81 FR 44272 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 130 (July 7, 2016)
International Trade Administration
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44272-44274 | |
| FR Document | 2016-16060 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Notices] [Pages 44272-44274] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16060] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review; 2014- 2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') published the Preliminary Results of the new shipper review of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on January 21, 2016.\1\ The period of review (``POR'') is August 1, 2014, through January 1, 2015. We provided 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 the final results. The final dumping margin is listed below in the ``Final Results of the New Shipper Review'' section of this notice. --------------------------------------------------------------------------- \1\ See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty New Shipper Review; 2014-2015, 81 FR 5709 (January 21, 2016) (``Preliminary Results''), and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- DATES: Effective Date: July 7, 2016. FOR FURTHER INFORMATION CONTACT: Paul Walker or Kenneth Hawkins, 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 202-482-6491, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on January 21, 2016.\2\ On April 4, 2016, the Department extended the deadline for the final results to June 27, 2016.\3\ The Department conducted a verification of Hai Huong Seafood Joint Stock Company (``HHFISH'') between April 11, 2016, and April 13, 2016.\4\ Between June 2, 2016 and June 8, 2016, Petitioners submitted their case brief and HHFISH submitted a rebuttal brief. --------------------------------------------------------------------------- \2\ See Preliminary Results; see also Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016, extending all administrative deadlines by four business days. \3\ 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 Kenneth Hawkins, International Trade Analyst, Office V, Antidumping and Countervailing Duty Operations, regarding Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Final Results of 2014-2015 New Shipper Review, dated April 4, 2016. \4\ See Memorandum to the File, from Matthew Renkey and Kenneth Hawkins, Case Analysts, ``Verification of the Sales and Factors of Production Responses of Hai Huong Seafood Joint Stock Company in the 2014-2015 New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,'' dated May 24, 2016. --------------------------------------------------------------------------- [[Page 44273]] 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'').\5\ Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.\6\ --------------------------------------------------------------------------- \5\ 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. \6\ 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, regarding Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the Final Results of Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 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 HHFISH.\7\ --------------------------------------------------------------------------- \7\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Final Results of the Review The dumping margin for the final results of this new shipper review is as follows: ------------------------------------------------------------------------ Weighted- average margin Exporter/producer (dollars/ kilogram) \8\ ------------------------------------------------------------------------ Hai Huong Seafood Joint Stock Company...................... 1.25 ------------------------------------------------------------------------ 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. --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- 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 new shipper 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). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper 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 subject merchandise produced and exported by HHFISH, the cash deposit rate will be the rate established in the final results of this new shipper 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 the specific producer-exporter combination listed above); (2) for subject merchandise exported by HHFISH, but not manufactured by HHFISH, the cash deposit rate will continue to be the Vietnam-wide rate (i.e., $2.35/Kilogram); and (3) for subject merchandise manufactured by HHFISH, but exported by any other party, the cash deposit rate will be the Vietnam-wide rate (i.e., $2.35/Kilogram). The cash deposit requirement, 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 [[Page 44274]] 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 this new shipper review and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. Dated: June 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum Summary Case Issues Background Scope of the Order Discussion of the Issues Comment I Application of Facts Available to HHFISH's Reported Factors of Production Comment II By-products Sold During the POR Comment III Corrections to the SAS Program Recommendation [FR Doc. 2016-16060 Filed 7-6-16; 8:45 am] BILLING CODE 3510-DS-P
![44272 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
SUPPLEMENTARY INFORMATION: ‘‘Information and Communication accepted through September 16, 2016
Amendments to Revise the Event Title Technology Trade Mission’’ to ‘‘Cyber (and after that date if space remains and
and Dates. Security Trade Mission,’’ and the dates scheduling constraints permit).
Background of the mission modified from November Interested U.S. companies and trade
28–December 1, 2016, to December 5–8, associations/organizations providing
Due to the U.S. holidays around the 2016. As a result of the shift of the event cyber security products and services
original dates of the mission, it has been
dates the date of the application which have not already submitted an
determined that to allow for optimal
deadline is revised from September 6, application are encouraged to do so.
execution of recruitment and event
scheduling for the mission, the title of 2016 to the new deadline of September The proposed schedule is updated as
the mission was amended from 16, 2016. Applications will now be follows:
Sunday Dec. 4 .......................................................................................... • Trade Mission Participants Arrive in Istanbul.
