[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36876-36878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16338]


-----------------------------------------------------------------------

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 Vinh Hoan Corporation et al. v. 
United States, Consol. Court No. 13-00156, sustaining the Department of 
Commerce's (Commerce) remand results for the eighth 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, 2010, through July 31, 2011. 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 March 21, 2013, Commerce issued its AR8 Final Results.\1\ On May 
20, 2013, Commerce issued its AR8 Amended Final Results.\2\ Vinh Hoan 
et

[[Page 36877]]

al.\3\ and the petitioners \4\ timely filed complaints with the Court 
and challenged certain aspects of the AR8 Amended Final Results. On 
February 19, 2015, the Court remanded Commerce's AR8 Amended Final 
Results.\5\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty Administrative Review 
and New Shipper Reviews; 2010-2011, 78 FR 17350 (March 21, 2013) 
(AR8 Final Results).
    \2\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 29323 (May 20, 2013) (AR8 Amended Final 
Results) and accompanying Ministerial Error Memorandum.
    \3\ These include Vinh Hoan, the Vietnam Association of Seafood 
Exporters and Producers, Binh An Seafood Joint Stock Company (Binh 
An), Anvifish and Vinh Quang Fisheries Corporation (Vinh Quang).
    \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 Vinh Hoan Corporation et al. v. United States, Court No. 
13-00156, Slip Op. 15-16 (CIT February 19, 2015).
---------------------------------------------------------------------------

    In the first remand, in accordance with the Court's instructions, 
Commerce reconsidered its selection of the surrogate country, and the 
selection of certain surrogate values (SVs), i.e., whole live pangasius 
fish, surrogate financial statements, various by-products and several 
other SVs, as they relate to the selection of the surrogate country.\6\ 
Additionally, and in accordance with the Court's instructions, Commerce 
made changes to Vinh Hoan Corporation's \7\ (Vinh Hoan) margin 
calculation, specifically, by adjusting the denominators for Vinh 
Hoan's factors of production (FOPs) to exclude water weight, and 
adjusting the consignment expense for certain sales. Commerce made 
changes to the margin calculations of Vinh Hoan, Anvifish Joint Stock 
Company (Anvifish) and the separate rate respondents' margins to 
account for a small change in the whole live fish SV. Also, at 
Commerce's request, the Court granted Commerce a voluntary remand to 
reconsider the calculation of the cap applied to Vinh Hoan's fish oil 
by-product offset.
---------------------------------------------------------------------------

    \6\ See Final Results of Redetermination Pursuant to Vinh Hoan 
Corporation et al. v. United States, Consol. Court No. 13-00156, and 
Slip Op. 15-16, dated August 3, 2015 (First Remand Results).
    \7\ 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).
---------------------------------------------------------------------------

    On May 26, 2016, the Court remanded Commerce's First Remand 
Results.\8\ In the second remand, in accordance with the Court's 
instructions, Commerce reconsidered its selection of the sawdust and 
rice husk SVs, provided further explanation concerning the cap to the 
fish oil by-product offset, and discussed the use of the absolute value 
of by-products in the margin calculation.\9\ The Court upheld our 
findings on these issues, except one, the fish oil by-product 
offset.\10\
---------------------------------------------------------------------------

    \8\ See Vinh Hoan Corporation et al. v. United States, Court No. 
13-00156, Slip Op. 16-53 (CIT May 26, 2016).
    \9\ See Final Results of Redetermination Pursuant to Vinh Hoan 
Corporation et al. v. United States, Consol. Court No. 13-00156, 
Slip Op. 16-00053, dated May 26, 2016 (Second Remand Results).
    \10\ See Vinh Hoan Corporation et al. v. United States, Consol. 
Court No. 13-00156, Slip Op. 17-00081 (July 10, 2017) (Vinh Hoan).
---------------------------------------------------------------------------

