80 FR 17390 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 62 (April 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17390-17391 | |
| FR Document | 2015-07480 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Notices] [Pages 17390-17391] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07480] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective April 1, 2015. SUMMARY: The Department of Commerce (``the Department'') received a timely request for a new shipper review (``NSR'') of the antidumping duty (``AD'') order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam''). The Department determines that the request meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is August 1, 2014, through January 31, 2015. FOR FURTHER INFORMATION CONTACT: Alexander Montoro, 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: 202-482-0238. SUPPLEMENTARY INFORMATION: Background The AD order on fish fillets from Vietnam was published in the Federal Register on August 12, 2003.\1\ On February 27, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(b), the Department received an NSR request from Hai Huong Seafood Joint Stock Company (``HHFISH'').\2\ HHFISH certified that it is a producer and exporter of the subject merchandise and that it exported, or sold for export, subject merchandise to the United States.\3\ --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). \2\ See Letter from HHFISH, ``Frozen Fish Fillets from Vietnam-- Request for New Shipper Review,'' dated February 27, 2015. \3\ Id. at 2 and at Exhibit 2. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), HHFISH certified that it did not export subject merchandise to the United States during the period of investigation (``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), HHFISH certified that, since the initiation of the investigation, it has never been affiliated with any Vietnamese exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), HHFISH also certified that its export activities were not controlled by the central government of Vietnam.\6\ --------------------------------------------------------------------------- \4\ Id. \5\ Id. \6\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), HHFISH submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\7\ --------------------------------------------------------------------------- \7\ Id. at Exhibit 1. --------------------------------------------------------------------------- Finally, the Department conducted a U.S. Customs and Border Protection (``CBP'') database query and confirmed [[Page 17391]] the price, quantity, date of sale, and date of entry of the sale at issue.\8\ --------------------------------------------------------------------------- \8\ The Department will place the results of the completed CBP database query along with HHFISH's entry documents on the record shortly after the publication of this notice. --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), and based on the evidence provided by HHFISH, we find that the request submitted by HHFISH meets the requirements for initiation of the NSR for shipments of fish fillets from Vietnam produced and exported by HHFISH.\9\ The POR is August 1, 2014, through January 31, 2015.\10\ Absent a determination that the case is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 270 days from the date of initiation.\11\ --------------------------------------------------------------------------- \9\ See Memorandum to the File from Alexander Montoro, International Trade Compliance Analyst, ``Initiation of Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam (A-552-801),'' dated concurrently with and hereby adopted by this notice. \10\ See 19 CFR 351.214(g)(1)(i)(B). \11\ See section 751(a)(2)(B)(iv) of the Act. --------------------------------------------------------------------------- In cases involving non-market economy countries, the Department requires a company seeking to establish eligibility for an AD rate separate from the country-wide rate to provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue a questionnaire to HHFISH that will include a section requesting information with regard to HHFISH's export activities for separate rate purposes. The review of HHFISH will proceed if the response provides sufficient indication that it is not subject to either de jure and de facto government control with respect to its exports of fish fillets. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from the requesting company in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because HHFISH certified that it both produced and exported the subject merchandise, the sale of which is the basis for the NSR request, we will instruct CBP to permit the use of a bond only for subject merchandise which HHFISH both produced and exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act, as well as 19 CFR 351.214 and 351.221(c)(1)(i). Dated: March 24, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-07480 Filed 3-31-15; 8:45 am] BILLING CODE 3510-DS-P
![17390 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
which are due from multiple parties Department will automatically revoke FOR FURTHER INFORMATION CONTACT:
simultaneously. In such a case, the the order without further review.4 Alexander Montoro, AD/CVD
Department will inform parties in the If we receive an order-specific notice Operations, Office V, Enforcement and
letter or memorandum setting forth the of intent to participate from a domestic Compliance, International Trade
deadline (including a specified time) by interested party, the Department’s Administration, U.S. Department of
which extension requests must be filed regulations provide that all parties Commerce, 14th Street and Constitution
to be considered timely. This wishing to participate in a Sunset Avenue NW., Washington, DC 20230;
modification also requires that an Review must file complete substantive telephone: 202–482–0238.
