80_FR_37094 80 FR 36970 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Reviews; 2013-2014

80 FR 36970 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Reviews; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36970-36971
FR Document2015-15894

The Department of Commerce (``Department'') published its Preliminary Rescission for two new shipper reviews (``NSRs'') of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam'') on January 28, 2015.\1\ The period of review (``POR'') is August 1, 2013, through January 31, 2014. As discussed below, we preliminarily found that the sales made by Nam Phuong Seafood Co., Ltd. (``Nam Phuong'') and NTACO Corporation (``NTACO'') were non-bona fide, and announced our preliminary intent to rescind their NSRs. For the final results of this review, we continue to find Nam Phuong's and NTACO's sales to be non-bona fide. Therefore, we are rescinding these two NSRs. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36970-36971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15894]


-----------------------------------------------------------------------

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 Reviews; 2013-2014

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Rescission for two new shipper reviews (``NSRs'') of the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam'') on January 28, 2015.\1\ The 
period of review (``POR'') is August 1, 2013, through January 31, 2014. 
As discussed below, we preliminarily found that the sales made by Nam 
Phuong Seafood Co., Ltd. (``Nam Phuong'') and NTACO Corporation 
(``NTACO'') were non-bona fide, and announced our preliminary intent to 
rescind their NSRs. For the final results of this review, we continue 
to find Nam Phuong's and NTACO's sales to be non-bona fide. Therefore, 
we are rescinding these two NSRs.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Preliminary Intent To Rescind Antidumping Duty New 
Shipper Reviews; 2013-2014, 80 FR 4544 (January 28, 2015) 
(``Preliminary Rescission'').

---------------------------------------------------------------------------
DATES: Effective date June 29, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Nam Phuong) or Susan 
Pulongbarit (NTACO), 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) 482-2312 or (202) 482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    As noted above, on January 28, 2015, the Department published the 
Preliminary Rescission of these NSRs. Thereafter, the Department 
extended the time period for issuing the final results to June 19, 
2015.\2\ On February 27, 2015, the Department received case briefs from 
Nam Phuong and NTACO. On March 12, 2015, the Department received 
rebuttal briefs from the Catfish Farmers of America and individual U.S. 
catfish processors (``Petitioners'').
---------------------------------------------------------------------------

    \2\ 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 Susan S. Pulongbarit, Senior 
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 Reviews 
of Nam Phuong Seafood Co., Ltd. and NTACO Corporation, dated April 
6, 2015.
---------------------------------------------------------------------------

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'').\3\ 
Although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \3\ Until 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.
---------------------------------------------------------------------------

    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.\4\ 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 B8024 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''). 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.
---------------------------------------------------------------------------

    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement & Compliance, from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Issues and Decision Memorandum for the Final Results 
of Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam,'' dated June 19, 2015.
---------------------------------------------------------------------------

Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of

[[Page 36971]]

Nam Phuong's and NTACO's sales and preliminarily found them to be non-
bona fide.\5\ Based on the Department's complete analysis of all the 
information and comments on the record of this review, the Department 
continues to find their sales to be non-bona fide. With respect to both 
Nam Phuong and NTACO, the Department reached this conclusion based on 
the totality of circumstances, namely: (a) The atypical nature of their 
prices; (b) the atypical involvement of other entities in the sale; (c) 
atypical circumstances surrounding production; (d) late payment; and 
(e) lack of profit on the resale of subject merchandise.\6\ For a 
complete discussion, see the I&D Memo and each company's Final Bona 
Fide Memorandum.\7\
---------------------------------------------------------------------------

    \5\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam'' from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated January 20, 2015 
(``Preliminary Decision Memorandum''), and hereby adopted by this 
notice.
    \6\ See I&D Memo.
    \7\ See Memorandum to James Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Scot T. 
Fullerton, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, from Matthew Renkey, Senior International Trade 
Analyst ``New Shipper Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Final Analysis for the Bona Fide 
Nature of Nam Phuong Seafood Co., Ltd.'s Sale,'' dated June 19, 
2015; see also Memorandum to James Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Scot T. 
Fullerton, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, from Susan Pulongbarit, Senior International Trade 
Analyst ``New Shipper Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Final Analysis for the Bona Fide 
Nature of NTACO Corporations's Sale,'' dated June 19, 2015.
---------------------------------------------------------------------------

