR 19053 (April 7, 2014) and
accompanying Issues and Decision Memorandum
(IDM) at 3.
5 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.
6 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; 2016–2017 (Issues and Decision
Memorandum) at 2–3, dated concurrently with and
hereby adopted by this notice.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
18007
(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 to apply facts
available with an adverse inference in
determining the rate for HVG.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that
Cadovimex II Seafood Import Export
and Processing Joint Stock Company
(Cadovimex II), Cantho Import-Export
Seafood Joint Stock Company
(CASEAMEX), and Godaco Seafood
Joint Stock Company (GODACO)
(collectively, No Shipment Companies),
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 abovenamed 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.
Vietnam-Wide Entity
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 in this POR.8 As Golden
Quality is part of the Vietnam-wide
entity, it will receive the Vietnam-wide
entity’s antidumping duty margin of
$2.39 per-kilogram (kg).
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
8 See Issues and Decision Memorandum at
Comment 9.
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Notices
Final Results of the Review
The weighted-average dumping
margins for the final results of this
administrative review are as follows:
Weightedaverage margin ($/kg) 9
Exporter
Hung Vuong Group ..............................................................................................................................................................................
NTSF Seafoods Joint Stock Company ................................................................................................................................................
C.P. Vietnam Corporation* ..................................................................................................................................................................
Cuu Long Fish Joint Stock Company* ................................................................................................................................................
Green Farms Seafood Joint Stock Company* ....................................................................................................................................
Vinh Quang Fisheries Corporation* .....................................................................................................................................................
3.87
1.37
1.37
1.37
1.37
1.37
khammond on DSKBBV9HB2PROD with NOTICES
* These companies are separate rate respondents not individually examined.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (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 9review.
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-kg)
rates by the weight in kg 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
9 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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16:56 Apr 26, 2019
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numbers (i.e., at each exporter’s rate)
will be liquidated at the Vietnam-wide
rate.10
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 0.50
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-kg; 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
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Results, and accompanying PDM at 4–5.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
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.
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.
Notification to Interested Parties
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: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Case Issues
III. Background
IV. Scope of the Order
V. Application of Adverse Facts
Available
VI. Separate Rates
VII. Discussion of the Issues
Comment 1: Assignment of AFA Rate
to HVG
Comment 2: Whether to Apply AFA
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29APN1
Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Notices
to NTSF
Comment 3: NTSF’s Plastic Bags
Packing Factor
Comment 4: Fingerling Surrogate
Value Conversion Factor
Comment 5: Fingerling Inflator
Comment 6: Surrogate Financial
Ratios
Comment 7: Rate To Apply to
Companies Not Selected for
Individual Review
Comment 8: Green Farms’ Separate
Rate Certification
Comment 9: Golden Quality’s
Separate Rate Status
Comment 10: Surrogate Values to
Value HVG’s FOPs
Comment 11: Treatment of Fish Oil
and Fish Meal
VIII. Recommendation
FOR FURTHER INFORMATION CONTACT:
Send an email to the help desk at
WRRDA7001Proposal@usace.army.mil
or call Lisa Kiefel, Planning and Policy
Division, Headquarters, USACE,
Washington, DC at 202–761–0626.
Section
7001 of WRRDA 2014 (33 U.S.C. 2282d),
as amended, requires the publication of
a notice in the Federal Register to
request proposals by non-Federal
interests for feasibility studies,
modifications to authorized USACE
water resources development projects or
feasibility studies, and modifications to
environmental infrastructure program
authorities. Project feasibility reports
that have successfully completed
Executive Branch review, but have not
been authorized will be included in the
Annual Report table by the Secretary of
the Army and these proposals do not
need to be submitted in response to this
notice.
Proposals by non-Federal interests
must be entered online and require the
following information:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–08576 Filed 4–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Proposals by Non-Federal Interests,
for Feasibility Studies and for
Modifications to an Authorized Water
Resources Development Project or
Feasibility Study, for Inclusion in the
Annual Report to Congress on Future
Water Resources Development
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Notice.
