[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36879-36881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16333]


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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 Decisions 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 May 24, 2018, the United States Court of International 
Trade (Court) issued final judgments in An Giang Fisheries Import and 
Export Joint Stock Company et al. v. United States, Consol. Court No. 
14-00109, sustaining the Department of Commerce's (Commerce) remand 
results for the ninth administrative review of the antidumping duty 
order on certain frozen fish fillets from the Socialist Republic of 
Vietnam (Vietnam) covering the period of review (POR) August 1, 2011, 
through July 31, 2012. Commerce is notifying the public that the 
Court's final judgment is not in harmony with Commerce's final results 
of the administrative review, and that Commerce is amending the final 
results with respect to certain exporters.

DATES: Applicable June 3, 2018.

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 April 7, 2014, Commerce issued its AR9 Final Results.\1\ On July 
2, 2014, Commerce issued its AR9 Amended Final Results.\2\ Agifish et 
al.\3\ and the petitioners \4\ timely filed complaints with the Court 
and challenged certain aspects of the AR9 Amended Final Results. On 
June 7, 2015, the Court remanded Commerce's AR9 Amended Final 
Results.\5\
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty Administrative Review 
and New Shipper Review; 2011-2012, 79 FR 19053 (April 7, 2014) (AR9 
Final Results).
    \2\ See Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 79 FR 37714 (July 2, 2014) (AR9 Amended Final 
Results) and accompanying Ministerial Error Memorandum.
    \3\ These include An Giang Fisheries Import and Export Joint 
Stock Company, Asia Commerce Fisheries Joint Stock Company, Cuu Long 
Fish Joint Stock Company, Hiep Thanh Seafood Joint Stock Company, 
International Development and Investment Corporation, NTSF Seafoods 
Joint Stock Company, QVD Food Company Ltd., Southern Fishery 
Industries Company, Ltd., and Vinh Hoan Corporation (collectively 
Agifish et al.).
    \4\ Catfish Farmers of America and the following individual U.S. 
catfish processors: America's Catch, Consolidated Catfish Companies, 
LLC dba Country Select Catfish, Delta Pride Catfish, Inc., Harvest 
Select Catfish, Inc., Heartland Catfish Company, Pride of the Pond, 
and Simmons Farm Raised Catfish, Inc. (collectively, the 
petitioners).
    \5\ See An Giang Fisheries Import and Export Joint Stock Company 
et al. v. United States, Court No. 14-00109, Slip Op. 16-55 (CIT 
June 7, 2016).
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    In the first remand, in accordance with the Court's instructions, 
Commerce reconsidered its selection of the surrogate value (SV) for 
rice husk and provided further explanation concerning the cap to the 
fish oil by-product offset in Vinh Hoan Corporation's \6\ margin 
calculation.\7\ Additionally, and in accordance with the Court's 
instructions, Commerce made changes to Vinh Hoan's margin calculation, 
specifically, by adjusting the denominators for Vinh Hoan's factors of 
production (FOPs) to exclude water weight, and subsequently 
recalculating Vinh Hoan's net U.S. price of sales for subject 
merchandise on a net weight basis exclusive of water weight.\8\ The 
Court upheld our findings on all but one of these issues, i.e., the 
fish oil by-product offset.\9\
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    \6\ Vinh Hoan was one of two mandatory respondents selected by 
Commerce. (Vinh Hoan) includes Vinh Hoan Corporation and its 
affiliates Van Duc Food Export Joint Company and Van Duc Tien Giang 
(VDTG).
    \7\ See Final Results of Redetermination Pursuant to An Giang 
Fisheries Import and Export Joint Stock Company et al. v. United 
States, Consol. Court No. 14-00109, and Slip Op. 16-55, dated 
February 9, 2017 (First Remand Results).
    \8\ Id.
    \9\ See An Giang Fisheries Import and Export Joint Stock Company 
et al. v. United States, Consol. Court No. 14-00109, Slip Op. 17-
00082 (July 10, 2017) (An Giang Fisheries).
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    On July 10, 2017, the Court remanded Commerce's First Remand 
Results.\10\ In the second remand, in accordance with the Court's 
instructions, Commerce provided further explanation with respect to the 
calculated fish oil by-

[[Page 36880]]

