81_FR_17495 81 FR 17435 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014

81 FR 17435 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range17435-17438
FR Document2016-07072

The Department of Commerce (``the Department'') published the Preliminary Results of the 11th administrative review of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on September 14, 2015.\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the ``Final Results of the Administrative Review'' section of this notice. The period of review (``POR'') is August 1, 2013, through July 31, 2014. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17435-17438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


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

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

SUMMARY: The Department of Commerce (``the Department'') published the 
Preliminary Results of the 11th administrative review of the 
antidumping duty order on certain frozen fish fillets (``fish 
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on 
September 14, 2015.\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for these final results. The final dumping margins are 
listed below in the ``Final Results of the Administrative Review'' 
section of this notice. The period of review (``POR'') is August 1, 
2013, through July 31, 2014.
---------------------------------------------------------------------------

    \1\ See 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 
(September 14, 2015) (``Preliminary Results'') and accompanying 
Preliminary Decision Memorandum (``Preliminary Decision Memo'').

---------------------------------------------------------------------------
DATES: Effective March 29, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 
or 202-482-2243, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 14, 
2015.\2\ The Department conducted a verification of Thuan An Production 
Trading and Service Co., Ltd. (``Tafishco'') and its tollers between 
September 21, 2015, through October 6, 2015.\3\ The Department also 
conducted a verification of the Hung Vuong Group\4\ (``HVG'') between 
November 10, 2015, through November 24, 2015.\5\ On January 11, 2016, 
the Department extended the deadline for the final results to March 14, 
2016.\6\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement and Compliance, the Department has exercised 
its discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government.\7\ All deadlines in this segment of 
the proceeding have been extended by four business days. The revised 
deadline for the final results of this administrative review is now 
March 18, 2016. Between February 11 and February 22, 2016, interested 
parties submitted case and rebuttal briefs. On March 3, 2016, the 
Department held a closed hearing and a public hearing limited to issues 
raised in the case and rebuttal briefs.
---------------------------------------------------------------------------

    \2\ See Preliminary Results.
    \3\ See Memorandum to the File, from Jerry Huang, International 
Trade Analyst, Office V, and Javier Barrientos, International Trade 
Analyst, Office V, ``Verification of the Sales and Factors of 
Production Responses of Thuan An Production Trading and Service Co., 
Ltd. in the 2013-2014 Administrative Review of Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam,'' dated February 2, 
2016.
    \4\ The Hung Vuong Group includes: An Giang Fisheries Import & 
Export Joint Stock Company, Asia Pangasius Company Limited (``Asia 
Pangasius''), Europe Joint Stock Company, Hung Vuong Joint Stock 
Company, Hung Vuong Mascato Company Limited, Hung Vuong--Vinh Long 
Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd. See Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of the 
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014) and accompanying Issues and 
Decision Memorandum at 3.
    \5\ See Memorandum to the File, from Javier Barrientos, 
International Trade Analyst, Office V, and Kenneth Hawkins, 
International Trade Analyst, Office V, ``Verification of the Sales 
and Factors of Production Responses of Agifish and HVG in the 2013-
2014 Administrative Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam,'' dated February 5, 2016.
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations from Jerry Huang, International Trade 
Analyst, Office V, Antidumping and Countervailing Duty Operations, 
``Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated January 11, 2016.
    \7\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas,'' 
dated January 27, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius) and Pangasius 
Micronemus. These products are classifiable under tariff article code 
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including 
basa and tra), and may enter under tariff article codes 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\8\ Although

[[Page 17436]]

the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.\9\
---------------------------------------------------------------------------

    \8\ Until June 30, 2004 these products were classifiable under 
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. 
From July 1, 2004 until December 31, 2006 these products were 
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until 
December 31, 2011 these products were classifiable under HTSUS 
0304.29.6033. On March 2, 2011 the Department added two HTSUS 
numbers at the request of U.S. Customs and Border Protection 
(``CBP'') that the subject merchandise may enter under: 1604.19.2000 
and 1604 19.3000, which were changed to 1604.19.2100 and 
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department 
added the following HTSUS numbers at the request of CBP: 
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
    \9\ For a complete description of the scope of the order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Issues and 
Decision Memorandum for the Final Results of the 11th Antidumping 
Duty Administrative Review; 2013-2014,'' at 2-3 (``Issues and 
Decision Memorandum''), dated concurrently with and hereby adopted 
by this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Room 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 Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculations for HVG and Tafishco. The Surrogate Values Memo 
contains further explanation of our changes to the surrogate values 
selected for HVG's and Tafishco's factors of production.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum to the File, through Paul Walker, Program 
Manager, from Javier Barrientos, Case Analyst, ``Eleventh 
Administrative Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Surrogate Values for the Final 
Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that An Giang Agriculture and Food Import-Export 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 (``QVD''),\11\ 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'') did not have any reviewable transactions 
during the POR.\12\ Consistent with the Department's refinement to its 
assessment practice in non-market economy (``NME'') cases, we completed 
the review with respect to the above-named companies.\13\ Based on the 
certifications submitted by No Shipment Companies, we continue to 
determine that these companies did not have any reviewable transactions 
during the POR. As noted in the ``Assessment Rates'' section below, the 
Department intends to issue appropriate instructions to CBP for the 
above-named companies based on the final results of the review.
---------------------------------------------------------------------------

    \11\ This rate is also applicable to QVD Dong Thap Food Co., 
Ltd. (``QVD Dong Thap'') and Thuan Hung Co., Ltd. (``Thufico''). In 
the second review of this order, the Department found QVD, QVD Dong 
Thap and Thufico to be a single entity and, because there have been 
no changes to this determination since that administrative review, 
we continue to find these companies to be part of a single entity. 
See Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review, 71 FR 53387 (September 11, 2006).
    \12\ See Preliminary Results, 80 FR at 55093.
    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------

