81 FR 33465 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decisions Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 102 (May 26, 2016)
International Trade Administration
Federal Register Volume 81, Issue 102 (May 26, 2016)
| Page Range | 33465-33466 | |
| FR Document | 2016-12543 |
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)] [Notices] [Pages 33465-33466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12543] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decisions Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2016, the United States Court of International Trade (``the Court'') issued final judgments in Catfish Farmers of America et al. v. United States, Consol. Court No. 12-00087, sustaining the Department of Commerce's (``the Department'') AR7 Remand final results.\1\ In the AR7 Remand, the Department recalculated the weighted-average dumping margin for QVD Food Co. Ltd. (``QVD'') and Vinh Hoan Corporation (``Vinh Hoan'') using revised surrogate values for by-products (fish waste, fresh broken meat, and frozen broken fillets by-products, and capping the fish oil by-product surrogate value).\2\ Because QVD's margin changed, it also becomes the margin for those companies not individually examined but receiving a separate rate.\3\ --------------------------------------------------------------------------- \1\ See Final Results Of Redetermination Pursuant To Court Remand, Consol. Court No. 12-00087, Slip Op. 14-146 (CIT December 18, 2014), dated June 26, 2015, (``AR7 Remand'') available at http://enforcement.trade.gov/remands/14-146.pdf. \2\ See AR7 Remand at 25-29. The weighted-average margin for Vinh Hoan remains de minimis. However, as explained in the ``Background'' section, the Department's recalculation of these surrogate values now yields a different weighted-average dumping margin for QVD. Thus, consistent with our practice, the Department has amended the final results with respect to QVD. \3\ These companies include: (1) Anvifish Joint Stock Company; (2) Asia Commerce Fisheries Joint Stock Company; (3) Bien Dong Seafood; (4) Binh An Seafood Joint Stock Company; (5) CASEAMEX; (6) East Sea Seafoods Limited Liability Company; (7) Hiep Thanh Seafood Joint Stock Company; (8) Southern Fisheries Industries Company Ltd.; and (9) Vinh Quang Fisheries Joint-Stock Company (collectively, ``Separate-Rate Applicants''). --------------------------------------------------------------------------- Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in these cases is not in harmony with the Department's final results of the antidumping duty administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam'') covering the period of review (``POR'') August 1, 2009, through July 31, 2010. Thus, the Department is amending the final results with respect to the weighted-average dumping margins for QVD and the Separate-Rate Applicants.\4\ --------------------------------------------------------------------------- \4\ See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of the Seventh Antidumping Duty Administrative Review, 77 FR 15039 (March 14, 2012) (``AR7 Final Results'') and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- DATES: Effective April 11, 2016. FOR FURTHER INFORMATION CONTACT: 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- 2243. SUPPLEMENTARY INFORMATION: Background On March 14, 2012, the Department issued AR7 Final Results.\5\ Vinh Hoan and Petitioners \6\ timely filed complaints with the Court and challenged certain aspects of the AR7 Final Results. On December 18, 2014, the Court remanded the Department's AR7 Final Results and instructed the Department to reconsider each of the following issues: (1) The significance of presumed qualifiable differences between farm- gate and wholesale prices with respect to whole live fish; (2) the reliability of the Bangladeshi Department of Agricultural Marketing (``DAM'') data with respect to whole live fish; (3) the fact that there are no quantities associated with the DAM data; (4) surrogate country selection in [[Page 33466]] light of the totality of the available data, i.e., including the non- fish factors of production (``FOPs'') surrogate values (``SVs'') following reconsideration of the whole live fish issues; and (5) the selection of the SVs for fish waste, fish oil, fresh broken meat and frozen broken fillets.\7\ --------------------------------------------------------------------------- \5\ Id. \6\ Catfish Farmers of America and the following individual U.S. catfish processors: America's Catch, Consolidated Catfish Companies, LLC dba Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select Catfish, Inc., Heartland Catfish Company, Pride of the Pond, and Simmons Farm Raised Catfish, Inc. (collectively, ``Petitioners''). \7\ See Catfish Farmers of America et al. v. United States, Court No. 12-00087, Slip Op. 14-146 (CIT December 18, 2014). --------------------------------------------------------------------------- On June 26, 2015, the Department filed the AR7 Remand with the Court.