84300 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Notices 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 84 FR 

53411 (October 7, 2019). 

2 Vinh Hoan, Van Duc Food Export Joint Stock 

Company, and Van Duc Tien Giang Food Export 

Company have previously been treated as a single 

entity. See Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Notice of 

Preliminary Results and Partial Rescission of the 

Sixth Antidumping Duty Administrative Review 

and Sixth New Shipper Review, 75 FR 56062 

(September 15, 2010), unchanged in Certain Frozen 

Fish Fillets from the Socialist Republic of Vietnam: 

Final Results of the Sixth Antidumping Duty 

Administrative Review and Sixth New Shipper 

Review, 76 FR 15941 (March 22, 2011). We refer to 

the companies, collectively, as Vinh Hoan. 

3See Memorandum, ‘‘Selection of Respondents 

for Individual Review,’’ dated December 13, 2019. 

4For a detailed history of the events following 

initiation of this review, see Memorandum, 

‘‘Preliminary Results of Antidumping Duty 

Administrative Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam; 2018– 

2019,’’ dated concurrently with this notice 

(Preliminary Decision Memorandum). 

5See Memorandum, ‘‘Selection of Replacement 

Respondent for Individual Review,’’ dated January 

22, 2020. 

6See Preliminary Decision Memorandum. 

7See Appendix II for a list of companies for 

which we are rescinding this review. 

8See Preliminary Decision Memorandum for a 

complete list of companies with no shipments 

during the POR. 

9The collapsed entity includes: An Giang 

Fisheries Import and Export Joint Stock Company; 

Asia Pangasius Company Limited; Europe Joint 

Stock Company; Hung Vuong Ben Tre Seafood 

Processing Company Limited; Hung Vuong Joint 

Stock Company (aka Hung Vuong Corporation); 

Hung Vuong Mascato Company Limited; Hung 

Vuong—Sa Dec Co. Ltd.; and Hung Vuong—Vinh 

Long Co., Ltd. (collectively, HVG). 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), and accompanying Preliminary Decision 

Memorandum (PDM) at 4, unchanged in 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, 84 FR 18007 (April 20, 2019). 

10As noted above, HVG is a single entity 

consisting of eight companies. 

11See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) and the 

‘‘Assessment Rates’’ section, below. 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

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 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.213(d)(4). 

Dated: December 18, 2020. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2020–28594 Filed 12–23–20; 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: 

Preliminary Results of the 

Antidumping Duty Administrative 

Review, Preliminary Determination of 

no Shipments, and Partial Rescission 

of the Antidumping Duty 

Administrative Review; 2018–2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that certain producers and exporters of 

frozen fish fillets (fish fillets) from the 

Socialist Republic of Vietnam (Vietnam) 

made sales of subject merchandise at 

prices below normal value (NV) during 

the period of review (POR) August 1, 

2018 through July 31, 2019. We also 

preliminarily determine that two 

companies are eligible for separate rate 

status, 27 companies did not establish 

eligibility for a separate rate and are part 

of the Vietnam-wide entity, and 21 

companies had no shipments during the 

POR. Finally, we are rescinding this 

review with respect to 16 companies. 

We invite interested parties to comment 

on these preliminary results. 

DATES: Applicable December 28, 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 October 7, 2019, Commerce 

published in the Federal Register the 

notice of initiation of an administrative 

review of the antidumping duty (AD) 

order on fish fillets from Vietnam with 

respect to 76 companies.1 We selected 

the largest exporters, Bien Dong Seafood 

Co., Ltd. (Bien Dong) and Vinh Hoan 

Corporation (Vinh Hoan),2 as mandatory 

respondents.3 Following the withdrawal 

of all review requests for Bien Dong,4

Commerce selected Seafood Joint Stock 

Company No.4 Branch Dongtam 

Fisheries Processing Company 

(DOTASEAFOOD) as an additional 

mandatory respondent on January 22, 

2020.5

Scope of the Order 

The products covered by this order 

are fish fillets from Vietnam. For a full 

description of the scope of the order, see 

the Preliminary Decision 

Memorandum.6

Partial Rescission of Administrative 

Review 

Pursuant to 19 CFR 351.213(d)(1), 

Commerce will rescind an 

administrative review, in whole or in 

part, if the party that requested a review 

withdraws the request within 90 days of 

the date of publication of the notice of 

initiation. As noted above, all interested 

parties timely withdrew their requests 

for review for 16 companies. 

Accordingly, Commerce is rescinding 

this review with respect to these 16 

entities, in accordance with 19 CFR 

351.213(d)(1).7 The review will 

continue with respect to the other firms 

for which a review was requested and 

initiated. 

Preliminary Determination of No 

Shipments 

Based on an analysis of information 

from U.S. Customs and Border 

Protection (CBP) and the letters filed by 

20 companies certifying no shipments, 

Commerce preliminarily determines 

that these companies had no shipments 

during the POR.8 In addition, with 

regard to an additional company, HVG,9

information on the record establishes 

that HVG had no shipments during the 

POR. For additional information 

regarding this finding, see the 

Preliminary Decision Memorandum. 