Vietnam-Wide Entity

    We noted in the Preliminary Results that a review was requested, 
but not rescinded, for Asia Pangasius, Nam Phuong Seafood Co., Ltd. 
(``Nam Phuong''), NTACO Corporation (``NTACO''), Thien Ma Seafood Co., 
Ltd. (``Thien Ma''), and Thufico.\14\ As noted below, and consistent 
with Comment VII of the Issues and Decision Memorandum, the Department 
is rescinding this review with respect to NTACO and Nam Phuong. 
Consistent with Comment IV of the Issues and Decision Memorandum, the 
Department finds that Asia Pangasius is a part of HVG, and is eligible 
for a separate rate. Consistent with Comment V of the Issues and 
Decision Memorandum, and as noted above, the Department finds that 
Thufico is a part of QVD, and made no shipments during the POR. As a 
result of these decisions, we no longer find that Asia Pangasius, Nam 
Phuong, NTACO and Thufico are a part of the Vietnam-wide entity.
---------------------------------------------------------------------------

    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 58729 (September 30, 2014); 
Preliminary Results, 80 FR at 55093.
---------------------------------------------------------------------------

    Consistent with Comment III of the Issues and Decision Memorandum, 
we find that two of Tafishco's uncooperative tollers are a part of the 
Vietnam-wide entity. Consistent with Comment VI of the Issues and 
Decision Memorandum, we find that Caseamex is not entitled to a 
separate rate. Moreover, Thien Ma did not submit completed a separate 
rate application or certification. Accordingly, for the final results, 
the Department finds that Tafishco's uncooperative tollers, Caseamex, 
and Thien Ma are a part of the Vietnam-wide entity.

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.214(j), and in accordance with our 
decision in Comment VII of the Issues and Decision Memorandum, the 
Department is rescinding this review with respect to NTACO and Nam 
Phuong.

Final Results of the Review

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

    \15\ In the third administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. See Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Final Results 
of Antidumping Duty Administrative Review and Partial Rescission, 73 
FR 15479 (March 24, 2008).

------------------------------------------------------------------------
                                                      Weighted- average
                      Exporter                        margin  (dollars/
                                                        kilogram) \15\
------------------------------------------------------------------------
Hung Vuong Group...................................                 0.41
Thuan An Production Trading and Services Co., Ltd..                 0.97
Basa Joint Stock Company...........................                 0.69

[[Page 17437]]

 
Cadovimex II Seafood Import-Export and Processing                   0.69
 Joint Stock Company...............................
Cafatex Corporation................................                 0.69
C.P. Vietnam Corporation...........................                 0.69
Cuu Long Fish Joint Stock Company..................                 0.69
East Sea Seafoods LLC..............................                 0.69
GODACO Seafood Joint Stock Company.................                 0.69
Green Farms Seafood Joint Stock Company............                 0.69
Hoang Long Seafood Processing Company Limited......                 0.69
Nam Viet Corporation...............................                 0.69
NTSF Seafoods Joint Stock Company..................                 0.69
Seafood Joint Stock Company No. 4--Branch Dong Tam                  0.69
 Fisheries Processing Company......................
Viet Phu Foods and Fish Corporation................                 0.69
Vinh Quang Fisheries Joint-Stock Company...........                 0.69
------------------------------------------------------------------------

Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We 
will continue to direct CBP to assess importer specific assessment 
rates based on the resulting per-unit (i.e., per kg) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR. If an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
    The Department determines that No Shipment Companies did not have 
any reviewable transactions during the POR. As a result, any suspended 
entries that entered under these exporter's case numbers (i.e., at that 
exporter's rate) will be liquidated at the Vietnam-wide rate.\16\
---------------------------------------------------------------------------

    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memo at 4-5.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all 
Vietnamese exporters of subject merchandise which have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
Vietnam-wide rate of $2.39 per kg; and (4) for all non-Vietnamese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. The 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act.

     Dated: March 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Comment I Application of Facts Available to HVG and Tafishco
Comment II Application of Facts Available to HVG's Farming Factors
Comment III Application of Adverse Facts Available to Certain 
Tafishco's Tollers
Comment IV Assignment of Vietnam-wide Rate to Asia Pangasius and HVG
Comment V Assignment of Vietnam-wide Rate to QVD Food Company Ltd.
Comment VI Assignment of Vietnam-wide Rate to Can Tho Import-Export 
Joint Stock Company

[[Page 17438]]

Comment VII Rescission of Review with Respect to NTACO Corporation 
and Nam Phuong Seafood Company Ltd.
Comment VIII Combination Rates
Comment IX Surrogate Value for Fish Feed
Comment X Surrogate Value for Fingerlings
Comment XI Surrogate Value for Water
Comment XII Application of Marine Insurance
Comment XIII Packing
    A. Packing Type Should Not be a Physical Characteristic
    B. Tafishco's Packing Materials Factors of Production Usage 
Rates
    C. Surrogate Value for Strap
    D. Surrogate Value for Tape
Comment XIV By-Products
    A. Whether to Value Certain By-products
    B. Surrogate Value for Fish Waste
Comment XV Customs Instructions
[FR Doc. 2016-07072 Filed 3-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                        17435