    On July 10, 2017, the Court remanded Commerce's Second Remand 
Results.\11\ In the third remand, in accordance with the Court's 
instructions, Commerce provided further explanation with respect to the 
calculated fish oil by-product offset and its superiority with respect 
to the other fish oil SVs on the record.\12\ On September 22, 2017, 
Commerce filed the Third Remand Results with the Court. On May 24, 
2018, the Court upheld the Third Remand Results.
---------------------------------------------------------------------------

    \11\ See Vinh Hoan Corporation et al. v. United States, Court 
No. 13-00156, Slip Op. 17-81 (CIT July 10, 2017).
    \12\ See Final Results of Redetermination Pursuant To Court 
Remand, Consol. Court No. 13-00156, Slip Op. 15-16 (CIT February 19, 
2015), dated September 22, 2017, (Third Remand Results).
---------------------------------------------------------------------------

    As a result of the AR8 Remand Results,\13\ there are calculation 
changes. After accounting for all such changes and issues in the AR8 
Remand Results, the resulting antidumping margin for Vinh Hoan is $0.13 
per kilogram and $2.39 per kilogram for Anvifish. Because Vinh Hoan's 
and Anvifish's margins changed, their weighted average also becomes the 
margin ($1.28 per kilogram) for those companies not individually 
examined but receiving a separate rate. On May 24, 2018, the Court 
sustained the AR8 Remand Results.\14\
---------------------------------------------------------------------------

    \13\ See First Remand Results, Second Remand Results, and Third 
Remand Results (collectively AR8 Remand Results).
    \14\ See Vinh Hoan Corporation et a. v. United States, Court No. 
13-00156, Slip Op. 18-59 (CIT May 24, 2018).
---------------------------------------------------------------------------

    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 case 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 AR8 Amended Final Results with respect to the weighted-average 
dumping margins for Vinh Hoan, Anvifish and the separate rate 
respondents.\15\
---------------------------------------------------------------------------

    \15\ These include: An Giang Agriculture and Food Import-Export 
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; Hiep Thanh Seafood Joint 
Stock Company; Hung Vuong Corporation; Nam Viet Corporation; NTSF 
Seafoods Joint Stock Company; QVD Food Company Ltd.; Saigon Mekong 
Fishery Co., Ltd.; Southern Fisheries Industries Company Ltd.; and 
Vinh Quang Fisheries Corporation (collectively, separate rate 
respondents).
---------------------------------------------------------------------------

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 AR8 Remand constitutes a final decision of the Court 
that is not in harmony with Commerce's AR8 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 AR8 Amended Final Results with respect to Vinh Hoan, Anvifish and 
the separate rate respondents. The revised weighted-average dumping 
margins for these exporters during the period August 1, 2010, through 
July 31, 2011, are as follows:

[[Page 36878]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \16\..............................            0.13
Anvifish Joint Stock Company \17\.......................            2.39
An Giang Agriculture and Food Import-Export Joint Stock             1.28
 Company................................................
Asia Commerce Fisheries Joint Stock Company.............            1.28
Binh An Seafood Joint Stock Company.....................            1.28
Cadovimex II Seafood Import-Export and Processing Joint             1.28
 Stock Company..........................................
Hiep Thanh Seafood Joint Stock Company..................            1.28
Hung Vuong Corporation..................................            1.28
Nam Viet Corporation....................................            1.28
NTSF Seafoods Joint Stock Company.......................            1.28
QVD Food Company Ltd \18\...............................            1.28
Saigon Mekong Fishery Co., Ltd..........................            1.28
Southern Fisheries Industries Company Ltd...............            1.28
Vinh Quang Fisheries Corporation........................            1.28
------------------------------------------------------------------------

    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 mentioned above using the 
assessment rate calculated by Commerce in the AR8 Remand Results and 
listed above.
---------------------------------------------------------------------------

    \16\ This rate is applicable to the Vinh Hoan Group which 
includes: Vinh Hoan, Van Duc, and VDTG.
    \17\ Includes the trade name Anvifish Co., Ltd.
    \18\ 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).
---------------------------------------------------------------------------

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 20, 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. 2018-16338 Filed 7-30-18; 8:45 am]
 BILLING CODE 3510-DS-P