[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 15912-15915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that NTSF 
Seafoods Joint Stock Company (NTSF), an exporter of certain frozen fish 
fillets (fish fillets) from the Socialist Republic of Vietnam 
(Vietnam), did not sell subject merchandise in the United States at 
prices below normal value during the period of review (POR) August 1, 
2019, through July 31, 2020. Commerce also determines that it is 
appropriate to apply facts available, with adverse inferences (AFA), to 
East Sea Seafoods Joint Stock Company (ESS), an exporter of fish 
fillets from Vietnam. Further, Commerce determines that one additional 
company, Green Farms Seafood Joint Stock Company (Green Farms), is 
eligible for separate rate status, 32 companies did not establish 
eligibility for a separate rate and are part of the Vietnam-wide 
entity, and 15 companies had no shipments during the POR.

DATES: Applicable March 21, 2022.

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 
and (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2021, Commerce published the preliminary results 
of this administrative review and invited interested parties to 
comment.\1\ On November 16, 2021, Green Farms, the petitioners,\2\ and 
Colorado Boxed Beef Company (CBBC) \3\ submitted case briefs.\4\ On 
November 29, 2021, the petitioners, CBBC, Nam Viet Corporation (NAVICO) 
\5\ and NTSF submitted rebuttal briefs.\6\
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments, and Partial 
Rescission of Antidumping Duty Administrative Review; 2019-2020, 86 
FR 50698 (September 10, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ The 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 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. (collectively, the petitioners).
    \3\ CBBC is a domestic wholesaler of fish fillets.
    \4\ See Green Farm's Letter, ``AR17 Case Brief on Behalf of 
Green Farms Seafood Joint Stock Company,'' dated November 16, 2021; 
Petitioners' Letter, ``Case Brief of the Catfish Farmers of America, 
et al.,'' dated November 16, 2021; and CBBC's Letter, ``AR17 Case 
Brief on behalf of Colorado Boxed Beef Company,'' dated November 16, 
2021.
    \5\ NAVICO is an exporter of fish fillets from Vietnam.
    \6\ See NAVICO's Letter, ``Rebuttal Brief of Nam Viet 
Corporation,'' dated November 29, 2021; see also CBBC's Letter, 
``Colorado Boxed Beef Company Rebuttal to CFA's Case Brief,'' dated 
November 29, 2021; NTSF's Letter, ``Rebuttal Brief,'' dated November 
29, 2021; and Petitioners' Letter, ``Rebuttal Brief of the Catfish 
Farmers of America, et al.,'' dated November 29, 2021.
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    On December 22, 2021, we extended the deadline for issuance of 
these final results to March 9, 2022.\7\ In February 2022, we requested 
that the petitioners refile a submission made prior to the Preliminary 
Results after revising their bracketing of certain information 
designated as business proprietary information, and we permitted 
interested parties to comment on the newly public information.\8\ On 
February 15, 2022, we held a public hearing.\9\
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    \7\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 22, 2021.
    \8\ See Memorandum, ``Refiled Submission--Rebuttal Factual 
Information,'' dated February 2, 2022; see also CBBC's Letter, 
``Colorado Boxed Beef Company Response to Petitioners' Revised 
Double Bracket Submission,'' dated February 7, 2022; NAVICO's 
Letter, ``Rebuttal Comments on Previously Double Bracketed 
Submission,'' dated February 7, 2022; Petitioners' Letter, ``Reply 
to Navico's and CBBC's February 7, 2022, Rebuttal Comments,'' dated 
February 10, 2022; and CBBC's Letter, ``CBBC Comments on Navico's 
Double Bracket Comments,'' dated February 10, 2022.
    \9\ See Transcript, ``United States of America, Department of 
Commerce, Enforcement and Compliance: Public Hearing in the Matter 
of: the Administrative Review of the Antidumping Order on Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam,'' dated 
February 15, 2022.
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Scope of the Order <SUP>10</SUP>
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    \10\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (Order).
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    The products covered by the Order are 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. For a complete description of the scope of this 
order, see the Issues and Decision Memorandum.\11\
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    \11\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum), at 3.
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed by interested parties in the Issues and Decision Memorandum. 
Attached to this notice, in Appendix I, is a list of the issues which 
parties raised. The Issues and 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 http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
15 companies had no shipments of subject merchandise during the 
POR.\12\ Following the publication of the Preliminary Results, we 
received no comments from interested parties regarding 14 of these 
companies, nor