Rescission of New Shipper Review

    For the foregoing reasons, the Department finds that Nam Phuong's 
and NTACO's sales are non-bona fide and that these sales do not provide 
a reasonable or reliable basis for calculating a dumping margin. 
Because these non-bona fide sales were the only sales of subject 
merchandise during the POR, the Department is rescinding this NSR 
pursuant to section 19 CFR 351.214(f).

Cash Deposit Rates

    The following cash deposit requirements continue to apply for all 
shipment of subject merchandise from Nam Phuong and NTACO entered, or 
withdrawn from warehouse: (1) For subject merchandise produced and 
exported by Nam Phuong or NTACO, 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 Nam Phuong or NTACO but not manufactured by Nam 
Phuong or NTACO, 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 Nam Phuong or NTACO, 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 these segments 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 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: June 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce's Bona Fide Analysis for Nam Phuong and NTACO
Comment 2: Surrogate Country Selection Recommendation

[FR Doc. 2015-15894 Filed 6-26-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  36970                          Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices

                                                    Specifically excluded from the scope are              January 28, 2015.1 The period of review                1604.19.2100, 1604.19.3000,
                                                  (1) paper printed with final content of                 (‘‘POR’’) is August 1, 2013, through                   1604.19.3100, 1604.19.4000,
                                                  printed text or graphics and (2) lined paper            January 31, 2014. As discussed below,                  1604.19.4100, 1604.19.5000,
                                                  products, typically school supplies,                    we preliminarily found that the sales                  1604.19.5100, 1604.19.6100 and
                                                  composed of paper that incorporates straight
                                                  horizontal and/or vertical lines that would
                                                                                                          made by Nam Phuong Seafood Co., Ltd.                   1604.19.8100 (Frozen Fish Fillets of the
                                                  make the paper unsuitable for copying or                (‘‘Nam Phuong’’) and NTACO                             species Pangasius including basa and
                                                  printing purposes.                                      Corporation (‘‘NTACO’’) were non-bona                  tra) of the Harmonized Tariff Schedule
                                                    Imports of the subject merchandise are                fide, and announced our preliminary                    of the United States (‘‘HTSUS’’).3
                                                  provided for under Harmonized Tariff                    intent to rescind their NSRs. For the                  Although the HTSUS subheading is
                                                  Schedule of the United States (HTSUS)                   final results of this review, we continue              provided for convenience and customs
                                                  categories 4802.56.1000, 4802.56.2000,                  to find Nam Phuong’s and NTACO’s                       purposes, our written description of the
                                                  4802.56.3000, 4802.56.4000, 4802.56.6000,               sales to be non-bona fide. Therefore, we               scope of the order is dispositive.
                                                  4802.56.7020, 4802.56.7040, 4802.57.1000,               are rescinding these two NSRs.                            For a full description of the scope, see
                                                  4802.57.2000, 4802.57.3000, and                                                                                ‘‘Certain Frozen Fish Fillets from the
                                                  4802.57.4000. Some imports of subject                   DATES: Effective date June 29, 2015.
                                                                                                                                                                 Socialist Republic of Vietnam: Issues
                                                  merchandise may also be classified under                FOR FURTHER INFORMATION CONTACT:
                                                  4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                                                                                 and Decision Memorandum for the
                                                                                                          Matthew Renkey (Nam Phuong) or                         Final Results of New Shipper Review,’’
                                                  4802.62.5000, 4802.62.6020, 4802.62.6040,               Susan Pulongbarit (NTACO), AD/CVD
                                                  4802.69.1000, 4802.69.2000, 4802.69.3000,                                                                      dated concurrently with this notice
                                                                                                          Operations, Office V, Enforcement and                  (‘‘I&D Memo’’).
                                                  4811.90.8050 and 4811.90.9080. While
                                                  HTSUS subheadings are provided for
                                                                                                          Compliance, International Trade
                                                                                                          Administration, U.S. Department of                     Analysis of Comments Received
                                                  convenience and customs purposes, the
                                                  written description of the scope of the                 Commerce, 14th Street and Constitution                    All issues raised in the case and
                                                  investigations is dispositive.                          Avenue NW., Washington, DC 20230;                      rebuttal briefs by parties are addressed
                                                                                                          telephone: (202) 482–2312 or (202) 482–                in the I&D Memo, which is hereby
                                                  Appendix 2—List of Topics Discussed                     4031, respectively.                                    adopted by this Notice.4 A list of the
                                                  in the Preliminary Issues and Decision
                                                                                                          SUPPLEMENTARY INFORMATION:                             issues which parties raised is attached
                                                  Memorandum
                                                                                                                                                                 to this notice as an Appendix. The I&D
                                                  I. Summary                                              Background                                             Memo is a public document and is on
                                                  II. Background                                            As noted above, on January 28, 2015,                 file in the Central Records Unit
                                                  III. Alignment                                          the Department published the                           (‘‘CRU’’), Room B8024 of the main
