Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61525 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022) (Initiation Notice). 

2See Memorandum, ‘‘Respondent Selection,’’ 

dated January 8, 2021 (Respondent Selection 

Memorandum). The Initiation Notice listed 134 

company/entity names. See Initiation Notice, 87 FR 

at 61281–84. We treated all companies (i.e., 109 

companies) without a preliminary separate rate (or 

an existing separate rate and a no shipment claim) 

as part of the Vietnam-wide entity. 

3See Respondent Selection Memorandum. See 

also Memorandum, ‘‘Selection of Replacement 

Respondent for Individual Review,’’ dated February 

3, 2023. 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of the 2021–2022 Antidumping 

Duty Administrative Review,’’ dated April 19, 2023. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam; 2021– 

2022,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6Three additional exporters also certified that 

they had no shipments during the POR. However, 

because these exporters have not established their 

eligibility for a separate rate, we consider them to 

be part of the Vietnam-wide entity. Thus, we 

preliminarily find that it would be inappropriate to 

make an individual no-shipment determination 

with respect to these exporters. Additionally, 

certain other companies that filed no shipment 

statements are among the companies for which we 

have announced our intent to rescind this review. 

See Appendix II. 

7See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

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

‘‘Assessment Rates’’ section, below. 

8The petitioners 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 

Continued 

Notification to Importers 

This notice 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 this 

review period. 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 these 

preliminary results in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221(b)(4). 

Dated: August 31, 2023. 

Lisa W. Wang, 

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. Discussion of the Methodology 

V. Currency Conversion 

VI. Recommendation 

[FR Doc. 2023–19333 Filed 9–6–23; 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 Antidumping 

Duty Administrative Review, 

Preliminary Determination of No 

Shipments, and Notice of Intent To 

Rescind, in Part; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is conducting an 

administrative review of the 

antidumping duty order on certain 

frozen fish fillets (fish fillets) from the 

Socialist Republic of Vietnam 

(Vietnam). The period of review (POR) 

is August 1, 2021, through July 31, 2022. 

Commerce preliminarily determines 

that certain exporters made sales of 

subject merchandise at prices below NV 

during the POR, and that 10 exporters 

did not have shipments during the POR. 

We invite interested parties to comment 

on these preliminary results. 

DATES: Applicable September 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos or Christopher 

Maciuba, 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 or 

(202) 482–0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2022, Commerce 

initiated an administrative review of the 

antidumping duty order on fish fillets 

from Vietnam in accordance with 19 

CFR 351.221(c)(1)(i) and section 751(a) 

of the Tariff Act of 1930, as amended 

(the Act).1 This review covers 25 

exporters, including the Vietnam-wide 

entity.2 We selected two exporters, Vinh 

Hoan Corporation (Vinh Hoan) and Can 

Tho Import Export Seafood Joint Stock 

Company (CASEAMEX), for individual 

examination as mandatory 

respondents.3 On April 19, 2023, 

Commerce extended the deadline for 

these preliminary results to August 31, 

2023.4

For a complete description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.5 A list of the 

topics discussed in the Preliminary 

Decision Memorandum is included in 

Appendix I to this notice. 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 https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

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. 

Preliminary Determination of No 

Shipments 

Based on an analysis of information 

from U.S. Customs and Border 

Protection (CBP) and letters filed by 10 

companies certifying no shipments, 

Commerce preliminarily determines 

that the companies listed in Appendix 

III had no shipments during the POR.6

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 10 

companies but, instead, intends to 

complete the review and issue 

appropriate instructions to CBP based 

on the final results of the review.7

Separate Rates 

Commerce preliminarily determines 

that information placed on the record by 

mandatory respondents CASEAMEX, 

Vinh Hoan, and four separate rate 

applicants (Cafatex Corporation, 

International Development and 

Investment Corporation, Loc Kim Chi 

Seafood Joint Stock Company, and the 

Hung Vuong Corporation) demonstrates 

that these companies are entitled to 

separate rate status. 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. In this 

administrative review, the petitioners 8


ddrumheller on DSK120RN23PROD with NOTICES1
61526 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

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. 

9See Petitioners’ Letter, ‘‘‘‘Request for 

Administrative Review,’’ dated August 31, 2022. 

10For additional information, see ‘‘Standing’’ 

section in the PDM. 11See 19 CFR 351.224(b). 

12See 19 CFR 351.309(d); see also Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (Temporary Rule). 

13See 19 CFR 351.309(c)(2) and (d)(2); see also 19 

CFR 351.303 (for general filing requirements). 

14See 19 CFR 351.303(f). 

15See Temporary Rule, 85 FR at 41363–64. 

16See 19 CFR 351.310(c). 

17See 19 CFR 351.310. 

requested a review of the Vietnam-wide 

entity,9 and, therefore, the entity is 

under review in this segment of the 

proceeding. With the exception of the 

six companies which established their 

eligibility for a separate rate, and the 

companies listed in Appendices II and 

III, Commerce considers all companies 

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

see the Preliminary Decision 

Memorandum and the ‘‘Dumping 

Margin for Exporters Not Selected for 

Individual Review’’ section below. 

