Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Continuation of Antidumping Duty Order, 77169-77170 [2020-26503]

Download as PDF Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Parties are reminded that briefs and hearing requests are to be filed electronically using ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. khammond on DSKJM1Z7X2PROD with NOTICES4 Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 Dated: November 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. A twist tie in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. However, it is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19 (.0410″ diameter) and 31 (.0132″) (American Standard Wire Gauge). A twist tie usually has a width between .075″ and 1″ in the crossmachine direction (width of the tie— measurement perpendicular with the wire); a thickness between .015″ and .045″ over the wire; and a thickness between .002″ and .020″ in areas without wire. The scope includes an all-plastic twist tie containing a plastic core as well as a plastic covering (the wing) over the core, just like paper and/or plastic in a metal tie. An all-plastic twist tie (without metal wire) would be of the same measurements as a twist tie containing one or more metal wires. Twist ties are commonly available individually in pre-cut lengths (‘‘singles’’), wound in large spools to be cut later by machine or hand, or in perforated sheets of spooled or single twist ties that are later slit by machine or by hand (‘‘gangs’’). The covering material of a twist tie may be paper (metallic or plain), or plastic, and can be dyed in a variety of colors with or without printing. A twist tie may have the same covering material on both sides or one side of paper and one side of plastic. When comprised of two sides of paper, the paper material is bound together with an adhesive or plastic. A twist tie may also have a tag or label attached to it or a pre-applied adhesive attached to it. Excluded from the scope of the order are twist ties packaged with bags for sale together where the quantity of twist ties does not exceed twice the number of bags in each package. Also excluded are twists ties that constitute part of the packaging of the imported product, for example, merchandise anchored/secured to a backing with twist ties in the retail package or a bag of bread that is closed with a twist tie. Twist ties are imported into the United States under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8309.90.0000 and 5609.00.3000. Subject merchandise may also enter under HTSUS subheadings 3920.51.5000, 3923.90.0080, 3926.90.9990, 4811.59.6000, 4821.10.2000, 4821.10.4000, 4821.90.2000, 4821.90.4000, and 4823.90.8600. These HTSUS subheadings are provided for reference only. The written description of the scope of the investigation is dispositive. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 77169 Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Recommendation [FR Doc. 2020–26452 Filed 11–30–20; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable December 1, 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: AGENCY: Background On August 12, 2003, Commerce published the AD order on fish fillets from Vietnam.1 On October 1, 2019, Commerce published the Notice of Initiation of the five-year review of the AD order on fish fillets from Vietnam, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 52067 (October 1, 2019) (Notice of Initiation). E:\FR\FM\01DEN1.SGM 01DEN1 77170 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices conducted this sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and adequate response from domestic interested parties,3 but no substantive response from respondent interested parties. As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping. Commerce also notified the ITC of the magnitude of the dumping margins likely to prevail should the Order be revoked.4 On November 24, 2020, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 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. Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (‘‘regular’’ fillets), boneless fillets with the belly flap removed (‘‘shank’’ fillets) and boneless shank fillets cut into strips (‘‘fillet strips/finger’’), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen bellyflap nuggets. Frozen whole, dressed fish are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-section cuts of dressed fish. Nuggets are the belly-flaps. The subject merchandise will be hereinafter referred to as frozen ‘‘basa’’ and ‘‘tra’’ fillets, which are the khammond on DSKJM1Z7X2PROD with NOTICES4 3 The domestic interested parties are the Catfish Farmers of America and individual U.S. catfish processors: America’s Catch, Inc.; Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc.; Consolidated Catfish Companies, LLC d/b/a Country Select Catfish; Delta Pride Catfish, Inc.; Guidry’s Catfish, Inc.; Heartland Catfish Company; Magnolia Processing, Inc. d/b/a Pride of the Pond; and Simmons Farm Raised Catfish, Inc. 4 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 85 FR 6500 (February 5, 2020). 5 See Certain Frozen Fish Fillets from Vietnam, 85 FR 75034 (November 24, 2020); see also Certain Frozen Fish Fillets from Vietnam, Inv. No. 731–TA– 1012 (Third Review), USITC Pub. 5135, dated November 2020. VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (HTSUS). The Order covers all frozen fish fillets meeting the above specifications, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order on fish fillets from Vietnam. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: November 24, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–26503 Filed 11–30–20; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Conference on Weights and Measures Annual and Interim Meeting National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The combined 105th Annual and 2021 Interim Meeting of the National Conference on Weights and Measures (NCWM) will be held using a virtual meeting platform and in-person at the Sirata Beach Hotel & Conference Center, St. Pete Beach, Florida, from Sunday, January 10, 2021, through Friday, January 15, 2021. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered. DATES: The 105th Annual Meeting will be held from Sunday, January 10, 2021, through Tuesday, January 12, 2021. The 2021 Interim Meeting will follow on Wednesday, January 13, 2021 through Friday, January 15, 2021. The meeting schedule will be available on the NCWM website at www.ncwm.com. ADDRESSES: This meeting will be held using a virtual meeting platform and inperson at the Sirata Beach Hotel & Conference Center, St. Pete Beach, Florida. SUMMARY: Dr. Douglas Olson, NIST, Office of Weights and Measures, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899–2600. You may also contact Dr. Olson at (301) 975–2956 or by email at douglas.olson@ nist.gov. The meeting is open to the public, but a paid registration is required. Please see the NCWM website (www.ncwm.net) to view the meeting agendas, registration forms, and hotel reservation information. SUPPLEMENTARY INFORMATION: Publication of this notice on the NCWM’s behalf is undertaken as a public service and does not itself constitute an endorsement by the National Institute of Standards and Technology (NIST) of the content of the notice. NIST participates in the NCWM as an NCWM member and pursuant to 15 U.S.C. 272(b)(10) and (c)(4) and in accordance with Federal policy (e.g., OMB Circular A–119 ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards’’). The NCWM is an organization of weights and measures officials of the FOR FURTHER INFORMATION CONTACT: E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77169-77170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26503]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on certain frozen fish 
fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the AD order.