extension request must be made in a responses not later than 30 days after SUPPLEMENTARY INFORMATION:
separate, stand-alone submission, and the date of publication in the Federal
clarifies the circumstances under which Register of this notice of initiation. The Background
the Department will grant untimely- required contents of a substantive The AD order on fish fillets from
filed requests for the extension of time response, on an order-specific basis, are Vietnam was published in the Federal
limits. These modifications are effective set forth at 19 CFR 351.218(d)(3). Note Register on August 12, 2003.1 On
for all segments initiated on or after that certain information requirements February 27, 2015, pursuant to section
October 21, 2013. Review the final rule, differ for respondent and domestic 751(a)(2)(B)(i) of the Tariff Act of 1930,
available at http://www.gpo.gov/fdsys/ parties. Also, note that the Department’s as amended (‘‘the Act’’), and 19 CFR
pkg/FR-2013-09-20/html/2013- information requirements are distinct 351.214(b), the Department received an
22853.htm, prior to submitting factual from the Commission’s information NSR request from Hai Huong Seafood
information in these segments. requirements. Consult the Department’s Joint Stock Company (‘‘HHFISH’’).2
regulations for information regarding HHFISH certified that it is a producer
Letters of Appearance and and exporter of the subject merchandise
the Department’s conduct of Sunset
Administrative Protective Orders and that it exported, or sold for export,
Reviews. Consult the Department’s
Pursuant to 19 CFR 351.103(d), the regulations at 19 CFR part 351 for subject merchandise to the United
Department will maintain and make definitions of terms and for other States.3
available a public service list for these general information concerning Pursuant to section 751(a)(2)(B)(i)(I) of
proceedings. Parties wishing to antidumping and countervailing duty the Act and 19 CFR 351.214(b)(2)(i),
participate in any of these five-year proceedings at the Department. HHFISH certified that it did not export
reviews must file letters of appearance This notice of initiation is being subject merchandise to the United
as discussed at 19 CFR 351.103(d)). To published in accordance with section States during the period of investigation
facilitate the timely preparation of the 751(c) of the Act and 19 CFR 351.218(c). (‘‘POI’’).4 In addition, pursuant to
public service list, it is requested that section 751(a)(2)(B)(i)(II) of the Act and
Dated: March 25, 2015.
those seeking recognition as interested 19 CFR 351.214(b)(2)(iii)(A), HHFISH
Christian Marsh,
parties to a proceeding submit an entry certified that, since the initiation of the
Deputy Assistant Secretary for Antidumping investigation, it has never been affiliated
of appearance within 10 days of the and Countervailing Duty Operations.
publication of the Notice of Initiation. with any Vietnamese exporter or
[FR Doc. 2015–07500 Filed 3–31–15; 8:45 am] producer who exported subject
Because deadlines in Sunset Reviews
can be very short, we urge interested
BILLING CODE 3510–DS–P merchandise to the United States during
parties who want access to proprietary the POI, including those respondents
information under administrative not individually examined during the
DEPARTMENT OF COMMERCE investigation.5 As required by 19 CFR
protective order (‘‘APO’’) to file an APO
application immediately following International Trade Administration 351.214(b)(2)(iii)(B), HHFISH also
publication in the Federal Register of certified that its export activities were
this notice of initiation. The [A–552–801] not controlled by the central
Department’s regulations on submission government of Vietnam.6
Certain Frozen Fish Fillets From the In addition to the certifications
of proprietary information and Socialist Republic of Vietnam:
eligibility to receive access to business described above, pursuant to 19 CFR
Initiation of Antidumping Duty New 351.214(b)(2)(iv), HHFISH submitted
proprietary information under APO can Shipper Review; 2014–2015
be found at 19 CFR 351.304–306. documentation establishing the
AGENCY: Enforcement and Compliance, following: (1) The date on which it first
Information Required From Interested shipped subject merchandise for export
International Trade Administration,
Parties to the United States; (2) the volume of
Department of Commerce.
