[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42785-42788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19288]


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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, Preliminary Determination of No 
Shipments, and Partial Rescission of the Antidumping Duty 
Administrative Review; 2015-2016

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

SUMMARY: The Department preliminarily determines that the application 
of facts available is warranted for mandatory respondent GODACO Seafood 
Joint Stock Company (GODACO). In addition, the Department preliminarily 
determines that the application of facts available with an adverse 
inference is warranted for GODACO because it has not cooperated to the 
best of its ability. However, the Department preliminarily determines 
that GODACO qualifies for a separate rate for its exports of subject 
merchandise to the United States during the period of review (POR) 
August 1, 2015, through July 31, 2016. The Department also preliminary 
determines that mandatory respondent Golden Quality Seafood Corporation 
(Golden Quality) does not qualify for a separate rate and is, 
therefore, considered a part of the Vietnam-Wide \1\ Entity. If these 
preliminary results are adopted in the final results, the Department 
will instruct U.S. Customs and Border Protection (CBP) to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR. Interested parties are invited to comment on these 
preliminary results.
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    \1\ The Vietnam-wide entity also includes Thuan An Production 
Trading and Service Co., Ltd., and Anvifish Joint Stock Company.

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DATES: Effective September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On October 14, 2016, the Department initiated the 13th 
administrative review of the antidumping duty order on frozen fish 
fillets (fish fillets) from Vietnam for the period August 1, 2015, 
through July 31, 2016.\2\ On April 11, 2017, the Department fully 
extended the deadline for issuing the preliminary results by 120 
days.\3\ The revised deadline for the preliminary results of this 
administrative review is August 31, 2017.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061 (October 14, 2016); see also 
Appendix I for the complete list of all companies upon which the 
Department initiated an administrative review.
    \3\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Extension of Deadline for Preliminary Results of 2015-
2016 Administrative Review, dated April 11, 2017.
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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'').\4\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.\5\
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    \4\ 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.
    \5\ For a complete description of the scope of the order, see 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Decision Memorandum for the Preliminary Results, Preliminary 
Determination of No Shipments, and Partial Rescission of the 2015-
2016 Antidumping Duty Administrative Review, (Preliminary Decision 
Memorandum) at ``Scope of the Order'', dated concurrently with and 
hereby adopted by this notice.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the

[[Page 42786]]

notice of initiation. Between December 30, 2015 and January 4, 2016, we 
received timely withdrawal of review requests for 52 companies from the 
petitioners,\6\ Bien Dong Seafood Co., Ltd (Bien Dong), and Vinh Hoan 
Corporation (Vinh Hoan).\7\ Of these 52 companies, 34 do not have any 
other outstanding review requests. Therefore, in accordance with 19 CFR 
351.213(d)(1), the Department is rescinding this review of the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam with respect to these 34 companies.\8\ 
The review will continue with respect to the other firms for which a 
review was requested and initiated.
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    \6\ Catfish Farmers of America and individual U.S. catfish 
processors America's Catch, Alabama Catfish Inc. dba Harvest Select 
Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc. 
dba Pride of the Pond, and Simmons Farm Raised Catfish, Inc. 
(hereinafter, the petitioners).
    \7\ See Bien Dong Seafood Co., Ltd., submission dated January 
12, 2017; the petitioners' submission dated December 15, 2016, and 
January 12, 2017; and Vinh Hoan Corporation submission, dated 
December 15, 2016.
    \8\ See Appendix II for a full list of rescinded companies.
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Preliminary Determination of No Shipments

    The Department has preliminarily determined that Saigon-Mekong 
Fishery Co., Ltd. (SAMEFICO), and QVD \9\ had no shipments during the 
POR. Consistent with our practice in non-market economy (NME) cases, we 
will not rescind the review, in part, in this circumstance, but rather, 
complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of the 
review.\10\
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    \9\ These companies include QVD Food Co., Ltd., QVD Dong Thap 
Food Co., Ltd. and Thuan Hung Co., Ltd.
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act). Vietnam is an NME within the meaning of section 
771(18) of the Act.
    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). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 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://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period August 1, 2015, 
through July 31, 2016:

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    \11\ 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).

------------------------------------------------------------------------
                                                            Weighted-
                                                         average margin
                       Exporter                             (dollars/
                                                         kilogram) \11\
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GODACO Seafood Joint Stock Company....................           ** 2.39
Cadovimex II Seafood Import-Export and Processing                   2.39
 Joint Stock * Company................................
Can Tho Import-Export Joint Stock Company, aka                      2.39
 CASEAMEX *...........................................
Cuu Long Fish Joint Stock Company *...................              2.39
Dai Thanh Seafoods Company Limited *..................              2.39
Green Farms Seafood Joint Stock Company *.............              2.39
Hoang Long Seafood Processing Co., Ltd.*..............              2.39
Hung Vuong Group *....................................              2.39
NTSF Seafoods Joint Stock Company *...................              2.39
Vinh Quang Fisheries Corporation *....................              2.39
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* These companies are separate rate respondents not individually
  examined.
** Although we preliminarily find GODACO to be eligible for a separate
  rate, its margin is based on adverse facts available (AFA).