                                                    Agency: Bureau of Industry and                        Socialist Republic of Vietnam                             January 11, 2016, the Department
                                                  Security.                                               (‘‘Vietnam’’) on September 14, 2015.1                     extended the deadline for the final
                                                    Title: National Security and Critical                 We gave interested parties an                             results to March 14, 2016.6 As explained
                                                  Technology Assessments of the U.S.                      opportunity to comment on the                             in the memorandum from the Acting
                                                  Industrial Base.                                        Preliminary Results. Based upon our                       Assistant Secretary for Enforcement and
                                                    Form Number(s): N/A.                                  analysis of the comments and                              Compliance, the Department has
                                                    OMB Control Number: 0694–0119.                        information received, we made changes                     exercised its discretion to toll all
                                                    Type of Request: Regular.                             to the margin calculations for these final                administrative deadlines due to the
                                                    Burden Hours: 308,000 hours.                          results. The final dumping margins are                    recent closure of the Federal
                                                    Number of Respondents: 28,000                         listed below in the ‘‘Final Results of the                Government.7 All deadlines in this
                                                  respondents.                                            Administrative Review’’ section of this                   segment of the proceeding have been
                                                    Average Hours per Response: 8 to 14                   notice. The period of review (‘‘POR’’) is                 extended by four business days. The
                                                  hours per response.                                     August 1, 2013, through July 31, 2014.                    revised deadline for the final results of
                                                    Needs and Uses: The Department of                     DATES: Effective March 29, 2016.                          this administrative review is now March
                                                  Commerce, in coordination with the                      FOR FURTHER INFORMATION CONTACT: Paul                     18, 2016. Between February 11 and
                                                  Department of Defense and other                         Walker or Javier Barrientos, AD/CVD                       February 22, 2016, interested parties
                                                  Federal agencies, conducts survey                       Operations, Office V, Enforcement and                     submitted case and rebuttal briefs. On
                                                  assessments of U.S. industrial base                     Compliance, International Trade                           March 3, 2016, the Department held a
                                                  sectors deemed critical to U.S. national                Administration, U.S. Department of                        closed hearing and a public hearing
                                                  security. The information gathered is                   Commerce, 14th Street and Constitution                    limited to issues raised in the case and
                                                  necessary to determine the health and                   Avenue NW., Washington, DC 20230;                         rebuttal briefs.
                                                  competitiveness as well as the needs of                 telephone 202–482–0413 or 202–482–
                                                  these critical market segments in order                                                                           Scope of the Order
                                                                                                          2243, respectively.
                                                  to maintain a strong U.S. industrial                    SUPPLEMENTARY INFORMATION:                                   The product covered by the order is
                                                  base.                                                                                                             frozen fish fillets, including regular,
                                                    Affected Public: Businesses and other                 Background
                                                                                                                                                                    shank, and strip fillets and portions
                                                  for-profit institutions.                                   The Department published the                           thereof, whether or not breaded or
                                                    Frequency: On occasion.                               Preliminary Results on September 14,                      marinated, of the species Pangasius
                                                    Respondent’s Obligation: Mandatory.                   2015.2 The Department conducted a                         Bocourti, Pangasius Hypophthalmus
                                                    This information collection request                   verification of Thuan An Production                       (also known as Pangasius Pangasius)
                                                  may be viewed at www.reginfo.gov.                       Trading and Service Co., Ltd.                             and Pangasius Micronemus. These
                                                  Follow the instructions to view the                     (‘‘Tafishco’’) and its tollers between                    products are classifiable under tariff
                                                  Department of Commerce collections                      September 21, 2015, through October 6,                    article code 0304.62.0020 (Frozen Fish
                                                  currently under review by OMB.                          2015.3 The Department also conducted                      Fillets of the species Pangasius,
                                                    Written comments and                                  a verification of the Hung Vuong Group4                   including basa and tra), and may enter
                                                  recommendations for the proposed                        (‘‘HVG’’) between November 10, 2015,                      under tariff article codes 0305.59.0000,
                                                  information collection should be sent                   through November 24, 2015.5 On                            1604.19.2100, 1604.19.3100,
                                                  within 30 days of publication of this                                                                             1604.19.4100, 1604.19.5100,
                                                  notice to OIRA Submission@                                 1 See Certain Frozen Fish Fillets from the Socialist
                                                                                                                                                                    1604.19.6100 and 1604.19.8100 of the
                                                  omb.eop.gov or fax to (202) 395–5806.                   Republic of Vietnam: Preliminary Results and
                                                                                                          Partial Rescission of the Antidumping Duty                Harmonized Tariff Schedule of the
                                                    Dated: March 23, 2016.                                Administrative Review; 2013–2014, 80 FR 55092             United States (‘‘HTSUS’’).8 Although
                                                                                                          (September 14, 2015) (‘‘Preliminary Results’’) and
                                                  Glenna Mickelson,                                       accompanying Preliminary Decision Memorandum                 6 See Memorandum to Christian Marsh, Deputy
                                                  Management Analyst, Office of the Chief                 (‘‘Preliminary Decision Memo’’).
                                                  Information Officer.                                       2 See Preliminary Results.                             Assistant Secretary for Antidumping and
                                                                                                             3 See Memorandum to the File, from Jerry Huang,
                                                                                                                                                                    Countervailing Duty Operations, through James C.
                                                  [FR Doc. 2016–06985 Filed 3–28–16; 8:45 am]                                                                       Doyle, Director, Office V, Antidumping and
                                                                                                          International Trade Analyst, Office V, and Javier
                                                  BILLING CODE 3510–33–P                                                                                            Countervailing Duty Operations from Jerry Huang,
                                                                                                          Barrientos, International Trade Analyst, Office V,
                                                                                                                                                                    International Trade Analyst, Office V, Antidumping
                                                                                                          ‘‘Verification of the Sales and Factors of Production
                                                                                                                                                                    and Countervailing Duty Operations, ‘‘Certain
                                                                                                          Responses of Thuan An Production Trading and
                                                                                                                                                                    Frozen Fish Fillets from the Socialist Republic of
                                                  DEPARTMENT OF COMMERCE                                  Service Co., Ltd. in the 2013–2014 Administrative
                                                                                                                                                                    Vietnam: Extension of Deadline for Final Results of
                                                                                                          Review of Certain Frozen Fish Fillets from the
                                                                                                          Socialist Republic of Vietnam,’’ dated February 2,        Antidumping Duty Administrative Review,’’ dated
                                                  International Trade Administration                      2016.                                                     January 11, 2016.
                                                                                                                                                                       7 See Memorandum to the Record from Ron
                                                  [A–552–801]
                                                                                                             4 The Hung Vuong Group includes: An Giang