Domestic interested parties, as its first shipment; and (3) the date of its
DATES: Effective April 1, 2015.
defined in section 771(9)(C), (D), (E), (F), first sale to an unaffiliated customer in
SUMMARY: The Department of Commerce
and (G) of the Act and 19 CFR the United States.7
(‘‘the Department’’) received a timely Finally, the Department conducted a
351.102(b), wishing to participate in a request for a new shipper review
Sunset Review must respond not later U.S. Customs and Border Protection
(‘‘NSR’’) of the antidumping duty (‘‘CBP’’) database query and confirmed
than 15 days after the date of (‘‘AD’’) order on certain frozen fish
publication in the Federal Register of fillets (‘‘fish fillets’’) from the Socialist 1 See Notice of Antidumping Duty Order: Certain
this notice of initiation by filing a notice Republic of Vietnam (‘‘Vietnam’’). The Frozen Fish Fillets From the Socialist Republic of
of intent to participate. The required
mstockstill on DSK4VPTVN1PROD with NOTICES
Department determines that the request Vietnam, 68 FR 47909 (August 12, 2003).
contents of the notice of intent to meets the statutory and regulatory 2 See Letter from HHFISH, ‘‘Frozen Fish Fillets
participate are set forth at 19 CFR requirements for initiation. The period from Vietnam—Request for New Shipper Review,’’
351.218(d)(1)(ii). In accordance with the dated February 27, 2015.
of review (‘‘POR’’) for this NSR is 3 Id. at 2 and at Exhibit 2.
Department’s regulations, if we do not August 1, 2014, through January 31, 4 Id.
receive a notice of intent to participate 2015. 5 Id.
from at least one domestic interested 6 Id.
party by the 15-day deadline, the 4 See 19 CFR 351.218(d)(1)(iii). 7 Id. at Exhibit 1.
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![Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17391
the price, quantity, date of sale, and date disclosure under administrative permit from the National Marine
of entry of the sale at issue.8 protective order, in accordance with 19 Fisheries Service (NMFS). They must
CFR 351.305 and 19 CFR 351.306. also mark their vessels for
Initiation of New Shipper Review This initiation and notice are identification. Vessel operators must
Pursuant to section 751(a)(2)(B) of the published in accordance with section submit NMFS logbook reports of their
Act and 19 CFR 351.214(d)(1), and 751(a)(2)(B) of the Act, as well as 19 fishing activity to NMFS within 72
based on the evidence provided by CFR 351.214 and 351.221(c)(1)(i). hours of the end of each fishing trip.
HHFISH, we find that the request Dated: March 24, 2015. The information collected is used to
submitted by HHFISH meets the identify participants in the fishery,
Gary Taverman,
requirements for initiation of the NSR document fishing activities and
for shipments of fish fillets from Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
landings, determine the conditions of
Vietnam produced and exported by Operations. the stocks, assess the effectiveness of
HHFISH.9 The POR is August 1, 2014, management measures, evaluate the
[FR Doc. 2015–07480 Filed 3–31–15; 8:45 am]
through January 31, 2015.10 Absent a benefits and costs of changes in
BILLING CODE 3510–DS–P
determination that the case is management measures, and monitor and
extraordinarily complicated, the respond to accidental takes of protected
Department intends to issue the species, including seabirds, turtles, and
DEPARTMENT OF COMMERCE
preliminary results of this NSR within marine mammals.
180 days from the date of initiation and National Oceanic and Atmospheric Vessel owners must identify their
the final results within 270 days from Administration vessels to assist in aerial and at-sea
the date of initiation.11 enforcement of fishing regulations.
In cases involving non-market Proposed Information Collection;
economy countries, the Department II. Method of Collection
Comment Request; Permitting, Vessel
requires a company seeking to establish Identification, and Reporting Respondents have a choice of either
eligibility for an AD rate separate from Requirements for Deepwater Shrimp electronic or paper forms. Methods of
the country-wide rate to provide Fisheries in the Western Pacific submittal include email of electronic
evidence of de jure and de facto absence Region forms and mail and facsimile
of government control over the transmission of paper forms.
company’s export activities. AGENCY: National Oceanic and
Atmospheric Administration (NOAA), III. Data
Accordingly, we will issue a
questionnaire to HHFISH that will Commerce. OMB Control Number: 0648–0586.
include a section requesting information ACTION: Notice. Form Number: None.
