4544 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 

1See Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Initiation of 

Antidumping Duty New Shipper Reviews; 2013– 

2014, 79 FR 18666 (April 3, 2014). 

2See Memorandum to Gary Taverman, Senior 

Advisor for Antidumping and Countervailing Duty 

Operations, through James C. Doyle, Director, Office 

V, Antidumping and Countervailing Duty 

Operations, from Steven Hampton, International 

Trade Compliance Analyst, Office V, Antidumping 

and Countervailing Duty Operations, regarding 

Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Extension of Deadline for 

Preliminary Results of Antidumping Duty New 

Shipper Reviews of Nam Phuong Seafood Co., Ltd. 

and NTACO Corporation, dated August 20, 2014. 

3See Memorandum to Gary Taverman, Associate 

Deputy Assistant Secretary for Antidumping and 

Countervailing Duty Operations, through James C. 

Doyle, Director, Office V, Antidumping and 

Countervailing Duty Operations, from Steven 

Hampton, International Trade Compliance Analyst, 

Office V, Antidumping and Countervailing Duty 

Operations regarding Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam: Full 

Extension of Deadline for Preliminary Results of 

Antidumping Duty New Shipper Reviews of Nam 

Phuong Seafood Co., Ltd. and NTACO Corporation, 

dated October 29, 2014. 

4 Id. 

5Until July 1, 2004, these products were 

classifiable under HTSUS 0304.20.6030 (Frozen 

Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets, 

NESOI), 0304.20.6043 (Frozen Freshwater Fish 

Fillets) and 0304.20.6057 (Frozen Sole Fillets). 

Until February 1, 2007, these products were 

classifiable under HTSUS 0304.20.6033 (Frozen 

Fish Fillets of the species Pangasius, including basa 

and tra). On March 2, 2011, the Department added 

two HTSUS numbers at the request of U.S. Customs 

and Border Protection (‘‘CBP’’): 1604.19.2000 and 

1604 19.3000. On January 30, 2012, the Department 

added eight HTSUS numbers at the request of CBP: 

0304.62.0020, 0305.59.0000, 1604.19.2100, 

1604.19.3100, 1604.19.4100, 1604.19.5100, 

1604.19.6100 and 1604.19.8100. 

6See ‘‘Decision Memorandum for Preliminary 

Results of Antidumping Duty New Shipper 

Reviews: Certain Frozen Fish Fillets From the 

Socialist’s Republic of Vietnam’’ from Gary 

this proceeding in accordance with 19 

CFR 351.224(b). 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

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 the Department’s presumption 

that reimbursement of antidumping 

duties has occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. 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. 

We are issuing and publishing this 

administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: January 21, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I—Issues and Decision 

Memorandum 

List of Topics Discussed in the Final 

Decision Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of the Issues 

Comment 1: Surrogate Financial Ratios 

Comment 2: Surrogate Value for PET Chips 

& PET Flakes 

Comment 3: Surrogate Value for Truck 

Freight 

Comment 4: Surrogate Value for Brokerage 

& Handling 

Comment 5: Surrogate Value for Labor 

Comment 6: Value Added Tax 

Comment 7: Appropriate Comparison 

Method 

Comment 8: Ministerial Errors 

A. Direct Materials 

B. Foreign Inland Freight 

C. U.S. Brokerage and Handling 

Comment 9: Programming Errors 

A. Freight Charges—Raw Materials 

B. Domestic Movement 

C. International Movement 

D. VAT Offset 

Recommendation 

[FR Doc. 2015–01601 Filed 1–27–15; 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 Intent to Rescind 

Antidumping Duty New Shipper 

Reviews; 2013–2014 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting new 

shipper reviews of the antidumping 

duty order on certain frozen fish fillets 

(‘‘fish fillets’’) from the Socialist 

Republic of Vietnam (‘‘Vietnam’’). The 

period of review is August 1, 2013, 

through January 31, 2014. The review 

covers two companies that are 

producers and exporters of subject 

merchandise, Nam Phuong Seafood Co., 

Ltd. (‘‘Nam Phuong’’) and NTACO 

Corporation (‘‘NTACO’’). The 

Department preliminarily determines 

that Nam Phuong’s and NTACO’s sales 

to the United States were not bona fide 

and is preliminarily rescinding these 

new shipper reviews. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Effective Date: January 28, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey (Nam Phuong) or 

Steven Hampton (NTACO), AD/CVD 

Operations, Office V, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–2312 or (202) 482– 