[[Page 15913]]

has any party submitted record evidence which would call our 
preliminary no shipment determination into question for these 
companies. Therefore, for these final results, we find that these 14 
companies had no shipments during the POR. For a list of the companies 
for which we made a no-shipment determination in these final results, 
see Appendix II.
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    \12\ See Preliminary Results, 86 FR at 50699.
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    With respect to the remaining company, NAVICO, we received comments 
from interested parties requesting that Commerce reevaluate our no-
shipment determination. However, for the reasons explained in the 
Issues and Decision Memorandum, Commerce also continues to find that 
NAVICO had no shipments during the POR.\13\
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    \13\ See Issues and Decision Memorandum at Comment 9.
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    Consistent with our practice, we will issue appropriate 
instructions to Customs and Border Protection (CBP).\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Separate Rates

    We continue to find that the non-individually-examined exporter 
Green Farms and individually-examined respondents ESS and NTSF have 
demonstrated eligibility for separate rates.\15\ As noted below, we 
have assigned Green Farms the average of the rates established for ESS 
and NTSF, consistent with our practice in administrative reviews and 
section 735(c)(5)(B) of the Tariff Act of 1930, as amended (the 
Act).\16\
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    \15\ See Issues and Decision Memorandum at Comments 6 and 7.
    \16\ Id. at Comment 8.
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Vietnam-Wide Entity

    In the Preliminary Results, Commerce found that certain additional 
companies for which a review was requested did not establish 
eligibility for a separate rate.\17\ We have received no information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering this preliminary finding. Therefore, Commerce continues 
to find that these companies are part of the Vietnam-wide entity.\18\
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    \17\ See Preliminary Results, 86 FR at 50699.
    \18\ See Appendix III.
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Use of Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce has 
assigned ESS a dumping margin of $3.87 per kilogram based on AFA. ESS 
ceased participating in this review and did not provide information 
requested by Commerce; accordingly, we find that necessary information 
is not available on the record, ESS failed to provide the requested 
information in the form and manner requested and significantly impeded 
the proceeding, pursuant to section 776(a) of the Act. Additionally, we 
find that ESS had necessary information in its possession and elected 
not to submit the information and, thus, ESS did not act to the best of 
its ability in responding to Commerce's information request by the 
applicable deadline, pursuant to section 776(b) of the Act. For further 
information, see Comment 6 in the Issues and Decision Memorandum.

Changes Since the Preliminary Results

    We made no changes from the Preliminary Results.

Final Results of Administrative Review

    The weighted-average dumping margins for the final results of this 
administrative review are as follows:

------------------------------------------------------------------------
                                                    Weighted- average
                    Exporter                          dumping margin
                                                  (dollars per kilogram)
------------------------------------------------------------------------
NTSF Seafoods Joint Stock Company..............                     0.00
East Sea Seafoods Joint Stock Company..........                   * 3.87
Review-Specific Rate Applicable to the
 Following Company: \19\
    Green Farms Seafood Joint Stock Company....                     1.94
------------------------------------------------------------------------
* This rate was determined wholly under section 776 of the Act.

