[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2394-2397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00649]


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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; 2012-
2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the 
Preliminary Results of the tenth administrative review of the 
antidumping duty order on certain frozen fish fillets (``fish 
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on July 
11, 2014.\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
these final results. The final dumping margins are listed below in the 
``Final Results of the Administrative Review'' section of this notice. 
The period of review (``POR'') is August 1, 2012, through July 31, 
2013.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 40059 (July 11, 2014) 
(``Preliminary Results''), and accompanying Preliminary Decision 
Memorandum.

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DATES: Effective January 16, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, 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 202-482-0413 
or 202-482-0116, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on July 11, 
2014.\2\ Between September 19 and October 2, 2014, interested parties 
submitted case and rebuttal briefs. On October 22, 2014, the Department 
extended the deadline for the final results to December 11, 2014.\3\ On 
November 12, 2014, the Department held a closed hearing and a public 
hearing limited to issues raised in the case and rebuttal briefs. On 
November 19, 2014, the Department fully extended the deadline for the 
final results to January 7, 2015.\4\
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    \2\ See Preliminary Results.
    \3\ See 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: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review, dated October 22, 
2014.
    \4\ See 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: Second Extension of Deadline for 
Final Results of Antidumping Duty Administrative Review, dated 
November 19, 2014.

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[[Page 2395]]

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 code 
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including 
basa and tra), and may enter under tariff article codes 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\5\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.\6\
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    \5\ Until June 30, 2004 these products were classifiable under 
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. 
From July 1, 2004 until December 31, 2006 these products were 
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until 
December 31, 2011 these products were classifiable under HTSUS 
0304.29.6033. On March 2, 2011 the Department added two HTSUS 
numbers at the request of U.S. Customs and Border Protection 
(``CBP'') that the subject merchandise may enter under: 1604.19.2000 
and 1604.19.3000, which were changed to 1604.19.2100 and 
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department 
added the following HTSUS numbers at the request of CBP: 
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
    \6\ For a complete description of the scope of the order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, regarding 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Issues and Decision Memorandum for the Final Results of the Tenth 
Antidumping Duty Administrative Review; 2012-2013, at 2-3 (``Issues 
and Decision Memorandum''), dated concurrently with and hereby 
adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum 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'').\7\ ACCESS is 
available to registered users at http://access.trade.gov and in the 
CRU. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \7\ On 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).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculation for HVG.\8\ The Surrogate Values Memo contains 
further explanation of our changes to the surrogate values selected for 
HVG's factors of production.\9\ The Department also has revised the 
separate rate status for Can Tho Import-Export Joint Stock Company 
(``CASEAMEX'').\10\
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    \8\ The Hung Vuong Group, or ``HVG,'' includes: An Giang 
Fisheries Import & 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. See Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of the 
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014) and accompanying Issues and 
Decision Memorandum at 3.
    \9\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office V, Enforcement & Compliance, from Paul 
Walker, Case Analyst, regarding Tenth Administrative Review of 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results, dated concurrently with and 
hereby adopted by this notice.
    \10\ See accompanying company-specific analysis memoranda, dated 
concurrently with and hereby adopted by this notice.
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that An Giang Agriculture and Food Import-Export Joint Stock Company 
(``Afiex''); Golden Quality Seafood Corporation (``Golden Quality''); 
Hoa Phat Seafood Import-Export and Processing J.S.C. (``Hoa Phat''); 
and To Chau Joint Stock Company (``To Chau'') did not have any 
reviewable transactions during the POR.\11\ Consistent with the 
Department's refinement to its assessment practice in non-market 
economy (``NME'') cases, we completed the review with respect to the 
above-named companies.\12\ Based on the certifications submitted by 
Afiex, Golden Quality, Hoa Phat, and To Chau, and our analysis of CBP 
information, we continue to determine that these companies did not have 
any reviewable transactions during the POR. As noted in the 
``Assessment Rates'' section below, the Department intends to issue 
appropriate instructions to CBP for the above-named companies based on 
the final results of the review.
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    \11\ See Preliminary Results, 79 FR at 40060.
    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Application of Adverse Facts Available and the Rate Assigned to the 
Vietnam-Wide Entity

    As stated in the Preliminary Results, the Vietnam-wide entity, 
which includes Anvifish Joint Stock Company (``Anvifish''), failed to 
cooperate to the best of its ability in providing requested information 
because it withheld requested information, failed to provide the 
information in a timely manner and in the form requested, and 
significantly impeded this proceeding.\13\ The Department has not 
received any information since the Preliminary Results that calls into 
question that earlier determination. Accordingly, pursuant to sections 
776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of 
1930, as amended (``the Act''), we continue to find it appropriate to 
assign the Vietnam-wide entity a rate based on total adverse facts 
available (``AFA'').
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    \13\ See Preliminary Decision Memorandum, at 8-12.
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Final Results of the Review