\8\ The Department maintained the selection of Bangladesh as the primary country. In addition, the Department selected different surrogate values for fish waste, fresh broken meat, and frozen broken fillets by-products, and capped the fish oil by-product surrogate value. In addition, we accounted for all calculation changes as a result of the original ministerial error allegations. --------------------------------------------------------------------------- \8\ See AR7 Remand. --------------------------------------------------------------------------- As a result, there are calculation changes due to selecting different by-product surrogate values. After accounting for all such changes and issues, the resulting antidumping margin for the only mandatory respondent, QVD, is $0.19 per kilogram. Because QVD's margin changed, it would also become the margin for those companies not individually examined, but receiving a separate rate. On March 30, 2016, the Court entered judgments sustaining the AR7 Remand.\9\ --------------------------------------------------------------------------- \9\ See Catfish Farmers of America et al. v. United States, Court No. 11-00087, Slip. Op. 16-29 (CIT March 30, 2016). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (``the Act''), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The Court's March 30, 2016, judgment sustaining the AR7 Remand constitutes a final decision of the Court that is not in harmony with the Department's AR7 Final Results. This notice is published in fulfillment of the publication requirement of Timken. Amended Final Results Because there is now a final court decision, the Department is amending the AR7 Final Results with respect to QVD and the Separate- Rate Applicants. The revised weighted-average dumping margins for these exporters during the period April 1, 2009, through March 31, 2010, as follows: ------------------------------------------------------------------------ Weighted average dumping margin Exporter name (dollars per kilogram) ------------------------------------------------------------------------ QVD Food Company Ltd \10\............................ 0.19 Anvifish Joint Stock Company......................... 0.19 Asia Commerce Fisheries Joint Stock Company.......... 0.19 Bien Dong Seafood.................................... 0.19 Binh An Seafood Joint Stock Company.................. 0.19 CASEAMEX............................................. 0.19 East Sea Seafoods Limited Liability Company.......... 0.19 Hiep Thanh Seafood Joint Stock Company............... 0.19 Southern Fisheries Industries Company Ltd............ 0.19 Vinh Quang Fisheries Joint-Stock Company............. 0.19 ------------------------------------------------------------------------ Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court's ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported by QVD and the Separate-Rate Applicants using the assessment rate calculated by the Department in the Remand and listed above. --------------------------------------------------------------------------- \10\ This rate is also applicable to QVD Dong Thap Food Co., Ltd. (``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the second review of this order, the Department found QVD, Dong Thap and THUFICO to be a single entity, and because there has been no evidence submitted on the record of this review that calls this determination into question, we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the 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). --------------------------------------------------------------------------- Cash Deposit Requirements Unless the applicable cash deposit rates have been superseded by cash deposit rates calculated in an intervening administrative review of the AD order on frozen fish fillets from Vietnam, the Department will instruct U.S. Customs and Border Protection to require a cash deposit for estimated AD duties at the rate noted above for each specified exporter and producer combination, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after April 11, 2016. For Bien Dong, these amended final results will result in a change in its cash deposit rate, from $0.03/kg, as established in the AR7 Final Results, to $0.19/kg. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: May 13, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-12543 Filed 5-25-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices 33465
Sunny at the AD cash-deposit rate days if all parties agree to the outcome Consistent with the decision of the
applicable to Hangzhou ZU Sunny. of the review. United States Court of Appeals for the
We are issuing and publishing this Federal Circuit (‘‘CAFC’’) in Timken Co.
Public Comment
initiation and preliminary results notice v. United States, 893 F.2d 337 (Fed. Cir.
Interested parties may submit case in accordance with sections 751(b)(1) 1990) (‘‘Timken’’), as clarified by
briefs not later than 14 days after the and 777(i)(1) of the Act and 19 CFR Diamond Sawblades Mfrs. Coalition v.
date of publication of this notice.16 351.216 and 351.221(c)(3). United States, 626 F.3d 1374 (Fed. Cir.