                                                                                                          Fisheries Import & Export Joint Stock Company,            Lorentzen, Acting A/S for Enforcement &
                                                                                                          Asia Pangasius Company Limited (‘‘Asia                    Compliance, ‘‘Tolling of Administrative Deadlines
                                                  Certain Frozen Fish Fillets From the                    Pangasius’’), Europe Joint Stock Company, Hung            As a Result of the Government Closure During
                                                  Socialist Republic of Vietnam: Final                    Vuong Joint Stock Company, Hung Vuong Mascato             Snowstorm Jonas,’’ dated January 27, 2016.
                                                  Results and Partial Rescission of                       Company Limited, Hung Vuong—Vinh Long Co.,                   8 Until June 30, 2004 these products were

                                                                                                                                                                    classifiable under HTSUS 0304.20.6030,
                                                  Antidumping Duty Administrative                         Ltd., and Hung Vuong—Sa Dec Co., Ltd. See Certain
                                                                                                          Frozen Fish Fillets from the Socialist Republic of        0304.20.6096, 0304.20.6043 and 0304.20.6057.
                                                  Review; 2013–2014                                       Vietnam: Final Results of the Antidumping Duty            From July 1, 2004 until December 31, 2006 these
                                                                                                          Administrative Review and New Shipper Review;             products were classifiable under HTSUS
                                                  AGENCY:  Enforcement and Compliance,                    2011–2012, 79 FR 19053 (April 7, 2014) and                0304.20.6033. From January 1, 2007 until December
                                                  International Trade Administration,                     accompanying Issues and Decision Memorandum at            31, 2011 these products were classifiable under
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Department of Commerce.                                 3.                                                        HTSUS 0304.29.6033. On March 2, 2011 the
                                                                                                             5 See Memorandum to the File, from Javier              Department added two HTSUS numbers at the
                                                  SUMMARY: The Department of Commerce                     Barrientos, International Trade Analyst, Office V,        request of U.S. Customs and Border Protection
                                                  (‘‘the Department’’) published the                      and Kenneth Hawkins, International Trade Analyst,         (‘‘CBP’’) that the subject merchandise may enter
                                                  Preliminary Results of the 11th                         Office V, ‘‘Verification of the Sales and Factors of      under: 1604.19.2000 and 1604 19.3000, which were
                                                                                                          Production Responses of Agifish and HVG in the            changed to 1604.19.2100 and 1604.19.3100 on
                                                  administrative review of the                            2013–2014 Administrative Review of Certain                January 1, 2012. On January 1, 2012 the Department
                                                  antidumping duty order on certain                       Frozen Fish Fillets from the Socialist Republic of        added the following HTSUS numbers at the request
                                                  frozen fish fillets (‘‘fish fillets’’) from the         Vietnam,’’ dated February 5, 2016.                                                                  Continued




