Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 36879 

1See 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). 

2See 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. 

3These 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.). 

4Catfish 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). 

5See 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). 

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). 

7See 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. 

9See 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). 

10See Vinh Hoan Corporation et al. v. United 

States, Court No. 14–00109, Slip Op. 17–82 (CIT 

July 10, 2017). 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. As noted above, 

GEO withdrew its request for review by 

the 90-day deadline and no other party 

requested an administrative review of 

the antidumping duty order. 

Accordingly, we are rescinding the 

administrative review of the 

antidumping duty order on glycine from 

China for the period 

March 1, 2017, through February 28, 

2018, in its entirety, in accordance with 

19 CFR 351.213(d)(1). 

Assessment 

Commerce will instruct U.S. Customs 

and Border Protection (CBP) to assess 

antidumping duties on all appropriate 

entries of glycine from China. 

Antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). Commerce intends to 

issue appropriate assessment 

instructions to CBP 15 days after the 

date of publication of this notice in the 

Federal Register. 

Notification to Importers 

This notice serves as a 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 doubled antidumping duties. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. 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. 

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: July 23, 2018. 

James Maeder, 

Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, performing the duties of Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations. 

[FR Doc. 2018–16336 Filed 7–30–18; 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: 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

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 byproduct 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

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 byVerDate Sep<11>2014 18:30 Jul 30, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1

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36880 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 

11See 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). 

12See First Remand Results and Second Remand 

Results (collectively, AR9 Remand Results). 

13See 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). 

14These 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). 

15This rate is applicable to the Vinh Hoan Group 

which includes: Vinh Hoan, Van Duc, and VDTG. 

16This 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. 

20This 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). 

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. 

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

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

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 weightedaverage dumping margins for these 

exporters during the period August 1, 

2011, through July 31, 2012, are as 

follows: 

Exporter name Weighted-average dumping margin 

(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 Company ............................................................................................ 1.20 

Binh An Seafood Joint Stock Company .......................................................................................................... 1.20 

Cadovimex II Seafood Import-Export and Processing Joint Stock Company ................................................ 1.20 

Cantho Import-Export Seafood Joint Stock Company .................................................................................... 1.20 

Cuu Long Fish Import-Export Corporation 18 .................................................................................................. ............................................................

Cuu Long Fish Joint Stock Company .............................................................................................................. 1.20 

East Sea Seafoods Limited Liability Company 19 ........................................................................................... 1.20 

Green Farms Seafood Joint Stock Company ................................................................................................. 1.20 

Hiep Thanh Seafood Joint Stock Company .................................................................................................... 1.20 

Hoa Phat Seafood Import-Export and Processing JSC .................................................................................. 1.20 

International Development & Investment Corporation .................................................................................... 1.20 

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 Branch Dongtam Fisheries Processing Company ............................... 1.20 

Southern Fisheries Industries Company Ltd ................................................................................................... 1.20 

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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 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. 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG377 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

hold a four-day meeting to consider 

actions affecting the Gulf of Mexico 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Monday, August 20 through Thursday, 

August 23, 2018. 

ADDRESSES: The meeting will take place 

at the Omni Corpus Christi hotel located 

at 900 N. Shoreline Boulevard, Corpus 

Christi, TX 78401; telephone: (361) 887– 

1600. 

Council address: Gulf of Mexico 

Fishery Management Council, 4107 W. 

Spruce Street, Suite 200, Tampa, FL 

33607; telephone: (813) 348–1630. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Carrie Simmons, Executive Director, 

Gulf of Mexico Fishery Management 

Council; telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Agenda 

Monday, August 20, 2018; 8:30 a.m.– 

5:15 p.m. 

The Coral Committee will receive an 

update on the Flower Garden Banks 

National Marine Sanctuary Expansion; 

discuss Final Action: Abbreviated 

Framework Action—Clarification of 

Fishing in Habitat Area Particular 

Concerns (HAPCs); and, receive an 

update on the Coral Reef Conservation 

Program Grant. The Sustainable 

Fisheries Committee will review a Draft 

Abbreviated Framework Action: 

Conversion of Historical Captain 

Endorsements to Federal For-Hire 

Permits; and, review of Senate Bill S. 