Rebuttal briefs, which must be limited 2010) (‘‘Diamond Sawblades’’), the
Dated: May 20, 2016.
to issues raised in such briefs, may be Department is notifying the public that
filed not later than seven days after the Paul Piquado,
the final judgment in these cases is not
due date for case briefs.17 Parties who Assistant Secretary for Enforcement and
in harmony with the Department’s final
submit case briefs or rebuttal briefs in Compliance.
results of the antidumping duty
this changed circumstances review are [FR Doc. 2016–12540 Filed 5–25–16; 8:45 am]
administrative review of the
requested to submit with each BILLING CODE 3510–DS–P antidumping duty order on certain
argument: (1) A statement of the issue frozen fish fillets from the Socialist
and (2) a brief summary of the argument Republic of Vietnam (‘‘Vietnam’’)
with an electronic version included. DEPARTMENT OF COMMERCE covering the period of review (‘‘POR’’)
Any interested party may request a August 1, 2009, through July 31, 2010.
hearing within 14 days of publication of International Trade Administration
Thus, the Department is amending the
this notice.18 Hearing requests should [A–552–801] final results with respect to the
contain the following information: (1) weighted-average dumping margins for
The party’s name, address, and Certain Frozen Fish Fillets From the QVD and the Separate-Rate Applicants.4
telephone number; (2) the number of Socialist Republic of Vietnam: Notice DATES: Effective April 11, 2016.
participants; and (3) a list of the issues of Court Decisions Not in Harmony
FOR FURTHER INFORMATION CONTACT:
to be discussed. Oral presentations at With Final Results of Administrative
Javier Barrientos, AD/CVD Operations
the hearing will be limited to issues Review and Notice of Amended Final
Office V, Enforcement and Compliance,
raised in the briefs. If a request for a Results of Antidumping Duty
International Trade Administration,
hearing is made, parties will be notified Administrative Review
U.S. Department of Commerce, 14th
of the time and date for the hearing to
AGENCY: Enforcement and Compliance, Street and Constitution Avenue NW.,
be held at the U.S. Department of
International Trade Administration, Washington, DC 20230; telephone: (202)
Commerce, 1401 Constitution Avenue
Department of Commerce. 482–2243.
NW., Washington, DC 20230 in a room
to be determined.19 SUMMARY: On March 30, 2016, the SUPPLEMENTARY INFORMATION:
All submissions, with limited United States Court of International Background
exceptions, must be filed electronically Trade (‘‘the Court’’) issued final
judgments in Catfish Farmers of On March 14, 2012, the Department
using Enforcement and Compliance’s
America et al. v. United States, Consol. issued AR7 Final Results.5 Vinh Hoan
Antidumping and Countervailing Duty
Court No. 12–00087, sustaining the and Petitioners 6 timely filed complaints
Centralized Electronic Service System
Department of Commerce’s (‘‘the with the Court and challenged certain
(‘‘ACCESS’’).20 An electronically filed
aspects of the AR7 Final Results. On
document must be received successfully Department’’) AR7 Remand final
December 18, 2014, the Court remanded
in its entirety by 5 p.m. Eastern Time results.1 In the AR7 Remand, the
the Department’s AR7 Final Results and
(‘‘ET’’) on the due date. Documents Department recalculated the weighted-
instructed the Department to reconsider
excepted from the electronic submission average dumping margin for QVD Food
each of the following issues: (1) The
requirements must be filed manually Co. Ltd. (‘‘QVD’’) and Vinh Hoan
significance of presumed qualifiable
(i.e., in paper form) with the APO/ Corporation (‘‘Vinh Hoan’’) using
differences between farm-gate and
Dockets Unit in Room 18022 and revised surrogate values for by-products
wholesale prices with respect to whole
stamped with the date and time of (fish waste, fresh broken meat, and
live fish; (2) the reliability of the
receipt by 5 p.m. ET on the due date.21 frozen broken fillets by-products, and
Consistent with 19 CFR 351.216(e), Bangladeshi Department of Agricultural
capping the fish oil by-product Marketing (‘‘DAM’’) data with respect to
we will issue the final results of this surrogate value).2 Because QVD’s
changed-circumstances review no later whole live fish; (3) the fact that there are
margin changed, it also becomes the no quantities associated with the DAM
than 270 days after the date on which margin for those companies not
this review was initiated or within 45 data; (4) surrogate country selection in
individually examined but receiving a
separate rate.3 East Sea Seafoods Limited Liability Company; (7)
16 The Department is exercising its discretion
Hiep Thanh Seafood Joint Stock Company; (8)
under 19 CFR 351.309(c)(1)(ii) to alter the time limit 1 See Final Results Of Redetermination Pursuant Southern Fisheries Industries Company Ltd.; and
for the filing of case briefs. To Court Remand, Consol. Court No. 12–00087, Slip (9) Vinh Quang Fisheries Joint-Stock Company
17 The Department is exercising its discretion
Op. 14–146 (CIT December 18, 2014), dated June 26, (collectively, ‘‘Separate-Rate Applicants’’).