0116, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 3, 2014, the Department 

published notice of initiation of new 

shipper reviews of fish fillets from 

Vietnam for the period August 1, 2013, 

through January 31, 2014.1 On August 

20, 2014, the Department partially 

extended the deadline for issuing the 

preliminary results by 60 days.2 On 

October 29, 2014, the Department fully 

extended the deadline for issuing the 

preliminary results by an additional 60 

days.3 The revised deadline for the 

preliminary results of these new shipper 

reviews is January 20, 2015.4

Scope of the Order 

The product covered by the order is 

frozen fish fillets, including regular, 

shank, and strip fillets and portions 

thereof, whether or not breaded or 

marinated, of the species Pangasius 

Bocourti, Pangasius Hypophthalmus 

(also known as Pangasius Pangasius) 

and Pangasius Micronemus. These 

products are classifiable under tariff 

article codes 0304.29.6033, 

0304.62.0020, 0305.59.0000, 

0305.59.4000, 1604.19.2000, 

1604.19.2100, 1604.19.3000, 

1604.19.3100, 1604.19.4000, 

1604.19.4100, 1604.19.5000, 

1604.19.5100, 1604.19.6100 and 

1604.19.8100 (Frozen Fish Fillets of the 

species Pangasius including basa and 

tra) of the Harmonized Tariff Schedule 

of the United States (‘‘HTSUS’’).5

Although the HTSUS subheading is 

provided for convenience and customs 

purposes, our written description of the 

scope of the order is dispositive.6

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 4545 

Taverman, Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty Operations, 

to Paul Piquado, Assistant Secretary for 

Enforcement and Compliance, dated January 20, 

2015 (‘‘Preliminary Decision Memorandum’’), 

which is hereby adopted by this notice, for a 

complete description of the Scope of the Order. 

7On November 24, 2014, Enforcement and 

Compliance changed the name of its centralized 

electronic service system to ACCESS. The Web site 

location was changed from http://iaaccess.trade.gov 

to http://access.trade.gov. The Final Rule changing 

the references to the centralized electronic service 

system to ACCESS in the Department’s regulations 

can be found at 79 FR 69046 (November 20, 2014). 

8See Memorandum to James C. Doyle, Director, 

Office V, Antidumping and Countervailing Duty 

Operations, through Scot T. Fullerton, Program 

Manager, Office V, Antidumping and 

Countervailing Duty Operations, From Matthew 

Renkey, Senior International Trade Compliance 

Analyst, Office V, titled ‘‘New Shipper Review of 

Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Bona Fide Nature of Nam 

Phuong Seafood Co., Ltd.’s Sale,’’ dated 

concurrently and hereby adopted by this notice; 

Memorandum to James C. Doyle, Director, Office V, 

Antidumping and Countervailing Duty Operations, 

through Scot T. Fullerton, Program Manager, Office 

V, Antidumping and Countervailing Duty 

Operations, from Steven Hampton, International 

Trade Compliance Analyst, Office V, titled ‘‘New 

Shipper Review of Certain Frozen Fish Fillets From 

the Socialist Republic of Vietnam: Bona Fide Nature 

of NTACO Corporation’s Sale,’’ dated concurrently 

and hereby adopted by this notice. 

9See 19 CFR 351.224(b). 

10See 19 CFR 351.309(c)(1)(ii). Parties submitting 

written comments must submit them pursuant to 

the Department’s e-filing regulations. See http://

enforcement.trade.gov/download/access/

home.html. 

11See 19 CFR 351.309(d)(1)–(2). 

12See 19 CFR 351.310(c). 

13See 19 CFR 351.310(d). 

14See 19 CFR 351.212(c). 

15 In the third administrative review, the 

Department determined that it would calculate perunit assessment and cash deposit rates for all future 

reviews. See Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Final Results of 

Antidumping Duty Administrative Review and 

Partial Rescission, 73 FR 15479 (March 24, 2008). 

16See 19 CFR 351.106(c)(2). 

Methodology 

The Department is conducting these 

reviews in accordance with section 

751(a)(2)(B) of the Tariff Act of 1930, as 

amended (‘‘the Act’’) and 19 CFR 

351.214. 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’’).7

ACCESS is available to registered users 

at http://access.trade.gov and in the 

Central Records Unit, room 7046 of the 

main Department of Commerce 

building. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

on the internet at http://www.trade.gov/ 

enforcement/. The signed Preliminary 

Decision Memorandum and the 

electronic versions of the Preliminary 

Decision Memorandum are identical in 

content. 

