71748 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 

16For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 17See id. 

1See Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Preliminary Intent 

To Rescind Antidumping Duty New Shipper 

Review; 2012–2013, 79 FR 40710 (July 14, 2014) 

(‘‘Preliminary Rescission’’). 

2See 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 Susan S. 

Pulongbarit, Sr. International Trade Analyst, Office 

V, Antidumping and Countervailing Duty 

Operations, regarding Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam: Extension 

of Deadline for Final Results of Antidumping Duty 

New Shipper Review of Thanh Hung Co., Ltd., 

dated September 18, 2014. 

3See Letter from Thanh Hung to the Department 

regarding Refile & Redacted Direct Case Brief: New 

Shipper Review of Certain Frozen Fish Fillets from 

the Socialist Republic of Vietnam: Review Period— 

8/1/12–7/31/13, dated October 2, 2014 (‘‘Thanh 

Hung Case Brief’’). We note that this is a refiled and 

redacted case brief. See Memo to File, from Susan 

Pulongbarit, Sr. International Trade Analyst, 

regarding New Shipper Review of Certain Frozen 

Fish Fillets from the Socialist Republic of Vietnam: 

New Factual Information, dated October 3, 2014. 

4See Letter from Petitioners to the Department 

regarding Certain Frozen Fish Fillets from the 

review is above de minimis. Where 

either the respondent’s weightedaverage dumping margin is zero or de 

minimis, or an importer-specific 

assessment rate is zero or de minimis, 

we will instruct CBP to liquidate the 

appropriate entries without regard to 

antidumping duties. 

On October 24, 2011, the Department 

announced a refinement to its 

assessment practice in NME cases.16

Pursuant to this refinement in practice, 

for entries that were not reported in the 

U.S. sales databases submitted by 

companies individually examined 

during this review, the Department will 

instruct CBP to liquidate such entries at 

the NME-wide rate. In addition, if the 

Department determines that an exporter 

under review had no shipments of the 

subject merchandise, any suspended 

entries that entered under that 

exporter’s case number (i.e., at that 

exporter’s rate) will be liquidated at the 

PRC-wide rate.17

The final results of this review shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of this review and for future deposits of 

estimated duties, where applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements, when imposed, will apply 

to all shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication of the final results of this 

administrative review, as provided by 

section 751(a)(2)(C) of the Act: (1) The 

cash deposit rates for Kangfa and 

Gangchang, which both have a separate 

rate, will be the cash deposit rate 

established in the final results of this 

review (except, if the rate is zero or de 

minimis, then zero cash deposit will be 

required); (2) for any previously 

reviewed or investigated PRC and nonPRC exporter not listed above that 

received a separate rate in a previous 

segment of this proceeding, the cash 

deposit rate will continue to be the 

existing exporter-specific rate; (3) for all 

PRC exporters that have not been found 

to be entitled to a separate rate, the cash 

deposit rate will be that for the PRCwide entity (i.e., 303.80 percent); and (4) 

for all non-PRC exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the PRC 

exporter that supplied the non-PRC 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice 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 this 

review period. 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 these 

preliminary results in accordance with 

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

Act and 19 CFR 351.213(h)(1). 

Dated: November 25, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Respondent Selection 

4. Information and Comment Submitted in 

this Review 

5. Scope of the Order 

6. Non-Market Economy Country Status 

7. Preliminary Determination of No 

Shipments 

8. Separate Rates Determination 

9. Absence of De Jure Control 

10. Absence of De Facto Control 

11. The PRC-wide Entity 

12. Surrogate Country 

13. Fair Value Comparisons 

14. U.S. Price 

15. Normal Value 

16. Factors Valuation 

17. Currency Conversion 

18. Conclusion 

[FR Doc. 2014–28462 Filed 12–2–14; 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: 

Rescission of Antidumping Duty New 

Shipper Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) published its 

Preliminary Rescission for the new 

shipper review (‘‘NSR’’) of the 

antidumping duty order on certain 

frozen fish fillets from the Socialist 

Republic of Vietnam (‘‘Vietnam’’) on 

July 14, 2014.1 The period of review 

(‘‘POR’’) is August 1, 2012, through July 

31, 2013. As discussed below, we 

preliminarily found that Thanh Hung 

Co., Ltd. D/B/A Thanh Hung Frozen 

Seafood Processing Import Export Co., 

Ltd.’s (‘‘Thanh Hung’’) sale was nonbona fide, and announced our 

preliminary intent to rescind Thanh 

Hung’s NSR. For the final results of this 

review, we continue to find Thanh 

Hung’s sale to be non-bona fide. 

Therefore, because there were no other 

shipments or entries by Thanh Hung 

during the POR, we are rescinding this 

NSR. 

DATES: Effective Date: December 3, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit, 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) 

482–4031. 