under 19 CFR 351.309(d)(1) to alter the time limit 2015, (‘‘AR7 Remand’’) available at http:// 4 See Certain Frozen Fish Fillets From the
for the filing of rebuttal briefs. enforcement.trade.gov/remands/14-146.pdf. Socialist Republic of Vietnam: Final Results and
18 The Department is exercising its discretion 2 See AR7 Remand at 25–29. The weighted- Partial Rescission of the Seventh Antidumping Duty
under 19 CFR 351.310(c) to alter the time limit for average margin for Vinh Hoan remains de minimis. Administrative Review, 77 FR 15039 (March 14,
requesting a hearing. However, as explained in the ‘‘Background’’ 2012) (‘‘AR7 Final Results’’) and accompanying
sradovich on DSK3TPTVN1PROD with NOTICES
19 See 19 CFR 351.310(d).
section, the Department’s recalculation of these Issues and Decision Memorandum.
20 ACCESS is available to registered users at surrogate values now yields a different weighted- 5 Id.
https://access.trade.gov and available to all parties average dumping margin for QVD. Thus, consistent 6 Catfish Farmers of America and the following
in the Central Records Unit, room B8024 of the with our practice, the Department has amended the individual U.S. catfish processors: America’s Catch,
main Department of Commerce building. final results with respect to QVD. Consolidated Catfish Companies, LLC dba Country
21 See Antidumping and Countervailing Duty 3 These companies include: (1) Anvifish Joint Select Catfish, Delta Pride Catfish, Inc., Harvest
Proceedings: Electronic Filing Procedures; Stock Company; (2) Asia Commerce Fisheries Joint Select Catfish, Inc., Heartland Catfish Company,
Administrative Protective Order Procedures, 76 FR Stock Company; (3) Bien Dong Seafood; (4) Binh An Pride of the Pond, and Simmons Farm Raised
39263 (July 6, 2011). Seafood Joint Stock Company; (5) CASEAMEX; (6) Catfish, Inc. (collectively, ‘‘Petitioners’’).
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![33466 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
light of the totality of the available data, As a result, there are calculation decision that is not ‘‘in harmony’’ with
i.e., including the non-fish factors of changes due to selecting different by- a Department determination and must
production (‘‘FOPs’’) surrogate values product surrogate values. After suspend liquidation of entries pending
(‘‘SVs’’) following reconsideration of the accounting for all such changes and a ‘‘conclusive’’ court decision. The
whole live fish issues; and (5) the issues, the resulting antidumping Court’s March 30, 2016, judgment
selection of the SVs for fish waste, fish margin for the only mandatory sustaining the AR7 Remand constitutes
oil, fresh broken meat and frozen broken respondent, QVD, is $0.19 per kilogram. a final decision of the Court that is not
fillets.7 Because QVD’s margin changed, it in harmony with the Department’s AR7
would also become the margin for those Final Results. This notice is published
On June 26, 2015, the Department companies not individually examined, in fulfillment of the publication
filed the AR7 Remand with the Court.8 but receiving a separate rate. On March requirement of Timken.
The Department maintained the 30, 2016, the Court entered judgments
selection of Bangladesh as the primary Amended Final Results
sustaining the AR7 Remand.9
country. In addition, the Department Because there is now a final court
selected different surrogate values for Timken Notice decision, the Department is amending
fish waste, fresh broken meat, and In its decision in Timken, 893 F.2d at the AR7 Final Results with respect to
frozen broken fillets by-products, and 341, as clarified by Diamond Sawblades, QVD and the Separate-Rate Applicants.