                                                  IV. Scope Comments                                                                                             Department of Commerce building, as
                                                                                                          Preliminary Rescission of these NSRs.
                                                  V. Scope of the Investigation
                                                  VI. Injury Test                                         Thereafter, the Department extended the                well as electronically via Enforcement
                                                  VII. Application of Countervailing Duty Law             time period for issuing the final results              and Compliance’s Antidumping and
                                                        to Imports from the PRC                           to June 19, 2015.2 On February 27, 2015,               Countervailing Duty Centralized
                                                  VIII. Subsidies Valuation                               the Department received case briefs                    Electronic Service System (‘‘ACCESS’’).
                                                  IX. Benchmark and Discount Rates                        from Nam Phuong and NTACO. On                          ACCESS is available to registered users
                                                  X. Use of Facts Otherwise Available and                 March 12, 2015, the Department                         at http://access.trade.gov and in the
                                                        Adverse Inferences                                received rebuttal briefs from the Catfish              CRU. In addition, a complete version of
                                                  XI. Analysis of Programs                                Farmers of America and individual U.S.                 the I&D Memo can be accessed directly
                                                  XII. ITC Notification                                   catfish processors (‘‘Petitioners’’).                  on the internet at http://trade.gov/
                                                  XIII. Disclosure and Public Comment                                                                            enforcement/frn/index.html. The signed
                                                  XIV. Verification                                       Scope of the Order
                                                  XV. Conclusion
                                                                                                                                                                 I&D Memo and the electronic versions
                                                  Appendix                                                   The product covered by the order is                 of the I&D Memo are identical in
                                                                                                          frozen fish fillets, including regular,                content.
                                                  [FR Doc. 2015–15891 Filed 6–26–15; 8:45 am]
                                                                                                          shank, and strip fillets and portions                  Bona Fide Analysis
                                                  BILLING CODE 3510–DS–P
                                                                                                          thereof, whether or not breaded or
                                                                                                          marinated, of the species Pangasius                      For the Preliminary Rescission, the
                                                                                                          Bocourti, Pangasius Hypophthalmus                      Department analyzed the bona fides of
                                                  DEPARTMENT OF COMMERCE
                                                                                                          (also known as Pangasius Pangasius)
                                                                                                                                                                    3 Until July 1, 2004, these products were
                                                  International Trade Administration                      and Pangasius Micronemus. These
                                                                                                                                                                 classifiable under HTSUS 0304.20.6030 (Frozen
                                                                                                          products are classifiable under tariff                 Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
                                                                                                          article codes 0304.29.6033,                            NESOI), 0304.20.6043 (Frozen Freshwater Fish
                                                  [A–552–801]                                                                                                    Fillets) and 0304.20.6057 (Frozen Sole Fillets).
                                                                                                          0304.62.0020, 0305.59.0000,
                                                                                                                                                                 Until February 1, 2007, these products were
                                                  Certain Frozen Fish Fillets From the                    0305.59.4000, 1604.19.2000,                            classifiable under HTSUS 0304.20.6033 (Frozen
                                                  Socialist Republic of Vietnam:                             1 See Certain Frozen Fish Fillets From the
                                                                                                                                                                 Fish Fillets of the species Pangasius, including basa
                                                  Rescission of Antidumping Duty New                                                                             and tra). On March 2, 2011, the Department added
                                                                                                          Socialist Republic of Vietnam: Preliminary Intent      two HTSUS numbers at the request of U.S. Customs
                                                  Shipper Reviews; 2013–2014                              To Rescind Antidumping Duty New Shipper                and Border Protection (‘‘CBP’’): 1604.19.2000 and
                                                                                                          Reviews; 2013–2014, 80 FR 4544 (January 28, 2015)      1604 19.3000. On January 30, 2012, the Department
                                                  AGENCY:  Enforcement and Compliance,                    (‘‘Preliminary Rescission’’).                          added eight HTSUS numbers at the request of CBP:
                                                  International Trade Administration,                        2 See Memorandum to Gary Taverman, Associate        0304.62.0020, 0305.59.0000, 1604.19.2100,
                                                                                                          Deputy Assistant Secretary for Antidumping and         1604.19.3100, 1604.19.4100, 1604.19.5100,
                                                  Department of Commerce.                                                                                        1604.19.6100 and 1604.19.8100.
                                                                                                          Countervailing Duty Operations, through James C.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SUMMARY:   The Department of Commerce                   Doyle, Director, Office V, Antidumping and                4 See Memorandum to Paul Piquado, Assistant