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                                                  17436                                   Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  the HTSUS subheadings are provided                                       Final Determination of No Shipments                                      below, and consistent with Comment
                                                  for convenience and customs purposes,                                       In the Preliminary Results, the                                       VII of the Issues and Decision
                                                  the written description of the scope of                                  Department preliminarily determined                                      Memorandum, the Department is
                                                  the order is dispositive.9                                               that An Giang Agriculture and Food                                       rescinding this review with respect to
                                                                                                                           Import-Export Joint Stock Company,                                       NTACO and Nam Phuong. Consistent
                                                  Analysis of Comments Received                                                                                                                     with Comment IV of the Issues and
                                                                                                                           Asia Commerce Fisheries Joint Stock
                                                     All issues raised in the case and                                     Company, Binh An Seafood Joint Stock                                     Decision Memorandum, the Department
                                                                                                                           Company, Dai Thanh Seafoods                                              finds that Asia Pangasius is a part of
                                                  rebuttal briefs by parties in this review
                                                                                                                           Company Limited, Fatifish Company                                        HVG, and is eligible for a separate rate.
                                                  are addressed in the Issues and Decision
                                                                                                                           Limited, Golden Quality Seafood                                          Consistent with Comment V of the
                                                  Memorandum. A list of the issues which
                                                                                                                           Corporation, Hiep Thanh Seafood Joint                                    Issues and Decision Memorandum, and
                                                  parties raised is attached to this notice                                                                                                         as noted above, the Department finds
                                                  as an appendix. The Issues and Decision                                  Stock Company, Hoa Phat Seafood
                                                                                                                           Import-Export and Processing JSC, Ngoc                                   that Thufico is a part of QVD, and made
                                                  Memorandum is a public document and                                                                                                               no shipments during the POR. As a
                                                                                                                           Ha Co., Ltd. Food Processing and
                                                  is on file in the Central Records Unit                                                                                                            result of these decisions, we no longer
                                                                                                                           Trading, Quang Minh Seafood
                                                  (‘‘CRU’’), Room B8024 of the main                                        Company, Limited, QVD Food Company                                       find that Asia Pangasius, Nam Phuong,
                                                  Department of Commerce building, as                                      (‘‘QVD’’),11 Ltd., Saigon-Mekong Fishery                                 NTACO and Thufico are a part of the
                                                  well as electronically via Enforcement                                   Co., Ltd., Southern Fisheries Industries                                 Vietnam-wide entity.
                                                  and Compliance’s Antidumping and                                         Company, Ltd., TG Fishery Holdings                                          Consistent with Comment III of the
                                                  Countervailing Duty Centralized                                          Corporation, and To Chau Joint Stock                                     Issues and Decision Memorandum, we
                                                  Electronic Service System (‘‘ACCESS’’).                                  Company (collectively ‘‘No Shipment                                      find that two of Tafishco’s
                                                  ACCESS is available to registered users                                  Companies’’) did not have any                                            uncooperative tollers are a part of the
                                                  at http://access.trade.gov and in the                                    reviewable transactions during the                                       Vietnam-wide entity. Consistent with
                                                  CRU. In addition, a complete version of                                  POR.12 Consistent with the                                               Comment VI of the Issues and Decision
                                                  the Issues and Decision Memorandum                                       Department’s refinement to its                                           Memorandum, we find that Caseamex is
                                                  can be accessed directly on the Internet                                 assessment practice in non-market                                        not entitled to a separate rate. Moreover,
                                                  at http://enforcement.trade.gov/frn/                                     economy (‘‘NME’’) cases, we completed                                    Thien Ma did not submit completed a
                                                  index.html. The signed Issues and                                        the review with respect to the above-                                    separate rate application or certification.
                                                  Decision Memorandum and the                                              named companies.13 Based on the                                          Accordingly, for the final results, the
                                                  electronic version of the Issues and                                     certifications submitted by No Shipment                                  Department finds that Tafishco’s
                                                  Decision Memorandum are identical in                                     Companies, we continue to determine                                      uncooperative tollers, Caseamex, and
                                                  content.                                                                 that these companies did not have any                                    Thien Ma are a part of the Vietnam-wide
                                                                                                                           reviewable transactions during the POR.                                  entity.
                                                  Changes Since the Preliminary                                            As noted in the ‘‘Assessment Rates’’
                                                  Results                                                                                                                                           Partial Rescission of Administrative
                                                                                                                           section below, the Department intends
                                                                                                                                                                                                    Review
                                                                                                                           to issue appropriate instructions to CBP
                                                    Based on a review of the record and                                                                                                               In accordance with 19 CFR 351.214(j),
                                                                                                                           for the above-named companies based
                                                  comments received from interested                                                                                                                 and in accordance with our decision in
                                                                                                                           on the final results of the review.
                                                  parties regarding our Preliminary                                                                                                                 Comment VII of the Issues and Decision
                                                  Results, and for the reasons explained in                                Vietnam-Wide Entity                                                      Memorandum, the Department is
                                                  the Issues and Decision Memorandum,                                         We noted in the Preliminary Results                                   rescinding this review with respect to
                                                  we revised the margin calculations for                                   that a review was requested, but not                                     NTACO and Nam Phuong.
                                                  HVG and Tafishco. The Surrogate                                          rescinded, for Asia Pangasius, Nam
                                                  Values Memo contains further                                             Phuong Seafood Co., Ltd. (‘‘Nam                                          Final Results of the Review
                                                  explanation of our changes to the                                        Phuong’’), NTACO Corporation                                               The dumping margins for the final
                                                  surrogate values selected for HVG’s and                                  (‘‘NTACO’’), Thien Ma Seafood Co., Ltd.                                  results of this administrative review are
                                                  Tafishco’s factors of production.10                                      (‘‘Thien Ma’’), and Thufico.14 As noted                                  as follows:

                                                                                                                                                                                                                                               Weighted-
                                                                                                                                      Exporter                                                                                              average margin
                                                                                                                                                                                                                                          (dollars/kilogram) 15

                                                  Hung Vuong Group ....................................................................................................................................................................                    0.41
                                                  Thuan An Production Trading and Services Co., Ltd ...............................................................................................................                                        0.97
                                                  Basa Joint Stock Company .......................................................................................................................................................                         0.69

