Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review, 20990-20991 [2020-07934]
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
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DEPARTMENT OF COMMERCE
Agenda
AGENCY:
Dated: April 9, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–07906 Filed 4–14–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–77–2019]
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone (FTZ) 65—Panama
City, Florida; Authorization of
Production Activity; Oceaneering
International, Inc., (Sub-Sea
Distribution Parts and Systems),
Panama City, Florida
On December 11, 2019, Oceaneering
International, Inc., submitted a
notification of proposed production
activity to the FTZ Board for its facility
within FTZ 65, in Panama City, Florida.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (84 FR 70932,
December 26, 2019). On April 9, 2020,
the applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
BILLING CODE 3510–DS–P
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Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Notice
of Court Decision not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Antidumping Duty Administrative
Review
On March 12, 2020, the
United States Court of International
Trade (CIT) issued a final judgment in
Can Tho Import-Export Joint Stock Co.
v. United States, Consol. Court No. 16–
00071 (Can Tho II), sustaining the
Department of Commerce’s
(Commerce’s) remand results for the
11th administrative review of the
antidumping duty (AD) order on certain
frozen fish fillets (fish fillets) from the
Socialist Republic of Vietnam
(Vietnam), covering the period of review
(POR) August 1, 2013 through July 31,
2014. Commerce is notifying the public
that the CIT’s final judgment is not in
harmony with the final results of the
administrative review, and that
Commerce is amending the final results
with respect to a certain exporter.
SUMMARY:
I. Roll Call
II. Statement of Concern
III. Other Business
IV. Open Comment
V. Adjournment
[FR Doc. 2020–07938 Filed 4–14–20; 8:45 am]
[A–552–801]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
Thursday, April 16, 2020; 2:00 p.m.
(EDT)
Dated: April 9, 2020.
Andrew McGilvray,
Executive Secretary.
International Trade Administration
DATES:
Applicable March 22, 2020.
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
During the 10th administrative review
of the AD order on fish fillets from
Vietnam, Commerce denied Can Tho
Import-Export Joint Stock Company
(Caseamex) separate-rate status. On
appeal, the CIT affirmed this
determination in An Giang Fisheries.1 In
the 11th administrative review,
Caseamex submitted a separate rate
application which stated that the
company had no material changes in
company structure, shareholdings, or
1 See An Giang Fisheries Import and Export Joint
Stock Company et al. v. United States, Court No.
15–00044, Slip Op. 18–4 (CIT 2018) (An Giang
Fisheries).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
operations.2 As a result, we continued
to deny Caseamex separate-rate status.3
Caseamex challenged the final results,
asserting that it should be given a
separate rate because Commerce’s
decision to deny it a separate rate relied
on a memorandum from the prior
administrative review. On October 15,
2018, the CIT remanded the Final
Results and ordered Commerce to
reconsider the separate rate issue.4
On April 1, 2019, Commerce issued
the First Remand Results.5 Commerce
explained that it considers Vietnam to
be a non-market economy (NME)
country under section 771(18) of the
Tariff Act of 1930, as amended (Act). In
AD proceedings involving NME
countries, such as Vietnam, the
rebuttable presumption is that the
export activities of all firms within the
country are subject to government
control and influence.6 On remand,
Commerce considered all of the record
evidence, including Caseamex’s 2012
Articles of Association, and found that
the totality of the evidence continued to
demonstrate the government of Vietnam
had the potential to take an active role
as the second largest shareholder of the
company.7
On October 17, 2019, the CIT issued
the Second Remand Order, which
considered Caseamex’s continued
challenge that it should be given
separate rate status.8 The CIT held that
Commerce’s remand redetermination
was not supported by substantial
evidence. The CIT found that
Caseamex’s 2012 Articles of Association
rebutted the presumption of government
control.9 The CIT ordered that
2 See Caseamex’s Letter, ‘‘Can Tho Import-Export
Seafood Joint Stock Company (CASEAMEX)
Separate Rate Application: Antidumping
Administrative Review of Certain Frozen Fish
Fillets from The Socialist Republic of Vietnam:
Review Period—8/1/2013–7/31/2014,’’ dated
December 1, 2014.
3 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2013–2014, 81 FR 17435 (March 29, 2016)
(AR11 Final Results), and accompanying Issues and
Decision Memorandum (IDM) at Comment VI.
4 See Can Tho Import-Export Joint Stock
Company v. United States, Court No. 16–00071,
Slip Op. 16–71 (October 15, 2018) (First Remand
Order).
5 See Final Results of Redetermination Pursuant
to Can Tho Import-Export Joint Stock Company v.
United States, Court No. 16–00071 (October 15,
2018) (First Remand Results).
6 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 20197 (April 15, 2015), and
accompanying IDM.
7 See First Remand Results.
8 See Can Tho Import-Export Joint Stock
Company v. United States, Court No. 16–00071,
Slip Op. 19–129 (October 17, 2019) (Second
Remand Order).