SUPPLEMENTARY INFORMATION: 

Background 

As noted above, on July 14, 2014, the 

Department published the Preliminary 

Rescission of this NSR. Thereafter, the 

Department extended the time period 

for issuing the final results to December 

1, 2014.2 On October 2, 2014, the 

Department received a case brief from 

Thanh Hung.3 On October 6, 2014, the 

Department received a rebuttal brief 

from the Catfish Farmers of America 

and individual U.S. catfish processors 

(‘‘Petitioners’’).4 On November 13, 2014, 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71749 

Socialist Republic of Vietnam: Rebuttal Brief, dated 

October 6, 2014 (‘‘Petitioners Rebuttal Brief’’). 

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. 

6On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘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 

Regulations can be found at 79 FR 69046. 

7See ‘‘Decision Memorandum for Preliminary 

Results of Antidumping Duty New Shipper Review: 

Certain Frozen Fish Fillets from the Socialist’s 

Republic of Vietnam’’ from Gary Taverman, Senior 

Advisor for Antidumping and Countervailing Duty 

Operations to Ronald K. Lorentzen, Acting 

Assistant Secretary for Enforcement and 

Compliance, dated June 18, 2014 (‘‘Preliminary 

Decision Memorandum’’), and hereby adopted by 

this notice. 

8 Id. 

the Department conducted a public 

hearing regarding the NSR. 

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. 

For a full description of the scope, see 

‘‘Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Issues 

and Decision Memorandum for the 

Final Results of New Shipper Review,’’ 

dated concurrently with this notice 

(‘‘I&D Memo’’). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties are addressed 

in the I&D Memo, which is hereby 

adopted by this Notice. A list of the 

issues which parties raised is attached 

to this notice as an Appendix. The I&D 

Memo is a public document and is on 

file in the Central Records Unit 

(‘‘CRU’’), Room 7046 of the main 

Department of Commerce building, as 

well as electronically via Enforcement 

and Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘ACCESS’’).6

ACCESS is available to registered users 

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

CRU. In addition, a complete version of 

the I&D Memo can be accessed directly 

on the Internet at http://trade.gov/

enforcement/frn/index.html. The signed 

I&D Memo and the electronic versions 

of the I&D Memo are identical in 

content. 

Bona Fide Analysis 

For the Preliminary Rescission, the 

Department analyzed the bona fides of 

Thanh Hung’s sale and preliminarily 

found it to be non-bona fide.7 Based on 

the Department’s complete analysis of 

all the information and comments on 

the record of this review regarding the 

bona fides of Thanh Hung’s NSR sale, 

the Department continues to find Thanh 

Hung’s sale to be non-bona fide because 

of (a) the atypical nature of Thanh 

Hung’s price and quantity; (b) 

extraordinary expenses arising from the 

transaction; (c) the importer’s regular 

commercial interest; (d) atypical 

circumstances surrounding production; 

and (e) unreported connections to other 

entities.8 The Department did not base 

its analysis on any one factor but 

instead examined the totality of the 

evidence and comments on the record of 

this review to determine that Thanh 

Hung’s sale was not bona fide. 

Rescission of New Shipper Review 

For the foregoing reasons, the 

Department finds that the sale of Thanh 

Hung is non-bona fide and that this sale 

does not provide a reasonable or reliable 

basis for calculating a dumping margin. 

Because a non-bona fide sale was the 

only sale of subject merchandise during 

the POR, the Department is rescinding 

this NSR pursuant to section 351.214(f) 

of the Department’s regulations. 

Cash Deposit Rates 

The following cash deposit 

requirements continue to apply for all 

shipment of subject merchandise from 

Thanh Hung entered, or withdrawn 

from warehouse: (1) For subject 

merchandise produced and exported by 

Thanh Hung, the cash deposit rate will 

continue to be the Vietnam-wide rate 

(i.e., 2.39 U.S. Dollars/kg); (2) for subject 

merchandise exported by Thanh Hung 

but not manufactured by Thanh Hung, 

the cash deposit rate will continue to be 

the Vietnam-wide rate (i.e., 2.39 U.S. 

Dollars/kg); and (3) for subject 

merchandise manufactured by Thanh 

Hung, but exported by any other party, 

the cash deposit rate will be the rate 

applicable to the exporter. These cash 

deposit requirements shall remain in 

effect until further notice. 

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, 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. 

We are issuing and publishing this 

new shipper review and notice in 

accordance with sections 751(a)(2)(B) 

and 777(i) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.214. 

Dated: November 26, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—Issues and Decision 

Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of the Issues 

Comment: Bona Fide Nature of the Sale 

Under Review 

Recommendation 

[FR Doc. 2014–28459 Filed 12–2–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–997, C–583–852] 

Non-Oriented Electrical Steel From the 

People’s Republic of China and 

Taiwan: Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 


tkelley on DSK3SPTVN1PROD with NOTICES