80_FR_55269 80 FR 55092 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2013-2014

80 FR 55092 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 177 (September 14, 2015)

Page Range55092-55095
FR Document2015-22858

The Department of Commerce (``the Department'') is conducting the 11th administrative review of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'').\1\ The Department preliminarily determines that the Hung Vuong Group (``HVG'') \2\ and Thuan An Production Trading and Service Co., Ltd. (``TAFISHCO'') sold subject merchandise in the United States at prices below normal value (``NV'') during the period of review (``POR'') August 1, 2013, through July 31, 2014. 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. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 177 (Monday, September 14, 2015)
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55092-55095]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22858]


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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 and Partial Rescission of the Antidumping 
Duty Administrative Review; 2013-2014

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the 11th administrative review of the antidumping duty order on certain 
frozen fish fillets (``fish fillets'') from the Socialist Republic of 
Vietnam (``Vietnam'').\1\ The Department preliminarily determines that 
the Hung Vuong Group (``HVG'') \2\ and Thuan An Production Trading and 
Service Co., Ltd. (``TAFISHCO'') sold subject merchandise in the United 
States at prices below normal value (``NV'') during the period of 
review (``POR'') August 1, 2013, through July 31, 2014. 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.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (``Order'').
    \2\ The Department previously found that An Giang Fisheries 
Import & Export Joint Stock Company (``Agifish'') is a member of the 
Hung Vuong Group, which also includes 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).

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DATES: Effective date: September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Jerry Huang, 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 202-482-2243 
or 202-482-4047, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2014, the Department initiated the 11th 
administrative review of the antidumping duty order on fish fillets 
from Vietnam for the period August 1, 2013, through July 31, 2014.\3\ 
On April 8, 2015, the Department partially extended the deadline for 
issuing the preliminary results by 106 days.\4\ On August 11, 2015, the 
Department further extended the deadline for issuing the preliminary 
results by 14 days.\5\ The revised deadline for the preliminary results 
of this administrative is now August 31, 2015.
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 58729 (September 30, 2014) 
(``Initiation Notice'').
    \4\ See Memorandum to James P. Maeder, Senior Director, Office 
I, Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations regarding ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Extension of Deadline for Preliminary 
Results of 2013-2014 Antidumping Duty Administrative Review,'' dated 
April 8, 2015.
    \5\ 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 regarding ``Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Second Extension of 
Deadline for Preliminary Results of 2013-2014 Antidumping Duty 
Administrative Review,'' dated August 11, 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,

[[Page 55093]]

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'').\6\ Although the HTSUS 
subheading is provided for convenience and Customs purposes, our 
written description of the scope of the order is dispositive.\7\
---------------------------------------------------------------------------

    \6\ 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.
    \7\ See ``Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Decision Memorandum for the Preliminary Results 
of the 2012-2013 Antidumping Duty Administrative Review,'' dated 
concurrently with and hereby adopted by this notice (``Preliminary 
Decision Memorandum''), for a complete description of the Scope of 
the Order.
---------------------------------------------------------------------------

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 notice of initiation. On November 25, 2014, Vinh 
Hoan Corporation (``Vinh Hoan'') withdrew its review request.\8\ On 
November 25, 2014, Petitioner \9\ withdrew its review request with 
respect to Vinh Hoan.\10\ On December 23, 2014, Bien Dong Seafood Co., 
Ltd (``Bien Dong'') withdrew its review request,\11\ and Petitioner 
withdrew its review request with respect to Bien Dong Seafood on the 
same date.\12\ On December 29, 2014, Petitioner withdrew its review 
request with respect to Hung Vuong Seafood Joint Stock Company (``Hung 
Vuong Seafood''), Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen 
Seafood Processing Import Export Co., Ltd. or Thanh Hung) (``Thanh 
Hung''), Vinh Long Import-Export Company (also known as Vinh Long or 
Imex Cuu Long) (``Vinh Long'').\13\ No other party requested an 
administrative review of Vinh Hoan, Bien Dong, Hung Vuong Seafood, 
Thanh Hung, and Vinh Long. 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 Vinh Hoan, Bien Dong, 
Hung Vuong Seafood, Thanh Hung, and Vinh Long. The review will continue 
with respect to the other firms for which a review was requested and 
initiated.
---------------------------------------------------------------------------