Consistent with our assessment 

practice in non-market economy (NME) 

administrative reviews, Commerce is 

not rescinding this review for these 21 

companies,10 but intends to complete 

the review and issue appropriate 

instructions to CBP based on the final 

results of the review.11

Separate Rates 

Commerce preliminarily determines 

that information placed on the record by 

mandatory respondent, Vinh Hoan, and 

separate rate applicant, Nam Viet 

Corporation (NAVICO), demonstrates 

that these companies are entitled to 

separate rate status. The remaining 27 

companies subject to this review have 

not established eligibility for a separate 

rate, and are, therefore, considered to be 

part of the Vietnam-wide entity for these 


tkelley on DSKBCP9HB2PROD with NOTICES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Notices 84301 

12See Preliminary Decision Memorandum for a 

complete list of companies not eligible for a 

separate rate. We note that this includes 

DOTASEAFOOD, a mandatory respondent that 

failed to respond to Commerce’s request for 

information. 

13 Id. 

14A list of topics discussed in the Preliminary 

Decision Memorandum is included at Appendix I 

of this notice. 

15This rate is based on the rate calculated for 

Vinh Hoan. 

16See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

17See 19 CFR 351.303. 

18See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

41363 (July 10, 2020). 

19See 19 CFR 351.212(b). 

20See 19 CFR 351.106(c)(2). 

preliminary results.12 For additional 

information, see the Preliminary 

Decision Memorandum. 

Vietnam-Wide Entity 

The Vietnam-wide entity will not be 

under review unless a party specifically 

requests, or Commerce self-initiates, a 

review of the entity. Because no party 

requested a review of the Vietnam-wide 

entity, the entity is not under review, 

and the entity’s rate is not subject to 

change.13

Other than the companies discussed 

above—i.e., those that received separate 

rate status, those with no shipments 

during the POR, or those for which all 

review requests were timely rescinded— 

Commerce considers all other 

companies for which a review was 

requested to be part of the Vietnamwide entity. For additional information, 

see the Preliminary Decision 

Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with sections 751(a)(1)(B) 

and 751(a)(2) of the Act. We have 

calculated constructed export prices in 

accordance with section 772 of the Act. 

Because Vietnam is an NME country 

within the meaning of section 771(18) of 

the Act, NV has been calculated in 

accordance with section 773(c) of the 

Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. The 

Preliminary Decision Memorandum is a 

public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed Preliminary Decision 

Memorandum and the electronic 

version of the Preliminary Decision 

Memorandum are identical in content.14

Preliminary Results of Review 

Commerce preliminarily determines 

that the following weighted-average 

dumping margins exist for the period 

August 1, 2018 through July 31, 2019: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(dollars per 

kilogram) 

Vinh Hoan Corporation/Van 

Duc Food Export Joint 

Stock Company/Van Duc 

Tien Giang Food Export 

Company ........................... $0.09 

Review-Specific Rate Applicable to the Following 

Company: 15

Nam Viet Corporation .... $0.09 

Disclosure and Public Comment 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with these 

preliminary results within five days of 

the date of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the date of publication of these 

preliminary results, unless the Secretary 

alters the time limit. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline for case briefs.16

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this review 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. Case and 

rebuttal briefs should be filed using 

ACCESS.17 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information.18

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 

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 will announce the 

date and time of the hearing. Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of our 

analysis of all issues raised in the case 

briefs, within 120 days of publication of 

these preliminary results in the Federal 

Register, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results, 

Commerce will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.19 Commerce intends to issue 

assessment instructions to CBP 15 days 

after the publication date of the final 

results of this review. 

If Vinh Hoan’s weighted average 

dumping margin is not zero or de 

minimis (i.e., less than 0.50 percent) in 

the final results of this review, 

Commerce will calculate importerspecific or customer-specific assessment 

rates for Vinh Hoan, in accordance with 

19 CFR 351.212(b)(1). Specifically, 

Commerce intends to calculate an 

importer-specific per-unit assessment 

rate by dividing the amount of dumping 

for reviewed sales to the importer or 

customer by the total sales quantity 

associated with those transactions. 

Where either a respondent’s weightedaverage dumping margin is zero or de 

minimis, or an importer-specific ad 

valorem assessment rate is zero or de 

minimis, we will instruct CBP to 

liquidate appropriate entries without 

regard to antidumping duties.20

For any respondent that was not 

selected for individual examination in 

this administrative review, but which 

qualified for a separate rate, the 

assessment rate will be equal to the 

weighted-average dumping margin 

assigned to Vinh Hoan in the final 

results of this review. 

For entries that were not reported in 

the U.S. sales databases submitted by 

Vinh Hoan, Commerce will instruct CBP 

to liquidate such entries at the Vietnamwide rate. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

review for all shipments of fish fillets 


tkelley on DSKBCP9HB2PROD with NOTICES
84302 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Notices 

1See Utility Scale Wind Towers from India and 

Malaysia: Initiation of Countervailing Duty 

Investigations, 85 FR 73019 (November 16, 2020). 