                                                  of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100,                        Case Analyst, ‘‘Eleventh Administrative Review of                           12 See Preliminary Results, 80 FR at 55093.
                                                  1604.19.5100, 1604.19.6100 and 1604.19.8100.                             Certain Frozen Fish Fillets from the Socialist                              13 See Non-Market Economy Antidumping
                                                     9 For a complete description of the scope of the                      Republic of Vietnam: Surrogate Values for the Final                      Proceedings: Assessment of Antidumping Duties, 76
                                                  order, see Memorandum to Paul Piquado, Assistant                         Results,’’ dated concurrently with this notice.                          FR 65694, 65694–65695 (October 24, 2011).
                                                  Secretary for Enforcement and Compliance, from                              11 This rate is also applicable to QVD Dong Thap
                                                                                                                                                                                                      14 See Initiation of Antidumping and
                                                  Christian Marsh, Deputy Assistant Secretary for                          Food Co., Ltd. (‘‘QVD Dong Thap’’) and Thuan
                                                                                                                                                                                                    Countervailing Duty Administrative Reviews, 79 FR
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                                                  Antidumping and Countervailing Duty Operations,                          Hung Co., Ltd. (‘‘Thufico’’). In the second review of
                                                                                                                                                                                                    58729 (September 30, 2014); Preliminary Results, 80
                                                  ‘‘Certain Frozen Fish Fillets from the Socialist                         this order, the Department found QVD, QVD Dong
                                                  Republic of Vietnam: Issues and Decision                                                                                                          FR at 55093.
                                                                                                                           Thap and Thufico to be a single entity and, because
                                                                                                                                                                                                      15 In the third administrative review of this order,
                                                  Memorandum for the Final Results of the 11th                             there have been no changes to this determination
                                                  Antidumping Duty Administrative Review; 2013–                            since that administrative review, we continue to                         the Department determined that it would calculate
                                                  2014,’’ at 2–3 (‘‘Issues and Decision                                    find these companies to be part of a single entity.                      per-unit assessment and cash deposit rates for all
                                                  Memorandum’’), dated concurrently with and                               See Certain Frozen Fish Fillets from the Socialist                       future reviews. See Certain Frozen Fish Fillets from
                                                  hereby adopted by this notice.                                           Republic of Vietnam: Preliminary Results of                              the Socialist Republic of Vietnam: Final Results of
                                                     10 See Memorandum to the File, through Paul                           Antidumping Duty Administrative Review, 71 FR                            Antidumping Duty Administrative Review and
                                                  Walker, Program Manager, from Javier Barrientos,                         53387 (September 11, 2006).                                              Partial Rescission, 73 FR 15479 (March 24, 2008).



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                                                                                           Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                                                       17437

                                                                                                                                                                                                                                                 Weighted-
                                                                                                                                       Exporter                                                                                               average margin
                                                                                                                                                                                                                                            (dollars/kilogram) 15

                                                  Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..........................................................................                                                           0.69
                                                  Cafatex Corporation ...................................................................................................................................................................                    0.69
                                                  C.P. Vietnam Corporation ..........................................................................................................................................................                        0.69
                                                  Cuu Long Fish Joint Stock Company ........................................................................................................................................                                 0.69
                                                  East Sea Seafoods LLC ............................................................................................................................................................                         0.69
                                                  GODACO Seafood Joint Stock Company .................................................................................................................................                                       0.69
                                                  Green Farms Seafood Joint Stock Company ...........................................................................................................................                                        0.69
                                                  Hoang Long Seafood Processing Company Limited ................................................................................................................                                             0.69
                                                  Nam Viet Corporation ................................................................................................................................................................                      0.69
                                                  NTSF Seafoods Joint Stock Company ......................................................................................................................................                                   0.69
                                                  Seafood Joint Stock Company No. 4—Branch Dong Tam Fisheries Processing Company ...................................................                                                                         0.69
                                                  Viet Phu Foods and Fish Corporation .......................................................................................................................................                                0.69
                                                  Vinh Quang Fisheries Joint-Stock Company ............................................................................................................................                                      0.69



                                                  Disclosure                                                               numbers (i.e., at that exporter’s rate) will prior to liquidation of the relevant
                                                    The Department will disclose                                           be liquidated at the Vietnam-wide            entries during this POR. Failure to
                                                  calculations performed for these final                                   rate.16                                      comply with this requirement could
                                                  results to the parties within five days of                                                                            result in the Department’s presumption
                                                                                                                           Cash Deposit Requirements
                                                  the date of publication of this notice, in                                                                            that reimbursement of antidumping
                                                                                                                              The following cash deposit                duties occurred and the subsequent
                                                  accordance with section 351.224(b) of