Disclosure, Public Comment & Opportunity To Request a Hearing

    Normally, the Department discloses to interested parties the 
calculations performed in connection with the preliminary results 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because the 
Department preliminarily determined that Golden Quality is part of the 
Vietnam-wide entity, and GODACO's rate is based entirely on AFA, there 
are no calculations to disclose.
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\12\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\13\ Parties who submit 
arguments are requested to submit with the argument: (a) A statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\14\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1)-(2).
    \14\ See 19 CFR 351.309(c)(2), (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective

[[Page 42787]]

case and rebuttal briefs. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date 
and time to be determined. See 19 CFR 351.310(d). Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
    The Department 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 issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\15\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. With regard to the companies the Department 
rescinded upon, the Department intends to issue assessment instructions 
to CBP 15 days after the publication date of this partial rescission of 
this review.
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    \15\ See 19 CFR 351.212(b).
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    For any individually examined respondent whose calculated weighted 
average dumping margin is above de minimis (i.e., 0.50 percent) in the 
final results of this review, the Department will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where 
an importer- (or customer-) specific ad valorem rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\16\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See 19 CFR 351.106(c)(2).
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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 from Vietnam entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
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 
previously investigated or reviewed Vietnam and non-Vietnam exporters 
not listed above that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all Vietnam 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; and (4) 
for all non-Vietnam exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Vietnam exporter that supplied that non-Vietnam 
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 could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Affiliations
    b. Partial Rescission
    c. Selection of the Respondents
    d. Preliminary Determination of No Reviewable Transactions
    e. NME Country Status
    f. Separate Rates
    g. Application of Facts Available and Use of Adverse Inference
5. Recommendation

Appendix II

(1) An My Fish Joint Stock Company (also known as Anmyfish or 
Anmyfishco)
(2) An Phat Seafood Co. Ltd. (also known as An Phat Import-Export 
Seafood Co., Ltd.)
(3) An Phu Seafood Corporation (also known as ASEAFOOD or An Phu 
Seafood Corp.)
(4) Asia Commerce Fisheries Joint Stock Company (also known as 
Acomfish JSC or Acomfish)
(5) Basa Joint Stock Company (BASACO)
(6) Ben Tre Aquaproduct Import and Export Joint Stock Company (also 
known as Bentre Aquaproduct, Bentre Aquaproduct Import & Export 
Joint Stock Company or Aquatex Bentre)
(7) Bentre Forestry and Aquaproduct Import Export Joint Stock 
Company (also known as (Ben Tre Forestry and Aquaproduct Import-
Export Company or Ben Tre Forestry Aquaproduct Import- Export 
Company or Ben Tre Frozen Aquaproduct Export Company or Faquimex)
(8) Binh An Seafood Joint Stock Company (also known as Binh An or 
Binh An Seafood Joint Stock Co.)
(9) C.P. Vietnam Corporation
(10) Cafatex Corporation (also known as Cafatex)
(11) Can Tho Animal Fishery Products Processing Export Enterprise 
(also known as Cafatex)
(12) Cuu Long Fish Import-Export Corporation (also known as CL Panga 
Fish)
(13) Da Nang Seaproducts Import-Export Corporation (also known as Da 
Nang)
(14) East Sea Seafoods LLC (also known as ESS LLC, ESS, East Sea 
Seafoods Limited Liability Company, East Sea Seafoods Joint Venture 
Co., Ltd.)
(15) Fatifish Company Limited (also known as FATIFISH)
(16) Hai Huong Seafood Joint Stock Company (also known as HHFish, HH 
Fish, or Hai Huong Seafood)
(17) Hiep Thanh Seafood Joint Stock Company (also known as Hiep 
Thanh or Hiep Thanh Seafood Joint Stock Co.)
(18) Hoa Phat Seafood Import-Export and Processing J.S.C. (also 
known as HOPAFISH or Hoa Phat Seafood Import-Export and Processing 
Joint Stock Company)
(19) Hung Vuong Seafood Joint Stock Company
(20) Lian Heng Investment Co., Ltd. (also known as Lian Heng or Lian 
Heng Investment)
(21) Lian Heng Trading Co., Ltd. (also known as Lian Heng or Lian 
Heng Trading)
(22) Nam Viet Corporation (also known as NAVICO)
(23) Ngoc Ha Co. Ltd. Food Processing and Trading (also known as 
Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
(24) Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89, 
Nha Trang Seafoods, or Nha Trang Seaproduct Company)

[[Page 42788]]

(25) Quang Minh Seafood Company Limited (also known as Quang Minh, 
Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
(26) Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries 
Processing Company (also known as DOTASEAFOODCO or Seafood Joint 
Stock Company No. 4--Branch Dong Tam Fisheries Processing Company)
(27) Sunrise Corporation
(28) TG Fishery Holdings Corporation (also known as TG)
(29) To Chau Joint Stock Company (also known as TOCHAU)
(30) Van Duc Food Export Joint Stock Company
(31) Van Duc Tien Giang Food Export Company
(32) Viet Hai Seafood Company Limited (also known as Viet Hai or 
Vietnam Fish-One Co., Ltd.)
(33) Viet Phu Foods & Fish Co., Ltd.
(34) Viet Phu Foods and Fish Corporation (also known as Vietphu, 
Viet Phu, Viet Phu Food and Fish Corporation, or Viet Phu Food & 
Fish Corporation)

[FR Doc. 2017-19288 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P