2See Petitioner’s Letters, ‘‘Utility Scale Wind 

Towers from India: Request for Extension of 

Preliminary Determination Deadline,’’ dated 

December 4, 2020 (India Postponement Request); 

and ‘‘Utility Scale Wind Towers from Malaysia: 

Request for Extension of Preliminary Determination 

Deadline,’’ dated December 4, 2020 (Malaysia 

Postponement Request). 

from Vietnam entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

by sections 751(a)(2)(C) of the Act: (1) 

For the companies listed above that 

have a separate rate, the cash deposit 

rate will be equal to the weightedaverage dumping margin established in 

the final results of this review (except, 

if the rate is de minimis, then no cash 

deposit rate will be required); (2) for 

previously-examined Vietnamese and 

non-Vietnamese exporters not listed 

above that received a separate rate in a 

prior segment of this proceeding, the 

cash deposit rate will continue to be the 

existing exporter-specific cash deposit 

rate; (3) for all Vietnam exporters of 

subject merchandise that have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be that for the 

Vietnam-wide entity (i.e., $2.39 per 

kilogram); and (4) for all nonVietnamese exporters of subject 

merchandise that have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the Vietnam 

exporter that supplied that non-Vietnam 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during the POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing the 

preliminary results of this review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 351.213. 

Dated: December 15, 2020 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Partial Rescission of Review 

V. Preliminary Determination of No 

Shipments 

VI. Discussion of the Methodology 

VII. Recommendation 

Appendix II 

Companies for Which We Are Rescinding 

the Review 

1. An Giang Agriculture and Food ImportExport Joint Stock Company (also known 

as Afiex, An Giang Agriculture and 

Foods Import-Export Joint Stock 

Company, An Giang Agriculture and 

Food Import-Export Company, An Giang 

Agriculture and Foods Import and 

Export Company, or An Giang 

Agriculture and Foods Import-Export 

Company) 

2. An My Fish Joint Stock Company (aka 

Anmyfish or Anmyfishco) 

3. An Phu Seafood Corporation (aka 

ASEAFOOD or An Phu Seafood Corp.) 

4. Asia Commerce Fisheries Joint Stock 

Company (aka Acomfish JSC or 

Acomfish) 

5. Bien Dong Hau Giang Seafood Joint Stock 

Company (aka Bien Dong HG or Bien 

Dong Hau Giang Seafood Joint Stock Co.) 

6. Bien Dong Seafood Company Ltd. (aka 

Bien Dong, Bien Dong Seafood, Bien 

Dong Seafood Co., Ltd., Biendong 

Seafood Co., Ltd., or Biendong Seafood 

Limited Liabilty Company) 

7. Binh An Seafood Joint Stock Company 

(aka Binh An or Binh An Seafood Joint 

Stock Co.) 

8. Da Nang Seaproducts Import-Export 

Corporation (aka Da Nang or Da Nang 

Seaproducts Import/Export Corp.) 

9. GODACO Seafood Joint Stock Company 

(aka GODACO, GODACO Seafood J.S.C., 

GODACO Seafood, or GODACO_

SEAFOOD) 

10. Hiep Thanh Seafood Joint Stock 

Company (aka Hiep Thanh or Hiep 

Thanh Seafood Joint Stock Co.) 

11. International Development & Investment 

Corporation (aka IDI or International 

Development and Investment 

Corporation 

12. Ngoc Ha Co. Ltd. Food Processing and 

Trading (aka Ngoc Ha or Ngoc Ha Co., 

Ltd. Foods Processing and Trading) 

13. Saigon-Mekong Fishery Co., Ltd. (aka 

SAMEFICO or Saigon Mekong Fishery 

Co., Ltd.) 

14. Sunrise Corporation 

15. TG Fishery Holdings Corporation (aka 

TG) 

16. To Chau Joint Stock Company (aka 

TOCHAU, TOCHAU JSC, or TOCHAU 

Joint Stock Company 

[FR Doc. 2020–28592 Filed 12–23–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–898; C–557–822] 

Utility Scale Wind Towers from India 

and Malaysia: Postponement of 

Preliminary Determinations in the 

Countervailing Duty Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable: December 28, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Kinter at (202) 482–1413 (India) 

and Nathan James at (202) 482–5305 

(Malaysia), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 9, 2020, the Department 

of Commerce (Commerce) initiated the 

countervailing duty (CVD) 

investigations of imports of utility scale 

wind towers from India and Malaysia.1

Currently, the preliminary 

determinations are due no later than 

January 13, 2021. 

Postponement of Preliminary 

Determinations 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a CVD investigation 

within 65 days after the date on which 

Commerce initiated the investigation. 

However, section 703(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 130 days after the date on which 

Commerce initiated the investigation if: 

(A) the petitioner makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny it. 

On December 4, 2020, the Wind 

Tower Trade Coalition (the petitioner) 

submitted timely requests that 

Commerce postpone the preliminary 

CVD determinations.2 The petitioner 

stated that it requests postponement 

because additional time is needed to 

collect the necessary information for 


tkelley on DSKBCP9HB2PROD with NOTICES