                                                                                                          Countervailing Duty Operations, from Susan S.          Secretary for Enforcement & Compliance, from Gary
                                                  (‘‘Department’’) published its                          Pulongbarit, Senior International Trade Analyst,       Taverman, Associate Deputy Assistant Secretary for
                                                  Preliminary Rescission for two new                      Office V, Antidumping and Countervailing Duty          Antidumping and Countervailing Duty Operations,
                                                  shipper reviews (‘‘NSRs’’) of the                       Operations, regarding Certain Frozen Fish Fillets      ‘‘Issues and Decision Memorandum for the Final
                                                  antidumping duty order on certain                       from the Socialist Republic of Vietnam: Extension      Results of Antidumping Duty New Shipper
                                                                                                          of Deadline for Final Results of Antidumping Duty      Reviews: Certain Frozen Fish Fillets from the
                                                  frozen fish fillets from the Socialist                  New Shipper Reviews of Nam Phuong Seafood Co.,         Socialist Republic of Vietnam,’’ dated June 19,
                                                  Republic of Vietnam (‘‘Vietnam’’) on                    Ltd. and NTACO Corporation, dated April 6, 2015.       2015.



                                             VerDate Sep<11>2014   17:13 Jun 26, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                                                 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices                                                    36971

                                                  Nam Phuong’s and NTACO’s sales and                      the Vietnam-wide rate (i.e., 2.39 U.S.                 DEPARTMENT OF COMMERCE
                                                  preliminarily found them to be non-                     Dollars/kg); (2) for subject merchandise
                                                  bona fide.5 Based on the Department’s                   exported by Nam Phuong or NTACO but                    International Trade Administration
                                                  complete analysis of all the information                not manufactured by Nam Phuong or                      [C–560–829]
                                                  and comments on the record of this                      NTACO, the cash deposit rate will
                                                  review, the Department continues to                     continue to be the Vietnam-wide rate                   Certain Uncoated Paper From
                                                  find their sales to be non-bona fide.                   (i.e., 2.39 U.S. Dollars/kg); and (3) for              Indonesia: Preliminary Affirmative
                                                  With respect to both Nam Phuong and                     subject merchandise manufactured by                    Countervailing Duty Determination and
                                                  NTACO, the Department reached this                      Nam Phuong or NTACO, but exported                      Alignment of Final Determination With
                                                  conclusion based on the totality of                                                                            Final Antidumping Determination
                                                                                                          by any other party, the cash deposit rate
                                                  circumstances, namely: (a) The atypical
                                                                                                          will be the rate applicable to the                     AGENCY:   Enforcement and Compliance,
                                                  nature of their prices; (b) the atypical
                                                  involvement of other entities in the sale;              exporter. These cash deposit                           International Trade Administration,
                                                  (c) atypical circumstances surrounding                  requirements shall remain in effect until              Department of Commerce.
                                                  production; (d) late payment; and (e)                   further notice.                                        SUMMARY: The Department of Commerce
                                                  lack of profit on the resale of subject                 Administrative Protective Order                        (the Department) preliminarily
                                                  merchandise.6 For a complete                                                                                   determines that countervailable
                                                  discussion, see the I&D Memo and each                     This notice also serves as a reminder                subsidies are being provided to
                                                  company’s Final Bona Fide                               to parties subject to Administrative                   producers and/or exporters of certain
                                                  Memorandum.7                                            Protective Order (‘‘APO’’) of their                    uncoated paper from Indonesia. The
                                                                                                          responsibility concerning the return or                period of investigation is January 1,
                                                  Rescission of New Shipper Review                                                                               2014, through December 31, 2014.
