83_FR_12774 83 FR 12717 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results, Final Results of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016

83 FR 12717 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results, Final Results of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12717-12719
FR Document2018-05935

The Department of Commerce (Commerce) determines that certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than normal value during the period of review (POR) August 1, 2015, through July 31, 2016.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12717-12719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05935]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results, Final Results of No Shipments, and Partial 
Rescission of the Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
frozen fish fillets (fish fillets) from the Socialist Republic of 
Vietnam (Vietnam) are being, or are likely to be, sold in the United 
States at less than normal value during the period of review (POR) 
August 1, 2015, through July 31, 2016.

DATES: Applicable March 23, 2018.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone 202-482-2243.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on September 12, 
2017.\1\ In the Preliminary Results, we determined that GODACO Seafood 
Joint Stock Company (GODACO) did not act to the best of its ability in 
responding to Commerce's questionnaires and, pursuant to sections 
776(a) and (b) of the Tariff Act of 1930, as amended (the Act), 
Commerce applied an adverse inference in calculating a margin for 
GODACO.\2\ Commerce also determined a margin for the companies subject 
to this review which demonstrated that they were separate from the 
Vietnam-wide entity.\3\ Between February 5 and 15, 2018, interested 
parties submitted case and rebuttal briefs. On February 27, 2018, 
Commerce held a public hearing limited to issues raised in the case and 
rebuttal briefs. The period of review (POR) is August 1, 2015, through 
July 31, 2016.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results, Preliminary Determination of No 
Shipments, and Partial Rescission of the Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 42785 (September 12, 2017) 
(Preliminary Results) and Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Decision Memorandum for the 
Preliminary Results of the 2015-2016 Antidumping Duty Administrative 
Review (August 31, 2017) (PDM).
    \2\ See PDM.
    \3\ Id.
---------------------------------------------------------------------------

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

[[Page 12718]]

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).\4\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.\5\
---------------------------------------------------------------------------

    \4\ 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, Commerce 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, Commerce 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.
    \5\ For a complete description of the scope of the order, see 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Issues and Decision Memorandum for the Final Results of the 
Thirteenth Antidumping Duty. Administrative Review; 2015-2016,'' 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 as the Appendix to this 
notice. 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 have 
determined that a different rate is appropriate to apply to GODACO, 
which in turn results in a different rate applied to the separate rate 
companies from the margins assigned in the Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Saigon-Mekong Fishery Co., Ltd. (SAMEFICO), and QVD \6\ had no 
shipments during the POR. Consistent with Commerce's refinement to its 
assessment practice in non-market economy (NME) cases, we completed the 
review with respect to the above-named companies.\7\ Based on the 
certifications submitted by these companies, we continue to find that 
they did not have any shipments during the POR. As noted in the 
``Assessment Rates'' section below, Commerce intends to issue 
appropriate instructions to CBP for the above-named companies based on 
the final results of the review.
---------------------------------------------------------------------------

    \6\ These companies include QVD Food Co., Ltd., QVD Dong Thap 
Food Co., Ltd. and Thuan Hung Co., Ltd.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Vietnam-Wide Entity

    We noted in the Preliminary Results that a review was requested, 
but not rescinded, for Golden Quality Seafood Corporation (Golden 
Quality). Golden Quality failed to answer Commerce's antidumping duty 
questionnaire and is not eligible for separate rate status; thus, we 
find Golden Quality to be part of the Vietnam-wide entity, which is not 
under review. As Golden Quality is part of the Vietnam-wide entity, it 
will receive the Vietnam-wide entity's antidumping duty margin of 
$2.39/kg. Additionally, consistent with Commerce's practice to assign 
the Vietnam-wide rate to companies under review that do not submit 
separate rate certifications or applications and, thus, are not 
eligible for separate rate status, we are also assigning the Vietnam-
wide entity's rate to Anvifish Joint Stock Company (Anvifish) and Thuan 
An Production Trading and Service Co., Ltd. (Tafishco).

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.213(d)(3) and 19 CFR 351.401(f), and 
in accordance with our decision in Comment 7 of the Issues and Decision 
Memorandum, Commerce is rescinding this review with respect to An Giang 
Agriculture and Food Import-Export Joint Stock Company (Afiex), Bien 
Dong Seafood Co., Ltd. (Bien Dong) and Vinh Hoan Corporation (Vinh 
Hoan).

