Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 18520-18521 [2023-06468]
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18520
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Notices
available within ninety (90) days of the
meeting on the Council’s website at
https://trade.gov/pac-dbia.
Frederique Stewart,
Director, Office of Africa.
[FR Doc. 2023–06449 Filed 3–28–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Initiation of Antidumping Duty New
Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has determined
that a request for a new shipper review
(NSR) of the antidumping duty order on
certain frozen fish fillets from the
Socialist Republic of Vietnam (Vietnam)
meets the statutory and regulatory
requirements for initiation. The period
of review (POR) for the NSR is August
1, 2022, through January 31, 2023.
DATES: Applicable March 29, 2023.
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:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
Commerce published the
antidumping duty order on certain
frozen fish fillets from Vietnam on
August 12, 2003.1 On February 14, 2023,
pursuant to section 751(a)(2)(B)(i) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.214(c), Commerce
received a timely NSR request from Co
May Import Export Company Limited
(Co May).2
In its submission, Co May certified
that it is the producer and exporter of
the subject merchandise cover by this
NSR request.3 Pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Co May certified that it
did not export certain frozen fish fillets
to the United States during the period
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 Co May’s Letter, ‘‘Request for New Shipper
Review—Co May Import Export Company Limited,’’
dated February 14, 2023 (Co May NSR Request).
3 Id. at Exhibit 1.
VerDate Sep<11>2014
19:20 Mar 28, 2023
Jkt 259001
of investigation (POI).4 Additionally,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Co May certified that, since the
initiation of the underlying
investigation, it has not been affiliated
with any producer or exporter that
exported certain frozen fish fillets to the
United States during the POI, including
those not individually examined during
the investigation.5 Pursuant to 19 CFR
351.214(b)(2)(iii)(B), Co May included a
certification that its export activities are
not controlled by the central
government of Vietnam.6 Pursuant to 19
CFR 351.214(b)(2)(iv), Co May certified
that it would provide necessary
information related to the unaffiliated
customer in the United States during the
NSR.7 Co May also provided a
certification by its unaffiliated customer
of its willingness to participate in the
NSR.8
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(v), Co May submitted
documentation establishing the
following: (1) the date on which the
subject merchandise was first entered,
or withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment and any subsequent
shipments, including whether such
shipments were made in commercial
quantities; and (3) the date of its first
sale and any subsequent sales to an
unaffiliated customer in the United
States.9
Additionally, Co May submitted
documentation establishing the
circumstances surrounding such sale(s),
including: (1) the price of such sale(s);
(2) any expenses arising from such
sale(s); (3) whether the subject
merchandise involved in such sale(s)
was resold in the United States at a
profit; and (4) whether such sale(s) was
(were) made on an arm’s-length basis.10
Co May also submitted documentation
regarding its business activities,
including, where applicable: (1) offers to
sell merchandise in the United States;
(2) an identification of the complete
circumstances surrounding its sale(s) to
the United States, as well as any home
market or third country sales; and (3) an
identification of its relationship to the
first unaffiliated U.S. purchaser.11
4 Id.
5 Id.
6 Id.
7 See Co May’s Letter, ‘‘Co May Import Export
Company Limited—Supplemental Response,’’ dated
March 22, 2023 (Co May March 22, 2023 SQR).
8 See Co May NSR Request at Exhibit 2.
9 Id. at Exhibits 3 and 4.
10 Id. at Exhibits 4 and 5; see also Co May March
22, 2023 SQR.
11 See Co May NSR Request at Exhibits 1 and 6.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Commerce conducted a query of U.S.
Customs and Border Protection (CBP)
data and corroborated the existence of a
suspended/Type 3 entry made by Co
May.12 Section 351.214(b) of
Commerce’s regulations allows
Commerce to accept an NSR request
when a company exported, or sold for
export, subject merchandise to the
United States, and can sufficiently
demonstrate the existence of a bona fide
sale for initiation purposes.13 As Co
May’s submission satisfies these
requirements, we are initiating an NSR.
