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]

Download as PDF 20990 Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices FACAPublicViewCommitteeDetails?id= a10t0000001gzllAAA, click the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission’s website, www.usccr.gov, or to contact the Eastern Regional Office at the above phone numbers, email or street address. 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 VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 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. E:\FR\FM\15APN1.SGM 15APN1 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] jbell on DSKJLSW7X2PROD with NOTICES 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] BILLING CODE 4000–01–P E:\FR\FM\15APN1.SGM 15APN1

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]


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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 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