Assessment Rates
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    \19\ This rate is based on an average of the rates assigned to 
ESS and NTSF, pursuant to section 735(c)(5)(B) of the Act.
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    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue appropriate 
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).
    For NTSF, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. Pursuant to Commerce's assessment 
practice, for entries of NTSF's merchandise that were not reported in 
the U.S. sales data submitted by NTSF during this review, Commerce will 
instruct CBP to liquidate such entries at the Vietnam-wide entity rate.
    Because Commerce determined ESS's margin on the basis of AFA in the 
final results of this review, Commerce will instruct, and CBP shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise at the rate of $3.87 per kilogram. Because we assigned a 
rate of $1.94 per kilogram to Green Farms in the final results of this 
review, we will instruct, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise at the rate of $1.94 per 
kilogram.
    Where we determined that an exporter under review had no shipments 
of the subject merchandise to the United States during the POR, any 
suspended entries that entered during the POR under that exporter's CBP 
case number will be liquidated at a rate of $2.39 per kilogram, the 
rate for the Vietnam-wide entity, consistent with Commerce's assessment 
practice.\20\ Likewise, for companies that were found to be ineligible 
for a separate rate, we will instruct CBP to liquidate entries of 
subject merchandise exported by such companies at a rate of $2.39 per 
kilogram, the rate for the Vietnam-wide entity.
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    \20\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication

[[Page 15914]]

date, as provided for by section 751(a)(2)(C) of the Act: (1) For the 
companies listed above, the cash deposit rate will be equal to the 
dumping margin established in the final results of this review (except, 
if the rate is zero or de minimis, then the cash deposit rate will be 
zero); (2) for previously examined Vietnamese and non-Vietnamese 
exporters not listed above that maintain separate rates based on a 
prior completed segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific cash deposit rate; (3) 
for all Vietnamese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
that for the Vietnam-wide entity (i.e., $2.39 per kilogram); and (4) 
for all non-Vietnamese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Vietnamese exporter that supplied that non-Vietnamese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: March 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
    Comment 1: Colorado Boxed Beef Company (CBBC)'s Standing to 
Request a Review
    Comment 2: Whether to Calculate a Margin for NTSF Seafoods Joint 
Stock Company (NTSF)
    Comment 3: Unit for NTSF's Reported Fingerling Consumption
    Comment 4: Whether to Grant NTSF's Dead Fish and Fish Fat By-
Product Offsets
    Comment 5: Whether to Rely on NTSF's Reported Water Allocation 
Methodology
    Comment 6: Whether to Apply Adverse Facts Available (AFA) to 
East Sea Seafoods (ESS)
    Comment 7: Separate-Rate Status for Green Farms Seafood (Green 
Farms)
    Comment 8: Selection of a Separate Rate
    Comment 9: Nam Viet Corporation (NAVICO) and Its Affiliation 
with Company X
    Comment 10: Selection of Surrogate Country
VI. Recommendation

Appendix II

Companies With No Shipments During the POR

1. Ben Tre Forestry and Aquaproduct Import-Export Joint Stock 
Company (aka Faquimex, or Ben Tre)
2. C.P. Vietnam Corporation
3. Cafatex Corporation (aka Cafatex)
4. Cantho Import-Export Seafood Joint Stock Company (aka CASEAMEX, 
Cantho Import Export Seafood Joint Stock Company, Cantho Import-
Export Joint Stock Company, Can Tho Import Export Seafood Joint 
Stock Company, Can Tho Import-Export Seafood Joint Stock Company, or 
Can Tho Import-Export Joint Stock Company)
5. Colorado Boxed Beef Company (aka CBBC)
6. Dai Thanh Seafoods Company Limited (aka DATHACO)
7. The Great Fish Company LLC
8. Hai Huong Seafood Joint Stock Company (aka HHFish, HH Fish, or 
Hai Huong Seafood)
9. Hung Vuong Group \21\
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    \21\ Hung Vuong Group is a single entity comprised of the 
following individual companies: (1) An Giang Fisheries Import and 
Export Joint Stock Company; (2) Asia Pangasius Company Limited; (3) 
Hung Vuong Ben Tre Seafood Processing Company Limited; (4) Europe 
Joint Stock Company; (5) Hung Vuong-Sa Dec Co., Ltd.; (6) Hung 
Vuong-Vinh Long Co. Ltd.; (7) Hung Vuong Corporation; and (8) Hung 
Vuong Mascato Company Limited.
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10. Nam Viet Corporation (aka NAVICO)
11. PREFCO Distribution LLC
12. QMC Foods, Inc.
13. Riptide Foods
14. QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD 
Aquaculture) \22\
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    \22\ QVD is a single entity that also includes QVD Dong Thap 
Food Co., Ltd. and Thuan Hung Co., Ltd.
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15. Vinh Quang Fisheries Corporation (aka Vinh Quang, Vinh Quang 
Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh 
Quang Fisheries Co., Ltd.)