    \8\ See Letter from Vinh Hoan regarding Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Withdraw of Request for 
Administrative Review--Vinh Hoan Corporation, dated November 25, 
2014.
    \9\ 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, ``Petitioner'').
    \10\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
November 25, 2014.
    \11\ See Letter from Bien Dong Seafood regarding Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Withdrawal of 
Request for Administrative Review--Bien Dong Seafood Co., Ltd., 
dated December 23, 2014.
    \12\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
December 23, 2014.
    \13\ See Letter from Petitioner regarding Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Partial Withdrawal 
of Request for Antidumping Duty Administrative Review, dated 
December 29, 2014. We note that Petitioners also withdrew their 
request for Anvifish Co., Ltd. (``Anvifish''), and Vinh Quang 
Fisheries Corporation (``Vinh Quang''). However, there are still 
outstanding review requests for these companies at this time.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    The following companies filed no-shipment certifications indicating 
that they did not export subject merchandise to the United States 
during the POR: An Giang Agriculture and Food Import-Export Joint Stock 
Company, Anvifish Joint Stock Company, Asia Commerce Fisheries Joint 
Stock Company, Binh An Seafood Joint Stock Company, Dai Thanh Seafoods 
Company Limited, Fatifish Company Limited, Golden Quality Seafood 
Corporation, Hiep Thanh Seafood Joint Stock Company, Hoa Phat Seafood 
Import-Export and Processing JSC, Ngoc Ha Co., Ltd. Food Processing and 
Trading, Quang Minh Seafood Company, Limited, QVD Food Company, Ltd., 
Saigon-Mekong Fishery Co., Ltd., Southern Fisheries Industries Company, 
Ltd., TG Fishery Holdings Corporation, and To Chau Joint Stock Company 
(collectively ``No Shipment Companies''). Based on the certifications 
submitted by the above companies, and our analysis of the CBP 
information, we preliminarily determine that the No Shipment Companies 
did not have any reviewable transactions during the POR. The Department 
finds that consistent with its practice in non-market economy (``NME'') 
cases, it is appropriate not to rescind the review in part in this 
circumstance but, rather, to complete the review with respect to the No 
Shipment Companies and issue appropriate instructions to CBP based on 
the final results of the review.\14\
---------------------------------------------------------------------------

    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------

Vietnam-Wide Entity

    A review was requested, but not rescinded, for Asia Pangasius 
Company Limited, Nam Phuong Seafood Co., Ltd., NTACO Corporation, Thien 
Ma Seafood Co., Ltd., Thuan Hung Co., Ltd. (collectively, ``No Response 
Companies'').\15\ The No Response Companies are not eligible for 
separate rate status because they did not submit completed separate 
rate applications or certifications.\16\ Accordingly, the Department 
finds that these No Response Companies are a part of the Vietnam-wide 
entity.
---------------------------------------------------------------------------

    \15\ See Initiation Notice, 79 FR at 58732.
    \16\ Id., 79 FR at 58730.
---------------------------------------------------------------------------

    The Department's change in policy regarding conditional review of 
the NME-wide entity applies to this administrative review.\17\ Under 
this policy, the Vietnam-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the Vietnam-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change.
---------------------------------------------------------------------------

    \17\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------

Methodology

    The Department conducted 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''). Constructed export prices and export prices have been 
calculated in accordance with section 772 of the Act. Because Vietnam 
is an NME within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) 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

[[Page 55094]]

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, 2013, 
through July 31, 2014:
---------------------------------------------------------------------------

    \18\ 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).
    \19\ 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.

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (dollars/
                                                         kilogram) \18\
------------------------------------------------------------------------
Hung Vuong Group \19\................................               0.36
Thuan An Production Trading and Services Co., Ltd....               0.84
Basa Joint Stock Company.............................               0.60
Cadovimex II Seafood Import-Export and Processing                   0.60
 Joint Stock Company.................................
Cafatex Corporation..................................               0.60
Can Tho Import-Export Joint Stock Company............               0.60
C.P. Vietnam Corporation.............................               0.60
Cuu Long Fish Joint Stock Company....................               0.60
East Sea Seafoods LLC................................               0.60
GODACO Seafood Joint Stock Company...................               0.60
Green Farms Seafood Joint Stock Company..............               0.60
Hoang Long Seafood Processing Company Limited........               0.60
International Development and Investment Corporation.               0.60
Nam Viet Corporation.................................               0.60
NTSF Seafoods Joint Stock Company....................               0.60
Seafood Joint Stock Company No. 4--Branch Dong Tam                  0.60
 Fisheries Processing Company........................
Viet Phu Foods and Fish Corporation..................               0.60
Vinh Quang Fisheries Joint-Stock Company.............               0.60
------------------------------------------------------------------------

Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\20\ 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.\21\ 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.\22\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.309(c)(1)(ii).
    \21\ See 19 CFR 351.309(d)(1)-(2).
    \22\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    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 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, 14th 
Street and 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.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For any individually examined respondent whose 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.\24\ 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.\25\
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    \24\ See 19 CFR 351.212(b)(1).
    \25\ 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

[[Page 55095]]

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 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

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. Selection of Respondents
    b. Preliminary Determination of No Shipments
    c. Non-Market Economy Country Status
    d. Separate Rates
    e. Vietnam-Wide Entity
    f. Surrogate Country
    g. Determination of Comparison Method
    h. Results of Differential Pricing Analysis
    i. Comparisons to Normal Value
    j. U.S. Price
    k. Use of Facts Available
    l. Normal Value
    m. Factor Valuations
    n. Currency Conversion
5. Recommendation

[FR Doc. 2015-22858 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P



                                              55092                     Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices

                                              on LRW from Korea with respect to the                   their responsibility concerning the                   entries of subject merchandise during
                                              above-named companies.3                                 disposition of proprietary information                the POR. Interested parties are invited to
                                                On May 29, 2015, the petitioner                       disclosed under APO in accordance                     comment on these preliminary results.
                                              timely withdrew its request for a review                with 19 CFR 351.305(a)(3). Timely                     DATES: Effective date: September 14,
                                              of Samsung and Daewoo.4                                 written notification of return/                       2015.
                                              Partial Rescission of Review                            destruction of APO materials or
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                      conversion to judicial protective order is
                                                 Pursuant to 19 CFR 351.213(d)(1), the                                                                      Javier Barrientos or Jerry Huang, AD/
                                                                                                      hereby requested. Failure to comply
                                              Department will rescind an                                                                                    CVD Operations, Office V, Enforcement
                                                                                                      with the regulations and the terms of an
                                              administrative review, in whole or in                                                                         and Compliance, International Trade
                                                                                                      APO is a sanctionable violation.
                                              part, if the parties that requested a                                                                         Administration, U.S. Department of
                                                                                                        This notice is published in
                                              review withdraw the request within 90                                                                         Commerce, 14th Street and Constitution
                                                                                                      accordance with section 751 of the Act
                                              days of the date of publication of notice                                                                     Avenue NW., Washington, DC 20230;
                                                                                                      and 19 CFR 351.213(d)(4).
                                              of initiation of the requested review.                                                                        telephone 202–482–2243 or 202–482–
                                                                                                        Dated: September 8, 2015.                           4047, respectively.
                                              The petitioner’s withdrawal request was
                                              filed before the 90-day deadline.                       Christian Marsh,                                      SUPPLEMENTARY INFORMATION:
                                              Therefore, in response to the                           Deputy Assistant Secretary for Antidumping
                                                                                                      and Countervailing Duty Operations.                   Background
                                              withdrawal of request for review of
                                              Samsung and Daewoo, and pursuant to                     [FR Doc. 2015–23051 Filed 9–11–15; 8:45 am]              On September 30, 2014, the
                                              19 CFR 351.213(d)(1), we are rescinding                 BILLING CODE 3510–DS–P                                Department initiated the 11th
                                              this review with regard to these                                                                              administrative review of the
                                              companies. The instant review will                                                                            antidumping duty order on fish fillets
                                              continue with respect to LG.                            DEPARTMENT OF COMMERCE                                from Vietnam for the period August 1,
                                                                                                                                                            2013, through July 31, 2014.3 On April
                                              Assessment                                              International Trade Administration                    8, 2015, the Department partially
                                                 The Department will instruct U.S.                    [A–552–801]                                           extended the deadline for issuing the
                                              Customs and Border Protection (CBP) to                                                                        preliminary results by 106 days.4 On
                                              assess antidumping duties on all                        Certain Frozen Fish Fillets From the                  August 11, 2015, the Department further
                                              appropriate entries. For the companies                  Socialist Republic of Vietnam:                        extended the deadline for issuing the
                                              for which this review is rescinded,                     Preliminary Results and Partial                       preliminary results by 14 days.5 The
                                              antidumping duties shall be assessed at                 Rescission of the Antidumping Duty                    revised deadline for the preliminary
                                              rates equal to the cash deposit of                      Administrative Review; 2013–2014                      results of this administrative is now
                                              estimated antidumping duties required                                                                         August 31, 2015.
                                                                                                      AGENCY:   Enforcement and Compliance,
                                              at the time of entry, or withdrawal from
                                                                                                      International Trade Administration,                   Scope of the Order
                                              warehouse, for consumption, in
                                                                                                      Department of Commerce.                                  The product covered by the order is
                                              accordance with 19 CFR
                                                                                                      SUMMARY: The Department of Commerce                   frozen fish fillets, including regular,
                                              351.212(c)(1)(i). The Department
                                              intends to issue appropriate assessment                 (‘‘the Department’’) is conducting the                shank, and strip fillets and portions
                                              instructions directly to CBP 15 days                    11th administrative review of the                     thereof, whether or not breaded or
                                              after the date of publication of this                   antidumping duty order on certain                     marinated, of the species Pangasius
                                              notice in the Federal Register.                         frozen fish fillets (‘‘fish fillets’’) from the       Bocourti, Pangasius Hypophthalmus
                                                                                                      Socialist Republic of Vietnam                         (also known as Pangasius Pangasius)
                                              Notification to Importers                               (‘‘Vietnam’’).1 The Department                        and Pangasius Micronemus. These
                                                This notice serves as the only                        preliminarily determines that the Hung                products are classifiable under tariff
                                              reminder to importers of their                          Vuong Group (‘‘HVG’’) 2 and Thuan An                  article codes 0304.29.6033,
                                              responsibility, under 19 CFR                            Production Trading and Service Co.,                   0304.62.0020, 0305.59.0000,
                                              351.402(f)(2), to file a certificate                    Ltd. (‘‘TAFISHCO’’) sold subject                      0305.59.4000, 1604.19.2000,
                                              regarding the reimbursement of                          merchandise in the United States at                   1604.19.2100, 1604.19.3000,
                                              antidumping and/or countervailing                       prices below normal value (‘‘NV’’)                    1604.19.3100, 1604.19.4000,
                                              duties prior to liquidation of the                      during the period of review (‘‘POR’’)                 1604.19.4100, 1604.19.5000,
                                              relevant entries during this review                     August 1, 2013, through July 31, 2014.
                                              period. Failure to comply with this                     If these preliminary results are adopted                 3 See Initiation of Antidumping and