capped the fish oil by-product surrogate the CAFC held that, pursuant to section The revised weighted-average dumping
value. In addition, we accounted for all 516A(e) of the Tariff Act of 1930, as margins for these exporters during the
calculation changes as a result of the amended (‘‘the Act’’), the Department period April 1, 2009, through March 31,
original ministerial error allegations. must publish a notice of a court 2010, as follows:
Weighted average
dumping margin
Exporter name (dollars per
kilogram)
QVD Food Company Ltd 10 ........................................................................................................................................................... 0.19
Anvifish Joint Stock Company ....................................................................................................................................................... 0.19
Asia Commerce Fisheries Joint Stock Company .......................................................................................................................... 0.19
Bien Dong Seafood ....................................................................................................................................................................... 0.19
Binh An Seafood Joint Stock Company ........................................................................................................................................ 0.19
CASEAMEX ................................................................................................................................................................................... 0.19
East Sea Seafoods Limited Liability Company ............................................................................................................................. 0.19
Hiep Thanh Seafood Joint Stock Company .................................................................................................................................. 0.19
Southern Fisheries Industries Company Ltd ................................................................................................................................. 0.19
Vinh Quang Fisheries Joint-Stock Company ................................................................................................................................ 0.19
Accordingly, the Department will U.S. Customs and Border Protection to DEPARTMENT OF COMMERCE
continue the suspension of liquidation require a cash deposit for estimated AD
of the subject merchandise pending the duties at the rate noted above for each International Trade Administration
expiration of the period of appeal or, if specified exporter and producer [A–570–504]
appealed, pending a final and combination, for entries of subject
conclusive court decision. In the event merchandise, entered or withdrawn Certain Petroleum Wax Candles From
the Court’s ruling is not appealed or, if from warehouse, for consumption, on or the People’s Republic of China:
appealed, upheld by the CAFC, the after April 11, 2016. For Bien Dong, Continuation of Antidumping Duty
Department will instruct U.S. Customs these amended final results will result Order
and Border Protection to assess in a change in its cash deposit rate, from
antidumping duties on unliquidated $0.03/kg, as established in the AR7 AGENCY: Enforcement and Compliance,
entries of subject merchandise exported Final Results, to $0.19/kg. International Trade Administration,
by QVD and the Separate-Rate Commerce.
Notification to Interested Parties SUMMARY: As a result of the
Applicants using the assessment rate
calculated by the Department in the This notice is issued and published in determinations by the Department of
Remand and listed above. accordance with sections 516A(e), Commerce (‘‘Department’’) and the
751(a)(1), and 777(i)(1) of the Act. International Trade Commission (‘‘ITC’’)
Cash Deposit Requirements that revocation of the antidumping duty
Unless the applicable cash deposit Dated: May 13, 2016. (‘‘AD’’) order on certain petroleum wax
rates have been superseded by cash Paul Piquado, candles (‘‘candles’’) from the People’s
deposit rates calculated in an Assistant Secretary for Enforcement and Republic of China (‘‘PRC’’) would likely
intervening administrative review of the Compliance. lead to a continuation or recurrence of
AD order on frozen fish fillets from [FR Doc. 2016–12543 Filed 5–25–16; 8:45 am] dumping and material injury to an
Vietnam, the Department will instruct industry in the United States, the
sradovich on DSK3TPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
7 See Catfish Farmers of America et al. v. United 10 This rate is also applicable to QVD Dong Thap question, we continue to find these companies to
States, Court No. 12–00087, Slip Op. 14–146 (CIT Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co., be part of a single entity. Therefore, we will assign
December 18, 2014). Ltd. (‘‘THUFICO’’). In the second review of this this rate to the companies in the single entity. See
8 See AR7 Remand. order, the Department found QVD, Dong Thap and Certain Frozen Fish Fillets from the Socialist
9 See Catfish Farmers of America et al. v. United THUFICO to be a single entity, and because there Republic of Vietnam: Preliminary Results of
States, Court No. 11–00087, Slip. Op. 16–29 (CIT has been no evidence submitted on the record of Antidumping Duty Administrative Review, 71 FR
March 30, 2016). this review that calls this determination into 53387 (September 11, 2006).
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Document Created: 2016-05-26 01:14:16
Document Modified: 2016-05-26 01:14:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 11, 2016. | |
| Contact | 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- 2243. | |
| FR Citation | 81 FR 33465 |
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