Bona Fides Analysis 

As discussed in the bona fides 

memos, the Department preliminarily 

finds that the sales by Nam Phuong and 

NTACO are not bona fide, and that these 

sales do not provide a reasonable or 

reliable basis for calculating dumping 

margins.8 With respect to Nam Phuong, 

the Department reached this conclusion 

based on the totality of circumstances, 

namely: (a) The atypical nature of Nam 

Phuong’s price; (b) the atypical 

involvement of other entities in the sale; 

(c) atypical circumstances surrounding 

production; and (d) late payment. With 

respect to NTACO, the Department 

reached this conclusion based on the 

totality of circumstances, namely: (a) 

The atypical nature of NTACO’s price; 

(b) the atypical involvement of another 

entity in the sale; (c) atypical 

circumstances surrounding production; 

and (d) late payment. Because these 

non-bona fide sales were the only sales 

of subject merchandise that Nam 

Phuong and NTACO made during the 

POR, the Department is preliminarily 

rescinding these new shipper reviews. 

Disclosure and Public Comments 

The Department will disclose analysis 

performed to parties to the proceeding 

within five days after the date of 

publication of this notice.9

Interested parties are invited to 

comment on the preliminary results of 

these reviews. Interested parties may 

submit case briefs no later than 30 days 

after the date of publication of the 

preliminary results.10 Rebuttal briefs, 

limited to issues raised in case briefs, 

may be filed no later than five days after 

the time limit for filing the case briefs.11

Any interested party may request a 

hearing within 30 days of publication of 

the preliminary results in the Federal 

Register.12 Hearing requests should 

contain the following information: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations will 

be limited to issues raised in the briefs. 

If a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing to be held at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230.13

The Department intends to issue the 

final results of these new shipper 

reviews, which will include the results 

of its analysis of issues raised in all 

comments and at any hearing, within 90 

days of publication of these preliminary 

results, pursuant to section 

751(a)(2)(B)(iv) of the Act. 

Assessment Rates 

Upon completion of the final results, 

pursuant to 19 CFR 351.212(b), the 

Department will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries. If we proceed to a 

final rescission of these new shipper 

reviews, Nam Phuong’s and NTACO’s 

entries will be assessed at the rate 

entered.14 If we do not proceed to a final 

rescission of these new shipper reviews, 

pursuant to 19 CFR 351.212(b)(1), we 

will calculate importer-specific (or 

customer) assessment rates on a per unit 

basis.15 We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by these reviews if any 

importer-specific assessment rate 

calculated in the final results of these 

reviews is above de minimis.16

In either case, the Department intends 

to issue assessment instructions to CBP 

15 days after the date of publication of 

the final results in the Federal Register. 

The final results of these reviews shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of these reviews and for future deposits 

of estimated duties, where applicable. 

Cash Deposit Requirements 

Effective upon publication of the final 

rescission or the final results of these 

new shipper reviews, pursuant to 

section 751(a)(2)(B)(iii) of the Act and 

19 CFR 351.214(e), the Department will 

instruct CBP to discontinue the option 

of posting a bond or security in lieu of 

a cash deposit for entries of subject 

merchandise by Nam Phuong and 

NTACO. If the Department proceeds to 

a final rescission of these new shipper 

reviews, the cash deposit rate will 

continue to be the per-unit Vietnamwide rate for Nam Phuong and NTACO 

because the Department will not have 

determined an individual margin of 

dumping for Nam Phuong and NTACO. 

If the Department issues final results for 

these new shipper reviews, the 

Department will instruct CBP to collect 

cash deposits, effective upon the 

publication of the final results, at the 

rates established therein. 

Notification to Interested Parties 

This notice serves as a preliminary 

reminder to importers of their 

mstockstill on DSK4VPTVN1PROD with NOTICES

4546 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 

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 the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

We are issuing and publishing this 

determination in accordance with 

sections 751(a)(2)(B) and 777(i)(1) of the 

Act. 

Dated: January 20, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Bona Fides Analysis 

5. Conclusion 

[FR Doc. 2015–01599 Filed 1–27–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD738 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of final determination 

and discussion of underlying biological 

analysis. 

SUMMARY: NMFS has evaluated the joint 

resource management plan (RMP), 

represented by five Hatchery and 

Genetic Management Plans (HGMPs), 

submitted by the Lower Elwha Klallam 

Tribe and the Washington Department 

of Fish and Wildlife to NMFS pursuant 

to the limitation on take prohibitions for 

actions conducted under Limit 6 of the 

4(d) Rule for salmon and steelhead 

promulgated under the Endangered 

Species Act (ESA). The plans specify 

the propagation of five species of 

salmon and steelhead in the Elwha 

River of Washington state. This 

document serves to notify the public 

that NMFS, by delegated authority from 

the Secretary of Commerce, has 

determined pursuant to Limit 6 of the 

ESA 4(d) Rule for salmon and steelhead 

that implementing and enforcing the 

RMP will not appreciably reduce the 

likelihood of survival and recovery of 

ESA-listed Puget Sound Chinook 

salmon and Puget Sound steelhead. 