DATES: Applicable December 1, 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

    On August 12, 2003, Commerce published the AD order on fish fillets 
from Vietnam.\1\
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    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (Order).
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     On October 1, 2019, Commerce published the Notice of Initiation of 
the five-year review of the AD order on fish fillets from Vietnam, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Commerce

[[Page 77170]]

conducted this sunset review on an expedited basis, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it 
received a complete, timely, and adequate response from domestic 
interested parties,\3\ but no substantive response from respondent 
interested parties. As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping. Commerce also notified the ITC of the magnitude of the 
dumping margins likely to prevail should the Order be revoked.\4\ On 
November 24, 2020, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 52067 
(October 1, 2019) (Notice of Initiation).
    \3\ The domestic interested parties are the Catfish Farmers of 
America and individual U.S. catfish processors: America's Catch, 
Inc.; Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc.; 
Consolidated Catfish Companies, LLC d/b/a Country Select Catfish; 
Delta Pride Catfish, Inc.; Guidry's Catfish, Inc.; Heartland Catfish 
Company; Magnolia Processing, Inc. d/b/a Pride of the Pond; and 
Simmons Farm Raised Catfish, Inc.
    \4\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of the Expedited Third Sunset Review of 
the Antidumping Duty Order, 85 FR 6500 (February 5, 2020).
    \5\ See Certain Frozen Fish Fillets from Vietnam, 85 FR 75034 
(November 24, 2020); see also Certain Frozen Fish Fillets from 
Vietnam, Inv. No. 731-TA-1012 (Third Review), USITC Pub. 5135, dated 
November 2020.
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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.
    Frozen fish fillets are lengthwise cuts of whole fish. The fillet 
products covered by the scope include boneless fillets with the belly 
flap intact (``regular'' fillets), boneless fillets with the belly flap 
removed (``shank'' fillets) and boneless shank fillets cut into strips 
(``fillet strips/finger''), which include fillets cut into strips, 
chunks, blocks, skewers, or any other shape.
    Specifically excluded from the scope are frozen whole fish (whether 
or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen 
whole, dressed fish are deheaded, skinned, and eviscerated. Steaks are 
bone-in, cross-section cuts of dressed fish. Nuggets are the belly-
flaps.
    The subject merchandise will be hereinafter referred to as frozen 
``basa'' and ``tra'' fillets, which are the Vietnamese common names for 
these species of fish. These products are classifiable under tariff 
article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 
1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 
1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 
(Frozen Fish Fillets of the species Pangasius including basa and tra) 
of the Harmonized Tariff Schedule of the United States (HTSUS).
    The Order covers all frozen fish fillets meeting the above 
specifications, regardless of tariff classification. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the Order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order on fish fillets 
from Vietnam.
    U.S. Customs and Border Protection will continue to collect AD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of the 
Order will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), Commerce intends to initiate the next sunset review 
of the Order not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: November 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-26503 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P

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