Notice of Intent To Rescind the Review, 

in Part 

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. Commerce has preliminarily 

declined to find that one of the 

requestors had standing to request 

review during the POR.10 If this 

determination is unchanged when 

Commerce issues its final results in this 

review, it will rescind this review with 

respect to all companies for which there 

are no remaining review requests. These 

companies are listed in Appendix II. 

Commerce is not implementing a final 

rescission at this time, because its 

decision regarding the validity of certain 

requests is not final. 

Methodology 

Commerce is conducting this review 

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

of the Act. We have calculated export 

price and constructed export price in 

accordance with section 772 of the Act. 

Because Vietnam is an NME country 

within the meaning of section 771(18) of 

the Act, we have calculated NV in 

accordance with section 773(c) of the 

Act. For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. 

Dumping Margins for Exporters Not 

Selected for Individual Review 

The Act and Commerce’s regulations 

do not address the establishment of a 

rate to apply to exporters not selected 

for individual examination when 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for respondents that 

are not individually examined in an 

administrative review. Section 

735(c)(5)(A) of the Act provides that the 

all-others rate should be calculated by 

averaging the weighted-average 

dumping margins calculated for 

individually-examined respondents, 

excluding dumping margins that are 

zero, de minimis, or based entirely on 

facts available. Because we calculated a 

dumping margin of zero or de minimis 

for Vinh Hoan, and a dumping margin 

that is not zero, de minimis, or based on 

entirely on facts available for 

CASEAMEX, we assigned exporters that 

we did not individually examine 

(including the Vietnam-wide entity) a 

dumping margin equal to CASEAMEX’s 

dumping margin, consistent with 

Commerce’s practice and section 

735(c)(5)(A) of the Act. 

Preliminary Results of Review 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist for the 

period August 1, 2021, through July 31, 

2022: 

Exporter 

Weightedaverage 

dumping 

margin 

(dollars per 

kilogram) 

Vinh Hoan Corporation ......... $0.00 

Can Tho Import Export Seafood Joint Stock Company 0.14 

Loc Kim Chi Seafood Joint 

Stock Company ................. * 0.14 

International Development 

and Investment Corporation .................................... * 0.14 

Hung Vuong Corporation ...... * 0.14 

Cafatex Corporation ............. * 0.14 

Vietnam-wide Entity .............. * 0.14 

* This rate is based on the rate calculated 

for Can Tho Import Export Seafood Joint 

Stock Company. 

Verification 

As provided in section 782(i)(3) of the 

Act, Commerce intends to verify the 

information submitted by Vinh Hoan in 

advance of the final results of this 

review. 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties within five days of 

the date of publication of this notice.11

Pursuant to 19 CFR 351.309(c)(1)(ii), 

interested parties may submit case briefs 

no later than seven days after the date 

on which the final verification report is 

issued in this review. Rebuttal briefs, 

limited to issues raised in the case 

briefs, may be filed not later than seven 

days after the date for filing case 

briefs.12 Parties who submit case 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.13 Case and 

rebuttal briefs should be filed using 

ACCESS and must be served on 

interested parties.14 Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.15

Interested parties who wish to request 

a hearing must submit a written request 

to the Assistant Secretary for 

Enforcement and Compliance, filed 

electronically via ACCESS.16 Requests 

should contain: (1) the party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

issues to be discussed. Issues raised in 

the hearing will be limited to those 

raised in case and rebuttal briefs.17 If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. A hearing request 

must be filed electronically using 

ACCESS and received in its entirety by 

5:00 p.m. Eastern Time within 30 days 

after the publication of this notice. 

Assessment Rates 

Upon completion of the final results 

of this administrative review, Commerce 

shall determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries covered by this review. Pursuant 

to 19 CFR 351.212(b)(1), if the weightedaverage dumping margin for 

CASEAMEX or Vinh Hoan is not zero or 

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

in the final results of this review, we 

will calculate importer-specific (or 

customer-specific) per-unit assessment 

rates by dividing the amount of 

dumping for reviewed sales to the 

importer or customer by the total sales 

quantity associated with those 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61527 

18See section 751(a)(2)(C) of the Act. 