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

[[Page 2396]]



------------------------------------------------------------------------
                                                              Margins
                        Exporter                             (dollars/
                                                          kilogram) \14\
------------------------------------------------------------------------
Hung Vuong Group \15\...................................            0.97
An Giang Agriculture and Food Import-Export Joint Stock              (*)
 Company................................................
Asia Commerce Fisheries Joint Stock Company.............            0.97
Binh An Seafood Joint Stock Company.....................            0.97
Cadovimex II Seafood Import-Export and Processing Joint             0.97
 Stock Company..........................................
C.P. Vietnam Corporation................................            0.97
Cuu Long Fish Joint Stock Company.......................            0.97
Dai Thanh Seafoods Company Limited......................            0.97
Fatifish Company Limited................................            0.97
GODACO Seafood Joint Stock Company......................            0.97
Golden Quality Seafood Corporation......................             (*)
Hiep Thanh Seafood Joint Stock Company..................            0.97
Hoang Long Seafood Processing Company Limited...........            0.97
Hoa Phat Seafood Import-Export and Processing J.S.C.....             (*)
International Development and Investment Corporation....            0.97
Nam Viet Corporation....................................            0.97
Ngoc Ha Co., Ltd. Foods Processing and Trading..........            0.97
NTSF Seafoods Joint Stock Company.......................            0.97
Quang Minh Seafood Company Limited......................            0.97
QVD Food Company Ltd. \16\..............................            0.97
Saigon-Mekong Fishery Co., Ltd..........................            0.97
Southern Fisheries Industries Company Ltd...............            0.97
TG Fishery Holdings Corporation.........................            0.97
Thien Ma Seafood Company Limited........................            0.97
Thuan An Production Trading and Services Co., Ltd.......            0.97
To Chau Joint Stock Company.............................             (*)
Vinh Quang Fisheries Joint-Stock Company................            0.97
Vietnam-Wide Rate \17\..................................            2.39
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* No Shipments or sales in this review, and the firm has an individual
  rate from a prior segment of the proceeding in which the firm had
  shipments or sales.

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.
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    \14\ In the third administrative review of this order, the 
Department determined that it would calculate per-unit 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).
    \15\ This 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.
    \16\ This 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, the Department 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).
    \17\ The Vietnam-wide rate also includes the following companies 
which are under review, but which did not submit a separate rate 
application or certification: East Sea Seafoods Limited Liability 
Company and Anvifish Joint Stock Company. The Vietnam-wide rate also 
includes Can Tho Import-Export Joint Stock Company.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We 
will continue to direct CBP to assess importer specific assessment 
rates based on the resulting per-unit (i.e., per kg) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR. If an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
    The Department determines that Afiex, Golden Quality, Hoa Phat, and 
To Chau did not have any reviewable transactions during the POR. As a 
result, any suspended entries that entered under these exporter's case 
numbers (i.e., at that exporter's rate) will be liquidated at the 
Vietnam-wide rate.\18\
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    \18\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memorandum, at 4-5.
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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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for

[[Page 2397]]

previously investigated or reviewed Vietnamese and non-Vietnamese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all Vietnamese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the Vietnam-wide rate of $2.39 per 
kg; 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 exporters that supplied that non-
Vietnamese exporter. The deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers Regarding the 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 occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding 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 these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: January 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Decision Memorandum

General Issues

I. Surrogate Country
    A. Economic Comparability
    B. Significant Producer of Comparable Merchandise
    C. Data Considerations
II. Surrogate Value for Whole, Live Fish
III. Fingerlings
    A. Surrogate Value for Fingerlings
    B. Fingerling Yield Loss
    C. Rejection of Fingerling Data
IV. Surrogate Value for Fish Feed
V. Surrogate Value for Lime
VI. Surrogate Value for Antibiotics
VII. Surrogate Value for Nutrition
VIII. Surrogate Value for Salt
IX. Surrogate Value for Preservatives
X. Surrogate Value for Plastic Bags
XI. Surrogate Value for Tape
XII. Surrogate Value for Strap
XIII. Surrogate Value for Electricity
XIV. Surrogate Value for Diesel
XV. Surrogate Value for Water
XVI. Surrogate Value for Labor
XVII. Movement Expenses
    A. Surrogate Value for Truck Freight
    B. Surrogate Value for Brokerage and Handling
    C. Surrogate Value for International Freight
    D. Surrogate Value for Boat Freight
XVIII. Financial Ratios
XIX. Surrogate Value for Pangasius By-Products

Company Specific Issues

XX. Proper Reporting Period for HVG's Factors of Production
XXI. CASEAMEX--Separate Rate Status
XXII. Clerical Error--Draft CBP Instructions
XXIII. Clerical Error--Customer Code

[FR Doc. 2015-00649 Filed 1-15-15; 8:45 am]
BILLING CODE 3510-DS-P