product offset and its superiority as compared to the other fish oil 
SVs on the record.\11\ On September 22, 2017, Commerce filed the Second 
Remand Results with the Court.
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    \10\ See Vinh Hoan Corporation et al. v. United States, Court 
No. 14-00109, Slip Op. 17-82 (CIT July 10, 2017).
    \11\ See Final Results of Redetermination Pursuant To Court 
Remand, Consol. Court No. 14-00109, Slip Op. 17-00082 (CIT July 10, 
2017), dated September 22, 2017, (Second Remand Results).
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    As a result of the AR9 Remand Results,\12\ there are calculation 
changes. After accounting for all such changes and issues in the AR9 
Remand Results, the resulting antidumping duty margin for Vinh Hoan is 
de minimis. Because Vinh Hoan's margin is now de minimis, Agifish's 
margin (unchanged) becomes the margin ($1.20 per kilogram) for those 
companies not individually examined but receiving a separate rate. On 
May 24, 2018, the Court sustained the AR9 Remand Results.\13\
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    \12\ See First Remand Results and Second Remand Results 
(collectively, AR9 Remand Results).
    \13\ See An Giang Fisheries Import and Export Joint Stock 
Company et al. v. United States, Consol. Court No. 14-109, Slip Op. 
18-60 (CIT May 24, 2018).
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 
337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 
Sawblades), Commerce is notifying the public that the final judgment in 
this cases is not in harmony with Commerce's final results of the 
antidumping duty administrative review of the antidumping duty order on 
fish fillets from Vietnam covering the POR. Thus, Commerce is amending 
the AR9 Amended Final Results with respect to the weighted-average 
dumping margins for Vinh Hoan, and the separate rate respondents.\14\
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    \14\ These include: An My Fish Joint Stock Company; Anvifish 
Joint Stock Company; Asia Commerce Fisheries Joint Stock Company; 
Binh An Seafood Joint Stock Company; Cadovimex II Seafood Import-
Export and Processing Joint Stock Company; Cantho Import-Export 
Seafood Joint Stock Company; Cuu Long Fish Import-Export 
Corporation; Cuu Long Fish Joint Stock Company; East Sea Seafoods 
Limited Liability Company; Green Farms Seafood Joint Stock Company; 
Hiep Thanh Seafood Joint Stock Company; Hoa Phat Seafood Import-
Export and Processing JSC; International Development & Investment 
Corporation; NTSF Seafoods Joint Stock Company; QVD Food Company 
Ltd.; Saigon Mekong Fishery Co., Ltd.; Seafood Joint Stock Company 
No.4 Branch Dongtam Fisheries Processing Company; Southern Fisheries 
Industries Company Ltd.; Sunrise Corporation; Thien Ma Seafood Co., 
Ltd.; To Chau Joint Stock Company; Viet Phu Food & Fish Corporation; 
and Vinh Quang Fisheries Corporation (collectively, separate rate 
respondents).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (Act), Commerce must publish a notice of 
a court decision that is not ``in harmony'' with a Commerce 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The Court's May 24, 2018, judgment 
sustaining the AR9 Remand constitutes a final decision of the Court 
that is not in harmony with Commerce's AR9 Amended Final Results. This 
notice is published in fulfillment of the publication requirement of 
Timken.

Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the AR9 Amended Final Results with respect to Vinh Hoan, and the 
separate rate respondents. The revised weighted-average dumping margins 
for these exporters during the period August 1, 2011, through July 31, 
2012, are as follows:

------------------------------------------------------------------------
                                        Weighted-average dumping margin
            Exporter name                   (dollars per kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \15\..........                                0.00
Hung Vuong Group \16\...............                                1.20
An My Fish Joint Stock Company......                                1.20
Anvifish Joint Stock Company \17\...                                1.20
Asia Commerce Fisheries Joint Stock                                 1.20
 Company............................
Binh An Seafood Joint Stock Company.                                1.20
Cadovimex II Seafood Import-Export                                  1.20
 and Processing Joint Stock Company.
Cantho Import-Export Seafood Joint                                  1.20
 Stock Company......................
Cuu Long Fish Import-Export           ..................................
 Corporation \18\...................
Cuu Long Fish Joint Stock Company...                                1.20
East Sea Seafoods Limited Liability                                 1.20
 Company \19\.......................
Green Farms Seafood Joint Stock                                     1.20
 Company............................
Hiep Thanh Seafood Joint Stock                                      1.20
 Company............................
Hoa Phat Seafood Import-Export and                                  1.20
 Processing JSC.....................
International Development &                                         1.20
 Investment Corporation.............
NTSF Seafoods Joint Stock Company...                                1.20
QVD Food Company Ltd.\20\...........                                1.20
Saigon Mekong Fishery Co., Ltd......                                1.20
Seafood Joint Stock Company No.4                                    1.20
 Branch Dongtam Fisheries Processing
 Company............................
Southern Fisheries Industries                                       1.20
 Company Ltd........................
Sunrise Corporation.................                                1.20
Thien Ma Seafood Co., Ltd...........                                1.20
To Chau Joint Stock Company.........                                1.20
Viet Phu Food & Fish Corporation....                                1.20
Vinh Quang Fisheries Corporation....                                1.20
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[[Page 36881]]

    Accordingly, Commerce will continue the suspension of liquidation 
of the subject merchandise pending the expiration of the period of 
appeal or, if appealed, pending a final and conclusive court decision. 
In the event the Court's ruling is not appealed or, if appealed, upheld 
by the CAFC, Commerce will instruct U.S. Customs and Border Protection 
to assess antidumping duties on unliquidated entries of subject 
merchandise exported by the companies identified above using the 
assessment rate calculated by Commerce in the AR9 Remand Results and 
listed above.
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    \15\ This rate is applicable to the Vinh Hoan Group which 
includes: Vinh Hoan, Van Duc, and VDTG.
    \16\ This rate is applicable to the Hung Vuong Group, which 
includes: An Giang Fisheries Import and Export Joint Stock Company, 
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung 
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung 
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
    \17\ Includes the trade name Anvifish Co., Ltd., and Anvifish 
JSC.
    \18\ Includes the trade name CL Panga Fish.
    \19\ Includes the trade names East Sea Seafoods LLC and ESS.
    \20\ This rate is also applicable to QVD Dong Thap Food Co., 
Ltd. (Dong Thap) and Thuan Hung Co., Ltd. (THUFICO). In the second 
review of this order, Commerce found QVD, Dong Thap and THUFICO to 
be a single entity, and because there has been no evidence submitted 
on the record of this review that calls this determination into 
question, we continue to find these companies to be part of a single 
entity. Therefore, we will assign this rate to the companies in the 
single entity. See Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 53387 (September 11, 2006).
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Cash Deposit Requirements

    Unless the applicable cash deposit rates have been superseded by 
cash deposit rates calculated in an intervening administrative review 
of the AD order on frozen fish fillets from Vietnam, Commerce will 
instruct U.S. Customs and Border Protection to require a cash deposit 
for estimated AD duties at the rate noted above for each specified 
exporter and producer combination, for entries of subject merchandise, 
entered or withdrawn from warehouse, for consumption, on or after June 
3, 2018.

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: July 25, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-16333 Filed 7-30-18; 8:45 am]
 BILLING CODE 3510-DS-P