3138—A Bill to Establish a Regulatory 

System for Marine Aquaculture in the 

United States Exclusive Economic Zone 

(EEZ). 

After lunch, the Mackerel Committee 

will convene to discuss the Coastal 

Migratory Pelagics (CMP) Landings 

Update; receive an update on Cobia 

catch per unit effort (CPUE) Indices and 

Scientific and Statistic Committee (SSC) 

recommendations; and, review Options: 

CMP Framework Amendment 7— 

Modifications to Gulf Cobia Size and 

Possession Limits. The Gulf SEDAR 

Committee will receive an overview of 

the revised SEDAR process; and review 

and finalize the 2020 and 2021 Gulf 

SEDAR Schedule. The Shrimp 

Committee will receive an update on 

Council request regarding shrimp effort 

threshold reduction in the area 

monitored for juvenile red snapper 

bycatch and SSC recommendations. The 

Spiny Lobster Committee will review 

and discuss the Spiny Lobster Landings 

and review Final Action: Spiny Lobster 

Amendment 13—Modifications to the 

Spiny Lobster Gear Requirements and 

Cooperative Management Procedures. 

Tuesday, August 21, 2018; 8:30 a.m.– 

5:30 p.m. 

The Reef Fish Management 

Committee will convene and review the 

Reef Fish Landings; review Final 

Action: Framework Action to Modify 

Red Snapper Acceptable Catch Limits 

(ACL) and Acceptable Catch Targets 

(ACT) and Gulf Hogfish ACLs. The 

committee will also review Draft 

Amendment 36B—Modifications to 

Commercial Individual Fishing Quota 

(IFQ) Programs and Final Action: 

Modification to the Recreational Red 

Snapper ACT Buffers. After lunch, the 

committee will discuss the Gulf of 

Mexico Allocation Review Triggers; 

compare the Council’s Allocation Policy 

with National Marine Fisheries Service 

(NMFS) Allocation Review Policy; 

review Scoping Document: Reallocation 

of the Red Snapper ACL and the revised 

Draft Amendment 50: State Management 

Program for Recreational Red Snapper 

and Individual State Amendments. 

Wednesday, August 22, 2018; 8:30 a.m.– 

5 p.m. 

The Reef Fish Committee will receive 

a presentation on the Great Red Snapper 

Count; and review the Scientific and 

Statistical Committee (SSC) Summary 

Report. The Data Committee will review 

the Gulf of Mexico 2017 Headboat 

Summary Report; and receive an update 

on Southeast For-Hire Electronic 

Reporting Programs (SEFHIER) 

Implementation Plan. 

Mid-morning (approximately 10:45 

a.m.), the Full Council will convene 

with a Call to Order, Announcements, 

and Introductions. The Council will 

hold the induction of new Council 

Members, followed by the Adoption of 

Agenda and Approval of Minutes. The 

Council will receive presentations on 

Highly Migratory Species (HMS) 

Amendment 11 regarding Shortfin Mako 

Sharks; and from Texas Law 

Enforcement. The Council will receive 

open public testimony from 1:30 p.m. 

until 5 p.m. on the following items: 

Final Action: Abbreviated Framework 

Action—Clarification of Fishing in 

HAPCs; Final Action: Framework 

Action to Modify Red Snapper ACLs 

and ACTs, and Gulf Hogfish ACLs; Final 

Action: Modification to the Recreational 

Red Snapper Annual Catch Target 

Buffers; Final Action: Spiny Lobster 

Amendment 13—Modifications to the 

Spiny Lobster Gear Requirements and 

Cooperative Management Procedures; 

and, on any other fishery issues or 

concerns. Anyone wishing to speak 

during public comment should sign in 

at the registration station located at the 

entrance to the meeting room. 


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