                                              requirement may result in the                           in the final results, the Department will             Countervailing Duty Administrative Reviews, 79 FR
                                                                                                      instruct U.S. Customs and Border                      58729 (September 30, 2014) (‘‘Initiation Notice’’).
                                              presumption that reimbursement of                                                                                4 See Memorandum to James P. Maeder, Senior
                                              antidumping and/or countervailing                       Protection (‘‘CBP’’) to assess
                                                                                                                                                            Director, Office I, Antidumping and Countervailing
                                              duties occurred and the subsequent                      antidumping duties on all appropriate                 Duty Operations, through James C. Doyle, Director,
                                              assessment of double antidumping                                                                              Office V, Antidumping and Countervailing Duty
                                                                                                         1 See Notice of Antidumping Duty Order: Certain    Operations regarding ‘‘Certain Frozen Fish Fillets
                                              duties.
                                                                                                      Frozen Fish Fillets from the Socialist Republic of    from the Socialist Republic of Vietnam: Extension
                                              Notification Regarding Administrative                   Vietnam, 68 FR 47909 (August 12, 2003) (‘‘Order’’).   of Deadline for Preliminary Results of 2013–2014
                                              Protective Order                                           2 The Department previously found that An Giang    Antidumping Duty Administrative Review,’’ dated
                                                                                                      Fisheries Import & Export Joint Stock Company         April 8, 2015.
                                                This notice serves as the only                        (‘‘Agifish’’) is a member of the Hung Vuong Group,       5 See Memorandum to Gary Taverman, Associate

                                              reminder to parties subject to                          which also includes Asia Pangasius Company            Deputy Assistant Secretary for Antidumping and
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      Limited, Europe Joint Stock Company, Hung Vuong       Countervailing Duty Operations, through James C.
                                              administrative protective order (APO) of                Joint Stock Company, Hung Vuong Mascato               Doyle, Director, Office V, Antidumping and
                                                                                                      Company Limited, Hung Vuong—Vinh Long Co.,            Countervailing Duty Operations regarding ‘‘Certain
                                                3 See Initiation of Antidumping and
                                                                                                      Ltd. and Hung Vuong—Sa Dec Co., Ltd. See Certain      Frozen Fish Fillets from the Socialist Republic of
                                              Countervailing Duty Administrative Reviews, 80 FR       Frozen Fish Fillets From the Socialist Republic of    Vietnam: Second Extension of Deadline for
                                              18202 (April 3, 2015).                                  Vietnam: Final Results of the Antidumping Duty        Preliminary Results of 2013–2014 Antidumping
                                                4 See May 29, 2015, letter from the petitioner        Administrative Review and New Shipper Review;         Duty Administrative Review,’’ dated August 11,
                                              regarding withdrawal of request for review.             2011–2012, 79 FR 19053 (April 7, 2014).               2015.



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                                                                         Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices                                                 55093