                                                                                                                           requirements will be effective upon          assessment of doubled antidumping
                                                  the Department’s regulations.
                                                                                                                           publication of the final results of this     duties.
                                                  Assessment Rates                                                         administrative review for all shipments
                                                                                                                           of the subject merchandise entered, or       Notification Regarding Administrative
                                                     Pursuant to section 751(a)(2)(A) of the                                                                            Protective Order
                                                  Act and 19 CFR 351.212(b), the                                           withdrawn from warehouse, for
                                                  Department will determine, and CBP                                       consumption on or after the publication        This notice also serves as a reminder
                                                  shall assess, antidumping duties on all                                  date, as provided for by section             to parties subject to administrative
                                                  appropriate entries of subject                                           751(a)(2)(C) of the Act: (1) For the         protective order (‘‘APO’’) of their
                                                  merchandise in accordance with the                                       exporters listed above, the cash deposit     responsibility concerning the return or
                                                  final results of this review. The                                        rate will be the rate established in the     destruction of proprietary information
                                                  Department intends to issue appropriate                                  final results of review (except, if the rate disclosed under APO in accordance
                                                  assessment instructions directly to CBP                                  is zero or de minimis, i.e., less than 0.5   with 19 CFR 351.305, which continues
                                                  15 days after publication of the final                                   percent, a zero cash deposit rate will be    to govern business proprietary
                                                  results of this administrative review.                                   required for that company); (2) for          information in this segment of the
                                                     For assessment purposes, we                                           previously investigated or reviewed          proceeding. Timely written notification
                                                  calculated importer (or customer)-                                       Vietnamese and non-Vietnamese                of the return or destruction of APO
                                                  specific assessment rates for                                            exporters not listed above that have         materials, or conversion to judicial
                                                  merchandise subject to this review. We                                   separate rates, the cash deposit rate will protective order, is hereby requested.
                                                  will continue to direct CBP to assess                                    continue to be the exporter-specific rate Failure to comply with the regulations
                                                  importer specific assessment rates based                                 published for the most recent period; (3) and terms of an APO is a violation
                                                  on the resulting per-unit (i.e., per kg)                                 for all Vietnamese exporters of subject      which is subject to sanction.
                                                  rates by the weight in kgs of each entry                                 merchandise which have not been                We are issuing and publishing these
                                                  of the subject merchandise during the                                    found to be entitled to a separate rate,     administrative reviews and notice in
                                                  POR. Specifically, we calculated                                         the cash deposit rate will be the            accordance with sections 751(a)(l) and
                                                  importer specific duty assessment rates                                  Vietnam-wide rate of $2.39 per kg; and       777(i) of the Act.
                                                  on a per-unit rate basis by dividing the                                 (4) for all non-Vietnamese exporters of
                                                                                                                                                                          Dated: March 18, 2016.
                                                  total dumping margins (calculated as                                     subject merchandise which have not
                                                                                                                                                                        Paul Piquado,
                                                  the difference between normal value                                      received their own rate, the cash deposit
                                                                                                                           rate will be the rate applicable to the      Assistant Secretary for Enforcement and
                                                  and export price, or constructed export
                                                  price) for each importer by the total                                    Vietnamese exporters that supplied that Compliance.
                                                  sales quantity of subject merchandise                                    non-Vietnamese exporter. The deposit         Appendix
                                                  sold to that importer during the POR. If                                 requirements, when imposed, shall
                                                                                                                                                                        List of Topics Discussed in the Final
                                                  an importer (or customer)-specific                                       remain in effect until further notice.       Decision Memorandum
                                                  assessment rate is de minimis (i.e., less                                Notification to Importers Regarding the                                    Comment I Application of Facts Available
                                                  than 0.50 percent), the Department will                                  Reimbursement of Duties                                                       to HVG and Tafishco
                                                  instruct CBP to assess that importer (or                                                                                                            Comment II Application of Facts Available
                                                  customer’s) entries of subject                                             This notice also serves as a final                                          to HVG’s Farming Factors
                                                                                                                           reminder to importers of their
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                                                  merchandise without regard to                                                                                                                       Comment III Application of Adverse Facts
                                                  antidumping duties, in accordance with                                   responsibility under 19 CFR 351.402(f)                                        Available to Certain Tafishco’s Tollers
                                                  19 CFR 351.106(c)(2).                                                    to file a certificate regarding the                                        Comment IV Assignment of Vietnam-wide
                                                     The Department determines that No                                     reimbursement of antidumping duties                                           Rate to Asia Pangasius and HVG
                                                                                                                                                                                                      Comment V Assignment of Vietnam-wide
                                                  Shipment Companies did not have any                                        16 See Non-Market Economy Antidumping                                       Rate to QVD Food Company Ltd.
                                                  reviewable transactions during the POR.                                  Proceedings: Assessment of Antidumping Duties, 76                          Comment VI Assignment of Vietnam-wide
                                                  As a result, any suspended entries that                                  FR 65694 (October 24, 2011); see also Preliminary                             Rate to Can Tho Import-Export Joint
                                                  entered under these exporter’s case                                      Decision Memo at 4–5.                                                         Stock Company



