[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50698-50701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19519]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


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

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that NTSF Seafoods Joint Stock Company (NTSF), a producer and exporter 
of frozen fish fillets (fish fillets) from the Socialist Republic of 
Vietnam (Vietnam) did not make sales of subject merchandise at prices 
below normal value (NV) during the period of review (POR) August 1, 
2019, through July 31, 2020. Commerce also preliminarily determines 
that it is appropriate to apply facts available, with adverse 
inferences (AFA) to East Sea Seafoods

[[Page 50699]]

Joint Stock Company (ESS), an exporter of fish fillets from Vietnam. We 
also preliminarily determine 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. Finally, we are rescinding this review with 
respect to 13 companies. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable September 10, 2021.

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 October 6, 2020, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the antidumping 
duty (AD) order on fish fillets from Vietnam with respect to 63 
companies.\1\ On January 8, 2021, we selected the two largest 
exporters, ESS and NTSF, as mandatory respondents.\2\ On April 5, 2021, 
Commerce extended the deadline for these preliminary results by 120 
days, to August 31, 2021.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ See Memorandum, ``Respondent Selection,'' dated January 8, 
2021. For purposes of this figure, we note that eight companies are 
part of a single entity known as the ``Hung Vuong Group,'' three 
companies form part of a single entity known as ``QVD Aquaculture 
Joint Stock Company,'' and three companies form part of a single 
entity known as ``Vinh Hoan Corporation.''
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review,'' 
dated April 5, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as an Appendix to this notice. 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). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam; 2019-2020,'' 
dated August 31, 2021 (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are fish fillets from Vietnam. 
For a full description of the scope of the order, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the date of 
publication of the notice of initiation. As noted above, all interested 
parties timely withdrew their requests for review for 13 companies. 
Accordingly, Commerce is rescinding this review with respect to these 
13 entities, in accordance with 19 CFR 351.213(d)(1).\5\ The review 
will continue with respect to the other firms for which a review was 
requested and initiated.
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    \5\ See Appendix II for a list of companies for which we are 
rescinding this review.
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Preliminary Determination of No Shipments

    Based on an analysis of information from U.S. Customs and Border 
Protection (CBP) and the letters filed by 15 companies certifying no 
shipments, Commerce preliminarily determines that these companies had 
no shipments during the POR.\6\ For additional information regarding 
this finding, see the Preliminary Decision Memorandum.
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    \6\ See Appendix III for a complete list of companies with no 
shipments during the POR.
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    Consistent with our assessment practice in non-market economy (NME) 
administrative reviews, Commerce is not rescinding this review for 
these 15 companies, but intends to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Separate Rates

    Commerce preliminarily determines that information placed on the 
record by mandatory respondents ESS and NTSF, and the separate rate 
applicant Green Farms, demonstrates that these companies are entitled 
to separate rate status. The remaining 32 companies subject to this 
review have not established eligibility for a separate rate and are, 
therefore, considered to be part of the Vietnam-wide entity for these 
preliminary results.\8\ For additional information, see the Preliminary 
Decision Memorandum.
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    \8\ See Appendix IV for a complete list of companies not 
eligible for a separate rate.
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Vietnam-Wide Entity

    The Vietnam-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the Vietnam-wide entity, 
the entity is not under review, and the entity's rate is not subject to 
change.\9\
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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    Other than the companies discussed above--i.e., those that received 
separate rate status, those with no shipments during the POR, or those 
for which this review has been rescinded--Commerce considers all other 
companies under review to be part of the Vietnam-wide entity. For 
additional information, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and 751(a)(2) of the Act. We have calculated constructed 
export price in accordance with section 772 of the Act. Because Vietnam 
is an NME country within the meaning of section 771(18) of the Act, we 
have calculated NV in accordance with section 773(c) of the Act. For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Use of Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce has 
preliminarily assigned ESS a dumping margin of $3.87/kg 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 the 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

[[Page 50700]]

information request by the applicable deadline, pursuant to section 
776(b) of the Act. For further information, see ``Application of Facts 
Available and Use of Adverse Inferences'' in the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2019, through 
July 31, 2020:
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    \10\ 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.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                     margin (dollars
                                                          per kilogram)
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NTSF Seafoods Joint Stock Company.....................          $0.00/kg
East Sea Seafoods Joint Stock Company.................        * $3.87/kg
Review-Specific Rate Applicable to the Following
 Company: \10\
Green Farms Seafood Joint Stock Company...............           1.94/kg
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* This rate was determined wholly under section 776(d) of the Act.

Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice, in accordance with 19 CFR 
351.224(b). Case briefs or other written comments may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of these preliminary results, unless 
the Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
review are encouraged to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Case and rebuttal briefs should be filed using ACCESS.\12\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\13\
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2021).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce will announce the date and time of the hearing. Parties should 
confirm by telephone the date and time of the hearing two days before 
the scheduled date.
    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of our analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\14\
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    \14\ See 19 CFR 351.212(b).
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    If NTSF's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, 
Commerce will calculate importer-specific (or customer-specific) 
assessment rates for NTSF, in accordance with 19 CFR 351.212(b)(1). 
Specifically, Commerce intends to calculate an importer-specific (or 
customer-specific) per-unit assessment rate by dividing the amount of 
dumping for reviewed sales to the importer or customer by the total 
sales quantity associated with those transactions. Where either NTSF's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific or customer-specific ad valorem assessment rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\15\ For any NTSF entries that were not 
reported in the U.S. sales databases submitted by NTSF, Commerce will 
instruct CBP to liquidate such entries at the Vietnam-wide rate.
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    \15\ See 19 CFR 351.106(c)(2).
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    If Commerce continues to determine 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.
    For any respondent that was not selected for individual examination 
in this administrative review, but which qualified for a separate rate, 
i.e., Green Farms, we will instruct, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise at the rate of 
$1.94 per kilogram.
    Commerce intends to issue 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Act: (1) For the companies listed above that have a 
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
(except, if the rate is de minimis, then cash deposit rate will be 
zero); (2) for previously-examined Vietnamese and non-Vietnamese 
exporters not listed above that at the time of entry are eligible for a 
separate rate 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 
at the time of entry, 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 at the time of entry 
are not eligible for a separate 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 preliminary 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 the POR. Failure to comply with this 
requirement

[[Page 50701]]

could result in Commerce's presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.213.

    Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Standing
V. Partial Rescission of Review
VI. Preliminary Determination of No Shipments
VII. Application of Facts Available and Adverse Inferences
VIII. Discussion of the Methodology
IX. Recommendation

Appendix II--Companies for Which We Are Rescinding the Review

1. Ben Tre Aquaproduct Import and Export Joint Stock Company (aka 
Bentre Aquaproduct)
2. Bien Dong Hau Giang Seafood Joint Stock Company (aka Bien Dong HG 
or Bien Dong Hau Giang Seafood Joint Stock Co.)
3. Bien Dong Seafood Company Ltd. (aka Bien Dong, Bien Dong Seafood, 
Bien Dong Seafood Co., Ltd., Biendong Seafood Co., Ltd., or Bien 
Dong Seafood Limited Liability Company)
4. Fatifish Company Limited (aka FATIFISH or FATIFISHCO)
5. GODACO Seafood Joint Stock Company (aka GODACO, GODACO Seafood, 
GODACO_SEAFOOD, or GODACO Seafood J.S.C.)
6. Golden Quality Seafood Corporation (aka Golden Quality, 
GoldenQuality, or GoldenQuality Seafood Corporation)
7. Hung Vuong-Mien Tay Aquaculture Corporation (aka HVMT or Hung 
Vuong Mien Tay Aquaculture Joint Stock Company)
8. Hung Vuong Seafood Joint Stock Company
9. International Development & Investment Corporation (aka IDI or 
International Development and Investment Corporation)
10. Nha Trang Seafoods, Inc. (aka Nha Trang Seafoods, Nha Trang 
Seafoods-F89, or Nha Trang Seaproduct Company)
11. Seavina Joint Stock Company (aka Seavina)
12. Thanh Binh Dong Thap One Member Company Limited (aka Thanh Binh 
Dong Thap or Thanh Binh Dong Thap Ltd.)
13. Vinh Hoan Corporation (aka Vinh Hoan, Vinh Hoan Co., or Vinh 
Hoan Corp.) \16\
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    \16\ The Vinh Hoan Corporation is a single entity that also 
includes Van Duc Food Export Joint Stock Company and Van Duc Tien 
Giang Food Export Company.
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Appendix III--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 \17\
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    \17\ 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) \18\
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    \18\ 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 IV--Companies Not Eligible for a Separate Rate

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 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. 2021-19519 Filed 9-9-21; 8:45 am]
BILLING CODE 3510-DS-P