                                              1604.19.5100, 1604.19.6100 and                          December 29, 2014, Petitioner withdrew                appropriate not to rescind the review in
                                              1604.19.8100 (Frozen Fish Fillets of the                its review request with respect to Hung               part in this circumstance but, rather, to
                                              species Pangasius including basa and                    Vuong Seafood Joint Stock Company                     complete the review with respect to the
                                              tra) of the Harmonized Tariff Schedule                  (‘‘Hung Vuong Seafood’’), Thanh Hung                  No Shipment Companies and issue
                                              of the United States (‘‘HTSUS’’).6                      Co., Ltd. (also known as Thanh Hung                   appropriate instructions to CBP based
                                              Although the HTSUS subheading is                        Frozen Seafood Processing Import                      on the final results of the review.14
                                              provided for convenience and Customs                    Export Co., Ltd. or Thanh Hung)
                                                                                                                                                            Vietnam-Wide Entity
                                              purposes, our written description of the                (‘‘Thanh Hung’’), Vinh Long Import-
                                              scope of the order is dispositive.7                     Export Company (also known as Vinh                      A review was requested, but not
                                                                                                      Long or Imex Cuu Long) (‘‘Vinh                        rescinded, for Asia Pangasius Company
                                              Partial Rescission of Administrative                    Long’’).13 No other party requested an                Limited, Nam Phuong Seafood Co., Ltd.,
                                              Review                                                  administrative review of Vinh Hoan,                   NTACO Corporation, Thien Ma Seafood
                                                 Pursuant to 19 CFR 351.213(d)(1), the                Bien Dong, Hung Vuong Seafood, Thanh                  Co., Ltd., Thuan Hung Co., Ltd.
                                              Department will rescind an                              Hung, and Vinh Long. Therefore, in                    (collectively, ‘‘No Response
                                              administrative review, in whole or in                   accordance with 19 CFR 351.213(d)(1),                 Companies’’).15 The No Response
                                              part, if the parties that requested a                   the Department is rescinding this review              Companies are not eligible for separate
                                              review withdraw the request within 90                   of the antidumping duty order on                      rate status because they did not submit
                                              days of the date of publication of the                  certain frozen fish fillets from the                  completed separate rate applications or
                                              notice of initiation. On November 25,                   Socialist Republic of Vietnam with                    certifications.16 Accordingly, the
                                              2014, Vinh Hoan Corporation (‘‘Vinh                     respect to Vinh Hoan, Bien Dong, Hung                 Department finds that these No
                                              Hoan’’) withdrew its review request.8                   Vuong Seafood, Thanh Hung, and Vinh                   Response Companies are a part of the
                                              On November 25, 2014, Petitioner 9                      Long. The review will continue with                   Vietnam-wide entity.
                                              withdrew its review request with                        respect to the other firms for which a                  The Department’s change in policy
                                              respect to Vinh Hoan.10 On December                     review was requested and initiated.                   regarding conditional review of the
                                              23, 2014, Bien Dong Seafood Co., Ltd                                                                          NME-wide entity applies to this
                                                                                                      Preliminary Determination of No                       administrative review.17 Under this
                                              (‘‘Bien Dong’’) withdrew its review                     Shipments
                                              request,11 and Petitioner withdrew its                                                                        policy, the Vietnam-wide entity will not
                                              review request with respect to Bien                       The following companies filed no-                   be under review unless a party
                                              Dong Seafood on the same date.12 On                     shipment certifications indicating that               specifically requests, or the Department
                                                                                                      they did not export subject merchandise               self-initiates, a review of the entity.
                                                6 Until July 1, 2004, these products were             to the United States during the POR: An               Because no party requested a review of
                                              classifiable under HTSUS 0304.20.6030 (Frozen           Giang Agriculture and Food Import-                    the Vietnam-wide entity in this review,
                                              Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,    Export Joint Stock Company, Anvifish                  the entity is not under review and the
                                              NESOI), 0304.20.6043 (Frozen Freshwater Fish            Joint Stock Company, Asia Commerce                    entity’s rate is not subject to change.
                                              Fillets) and 0304.20.6057 (Frozen Sole Fillets).
                                              Until February 1, 2007, these products were             Fisheries Joint Stock Company, Binh An                Methodology
                                              classifiable under HTSUS 0304.20.6033 (Frozen           Seafood Joint Stock Company, Dai
                                              Fish Fillets of the species Pangasius, including basa   Thanh Seafoods Company Limited,                          The Department conducted this
                                              and tra). On March 2, 2011, the Department added        Fatifish Company Limited, Golden                      review in accordance with sections
                                              two HTSUS numbers at the request of U.S. Customs                                                              751(a)(1)(B) and 751(a)(2)(A) of the
                                              and Border Protection (‘‘CBP’’): 1604.19.2000 and       Quality Seafood Corporation, Hiep
                                              1604 19.3000. On January 30, 2012, the Department       Thanh Seafood Joint Stock Company,                    Tariff Act of 1930, as amended (‘‘the
                                              added eight HTSUS numbers at the request of CBP:        Hoa Phat Seafood Import-Export and                    Act’’). Constructed export prices and
                                              0304.62.0020, 0305.59.0000, 1604.19.2100,               Processing JSC, Ngoc Ha Co., Ltd. Food                export prices have been calculated in
                                              1604.19.3100, 1604.19.4100, 1604.19.5100,                                                                     accordance with section 772 of the Act.
                                              1604.19.6100 and 1604.19.8100.
                                                                                                      Processing and Trading, Quang Minh
                                                7 See ‘‘Certain Frozen Fish Fillets from the          Seafood Company, Limited, QVD Food                    Because Vietnam is an NME within the
                                              Socialist Republic of Vietnam: Decision                 Company, Ltd., Saigon-Mekong Fishery                  meaning of section 771(18) of the Act,
                                              Memorandum for the Preliminary Results of the           Co., Ltd., Southern Fisheries Industries              NV has been calculated in accordance
                                              2012–2013 Antidumping Duty Administrative               Company, Ltd., TG Fishery Holdings                    with section 773(c) of the Act.
                                              Review,’’ dated concurrently with and hereby                                                                     For a full description of the
                                              adopted by this notice (‘‘Preliminary Decision          Corporation, and To Chau Joint Stock
                                                                                                      Company (collectively ‘‘No Shipment                   methodology underlying our
                                              Memorandum’’), for a complete description of the
                                              Scope of the Order.                                     Companies’’). Based on the                            conclusions, see the Preliminary
                                                8 See Letter from Vinh Hoan regarding Frozen
                                                                                                      certifications submitted by the above                 Decision Memorandum. The
                                              Fish Fillets from the Socialist Republic of Vietnam:
                                                                                                      companies, and our analysis of the CBP                Preliminary Decision Memorandum is a
                                              Withdraw of Request for Administrative Review—                                                                public document and is on file
                                              Vinh Hoan Corporation, dated November 25, 2014.         information, we preliminarily determine
                                                9 Catfish Farmers of America and individual U.S.      that the No Shipment Companies did                    electronically via Enforcement and
                                              catfish processors America’s Catch, Alabama             not have any reviewable transactions                  Compliance’s Antidumping and
                                              Catfish Inc. dba Harvest Select Catfish, Inc.,          during the POR. The Department finds                  Countervailing Duty Centralized
                                              Heartland Catfish Company, Magnolia Processing,
                                                                                                      that consistent with its practice in non-             Electronic Service System (‘‘ACCESS’’).
                                              Inc. dba Pride of the Pond, and Simmons Farm                                                                  ACCESS is available to registered users
                                              Raised Catfish, Inc. (hereinafter, ‘‘Petitioner’’).     market economy (‘‘NME’’) cases, it is
                                                10 See Letter from Petitioner regarding Certain
                                                                                                                                                            at http://access.trade.gov, and is
                                              Frozen Fish Fillets from the Socialist Republic of      Antidumping Duty Administrative Review, dated
                                                                                                                                                              14 See Non-Market Economy Antidumping
                                              Vietnam: Partial Withdrawal of Request for              December 23, 2014.
                                              Antidumping Duty Administrative Review, dated              13 See Letter from Petitioner regarding Certain    Proceedings: Assessment of Antidumping Duties, 76
                                              November 25, 2014.                                      Frozen Fish Fillets from the Socialist Republic of    FR 65694, 65694–65695 (October 24, 2011).
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                                                11 See Letter from Bien Dong Seafood regarding                                                                15 See Initiation Notice, 79 FR at 58732.
                                                                                                      Vietnam: Partial Withdrawal of Request for
                                              Frozen Fish Fillets from the Socialist Republic of      Antidumping Duty Administrative Review, dated           16 Id., 79 FR at 58730.