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                                                  17438                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  Comment VII Rescission of Review with                   public repositories listed at http://www.             comment. Additionally, the Trustees
                                                      Respect to NTACO Corporation and Nam                gulfspillrestoration.noaa.gov.                        solicited public input through a variety
                                                      Phuong Seafood Company Ltd.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      of mechanisms, including electronic
                                                  Comment VIII Combination Rates                                                                                communications, Trustee Council and
                                                  Comment IX Surrogate Value for Fish Feed                Courtney Groeneveld at gulfspill.
                                                  Comment X Surrogate Value for Fingerlings               restoration@noaa.gov, mail to:                        individual Trustee public Web sites,
                                                  Comment XI Surrogate Value for Water                    fw4coastalDERPcomments@fws.gov.                       and a public comment portal for public
                                                  Comment XII Application of Marine                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                comment collection. The Trustees
                                                      Insurance                                                                                                 prepared the Final PDARP/PEIS in
                                                  Comment XIII Packing                                    Background                                            consideration of the public comments
                                                    A. Packing Type Should Not be a Physical                                                                    received and included a summary of the
                                                                                                             On February 17, 2011, the Trustees
                                                      Characteristic                                                                                            comments and responses in the Final
                                                    B. Tafishco’s Packing Materials Factors of            initiated a 90-day formal scoping and
                                                                                                          public comment period for the Draft                   PDARP/PEIS.
                                                      Production Usage Rates                                                                                       A Notice of Availability of the Final
                                                    C. Surrogate Value for Strap                          PDARP/PEIS (76 FR 9327) through a
                                                                                                                                                                PDARP/PEIS was published in the
                                                    D. Surrogate Value for Tape                           Notice of Intent (NOI) to Begin
                                                                                                                                                                Federal Register on February 19, 2016
                                                  Comment XIV By-Products                                 Restoration Scoping and Prepare a Gulf
                                                    A. Whether to Value Certain By-products                                                                     (81 FR 8483). In the Final PDARP/PEIS,
                                                                                                          Spill Restoration Planning PEIS. The
                                                    B. Surrogate Value for Fish Waste                                                                           the Deepwater Horizon Trustees
                                                                                                          Trustees conducted the scoping in
                                                  Comment XV Customs Instructions                                                                               presented their findings on the
                                                                                                          accordance with OPA (15 CFR
                                                  [FR Doc. 2016–07072 Filed 3–28–16; 8:45 am]                                                                   extensive injuries to multiple habitats,
                                                                                                          990.14(d)), NEPA (40 CFR 1501.7), and
                                                  BILLING CODE 3510–DS–P                                                                                        biological species, ecological functions,
                                                                                                          State authorities. That NOI requested
                                                                                                                                                                and geographic regions across the
                                                                                                          public input to identify and evaluate a
                                                                                                                                                                northern Gulf of Mexico that occurred
                                                                                                          range of restoration types that could be
                                                  DEPARTMENT OF COMMERCE                                                                                        as a result of the Deepwater Horizon
                                                                                                          used to fully compensate the public for               incident, as well as their programmatic
                                                  National Oceanic and Atmospheric                        the environmental and recreational use                plan, including funding allocations, for
                                                  Administration                                          damages caused by the spill, as well as               restoring those resources and the
                                                                                                          develop procedures to select and                      services they provide. The Final
                                                  RIN 0648–XE201                                          implement restoration projects that will              PDARP/PEIS describes the framework
                                                                                                          compensate the public for the natural
                                                  Notice of Availability of the Deepwater                                                                       by which subsequent project specific
                                                                                                          resource damages caused by the spill.
                                                  Horizon Oil Spill Record of Decision                                                                          restoration plans will be developed.
                                                                                                          As part of the scoping process, the
                                                  (ROD) for the Final Programmatic                                                                                 As documented in the Record of
                                                                                                          Trustees hosted public meetings across
                                                  Damage Assessment and Restoration                                                                             Decision (ROD) signed on March 22,
                                                                                                          all the Gulf States during Spring 2011.               2016, the Trustees have: Determined the
                                                  Plan and Final Programmatic
                                                                                                             A Notice of Availability of the Draft              extent of injury to natural resources and
                                                  Environmental Impact Statement (Final
                                                                                                          PDARP/PEIS was published in the                       services caused by the Deepwater
                                                  PDARP/PEIS)
                                                                                                          Federal Register on October 5, 2015 (80               Horizon oil spill incident; analyzed
                                                  AGENCY:  National Marine Fisheries                      FR 60126). The Draft PDARP/PEIS                       alternatives to restore those injuries;
                                                  Service (NMFS), National Oceanic and                    presented the assessment of impacts of                considered environmental impacts
                                                  Atmospheric Administration (NOAA),                      the Deepwater Horizon incident on                     associated with the restoration
                                                  Commerce.                                               natural resources in the Gulf of Mexico               alternatives, including the extent to
                                                  ACTION: Notice of availability of a                     and on the services those resources                   which any adverse impacts could be
                                                  Record of Decision.                                     provide, and determined the restoration               mitigated; considered public and agency
                                                                                                          needed to compensate the public for                   comments; considered the funding
                                                  SUMMARY:   In accordance with the Oil                   these impacts. The Draft PDARP/PEIS                   allocations required for restoration; and
                                                  Pollution Act of 1990 (OPA) and the                     presented four programmatic                           developed a governance approach for
                                                  National Environmental Policy Act                       alternatives evaluated in accordance                  implementing restoration. Based on
                                                  (NEPA), notice is hereby given that the                 with OPA and NEPA:                                    these considerations and the
                                                  Deepwater Horizon Federal and State                        • Alternative A (Preferred                         determination of injury, the ROD
                                                  natural resource trustee agencies                       Alternative): Comprehensive Integrated                presents the Trustees’ decision to select
                                                  (Trustees) have issued a Record of                      Ecosystem Restoration Plan based on                   their Preferred Alternative, Alternative
                                                  Decision (ROD) for the Final                            programmatic Trustee goals;                           A: Comprehensive Integrated Ecosystem
                                                  Programmatic Damage Assessment and                         • Alternative B: Resource-Specific                 Restoration and the associated funding
                                                  Restoration Plan and Final                              Restoration Plan based on programmatic                allocation, for implementation. The
                                                  Programmatic Environmental Impact                       Trustee goals;                                        Trustees also conclude that all
                                                  Statement (Final PDARP/PEIS). Based                        • Alternative C: Continued Injury                  practicable means to avoid, minimize,
                                                  on the Trustees’ injury determination                   Assessment and Defer Comprehensive                    or compensate for environmental harm
                                                  established in the Final PDARP/PEIS,                    Restoration Plan; and                                 from the action have been considered
                                                  the ROD sets forth the basis for the                       • Alternative D: No Action/Natural                 programmatically in the PDARP/PEIS,
                                                  Trustees’ decision to select Alternative                Recovery.                                             and that project-specific measures will
                                                  A: Comprehensive Integrated Ecosystem                      The Trustees provided the public                   be adopted at a later date during
                                                  Alternative. The Trustees’ selection of                 with 60 days to review and comment on                 subsequent restoration planning.
                                                  this alternative includes the funding
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          the Draft PDARP/PEIS. The Trustees                       The Trustees considered this
                                                  allocations established in the Final                    held public meetings in Houma, LA;                    programmatic restoration planning
                                                  PDARP/PEIS.                                             Long Beach, MS; New Orleans, LA;                      decision in light of the proposed
                                                  ADDRESSES: Obtaining Documents: You                     Mobile, AL; Pensacola, FL; St.                        settlement among BP, the United States,
                                                  may download the ROD at http://www.                     Petersburg, FL; Galveston, TX; and                    and the States of Louisiana, Mississippi,
                                                  gulfspillrestoration.noaa.gov or http://                Washington, DC, to facilitate public                  Alabama, Florida, and Texas to resolve
                                                  www.doi.gov/deepwaterhorizon. You                       understanding of the document and                     BP’s liability for natural resource
                                                  may also view the ROD at any of the                     provide opportunity for public                        damages associated with the Deepwater


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Document Created: 2016-03-30 08:28:57
Document Modified: 2016-03-30 08:28:57
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 March 29, 2016.
ContactPaul Walker or Javier Barrientos, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 or 202-482-2243, respectively.
FR Citation81 FR 17435 

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