                                                                                                          destruction of proprietary information
                                                    For the foregoing reasons, the                        disclosed under APO in accordance                      Interested parties are invited to
                                                  Department finds that Nam Phuong’s                                                                             comment on this preliminary
                                                                                                          with 19 CFR 351.305, which continues
                                                  and NTACO’s sales are non-bona fide                                                                            determination.
                                                                                                          to govern business proprietary
                                                  and that these sales do not provide a                                                                          DATES: Effective Date: June 29, 2015.
                                                  reasonable or reliable basis for                        information in these segments of the
                                                                                                          proceeding. Timely written notification                FOR FURTHER INFORMATION CONTACT:
                                                  calculating a dumping margin. Because
                                                                                                          of the return or destruction of APO                    David Goldberger or Kate Johnson,
                                                  these non-bona fide sales were the only
                                                                                                          materials, or conversion to judicial                   Office II, AD/CVD Operations,
                                                  sales of subject merchandise during the
                                                                                                          protective order, is hereby requested.                 Enforcement and Compliance,
                                                  POR, the Department is rescinding this
                                                                                                          Failure to comply with the regulations                 International Trade Administration,
                                                  NSR pursuant to section 19 CFR
                                                                                                          and terms of an APO is a violation                     U.S. Department of Commerce, 14th
                                                  351.214(f).
                                                                                                                                                                 Street and Constitution Avenue NW.,
                                                                                                          which is subject to sanction.
                                                  Cash Deposit Rates                                                                                             Washington, DC 20230; telephone: (202)
                                                                                                            We are issuing and publishing this                   482–4136 and (202) 482–4929,
                                                    The following cash deposit
                                                                                                          notice in accordance with sections                     respectively.
                                                  requirements continue to apply for all
                                                                                                          751(a)(2)(B) and 777(i) of the Tariff Act
                                                  shipment of subject merchandise from                                                                           Alignment of Final Countervailing Duty
                                                  Nam Phuong and NTACO entered, or                        of 1930, as amended, and 19 CFR
                                                                                                                                                                 (CVD) Determination With Final
                                                  withdrawn from warehouse: (1) For                       351.214.
                                                                                                                                                                 Antidumping Duty (AD) Determination
                                                  subject merchandise produced and                          Dated: June 18, 2015.
                                                                                                                                                                    On the same day that the Department
                                                  exported by Nam Phuong or NTACO,                        Paul Piquado,                                          initiated this CVD investigation, the
                                                  the cash deposit rate will continue to be               Assistant Secretary for Enforcement and                Department also initiated a CVD
                                                                                                          Compliance.                                            investigation of certain uncoated paper
                                                    5 See ‘‘Decision Memorandum for Preliminary