Type of Review: Regular submission
with regard to HHFISH’s export
SUMMARY: The Department of (extension of a currently approved
activities for separate rate purposes. The
Commerce, as part of its continuing collection).
review of HHFISH will proceed if the Affected Public: Business or other for-
effort to reduce paperwork and
response provides sufficient indication profit organizations; individuals or
respondent burden, invites the general
that it is not subject to either de jure and households.
public and other Federal agencies to
de facto government control with Estimated Number of Respondents:
take this opportunity to comment on
respect to its exports of fish fillets. 10.
We will instruct CBP to allow, at the proposed and/or continuing information
collections, as required by the Estimated Time per Response: Permit
option of the importer, the posting, until applications, 30 minutes; logsheets, 15
the completion of the review, of a bond Paperwork Reduction Act of 1995.
DATES: Written comments must be minutes; vessel identification, 45
or security in lieu of a cash deposit for minutes.
each entry of the subject merchandise submitted on or before June 1, 2015.
Estimated Total Annual Burden
from the requesting company in ADDRESSES: Direct all written comments
Hours: 75.
accordance with section 751(a)(2)(B)(iii) to Jennifer Jessup, Departmental Estimated Total Annual Cost to
of the Act and 19 CFR 351.214(e). Paperwork Clearance Officer, Public: $400 in recordkeeping/reporting
Because HHFISH certified that it both Department of Commerce, Room 6616, costs.
produced and exported the subject 14th and Constitution Avenue NW.,
merchandise, the sale of which is the Washington, DC 20230 (or via the IV. Request for Comments
basis for the NSR request, we will Internet at JJessup@doc.gov). Comments are invited on: (a) Whether
instruct CBP to permit the use of a bond FOR FURTHER INFORMATION CONTACT: the proposed collection of information
only for subject merchandise which Requests for additional information or is necessary for the proper performance
HHFISH both produced and exported. copies of the information collection of the functions of the agency, including
Interested parties requiring access to instrument and instructions should be whether the information shall have
proprietary information in this NSR directed to Walter Ikehara, (808) 725– practical utility; (b) the accuracy of the
should submit applications for 5175 or Walter.Ikehara@noaa.gov. agency’s estimate of the burden
SUPPLEMENTARY INFORMATION: (including hours and cost) of the
8 The Department will place the results of the proposed collection of information; (c)
completed CBP database query along with I. Abstract ways to enhance the quality, utility, and
HHFISH’s entry documents on the record shortly
after the publication of this notice.
This request is for extension of a clarity of the information to be
mstockstill on DSK4VPTVN1PROD with NOTICES
9 See Memorandum to the File from Alexander currently approved information collected; and (d) ways to minimize the
Montoro, International Trade Compliance Analyst, collection. burden of the collection of information
‘‘Initiation of Antidumping Duty New Shipper Under the Code of Federal on respondents, including through the
Review: Certain Frozen Fish Fillets from the Regulations in Title 50, Part 665, all use of automated collection techniques
Socialist Republic of Vietnam (A–552–801),’’ dated
concurrently with and hereby adopted by this
vessel owners who fish for deepwater or other forms of information
notice. shrimp (Heterocarpus spp.), or land technology.
10 See 19 CFR 351.214(g)(1)(i)(B). these species in ports, in the western Comments submitted in response to
11 See section 751(a)(2)(B)(iv) of the Act. Pacific region must obtain a Federal this notice will be summarized and/or
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Document Created: 2015-12-18 11:03:41
Document Modified: 2015-12-18 11:03:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 1, 2015. | |
| Contact | Alexander Montoro, 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: 202-482-0238. | |
| FR Citation | 80 FR 17390 |
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