Period of Review
In accordance with 19 CFR
351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately
following the semi-annual anniversary
month will be the six-month period
immediately preceding the semi-annual
anniversary month. Therefore, the POR
for this NSR is August 1, 2022, through
January 31, 2023.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(b), and based
on the information on the record, we
find that Co May’s NSR Request meets
the threshold requirements for initiation
of an NSR of its shipments of certain
frozen fish fillets to the United States.14
However, if the information supplied by
Co May is later found to be incorrect or
insufficient during the course of this
NSR, Commerce may rescind the review
or apply adverse facts available,
pursuant to section 776 of the Act, as
appropriate. Pursuant to 19 CFR
351.221(c)(1)(i), Commerce will publish
the notice of initiation of an NSR no
later than the last day of the month
following the anniversary or semiannual anniversary month of the order.
Commerce intends to issue the
preliminary results of this review no
later than 180 days from the date of
initiation, and the final results of this
review no later than 90 days after the
date the preliminary results are
issued.15
It is Commerce’s practice in cases
involving non-market economies to
require that a company seeking to
establish eligibility for an antidumping
duty rate separate from the country
wide rate (i.e., separate rate) provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.16
12 See Memorandum, ‘‘CBP Data Query Results,’’
dated concurrently with this notice.
13 See 19 CFR 351.214(b).
14 See generally Co May NSR Request.
15 See section 751(a)(2)(B)(iii) of the Act.
16 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Accordingly, Commerce will issue
questionnaires to Co May requesting,
inter alia, information regarding its
export activities for the purpose of
determining whether it is eligible for a
separate rate. The review of the exporter
will proceed if the response provides
sufficient indication that the exporter is
not subject to either de jure or de facto
government control with respect to its
exports of certain frozen fish fillets.
We intend to conduct this NSR in
accordance with section 751(a)(2)(B) of
the Act.17 Because Co May certified that
it exported subject merchandise, the
sale of which is the basis for its NSR
request, Commerce will instruct CBP to
suspend or continue to suspend
liquidation of all entries of subject
merchandise produced and exported by
Co May. To assist in its analysis of the
bona fide nature of Co May’s sale(s),
upon initiation of this NSR, Commerce
will require Co May to submit, on an
ongoing basis, complete transaction
information concerning any sales of
subject merchandise to the United
States that were made subsequent to the
POR. Further, in accordance with
section 751(a)(2)(B)(iv)(VII) of the Act
and 19 CFR 351.214(k), Co May will be
required to provide information
regarding the following factors for
Commerce’s consideration in
determining whether the sale(s) made
by Co May during the POR are bona
fide: (1) whether the producer, exporter,
or customer was established for
purposes of making the sale(s) in
question after the imposition of the
relevant antidumping duty order; (2)
whether the producer, exporter, or
customer has lines of business unrelated
to the subject merchandise; (3) the
quantity of sales; and (4) any other
factor that Commerce determines to be
relevant with respect to the future
selling behavior of the producer or
exporter, including any other indicia
that the sale was not commercially
viable.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
Practice and Application of Combination Rates in
Antidumping Investigations Involving Non-Market
Economy Countries,’’ dated April 15, 2005,
available at https://access.trade.gov/Resources/
policy/bull05-1.pdf.
17 The Act was amended by the Trade Facilitation
and Trade Enforcement Act of 2015, which
removed from section 751(a)(2)(B) of the Act the
provision directing Commerce to instruct CBP to
allow an importer the option of posting a bond or
security in lieu of a cash deposit during the
pendency of an NSR. This was also codified in
Commerce’s regulations at 19 CFR 351.214(e).
VerDate Sep<11>2014
19:20 Mar 28, 2023
Jkt 259001
This initiation notice is published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: March 23, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–06468 Filed 3–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2020–
2021; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 14, 2023, the U.S.
Department of Commerce (Commerce)
published a notice in the Federal
Register, in which it issued the final
results of the 2020–2021 antidumping
duty administrative review of lightwalled rectangular pipe and tube from
the People’s Republic of China (China).
The notice inadvertently contained an
incorrect rate for the China-wide entity.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
Correction
In the Federal Register of March 14,
2023, in FR Doc. 2023–05208, pages
15671–72 in the third and first columns,
respectively, Commerce included an
incorrect China-wide rate of 264.64
percent. The correct China-wide rate is
255.07 percent.