                                              Vietnam: Withdrawal of Request for Administrative       December 29, 2014. We note that Petitioners also        17 See Antidumping Proceedings: Announcement
                                              Review—Bien Dong Seafood Co., Ltd., dated               withdrew their request for Anvifish Co., Ltd.         of Change in Department Practice for Respondent
                                              December 23, 2014.                                      (‘‘Anvifish’’), and Vinh Quang Fisheries              Selection in Antidumping Duty Proceedings and
                                                12 See Letter from Petitioner regarding Certain       Corporation (‘‘Vinh Quang’’). However, there are      Conditional Review of the Nonmarket Economy
                                              Frozen Fish Fillets from the Socialist Republic of      still outstanding review requests for these           Entity in NME Antidumping Duty Proceedings, 78
                                              Vietnam: Partial Withdrawal of Request for              companies at this time.                               FR 65963 (November 4, 2013).



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                                              55094                               Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices

                                              available to all parties in the Central                                   http://enforcement.trade.gov/frn/. The                                    Preliminary Results of Review
                                              Records Unit, room B8024 of the main                                      signed Preliminary Decision                                                 The Department preliminarily
                                              Department of Commerce building. In                                       Memorandum and the electronic                                             determines that the following weighted-
                                              addition, a complete version of the                                       versions of the Preliminary Decision                                      average dumping margins exist for the
                                              Preliminary Decision Memorandum can                                       Memorandum are identical in content.                                      period August 1, 2013, through July 31,
                                              be accessed directly on the internet at                                                                                                             2014:

                                                                                                                                                                                                                                            Weighted-average
                                                                                                                                                                                                                                                 margin
                                                                                                                                     Exporter                                                                                                 (dollars/kilo-
                                                                                                                                                                                                                                                gram) 18

                                              Hung Vuong Group 19 ....................................................................................................................................................................                  0.36
                                              Thuan An Production Trading and Services Co., Ltd ...................................................................................................................                                     0.84
                                              Basa Joint Stock Company ...........................................................................................................................................................                      0.60
                                              Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..............................................................................                                                      0.60
                                              Cafatex Corporation .......................................................................................................................................................................               0.60
                                              Can Tho Import-Export Joint Stock Company ..............................................................................................................................                                  0.60
                                              C.P. Vietnam Corporation ..............................................................................................................................................................                   0.60
                                              Cuu Long Fish Joint Stock Company ............................................................................................................................................                            0.60
                                              East Sea Seafoods LLC ................................................................................................................................................................                    0.60
                                              GODACO Seafood Joint Stock Company .....................................................................................................................................                                  0.60
                                              Green Farms Seafood Joint Stock Company ...............................................................................................................................                                   0.60
                                              Hoang Long Seafood Processing Company Limited ....................................................................................................................                                        0.60
                                              International Development and Investment Corporation ...............................................................................................................                                      0.60
                                              Nam Viet Corporation ....................................................................................................................................................................                 0.60
                                              NTSF Seafoods Joint Stock Company ..........................................................................................................................................                              0.60
                                              Seafood Joint Stock Company No. 4—Branch Dong Tam Fisheries Processing Company .......................................................                                                                    0.60
                                              Viet Phu Foods and Fish Corporation ...........................................................................................................................................                           0.60
                                              Vinh Quang Fisheries Joint-Stock Company ................................................................................................................................                                 0.60