transactions. If either respondent’s 

weighted-average dumping margin is 

zero or de minimis in the final results 

of review, or if an importer-specific or 

customer-specific assessment rate is 

zero or de minimis, we will instruct CBP 

to liquidate appropriate entries without 

regard to antidumping duties. The final 

results of this review shall be the basis 

for the assessment of antidumping 

duties on entries of merchandise 

covered by this review, and for future 

deposits of estimated duties, where 

applicable.18

For any respondent that was not 

selected for individual examination in 

this administrative review, including 

the Vietnam-wide entity, Commerce 

will instruct, and CBP shall assess, 

antidumping duties on all appropriate 

entries of subject merchandise at the 

rate of $0.14 per kilogram. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

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

the exporters listed above, the cash 

deposit rate will be equal to the 

weighted-average dumping margins 

established in the final results of this 

review, except if the rate is de minimis, 

in which case the cash deposit rate will 

be zero; (2) for previously-examined 

Vietnamese and non-Vietnamese 

exporters not listed above that at the 

time of entry are eligible for a separate 

rate base on a prior completed segment 

of this proceeding, the cash deposit rate 

will continue to the be the existing 

exporter-specific cash deposit rate; (3) 

for all non-Vietnamese exporters of 

subject merchandise which at the time 

of entry do not have a separate rate, the 

cash deposit rate will be the rate 

applicable to the Vietnamese exporter 

that supplied the non-Vietnamese 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis of 

the issues raised in any written briefs, 

no later than 120 days after the date of 

publication of this notice, pursuant to 

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

Notification to Importers 

This notice 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 this 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) of the Act, and 19 CFR 

351.221(b)(4). 

Dated: August 31, 2023. 

Lisa W. Wang, 

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. Standing 

V. Intent To Rescind the Review, In Part 

VI. Preliminary Determination of No 

Shipments 

VII. Discussion of the Methodology 

VIII. Recommendation 

Appendix II 

Companies for Which Commerce Intends To 

Rescind the Review 

Bien Dong Seafood Company Ltd. (also 

known as Bien Dong, Bien Dong Seafood, 

Bien Dong Seafood Co., Ltd., Biendong 

Seafood Co., Ltd., Bien Dong Seafood 

Limited Liability Company or Bien Dong 

Seafoods Co., Ltd.) 

C.P. Vietnam Corporation (also known as C.P. 

Vietnam Corp.) 

Dai Thanh Seafoods Company Limited (also 

known as DATHACO, Dai Thanh Seafoods 

or Dai Thanh Seafoods Co., Ltd.) 

East Sea Seafoods LLC (also known as East 

Sea Seafoods Limited Liability Company, 

ESS LLC, ESS, ESS JVC, or East Sea 

Seafoods Joint Venture Co., Ltd.) 

Hai Huong Seafood Joint Stock Company 

(also known as HHFish, HH Fish, or Hai 

Huong Seafood) 

NTSF Seafoods Joint Stock Company (also 

known as NTSF, NTSF Seafoods or Ntsf 

Seafoods Jsc) 

PREFCO Distribution, LLC. 

Vinh Quang Fisheries Corporation (also 

known as Vinh Quang, Vinh Quang 

Fisheries Corp., Vinh Quang Fisheries Joint 

Stock Company, or Vinh Quang Fisheries 

Co., Ltd.) 

Appendix III 

Companies With No Shipments During the 

POR 

Fatifish Company Limited (also known as 

FATIFISH or FATIFISHCO or Fatfish Co., 

Ltd.) 

GF Seafood Corp. 

Green Farms Seafood JSC 

GODACO Seafood Joint Stock Company (also 

known as GODACO, GODACO Seafood, 

GODACO SEAFOOD, GODACO_

SEAFOOD, or GODACO Seafood J.S.C.) 

Golden Quality Seafood Corporation (also 

known as Golden Quality, GoldenQuality, 

GOLDENQUALITY, or GoldenQuality 

Seafood Corporation) 

Green Farms Seafood Joint Stock Company 

(also known as Green Farms, Green Farms 

Seafood JSC, GreenFarm SeaFoods Joint 

Stock Company, or Green Farms Seafoods 

Joint Stock Company) 

Nam Viet Corporation (also known as 

NAVICO) 

Nha Trang Seafoods, Inc. (also known as Nha 

Trang Seafoods-F89, Nha Trang Seafoods, 

or Nha Trang Seaproduct Company) 

QMC Foods, Inc. 

QVD Food Co., Ltd.* 

* This is a collapsed entity comprised of 

QVD Food Co., Ltd, QVD Dong Thap Food 

Co., Ltd. (also known as Dong Thap or QVD 

DT), and Thuan Hung Co., Ltd. (also known 

as THUFICO). 

[FR Doc. 2023–19337 Filed 9–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket No.: 230818–0199] 

Request for Information on 

Implementation of the United States 

Government National Standards 

Strategy for Critical and Emerging 

Technology (USG NSSCET) 

AGENCY: National Institute of Standards 

and Technology (NIST), Commerce. 

ACTION: Notice; request for information. 

SUMMARY: NIST is seeking information 

on behalf of the U.S. Department of 

Commerce and the U.S. Government to 

support the development of an 

implementation plan for the United 

States Government National Standards 

Strategy for Critical and Emerging 

Technology (USG NSSCET). The USG 

NSSCET is intended to support and 

complement existing private sector-led 


ddrumheller on DSK120RN23PROD with NOTICES1