Background
On March 14, 2023, Commerce
inadvertently published an incorrect
rate in the final results of the 2020–2021
antidumping duty administrative review
of light-walled rectangular pipe and
tube from China.1 In the final results,
Commerce incorrectly listed the Chinawide rate as 264.64 percent, while the
1 See Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2020–
2021, 88 FR 15671 (March 14, 2023).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
18521
correct China-wide rate is 255.07
percent. This notice serves as a
notification of, and correction to, this
inadvertent error. With the issuance of
this notice of correction, we confirm
that the China-wide rate is 255.07
percent.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: March 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–06632 Filed 3–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–042, C–570–043]
Stainless Steel Sheet and Strip From
the People’s Republic of China: Final
Scope Ruling and Final Affirmative
Determination of Circumvention for
Exports From the Socialist Republic of
Vietnam
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain stainless steel sheet and strip
(SSSS) of Chinese-origin that has
undergone further processing in the
Socialist Republic of Vietnam (Vietnam)
is merchandise covered by the scope of
the antidumping duty (AD) and
countervailing duty (CVD) orders on
SSSS from the People’s Republic of
China (China). Additionally, Commerce
determines that SSSS that is completed
in Vietnam using certain non-subject
stainless steel flat-rolled inputs sourced
from China, is circumventing the AD/
CVD orders on SSSS from China. As a
result, SSSS of Chinese-origin that has
undergone further processing or
completion in Vietnam will be subject
to suspension of liquidation effective
May 15, 2020.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse, Office of the Deputy
Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6345.
AGENCY:
E:\FR\FM\29MRN1.SGM
29MRN1
Agencies
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18520-18521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06468]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
a request for a new shipper review (NSR) of the antidumping duty order
on certain frozen fish fillets from the Socialist Republic of Vietnam
(Vietnam) meets the statutory and regulatory requirements for
initiation. The period of review (POR) for the NSR is August 1, 2022,
through January 31, 2023.
DATES: Applicable March 29, 2023.
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 antidumping duty order on certain frozen
fish fillets from Vietnam on August 12, 2003.\1\ On February 14, 2023,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(c), Commerce received a timely
NSR request from Co May Import Export Company Limited (Co May).\2\
---------------------------------------------------------------------------
\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 Co May's Letter, ``Request for New Shipper Review--Co
May Import Export Company Limited,'' dated February 14, 2023 (Co May
NSR Request).
---------------------------------------------------------------------------
In its submission, Co May certified that it is the producer and
exporter of the subject merchandise cover by this NSR request.\3\
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Co May certified that it did not export certain
frozen fish fillets to the United States during the period of
investigation (POI).\4\ Additionally, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Co May
certified that, since the initiation of the underlying investigation,
it has not been affiliated with any producer or exporter that exported
certain frozen fish fillets to the United States during the POI,
including those not individually examined during the investigation.\5\
Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Co May included a
certification that its export activities are not controlled by the
central government of Vietnam.\6\ Pursuant to 19 CFR 351.214(b)(2)(iv),
Co May certified that it would provide necessary information related to
the unaffiliated customer in the United States during the NSR.\7\ Co
May also provided a certification by its unaffiliated customer of its
willingness to participate in the NSR.\8\
---------------------------------------------------------------------------
\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ Id.
\7\ See Co May's Letter, ``Co May Import Export Company
Limited--Supplemental Response,'' dated March 22, 2023 (Co May March
22, 2023 SQR).
\8\ See Co May NSR Request at Exhibit 2.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(v), Co May submitted documentation establishing the
following: (1) the date on which the subject merchandise was first
entered, or withdrawn from warehouse, for consumption; (2) the volume
of its first shipment and any subsequent shipments, including whether
such shipments were made in commercial quantities; and (3) the date of
its first sale and any subsequent sales to an unaffiliated customer in
the United States.\9\
---------------------------------------------------------------------------
\9\ Id. at Exhibits 3 and 4.
---------------------------------------------------------------------------
Additionally, Co May submitted documentation establishing the
circumstances surrounding such sale(s), including: (1) the price of
such sale(s); (2) any expenses arising from such sale(s); (3) whether
the subject merchandise involved in such sale(s) was resold in the
United States at a profit; and (4) whether such sale(s) was (were) made
on an arm's-length basis.\10\ Co May also submitted documentation
regarding its business activities, including, where applicable: (1)
offers to sell merchandise in the United States; (2) an identification
of the complete circumstances surrounding its sale(s) to the United
States, as well as any home market or third country sales; and (3) an
identification of its relationship to the first unaffiliated U.S.
purchaser.\11\
---------------------------------------------------------------------------
\10\ Id. at Exhibits 4 and 5; see also Co May March 22, 2023
SQR.