Appendix III

Vietnam-Wide Entity

1. Anchor Seafood Corp.
2. An Phat Import-Export Seafood Co., Ltd. (aka An Phat Seafood Co. 
Ltd. or An Phat Seafood Co., Ltd.)
3. Anvifish Joint Stock Company (aka Anvifish, Anvifish JSC, or 
Anvifish Co., Ltd.)
4. Basa Joint Stock Company (aka BASACO)
5. Binh Dinh Import Export Company (aka Binh Dinh)
6. Cadovimex II Seafood Import-Export and Processing Joint Stock 
Company (aka Cadovimex II)
7. Can Tho Animal Fishery Products Processing Export Enterprise
8. Cuu Long Fish Import-Export Corporation (aka CL Panga Fish)
9. Cuu Long Fish Joint Stock Company (aka CL-Fish, CL-FISH CORP, or 
Cuu Long Fish Joint Stock Company)
10. GF Seafood Corp.
11. Go Dang An Hiep One Member Limited Company
12. Go Dang Ben Tre One Member Limited Liability Company
13. Hoa Phat Seafood Import-Export and Processing J.S.C. (aka 
HOPAFISH, Hoa Phat Seafood Import-Export and Processing Joint Stock 
Company, Hoa Phat Seafood Import-Export and Processing JSC)
14. Hoang Long Seafood Processing Company Limited (aka HLS)
15. Indian Ocean One Member Company Limited (aka Indian Ocean Co., 
Ltd.)
16. Lian Heng Investment Co., Ltd. (aka Lian Heng or Lian Heng 
Investment)
17. Lian Heng Trading Co., Ltd. (aka Lian Heng or Lian Heng Trading)
18. Nam Phuong Seafood Co., Ltd. (aka Nam Phuong, or NAFISHCO)
19. New Food Import, Inc.
20. NTACO Corporation (aka NTACO)
21. Seafood Joint Stock Company No. 4 (aka SEAPRIEXCO No. 4)
22. Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries 
Processing Company (aka DOTASEAFOODCO or Seafood Joint Stock Company 
No. 4--Branch Dong Tam Fisheries Processing Company)
23. Southern Fishery Industries Company, Ltd. (aka South Vina)
24. Thanh Hung Co., Ltd. (aka Thanh Hung Frozen Seafood Processing 
Import Export Co., Ltd.)
25. Thien Ma Seafood Co., Ltd (aka THIMACO)
26. Thuan An Production Trading and

[[Page 15915]]

Service Co., Ltd. (aka TAFISHCO)
27. To Chau Joint Stock Company (aka TOCHAU, TOCHAU JSC, or TOCHAU 
Joint Stock Company)
28. Viet Hai Seafood Company Limited (aka Viet Hai)
29. Viet Phu Foods and Fish Corporation (aka Vietphu)
30. Viet Phu Foods & Fish Co., Ltd.
31. Vietnam Seaproducts Joint Stock Company (aka Seaprodex or 
Vietnam Seafood Corporation--Joint Stock Company)
32. Vinh Long Import-Export Company (aka Vinh Long)

[FR Doc. 2022-05859 Filed 3-18-22; 8:45 am]
BILLING CODE 3510-DS-P