9 Id. at 8–12.
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
Commerce’s determination not to grant
Caseamex a separate rate be remanded
for further consideration consistent with
its opinion.10 In the Second Remand
Results,11 under respectful protest,
Commerce determined that Caseamex
was entitled to a separate rate because
no further evidence existed beyond the
evidence that Commerce had reviewed
in the First Remand Results. On March
12, 2020, the CIT issued a final
judgment in Can Tho II sustaining the
Second Remand Results.
Amended Final Results
DEPARTMENT OF EDUCATION
Extension of the Application Deadline
Date; Applications for New Awards;
Personnel Development To Improve
Services and Results for Children With
Disabilities—Leadership Development
Programs: Increasing the Capacity of
Leaders To Improve Systems Serving
Children With Disabilities
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice.
AGENCY:
On February 13, 2020, we
published in the Federal Register a
notice inviting applications (NIA) for
the fiscal year (FY) 2020 Personnel
Development to Improve Services and
Results for Children with Disabilities—
Leadership Development Programs:
Increasing the Capacity of Leaders to
WeightedImprove Systems Serving Children with
average
Disabilities competition, Catalog of
dumping
Exporter
margin
Federal Domestic Assistance (CFDA)
(dollars per number 84.325L. The NIA established a
kilogram)
deadline date of April 13, 2020, for the
transmittal of applications. This notice
Can Tho Import-Export Joint
Stock Company (Caseamex) ..
0.69 extends the deadline date for transmittal
of applications until May 13, 2020, and
extends the date of intergovernmental
Assessment Instructions
review until July 12, 2020.
Commerce will instruct U.S. Customs DATES:
and Border Protection to assess
Deadline for Transmittal of
Applications: May 13, 2020.
antidumping duties on unliquidated
Deadline for Intergovernmental
entries of subject merchandise exported
by Caseamex using the assessment rates Review: July 12, 2020.
listed above.
FOR FURTHER INFORMATION CONTACT:
Sarah Allen, U.S. Department of
Cash Deposit Requirements
Education, 400 Maryland Avenue SW,
Room 5160, Potomac Center Plaza,
The cash deposit rate for Caseamex
Washington, DC 20202–5076.
has been superseded by cash deposit
Telephone: (202) 245–7875. Email:
rates calculated in intervening
Sarah.Allen@ed.gov.
administrative reviews of the
If you use a telecommunications
antidumping duty order on fish fillets
device for the deaf (TDD) or a text
from Vietnam. Thus, we will not alter
telephone (TTY), call the Federal Relay
its cash deposit rate.
Service (FRS), toll free, at 1–800–877–
8339.
Notification to Interested Parties
Because there is now a final court
decision, Commerce is amending the
AR11 Final Results with respect to
Caseamex. The separate rate assigned to
Caseamex during the period August 1,
2013 through July 31, 2014 is as follows:
SUMMARY:
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
SUPPLEMENTARY INFORMATION:
Dated: April 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–07934 Filed 4–14–20; 8:45 am]
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BILLING CODE 3510–DS–P
10 Id.
at 12.
Final Results of Redetermination Pursuant
to Can Tho Import-Export Joint Stock Company, v.
United States, Consol. Court No. 16–00071
(December 16, 2019) (Second Remand Results).
11 See
VerDate Sep<11>2014
18:22 Apr 14, 2020
Jkt 250001
On
February 13, 2020, we published the
NIA for the FY 2020 Personnel
Development to Improve Services and
Results for Children with Disabilities—
Leadership Development Programs:
Increasing the Capacity of Leaders to
Improve Systems Serving Children with
Disabilities competition in the Federal
Register (85 FR 8255). We are extending
the deadline date for transmittal of
applications in order to allow applicants
more time to prepare and submit their
applications. Applicants that have
already timely submitted applications
under the FY 2020 Personnel
Development to Improve Services and
PO 00000
Frm 00018
Fmt 4703
Sfmt 9990
20991
Results for Children with Disabilities—
Leadership Development Programs:
Increasing the Capacity of Leaders to
Improve Systems Serving Children with
Disabilities competition may resubmit
applications, but are not required to do
so. If a new application is not
submitted, the Department will use the
application that was submitted by the
original deadline. If a new application is
submitted, the Department will consider
the application that is last submitted
and timely received.
Note: All information in the NIA for
this competition remains the same,
except for the deadline for the
transmittal of applications and the
deadline for intergovernmental review.
Program Authority: 20 U.S.C. 1462
and 1481.
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Mark Schultz,
Commissioner, Rehabilitation Services
Administration. Delegated the authority to
perform the functions and duties of the
Assistant Secretary for the Office of Special
Education and Rehabilitative Services.
[FR Doc. 2020–07944 Filed 4–13–20; 8:45 am]
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]]>Agencies
[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 20990-20991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07934]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Notice of Court Decision 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 March 12, 2020, the United States Court of International
Trade (CIT) issued a final judgment in Can Tho Import-Export Joint
Stock Co. v. United States, Consol. Court No. 16-00071 (Can Tho II),
sustaining the Department of Commerce's (Commerce's) remand results for
the 11th administrative review of the antidumping duty (AD) order on
certain frozen fish fillets (fish fillets) from the Socialist Republic
of Vietnam (Vietnam), covering the period of review (POR) August 1,
2013 through July 31, 2014. Commerce is notifying the public that the
CIT's final judgment is not in harmony with the final results of the
administrative review, and that Commerce is amending the final results
with respect to a certain exporter.