                                                  Results of Antidumping Duty New Shipper Review:         Appendix—Issues and Decision                           from the People’s Republic of China
                                                  Certain Frozen Fish Fillets from the Socialist                                                                 (PRC) and AD investigations of certain
                                                  Republic of Vietnam’’ from Gary Taverman,
                                                                                                          Memorandum
                                                                                                                                                                 uncoated paper from Australia, Brazil,
                                                  Associate Deputy Assistant Secretary for
                                                  Antidumping and Countervailing Duty Operations
                                                                                                          Summary                                                the PRC, Indonesia, and Portugal.1 The
                                                  to Paul Piquado, Assistant Secretary for                Background                                             AD and CVD investigations cover the
                                                  Enforcement and Compliance, dated January 20,           Scope of the Order                                     same merchandise. On June 17, 2015, in
                                                  2015 (‘‘Preliminary Decision Memorandum’’), and         Discussion of the Issues                               accordance with section 705(a)(1) of the
                                                  hereby adopted by this notice.                          Comment 1: Commerce’s Bona Fide Analysis
                                                    6 See I&D Memo.
                                                                                                                                                                 Tariff Act of 1930, as amended (the Act)
                                                    7 See Memorandum to James Doyle, Director,
                                                                                                              for Nam Phuong and NTACO                           and 19 CFR 351.210(b)(4)(i), the
                                                  Office V, Antidumping and Countervailing Duty           Comment 2: Surrogate Country Selection                 petitioners 2 requested alignment of the
                                                  Operations, through Scot T. Fullerton, Program              Recommendation                                     final CVD determination with the final
                                                  Manager, Office V, Antidumping and                      [FR Doc. 2015–15894 Filed 6–26–15; 8:45 am]            AD determination of certain uncoated
                                                  Countervailing Duty Operations, from Matthew
                                                  Renkey, Senior International Trade Analyst ‘‘New        BILLING CODE 3510–DS–P
                                                                                                                                                                   1 See Certain Uncoated Paper From the People’s
                                                  Shipper Review of Certain Frozen Fish Fillets from
                                                  the Socialist Republic of Vietnam: Final Analysis                                                              Republic of China and Indonesia: Initiation of
                                                  for the Bona Fide Nature of Nam Phuong Seafood                                                                 Countervailing Duty Investigations, 80 FR 8598
                                                  Co., Ltd.’s Sale,’’ dated June 19, 2015; see also                                                              (February 18, 2015); and Certain Uncoated Paper
                                                  Memorandum to James Doyle, Director, Office V,                                                                 From Australia, Brazil, the People’s Republic of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Antidumping and Countervailing Duty Operations,                                                                China, Indonesia, and Portugal: Initiation of Less-
                                                  through Scot T. Fullerton, Program Manager, Office                                                             Than-Fair-Value Investigations, 80 FR 8608
                                                  V, Antidumping and Countervailing Duty                                                                         (February 18, 2015).
                                                  Operations, from Susan Pulongbarit, Senior                                                                       2 The petitioners are United Steel, Paper and

                                                  International Trade Analyst ‘‘New Shipper Review                                                               Forestry, Rubber, Manufacturing, Energy, Allied
                                                  of Certain Frozen Fish Fillets from the Socialist                                                              Industrial and Service Workers International Union;
                                                  Republic of Vietnam: Final Analysis for the Bona                                                               Domtar Corporation; Finch Paper LLC; P.H.
                                                  Fide Nature of NTACO Corporations’s Sale,’’ dated                                                              Glatfelter Company; and Packaging Corporation of
                                                  June 19, 2015.                                                                                                 America.



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Document Created: 2015-12-15 14:24:56
Document Modified: 2015-12-15 14:24:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date June 29, 2015.
ContactMatthew Renkey (Nam Phuong) or Susan Pulongbarit (NTACO), 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) 482-2312 or (202) 482-4031, respectively.
FR Citation80 FR 36970 

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