DATES: The final determination on the 

plans was made on January 9, 2015. 

ADDRESSES: Written responses to the 

determination should be sent to 

Sustainable Fisheries Division, 1201 

NE., Lloyd Boulevard, Suite 1100, 

Portland, OR 97232. 

FOR FURTHER INFORMATION CONTACT: Tim 

Tynan at (360) 753–9579 or email: 

tim.tynan@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This 

Notice 

Chinook salmon (Oncorhynchus 

tshawytscha): threatened, Puget Sound, 

naturally produced and artificially 

propagated. 

Steelhead (O. mykiss): threatened, 

Puget Sound, naturally produced and 

artificially propagated. 

Background 

The plans describe hatchery 

operations intended to protect five 

species of salmon and steelhead (two of 

them ESA-listed) during the removal of 

two dams on the Elwha River, and 

subsequent propagation intended to 

enhance the rebuilding of those 

salmonid species. Four of the plans are 

submitted by the Lower Elwha Klallam 

Tribe, and one by the Washington 

Department of Fish and Wildlife 

(WDFW); the plans were developed 

jointly by the Tribe and the WDFW. 

NMFS has determined that 

implementing and enforcing the RMP 

will not appreciably reduce the 

likelihood of survival and recovery of 

ESA-listed Puget Sound Chinook 

salmon or Puget Sound steelhead. 

As required by § 223.203(b)(6) of the 

ESA 4(d) Rule, NMFS must determine 

pursuant to 50 CFR 223.209 and 

pursuant to the government-togovernment processes therein whether 

the RMP for Elwha River basin 

hatcheries would appreciably reduce 

the likelihood of survival and recovery 

of the Puget Sound Chinook Salmon 

ESU or Puget Sound Steelhead DPS. 

NMFS must take comments on how the 

RMP addresses the criteria in 

§ 223.203(b)(5) in making that 

determination. 

Discussion of the Biological Analysis 

Underlying the Determination 

The proposed hatchery activities 

described in the RMP are intended to 

conserve salmon and steelhead 

populations in the Elwha River basin 

during operations to remove two dams 

on the Elwha River, and for a period of 

time after the dams have been removed, 

as the salmonid habitat is restored. The 

RMP provides the framework through 

which the Lower Elwha Klallam Tribe 

and the State of Washington can jointly 

manage Elwha River salmon and 

steelhead hatchery, monitoring, and 

evaluation activities while meeting 

requirements specified under the ESA. 

The proposed action covers continued 

operation of the five hatchery programs 

over the initial phases of fish restoration 

in the Elwha River—the preservation 

and recolonization phases—with 

transitions between phases gauged by 

achievement of population viability 

parameters for listed Chinook salmon 

and steelhead. Using native Elwha River 

fish as broodstock, the programs would 

continue to be operated to minimize any 

impacts on genetic integrity of the 

natural salmon and steelhead 

populations while providing the 

intended benefits. The benefits include 

preserving and assisting in the 

recolonization of the indigenous 

populations of Elwha River salmon and 

steelhead in the wake of dam removal 

when natural productivity conditions 

will be poor. The hatchery programs 

would add marine-derived nutrients to 

the aquatic and terrestrial ecosystems 

above Glines Canyon Dam, which were 

inaccessible to salmon and steelhead 

from the early 1900s until completion of 

dam removal in 2014. The programs 

would increase total and natural-origin 

abundance and spatial structure of the 

Chinook salmon and steelhead 

populations as hatchery-origin fish of 

the same native lineage return to spawn 

naturally with fish produced naturally, 

and as new habitat becomes available. 

The hatchery programs would protect 

the Elwha River salmon and steelhead 

populations when turbidity and bedload 

movement levels are high and 

detrimental to natural-origin fish 

survival due to dam removal activities. 

The proposed plans are interrelated and 

interdependent through shared 

population preservation and 

recolonization objectives and effects, 

broodstock collection locations and 

actions, fish rearing and release sites, 

monitoring and evaluation actions, and 

funding sources. 

The RMP includes provisions for 

annual reports that will assess 

compliance with performance standards 

established through the RMP. Reporting 

and inclusion of new information 

derived from RMP research, monitoring, 

and evaluation activities provides 

assurance that performance standards 

will be achieved in future seasons. 

mstockstill on DSK4VPTVN1PROD with NOTICES