DATES: Applicable March 22, 2020.
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
During the 10th administrative review of the AD order on fish
fillets from Vietnam, Commerce denied Can Tho Import-Export Joint Stock
Company (Caseamex) separate-rate status. On appeal, the CIT affirmed
this determination in An Giang Fisheries.\1\ In the 11th administrative
review, Caseamex submitted a separate rate application which stated
that the company had no material changes in company structure,
shareholdings, or operations.\2\ As a result, we continued to deny
Caseamex separate-rate status.\3\
---------------------------------------------------------------------------
\1\ See An Giang Fisheries Import and Export Joint Stock Company
et al. v. United States, Court No. 15-00044, Slip Op. 18-4 (CIT
2018) (An Giang Fisheries).
\2\ See Caseamex's Letter, ``Can Tho Import-Export Seafood Joint
Stock Company (CASEAMEX) Separate Rate Application: Antidumping
Administrative Review of Certain Frozen Fish Fillets from The
Socialist Republic of Vietnam: Review Period--8/1/2013-7/31/2014,''
dated December 1, 2014.
\3\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results and Partial Rescission of Antidumping Duty
Administrative Review; 2013-2014, 81 FR 17435 (March 29, 2016) (AR11
Final Results), and accompanying Issues and Decision Memorandum
(IDM) at Comment VI.
---------------------------------------------------------------------------
Caseamex challenged the final results, asserting that it should be
given a separate rate because Commerce's decision to deny it a separate
rate relied on a memorandum from the prior administrative review. On
October 15, 2018, the CIT remanded the Final Results and ordered
Commerce to reconsider the separate rate issue.\4\
---------------------------------------------------------------------------
\4\ See Can Tho Import-Export Joint Stock Company v. United
States, Court No. 16-00071, Slip Op. 16-71 (October 15, 2018) (First
Remand Order).
---------------------------------------------------------------------------
On April 1, 2019, Commerce issued the First Remand Results.\5\
Commerce explained that it considers Vietnam to be a non-market economy
(NME) country under section 771(18) of the Tariff Act of 1930, as
amended (Act). In AD proceedings involving NME countries, such as
Vietnam, the rebuttable presumption is that the export activities of
all firms within the country are subject to government control and
influence.\6\ On remand, Commerce considered all of the record
evidence, including Caseamex's 2012 Articles of Association, and found
that the totality of the evidence continued to demonstrate the
government of Vietnam had the potential to take an active role as the
second largest shareholder of the company.\7\
---------------------------------------------------------------------------
\5\ See Final Results of Redetermination Pursuant to Can Tho
Import-Export Joint Stock Company v. United States, Court No. 16-
00071 (October 15, 2018) (First Remand Results).
\6\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 20197 (April 15, 2015), and
accompanying IDM.
\7\ See First Remand Results.
---------------------------------------------------------------------------
On October 17, 2019, the CIT issued the Second Remand Order, which
considered Caseamex's continued challenge that it should be given
separate rate status.\8\ The CIT held that Commerce's remand
redetermination was not supported by substantial evidence. The CIT
found that Caseamex's 2012 Articles of Association rebutted the
presumption of government control.\9\ The CIT ordered that
[[Page 20991]]
Commerce's determination not to grant Caseamex a separate rate be
remanded for further consideration consistent with its opinion.\10\ In
the Second Remand Results,\11\ under respectful protest, Commerce
determined that Caseamex was entitled to a separate rate because no
further evidence existed beyond the evidence that Commerce had reviewed
in the First Remand Results. On March 12, 2020, the CIT issued a final
judgment in Can Tho II sustaining the Second Remand Results.
---------------------------------------------------------------------------
\8\ See Can Tho Import-Export Joint Stock Company v. United
States, Court No. 16-00071, Slip Op. 19-129 (October 17, 2019)
(Second Remand Order).
\9\ Id. at 8-12.
\10\ Id. at 12.
\11\ See Final Results of Redetermination Pursuant to Can Tho
Import-Export Joint Stock Company, v. United States, Consol. Court
No. 16-00071 (December 16, 2019) (Second Remand Results).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, Commerce is amending
the AR11 Final Results with respect to Caseamex. The separate rate
assigned to Caseamex during the period August 1, 2013 through July 31,
2014 is as follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margin
(dollars
per
kilogram)
------------------------------------------------------------------------
Can Tho Import-Export Joint Stock Company (Caseamex)........ 0.69
------------------------------------------------------------------------
Assessment Instructions
Commerce will instruct U.S. Customs and Border Protection to assess
antidumping duties on unliquidated entries of subject merchandise
exported by Caseamex using the assessment rates listed above.
Cash Deposit Requirements
The cash deposit rate for Caseamex has been superseded by cash
deposit rates calculated in intervening administrative reviews of the
antidumping duty order on fish fillets from Vietnam. Thus, we will not
alter its cash deposit rate.
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: April 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-07934 Filed 4-14-20; 8:45 am]
BILLING CODE 3510-DS-P