• Visit the city (Optional).
• Mission Welcome Meet-up.
Monday Dec. 5 ......................................................................................... • Welcome to Istanbul and Country Briefing (Turkey).
• One-on-One business matchmaking appointments.
• Networking Lunch.
• One-on-One business matchmaking appointments.
• Networking Reception (TBC).
Tuesday Dec. 6 ........................................................................................ • One-on-One business matchmaking appointments.
• Networking Lunch.
• Travel to Ankara.
Wednesday Dec. 7 ................................................................................... • Welcome to Ankara.
• One-on-One business matchmaking appointments.
• Networking Lunch.
• One-on-One business matchmaking appointments.
• Networking Reception.
Thursday Dec. 8 ....................................................................................... • Ministry Meetings.
• Networking Lunch.
• More meetings.
• Trade Mission Ends.
The U.S. Department of Commerce review of the antidumping duty order Background
will review applications and make on certain frozen fish fillets (‘‘fish
selection decisions on a rolling basis in fillets’’) from the Socialist Republic of The Department published the
accordance with the Notice published at Vietnam (‘‘Vietnam’’) on January 21, Preliminary Results on January 21,
80 FR 76670 (December 10, 2015). The 2016.1 The period of review (‘‘POR’’) is 2016.2 On April 4, 2016, the Department
applicants selected will be notified as August 1, 2014, through January 1, extended the deadline for the final
soon as possible. 2015. We provided interested parties an results to June 27, 2016.3 The
opportunity to comment on the Department conducted a verification of
Contact Information
Preliminary Results. Based upon our Hai Huong Seafood Joint Stock
Gemal Brangman, Team Leader, Trade Company (‘‘HHFISH’’) between April
Promotion Programs, U.S. Department analysis of the comments and
information received, we made changes 11, 2016, and April 13, 2016.4 Between
of Commerce, Washington, DC 20230, June 2, 2016 and June 8, 2016,
Tel: 202–482–3773, Fax: 202–482–9000, to the margin calculations for the final
results. The final dumping margin is Petitioners submitted their case brief
Gemal.Brangman@trade.gov. and HHFISH submitted a rebuttal brief.
listed below in the ‘‘Final Results of the
Gemal J. Brangman, New Shipper Review’’ section of this
2 See Preliminary Results; see also Memorandum
Trade Promotion Programs Team Leader. notice.
to the Record from Ron Lorentzen, Acting A/S for
[FR Doc. 2016–15842 Filed 7–6–16; 8:45 am]
DATES: Effective Date: July 7, 2016. Enforcement & Compliance, regarding ‘‘Tolling of
BILLING CODE 3510–FP–P Administrative Deadlines As a Result of the
FOR FURTHER INFORMATION CONTACT: Paul Government Closure During Snowstorm Jonas,’’
Walker or Kenneth Hawkins, AD/CVD dated January 27, 2016, extending all administrative
DEPARTMENT OF COMMERCE deadlines by four business days.
Operations, Office V, Enforcement and 3 See Memorandum to Christian Marsh, Deputy
International Trade Administration Compliance, International Trade Assistant Secretary for Antidumping and
Administration, U.S. Department of Countervailing Duty Operations, through James C.
[A–552–801] Commerce, 14th Street and Constitution Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Kenneth
Avenue NW., Washington, DC 20230; Hawkins, International Trade Analyst, Office V,
Certain Frozen Fish Fillets From the
telephone: 202–482–0413 or 202–482– Antidumping and Countervailing Duty Operations,
Socialist Republic of Vietnam: Final
6491, respectively. regarding Certain Frozen Fish Fillets from the
Results of Antidumping Duty New Socialist Republic of Vietnam: Extension of
srobinson on DSK5SPTVN1PROD with NOTICES
Shipper Review; 2014–2015 SUPPLEMENTARY INFORMATION: Deadline for Final Results of 2014–2015 New
Shipper Review, dated April 4, 2016.