\11\ See Co May NSR Request at Exhibits 1 and 6.
---------------------------------------------------------------------------
Commerce conducted a query of U.S. Customs and Border Protection
(CBP) data and corroborated the existence of a suspended/Type 3 entry
made by Co May.\12\ Section 351.214(b) of Commerce's regulations allows
Commerce to accept an NSR request when a company exported, or sold for
export, subject merchandise to the United States, and can sufficiently
demonstrate the existence of a bona fide sale for initiation
purposes.\13\ As Co May's submission satisfies these requirements, we
are initiating an NSR.
---------------------------------------------------------------------------
\12\ See Memorandum, ``CBP Data Query Results,'' dated
concurrently with this notice.
\13\ See 19 CFR 351.214(b).
---------------------------------------------------------------------------
Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately following the semi-annual
anniversary month will be the six-month period immediately preceding
the semi-annual anniversary month. Therefore, the POR for this NSR is
August 1, 2022, through January 31, 2023.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, we find that Co May's NSR
Request meets the threshold requirements for initiation of an NSR of
its shipments of certain frozen fish fillets to the United States.\14\
However, if the information supplied by Co May is later found to be
incorrect or insufficient during the course of this NSR, Commerce may
rescind the review or apply adverse facts available, pursuant to
section 776 of the Act, as appropriate. Pursuant to 19 CFR
351.221(c)(1)(i), Commerce will publish the notice of initiation of an
NSR no later than the last day of the month following the anniversary
or semi-annual anniversary month of the order. Commerce intends to
issue the preliminary results of this review no later than 180 days
from the date of initiation, and the final results of this review no
later than 90 days after the date the preliminary results are
issued.\15\
---------------------------------------------------------------------------
\14\ See generally Co May NSR Request.
\15\ See section 751(a)(2)(B)(iii) of the Act.
---------------------------------------------------------------------------
It is Commerce's practice in cases involving non-market economies
to require that a company seeking to establish eligibility for an
antidumping duty rate separate from the country wide rate (i.e.,
separate rate) provide evidence of de jure and de facto absence of
government control over the company's export activities.\16\
[[Page 18521]]
Accordingly, Commerce will issue questionnaires to Co May requesting,
inter alia, information regarding its export activities for the purpose
of determining whether it is eligible for a separate rate. The review
of the exporter will proceed if the response provides sufficient
indication that the exporter is not subject to either de jure or de
facto government control with respect to its exports of certain frozen
fish fillets.
---------------------------------------------------------------------------
\16\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations Involving Non-Market Economy
Countries,'' dated April 15, 2005, available at https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------
We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\17\ Because Co May certified that it exported
subject merchandise, the sale of which is the basis for its NSR
request, Commerce will instruct CBP to suspend or continue to suspend
liquidation of all entries of subject merchandise produced and exported
by Co May. To assist in its analysis of the bona fide nature of Co
May's sale(s), upon initiation of this NSR, Commerce will require Co
May to submit, on an ongoing basis, complete transaction information
concerning any sales of subject merchandise to the United States that
were made subsequent to the POR. Further, in accordance with section
751(a)(2)(B)(iv)(VII) of the Act and 19 CFR 351.214(k), Co May will be
required to provide information regarding the following factors for
Commerce's consideration in determining whether the sale(s) made by Co
May during the POR are bona fide: (1) whether the producer, exporter,
or customer was established for purposes of making the sale(s) in
question after the imposition of the relevant antidumping duty order;
(2) whether the producer, exporter, or customer has lines of business
unrelated to the subject merchandise; (3) the quantity of sales; and
(4) any other factor that Commerce determines to be relevant with
respect to the future selling behavior of the producer or exporter,
including any other indicia that the sale was not commercially viable.
---------------------------------------------------------------------------
\17\ The Act was amended by the Trade Facilitation and Trade
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR. This was also codified in
Commerce's regulations at 19 CFR 351.214(e).
---------------------------------------------------------------------------
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306.
This initiation notice is published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: March 23, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-06468 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-DS-P