Section 7001 of Water
Resources Reform and Development Act
(WRRDA) 2014, as amended, requires
that the Secretary of the Army annually
submit to the Congress a report (Annual
Report) that identifies feasibility reports,
proposed feasibility studies submitted
by non-Federal interests, proposed
modifications to authorized water
resources development projects or
feasibility studies, and proposed
modifications to environmental
infrastructure program authorities that
meet certain criteria. The Annual Report
is to be based, in part, upon requests for
proposals submitted by non-Federal
interests.
SUMMARY:
Proposals must be submitted
online by August 27, 2019.
ADDRESSES: Submit proposals online at:
https://www.usace.army.mil/Missions/
CivilWorks/ProjectPlanning/
WRRDA7001Proposals.aspx. If a
different method of submission is
required, use the further information
below to arrange an alternative
submission process.
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DATES:
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17:47 Apr 26, 2019
Jkt 247001
1. The name of the non-Federal sponsor, or
all non-Federal interests in the case of a
modification to an environmental
infrastructure program authority, including
any non-Federal interest that has contributed
to or is expected to contribute toward the
non-Federal share of the proposed feasibility
study or modification.
2. State if this proposal is for a feasibility
study, a modification to an authorized
USACE water resources development project,
a modification to an authorized USACE water
resources feasibility study, or a modification
to a USACE environmental infrastructure
program authority. If a modification, specify
the authorized water resources development
project, study, or environmental
infrastructure program authority that is
proposed for modification.
3. State the specific project purpose(s) of
the proposed study or modification.
4. Provide an estimate, to the extent
practicable, of the total cost, and the Federal
and non-Federal share of those costs, of the
proposed study and, separately, an estimate
of the cost of construction or modification.
5. Describe, to the extent applicable and
practicable, an estimate of the anticipated
monetary and non-monetary benefits of the
proposal with regard to benefits to the
protection of human life and property;
improvement to transportation; the national
economy; the environment; or the national
security interests of the United States.
6. Proposals for modifications to
environmental infrastructure program
authorities must also include a description of
assistance provided to date and the total
Federal cost of assistance provided to date.
7. State if the non-Federal interest has the
financial ability to provide the required cost
share, reference ER 1105–2–100.
8. Describe if local support exists for the
proposal.
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18009
9. Upload a letter or statement of support
for the proposal from each associated nonFederal interest.
All provided information may be
included in the Annual Report to
Congress on Future Water Resources
Development. Therefore, information
that is Confidential Business
Information, information that should
not be disclosed because of statutory
restrictions, or other information that a
non-Federal interest would not want to
appear in the Annual Report should not
be included.
Process: Proposals received within the
time frame set forth in this notice will
be reviewed by the Army and will be
presented in one of two tables. The first
table will be in the Annual Report itself,
and the second table will be in an
appendix. To be included in the first
table within the Annual Report table,
the proposals must meet the following
criteria:
1. Are related to the missions and
authorities of the USACE; involve a
proposed or existing USACE water
resources project or effort whose
primary purpose is flood and storm
damage reduction, commercial
navigation, or aquatic ecosystem
restoration. Following long-standing
USACE practice, related proposals such
as for recreation, hydropower, or water
supply, are eligible for inclusion if
undertaken in conjunction with such a
project or effort.
2. Require specific congressional
authorization, including by an Act of
Congress;
Comprise the Following Cases
a. Requires Construction Authorization
• Signed Chief’s Reports;
• Non-Federal feasibility reports
submitted to the Secretary of the Army
under Section 203 of WRDA 1986, as
amended, under Administration review;
• Ongoing feasibility studies that are
expected to result in a Chief’s Report;
and,
• Proposed modifications to
authorized water resources development
projects requested by non-Federal
interests.
b. Seeking Study Authorization
• New feasibility studies proposed by
non-Federal interests through the
Section 7001 of WRRDA 2014 process
will be evaluated by the USACE to
determine whether or not there is
existing study authority, and
• Proposed modifications to studies
requested by non-Federal interests
through the Section 7001 of WRRDA
2014 process will be evaluated by the
USACE to determine whether or not
there is existing study authority.
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]]>Agencies
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18007-18009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08576]
[[Page 18007]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results, and Final Results of No Shipments of the
Antidumping Duty Administrative Review; 2016-2017
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, 2016, through July 31, 2017.