AGENCY: Enforcement and Compliance, 4 See Memorandum to the File, from Matthew
1 See Certain Frozen Fish Fillets from the Socialist
International Trade Administration, Renkey and Kenneth Hawkins, Case Analysts,
Republic of Vietnam: Preliminary Results of the
Department of Commerce. ‘‘Verification of the Sales and Factors of Production
Antidumping Duty New Shipper Review; 2014– Responses of Hai Huong Seafood Joint Stock
SUMMARY: The Department of Commerce 2015, 81 FR 5709 (January 21, 2016) (‘‘Preliminary Company in the 2014–2015 New Shipper Review of
(‘‘the Department’’) published the Results’’), and accompanying Preliminary Decision Certain Frozen Fish Fillets from the Socialist
Preliminary Results of the new shipper Memorandum. Republic of Vietnam,’’ dated May 24, 2016.
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![44274 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
responsibility concerning the return or exporters of subject merchandise.2 We wound), and cut-to-length products are
destruction of proprietary information received no comments or requests for a included. The merchandise is currently
disclosed under APO in accordance hearing. Therefore, for the final results, classified under Harmonized Tariff
with 19 CFR 351.305, which continues we continue to find that three of the Schedule of the United States (HTSUS)
to govern business proprietary producers or exporters for which the item numbers 7409.21.00.50,
information in this segment of the Department initiated a review, 7409.21.00.75, 7409.21.00.90,
proceeding. Timely written notification Schwermetall, ThyssenKrupp, and 7409.29.00.50, 7409.29.00.75, and
of the return or destruction of APO Wieland, had no shipments during the 7409.29.0090. Although the HTSUS
materials, or conversion to judicial POR. Further, we find that subject item numbers are provided for
protective order, is hereby requested. merchandise has been sold at less than convenience and customs purposes, the
Failure to comply with the regulations normal value by seven of the companies written description of the scope of this
and terms of an APO is a violation subject to this review.3 order remains dispositive.
which is subject to sanction. DATES: Effective Date: July 7, 2016. Final Determination of No Shipments
We are issuing and publishing this FOR FURTHER INFORMATION CONTACT:
new shipper review and notice in As noted above, the Department
George McMahon or Eric Greynolds,
accordance with sections 751(a)(2)(B) received no comments concerning the
AD/CVD Operations, Office III,
and 777(i) of the Tariff Act of 1930, as Preliminary Results of this segment of
Enforcement and Compliance,
amended, and 19 CFR 351.214. the proceeding. As there are no changes
International Trade Administration,
from, or comments on, the Preliminary
Dated: June 27, 2016. U.S. Department of Commerce, 14th
Results, the Department continues to
Paul Piquado, Street and Constitution Avenue NW.,
find that Schwermetall, ThyssenKrupp,
Assistant Secretary for Enforcement and Washington, DC 20230; telephone: (202)
and Wieland had no shipments of the
Compliance. 482–1167 or (202) 482–6071,
subject merchandise, and, therefore, no
respectively. reviewable transactions, during the
Appendix
Background POR. Further, we find that subject
List of Topics Discussed in the Final merchandise has been sold at less than
Decision Memorandum On April 11, 2016, the Department
published the Preliminary Results. The normal value by Aurubis, Schreiber,
Summary KME, Messingwerk, MKM, Schlenk, and
Case Issues period of review (POR) is March 1,
2014, through February 28, 2015. We Sundwiger. Accordingly, the
Background preliminary issues and decision
Scope of the Order invited interested parties to comment on
Discussion of the Issues the Preliminary Results. We received no memorandum is adopted in toto as the
Comment I Application of Facts comments from any party. The final decision memorandum and no new
Available to HHFISH’s Reported Factors Department conducted this decision memorandum accompanies
of Production this Federal Register notice. For further
administrative review in accordance
Comment II By-products Sold During the details of the issues addressed in this
with section 751(a)(2) of the Tariff Act
POR proceeding, see the Preliminary Results
Comment III Corrections to the SAS
of 1930, as amended (the Act).
and the accompanying Preliminary
Program Scope of the Order Decision Memorandum.4
Recommendation
The scope of the order covers Final Results of Review
[FR Doc. 2016–16060 Filed 7–6–16; 8:45 am]
shipments of brass sheet and strip, other
BILLING CODE 3510–DS–P As a result of this review, the
than leaded and tinned, from Germany.