                                              Disclosure, Public Comment and                                            (2) the number of participants; and (3)                                   days after the publication date of the
                                              Opportunity To Request a Hearing                                          a list of issues parties intend to discuss.                               final results of this review.
                                                 The Department will disclose the                                       Issues raised in the hearing will be                                         For any individually examined
                                              calculations used in our analysis to                                      limited to those raised in the respective                                 respondent whose weighted average
                                              parties in this review within five days                                   case and rebuttal briefs. If a request for                                dumping margin is above de minimis
                                              of the date of publication of this notice                                 a hearing is made, the Department                                         (i.e., 0.50 percent) in the final results of
                                              in accordance with 19 CFR 351.224(b).                                     intends to hold the hearing at the U.S.                                   this review, the Department will
                                                 Interested parties may submit case                                     Department of Commerce, 14th Street                                       calculate importer-specific assessment
                                              briefs within 30 days after the date of                                   and Constitution Avenue NW.,                                              rates on the basis of the ratio of the total
                                              publication of these preliminary results                                  Washington, DC 20230, at a date and                                       amount of dumping calculated for the
                                              of review in the Federal Register.20                                      time to be determined. See 19 CFR                                         importer’s examined sales to the total
                                              Rebuttals to case briefs, which must be                                   351.310(d). Parties should confirm by                                     entered value of sales, in accordance
                                              limited to issues raised in the case                                      telephone the date, time, and location of                                 with 19 CFR 351.212(b)(1). Where an
                                              briefs, must be filed within five days                                    the hearing two days before the                                           importer- (or customer-) specific ad
                                              after the time limit for filing case                                      scheduled date.                                                           valorem rate is greater than de minimis,
                                              briefs.21 Parties who submit arguments                                       The Department intends to issue the                                    the Department will instruct CBP to
                                              are requested to submit with the                                          final results of this administrative                                      collect the appropriate duties at the time
                                              argument (a) a statement of the issue, (b)                                review, which will include the results of                                 of liquidation.24 Where either a
                                              a brief summary of the argument, and (c)                                  our analysis of all issues raised in the                                  respondent’s weighted average dumping
                                              a table of authorities.22 Parties                                         case briefs, within 120 days of                                           margin is zero or de minimis, or an
                                              submitting briefs should do so pursuant                                   publication of these preliminary results                                  importer- (or customer-) specific ad
                                              to the Department’s electronic filing                                     in the Federal Register, pursuant to                                      valorem is zero or de minimis, the
                                              system, ACCESS.                                                           section 751(a)(3)(A) of the Act.                                          Department will instruct CBP to
                                                 Pursuant to 19 CFR 351.310(c),                                                                                                                   liquidate appropriate entries without
                                                                                                                        Assessment Rates
                                              interested parties who wish to request a                                                                                                            regard to antidumping duties.25
                                              hearing must submit a written request to                                     Upon issuance of the final results, the                                Cash Deposit Requirements
                                              the Assistant Secretary for Enforcement                                   Department will determine, and CBP
                                              and Compliance within 30 days of the                                      shall assess, antidumping duties on all                                     The following cash deposit
                                              date of publication of this notice.                                       appropriate entries covered by this                                       requirements will be effective upon
                                              Requests should contain: (1) The party’s                                  review.23 The Department intends to                                       publication of the final results of this
                                              name, address and telephone number;                                       issue assessment instructions to CBP 15                                   review for shipments of the subject
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                                                18 In the third administrative review of this order,                      19 This rate is applicable to the Hung Vuong                               20 See 19 CFR 351.309(c)(1)(ii).
                                              the Department determined that it would calculate                         Group, which includes: An Giang Fisheries Import                             21 See 19 CFR 351.309(d)(1)–(2).
                                              per-unit assessment and cash deposit rates for all                        and Export Joint Stock Company, Asia Pangasius                               22 See 19 CFR 351.309(c)(2), (d)(2).
                                              future reviews. See Certain Frozen Fish Fillets from                      Company Limited, Europe Joint Stock Company,                                 23 See 19 CFR 351.212(b).
                                              the Socialist Republic of Vietnam: Final Results of                       Hung Vuong Joint Stock Company, Hung Vuong
                                                                                                                                                                                                     24 See 19 CFR 351.212(b)(1).
                                              Antidumping Duty Administrative Review and                                Mascato Company Limited, Hung Vuong—Vinh
                                              Partial Rescission, 73 FR 15479 (March 24, 2008).                         Long Co., Ltd., and Hung Vuong—Sa Dec Co., Ltd.                              25 See 19 CFR 351.106(c)(2).




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                                                                        Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices                                                  55095