DATES: Applicable April 29, 2019.
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 13,
2018.\1\ On January 28, 2019, Commerce tolled the deadlines in this
case and the final results by 40 days.\2\ On February 14, 2019,
Commerce extended the deadline for the final results to April 19,
2019.\3\ Commerce conducted verification of the Hung Vuong Group \4\
(HVG) from March 11, 2019 through March 20, 2019. Between March 13,
2019, and April 9, 2019, interested parties submitted case and rebuttal
briefs.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of the Antidumping Duty
Administrative Review, Preliminary Determination of No Shipments and
Partial Rescission of the Antidumping Duty Administrative Review;
2016-2017, 83 FR 46479 (September 13, 2018) (Preliminary Results)
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\3\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Extension of Deadline for Final Results of 2016-2017
Antidumping Duty Administrative Review, dated February 14, 2019.
\4\ The Hung Vuong Group, or ``HVG,'' includes: An Giang
Fisheries Import & Export Joint Stock Company (Agifish), 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. See
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Final Results of the Antidumping Duty Administrative Review and New
Shipper Review; 2011-2012, 79 FR 19053 (April 7, 2014) and
accompanying Issues and Decision Memorandum (IDM) at 3.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the order is frozen fish fillets, including
regular, shank, and strip fillets and portions thereof, whether or not
breaded or marinated, of the species Pangasius Bocourti, Pangasius
Hypophthalmus (also known as Pangasius Pangasius) and Pangasius
Micronemus. These products are classifiable under tariff article code
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including
basa and tra), and may enter under tariff article codes 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States
(HTSUS).\5\ Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.\6\
---------------------------------------------------------------------------
\5\ 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.
\6\ 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; 2016-2017
(Issues and Decision Memorandum) at 2-3, 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 to apply facts available with an adverse inference in
determining the rate for HVG.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Cadovimex II Seafood Import Export and Processing Joint Stock Company
(Cadovimex II), Cantho Import-Export Seafood Joint Stock Company
(CASEAMEX), and Godaco Seafood Joint Stock Company (GODACO)
(collectively, No Shipment Companies), 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.
---------------------------------------------------------------------------
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------
Vietnam-Wide Entity
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 in this POR.\8\ As
Golden Quality is part of the Vietnam-wide entity, it will receive the
Vietnam-wide entity's antidumping duty margin of $2.39 per-kilogram
(kg).
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\8\ See Issues and Decision Memorandum at Comment 9.
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[[Page 18008]]
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
($/kg) \9\
------------------------------------------------------------------------
Hung Vuong Group........................................ 3.87
NTSF Seafoods Joint Stock Company....................... 1.37
C.P. Vietnam Corporation*............................... 1.37
Cuu Long Fish Joint Stock Company*...................... 1.37
Green Farms Seafood Joint Stock Company*................ 1.37
Vinh Quang Fisheries Corporation*....................... 1.37
------------------------------------------------------------------------
* These companies are separate rate respondents not individually
examined.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (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 \9\review.
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\9\ 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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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-kg) rates by the
weight in kg 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.\10\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Results, and accompanying PDM 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 0.50 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-kg; 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.
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.
Notification to Interested Parties
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: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Case Issues
III. Background
IV. Scope of the Order
V. Application of Adverse Facts Available
VI. Separate Rates
VII. Discussion of the Issues
Comment 1: Assignment of AFA Rate to HVG
Comment 2: Whether to Apply AFA
[[Page 18009]]
to NTSF
Comment 3: NTSF's Plastic Bags Packing Factor
Comment 4: Fingerling Surrogate Value Conversion Factor
Comment 5: Fingerling Inflator
Comment 6: Surrogate Financial Ratios
Comment 7: Rate To Apply to Companies Not Selected for Individual
Review
Comment 8: Green Farms' Separate Rate Certification
Comment 9: Golden Quality's Separate Rate Status
Comment 10: Surrogate Values to Value HVG's FOPs
Comment 11: Treatment of Fish Oil and Fish Meal
VIII. Recommendation
[FR Doc. 2019-08576 Filed 4-26-19; 8:45 am]
BILLING CODE 3510-DS-P