Department determines that the
The chemical composition of the
following dumping margins on brass
covered products is currently defined in
DEPARTMENT OF COMMERCE sheet and strip from Germany exist for
the Copper Development Association
the period March 1, 2014, through
International Trade Administration (CDA) 200 Series or the Unified
February 28, 2015:
Numbering System (UNS) C2000; this
[A–428–602] review does not cover products the Margin
chemical compositions of which are Producer and/or exporter (percent)
Brass Sheet and Strip From Germany: defined by other CDA or UNS series. In
Final Results of Antidumping Duty physical dimensions, the products Aurubis Stolberg GmbH & Co.
Administrative Review and Final covered by this review have a solid KG ........................................... 22.61
Determination of No Shipments; 2014– rectangular cross section over 0.006 Carl Schreiber GmbH ................. 22.61
2015 KME Germany AG & Co. KG ..... 22.61
inches (0.15 millimeters) through 0.188 Messingwerk Plettenberg Herfeld
AGENCY: Enforcement and Compliance, inches (4.8 millimeters) in finished GmbH & Co. KG ..................... 55.60
International Trade Administration, thickness or gauge, regardless of width. MKM Mansfelder Kupfer &
Department of Commerce. Coiled, wound-on-reels (traverse Messing GmbH ....................... 22.61
SUMMARY: On April 11, 2016, the Schlenk Metallfolien GmbH &
2 The ten producers or exporters include: Aurubis Co. KG .................................... 22.61
Department of Commerce (the Stolberg GmbH & Co. KG (Aurubis), Carl Schreiber
Department) published the preliminary GmbH (Schreiber), KME Germany AG & Co. KG 4 See Memorandum to Ronald K. Lorentzen,
results of the administrative review of (KME), Messingwerk Plettenberg Herfeld GmbH & Acting Assistant Secretary for Enforcement and
the antidumping duty (AD) order on Co. KG (Messingwerk), MKM Mansfelder Kupfer & Compliance, from Gary Taverman, Associate
srobinson on DSK5SPTVN1PROD with NOTICES
Messing GmbH (MKM), Schlenk Metallfolien GmbH
brass sheet and strip from Germany.1 & Co. KG (Schlenk), Schwermetall Halbzeugwerk
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled ‘‘Decision
The review covers ten producers or GmbH & Co. KG (Schwermetall), Sundwiger Memorandum for the Preliminary Results of the
Messingwerke GmbH & Co. KG (Sundwiger), Antidumping Duty Administrative Review: Brass
1 See Brass Sheet and Strip from Germany: ThyssenKrupp VDM GmbH (ThyssenKrupp), and Sheet and Strip from Germany; 2014–2015,’’ dated
Preliminary Results of Antidumping Duty Wieland-Werke AG (Wieland). April 4, 2016 (Preliminary Decision Memorandum).
Administrative Review and Preliminary 3 The seven companies are Aurubis, Schreiber, The Preliminary Decision Memorandum can be
Determination of No Shipments; 2014–2015, 81 FR KME, Messingwerk, MKM, Schlenk, and accessed directly at: http://enforcement.trade.gov/
21312 (April 11, 2016) (Preliminary Results). Sundwiger. frn/index.html.
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Document Created: 2018-02-08 07:54:38
Document Modified: 2018-02-08 07:54:38
| 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 Date: July 7, 2016. | |
| Contact | Paul Walker or Kenneth Hawkins, 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 202-482-6491, respectively. | |
| FR Citation | 81 FR 44272 |
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