                                              merchandise from Vietnam entered, or                       h. Results of Differential Pricing Analysis        reasons why a hearing on this
                                              withdrawn from warehouse, for                              i. Comparisons to Normal Value                     application would be appropriate.
                                              consumption on or after the publication                    j. U.S. Price
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                              date, as provided by sections                              k. Use of Facts Available
                                                                                                         l. Normal Value                                    Brendan Hurley or Amy Hapeman, (301)
                                              751(a)(2)(C) of the Act: (1) For the                       m. Factor Valuations                               427–8401.
                                              companies listed above that have a                         n. Currency Conversion                             SUPPLEMENTARY INFORMATION: The
                                              separate rate, the cash deposit rate will               5. Recommendation                                     subject permit is requested under the
                                              be that established in the final results of             [FR Doc. 2015–22858 Filed 9–11–15; 8:45 am]           authority of the Endangered Species Act
                                              this review (except, if the rate is zero or                                                                   of 1973, as amended (ESA; 16 U.S.C.
                                                                                                      BILLING CODE 3510–DS–P
                                              de minimis, then zero cash deposit will                                                                       1531 et seq.) and the regulations
                                              be required); (2) for previously                                                                              governing the taking, importing, and
                                              investigated or reviewed Vietnam and                    DEPARTMENT OF COMMERCE                                exporting of endangered and threatened
                                              non-Vietnam exporters not listed above                                                                        species (50 CFR parts 222–226).
                                              that received a separate rate in a prior                National Oceanic and Atmospheric                        The applicant requests a five-year
                                              segment of this proceeding, the cash                    Administration                                        permit to continue monitoring the
                                              deposit rate will continue to be the                                                                          abundance and distribution of sea
                                                                                                      RIN 0648–XE154
                                              existing exporter-specific rate; (3) for all                                                                  turtles inhabiting the waters of the
                                              Vietnam exporters of subject                            Endangered Species; File No. 18926                    northern Indian River Lagoon and
                                              merchandise that have not been found                                                                          Mosquito Lagoon system (in Volusia
                                              to be entitled to a separate rate, the cash             AGENCY:  National Marine Fisheries                    and Brevard Counties), Florida. The
                                              deposit rate will be that for the Vietnam               Service (NMFS), National Oceanic and                  purpose of this project is to provide
                                              -wide entity; and (4) for all non-Vietnam               Atmospheric Administration (NOAA),                    NASA-Kennedy Space Center with
                                              exporters of subject merchandise which                  Commerce.                                             updates on the status of marine turtles
                                              have not received their own rate, the                   ACTION: Notice; receipt of application.               within its boundaries and nearby
                                              cash deposit rate will be the rate                                                                            waters. This area also will continue to
                                              applicable to the Vietnam exporter that                 SUMMARY:    Notice is hereby given that
                                                                                                                                                            be used as an index site to document
                                              supplied that non-Vietnam exporter.                     Jane Provancha, Mail Code: IHA–005
                                                                                                                                                            distribution and movement of
                                              These deposit requirements, when                        OHF, Room 1104, Kennedy Space
                                                                                                                                                            individuals in these waters. The
                                              imposed, shall remain in effect until                   Center, FL 32815 has applied in due
                                                                                                                                                            applicant requests to capture by hand,
                                              further notice.                                         form for a permit to take green sea
                                                                                                                                                            tangle, or dip net up to 50 green, one
                                                                                                      (Chelonia mydas), loggerhead (Caretta
                                              Notification to Importers                                                                                     Kemp’s ridley, 1 hawksbill, and 50
                                                                                                      caretta), Kemp’s ridley (Lepidochelys
                                                                                                                                                            loggerhead turtles, each year. Turtles
                                                 This notice also serves as a                         kempii), and hawksbill (Eretmochelys
                                                                                                                                                            will be placed onboard a research vessel
                                              preliminary reminder to importers of                    imbricata) sea turtles for purposes of
                                                                                                                                                            for morphometric measures, tagging,
                                              their responsibility under 19 CFR                       scientific research.
                                                                                                                                                            photographs, tissue and blood sampling,
                                              351.402(f)(2) to file a certificate                     DATES: Written, telefaxed, or email                   and/or possible lavage, before release. A
                                              regarding the reimbursement of                          comments must be received on or before                subset of captured turtles may also be
                                              antidumping duties prior to liquidation                 October 14, 2015.                                     released with sonic transmitters glued to
                                              of the relevant entries during the POR.                 ADDRESSES: The application and related                the carapace.
                                              Failure to comply with this requirement                 documents are available for review by
                                              could result in the Department’s                                                                                Dated: September 8, 2015.
                                                                                                      selecting ‘‘Records Open for Public
                                              presumption that reimbursement of                                                                             Julia Harrison,
                                                                                                      Comment’’ from the ‘‘Features’’ box on
                                              antidumping duties occurred and the                     the Applications and Permits for                      Chief, Permits and Conservation Division,
                                              subsequent assessment of double                                                                               Office of Protected Resources, National
                                                                                                      Protected Species (APPS) home page,                   Marine Fisheries Service.
                                              antidumping duties.                                     https://apps.nmfs.noaa.gov, and then
                                                 This preliminary determination is                                                                          [FR Doc. 2015–23007 Filed 9–11–15; 8:45 am]
                                                                                                      selecting File No. 18926 from the list of
                                              issued and published in accordance                      available applications.                               BILLING CODE 3510–22–P
                                              with sections 751(a)(1) and 777(i)(1) of                  These documents are also available
                                              the Act.                                                upon written request or by appointment
                                                                                                                                                            DEPARTMENT OF COMMERCE
                                                Dated: August 21, 2015.                               in the Permits and Conservation
                                              Paul Piquado,                                           Division, Office of Protected Resources,              National Oceanic and Atmospheric
                                              Assistant Secretary for Enforcement and                 NMFS, 1315 East-West Highway, Room                    Administration
                                              Compliance.                                             13705, Silver Spring, MD 20910; phone
                                                                                                      (301) 427–8401; fax (301) 713–0376.                   RIN 0648–XE172
                                              Appendix                                                  Written comments on this application
                                                                                                                                                            Endangered Species; File No. 19528
                                              List of Topics Discussed in the Preliminary             should be submitted to the Chief,
                                              Decision Memorandum                                     Permits and Conservation Division, at                 AGENCY:  National Marine Fisheries
                                              1. Summary                                              the address listed above. Comments may                Service (NMFS), National Oceanic and
                                              2. Case History                                         also be submitted by facsimile to (301)               Atmospheric Administration (NOAA),
                                              3. Scope of the Order                                   713–0376, or by email to                              Commerce.
                                              4. Discussion of the Methodology                        NMFS.Pr1Comments@noaa.gov. Please                     ACTION: Notice; receipt of application.
                                                 a. Selection of Respondents
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                                                                                                      include the File No. in the subject line
                                                 b. Preliminary Determination of No
                                                                                                      of the email comment.                                 SUMMARY:   Notice is hereby given that
                                                    Shipments
                                                 c. Non-Market Economy Country Status
                                                                                                        Those individuals requesting a public               Michael Bresette, Inwater Research
                                                 d. Separate Rates                                    hearing should submit a written request               Group Inc., 4160 NE Hyline Dr., Jensen
                                                 e. Vietnam-Wide Entity                               to the Chief, Permits and Conservation                Beach, FL 34957, has applied in due
                                                 f. Surrogate Country                                 Division at the address listed above. The             form for a permit to take green (Chelonia
                                                 g. Determination of Comparison Method                request should set forth the specific                 mydas), hawksbill (Eretmochelys


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Document Created: 2018-02-26 10:14:56
Document Modified: 2018-02-26 10:14:56
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: September 14, 2015.
ContactJavier Barrientos or Jerry Huang, 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 202-482-2243 or 202-482-4047, respectively.
FR Citation80 FR 55092 

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