Final Results of the Review

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

    \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).

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (dollars/
                                                          kilogram) 8
------------------------------------------------------------------------
GODACO Seafood Joint Stock Company...................            ** 3.87
Cadovimex II Seafood Import-Export and Processing                   7.74
 Joint Stock Company ***.............................
Can Tho Import-Export Joint Stock Company, aka                      3.87
 CASEAMEX *..........................................
Cuu Long Fish Joint Stock Company *..................               3.87
Dai Thanh Seafoods Company Limited *.................               3.87
Green Farms Seafood Joint Stock Company *............               3.87
Hoang Long Seafood Processing Co., Ltd.***...........               7.74
Hung Vuong Group *...................................               3.87
NTSF Seafoods Joint Stock Company *..................               3.87
Southern Fishery Industries Company, Ltd.............               3.87
Vinh Quang Fisheries Corporation *...................               3.87
------------------------------------------------------------------------
* These companies are separate rate respondents not individually
  examined.
** Although we find mandatory respondent GODACO to be eligible for a
  separate rate, its margin is based on adverse facts available (AFA).
*** Cadovimex II's and Hoang Long's rates are based on a finding of duty
  reimbursements.


[[Page 12719]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce 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 kilogram) rates by the 
weight in kilograms 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), Commerce 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).
    Commerce determines that the No Shipment Companies did not have any 
reviewable transactions during the POR. As a result, any suspended 
entries that entered under these exporters' case numbers (i.e., at each 
exporter's rate) will be liquidated at the Vietnam-wide rate.\9\
---------------------------------------------------------------------------

    \9\ 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 kilogram; 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties. As noted above, and described in detail in the 
Issues and Decision Memorandum, Commerce has determined as adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, that 
Cadovimex II and Hoang Long had their antidumping duties reimbursed 
during the POR.

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 and 
19 CFR 351.221(b)(5).

     Dated: March 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Comment 1: Assignment of AFA Rate to GODACO
Comment 2: Assignment of GODACO's Rate to the Separate Rate 
Respondents
Comment 3: Assignment of AFA Rate to Hoang Long and CADOVIMEX II
Comment 4: Whether to Rescind the Review with Respect to Golden 
Quality
Comment 5: Golden Quality's Reporting of CONNUM-Specific FOPs
Comment 6: Application of Adverse Facts Available to Golden Quality
Comment 7: Preliminary Results Posting Errors
Comment 8: CBP Instructions

[FR Doc. 2018-05935 Filed 3-22-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                                    12717

                                             DEPARTMENT OF COMMERCE                                      ACTION: Notice and opportunity for                       increased imports into the United States
                                                                                                         public comment.                                          of articles like or directly competitive
                                             Economic Development Administration                                                                                  with those produced by each of the
                                                                                                         SUMMARY:   The Economic Development                      firms contributed importantly to the
                                             Notice of Petitions by Firms for
                                                                                                         Administration (EDA) has received                        total or partial separation of the firms’
                                             Determination of Eligibility To Apply
                                                                                                         petitions for certification of eligibility to            workers, or threat thereof, and to a
                                             for Trade Adjustment Assistance
                                                                                                         apply for Trade Adjustment Assistance                    decrease in sales or production of each
                                             AGENCY:Economic Development                                 from the firms listed below.                             petitioning firm.
                                             Administration, U.S. Department of                          Accordingly, EDA has initiated
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                             Commerce.                                                   investigations to determine whether

                                                     LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
                                                                                               ASSISTANCE
                                                                                                                  [03/05/2018 through 03/13/2018]

                                                                                                                             Date accepted
                                                         Firm name                                 Firm address                    for                                      Product(s)
                                                                                                                              investigation

                                             PrintSpace 3D, LLC ................      785 Pinehaven Street,                           3/6/2018     The firm manufactures 3D printers.
                                                                                        Rexburg, ID 83440.
                                             Trans Tool, LLC ......................   110 Connelly Street, San An-                    3/8/2018     The firm manufactures automotive tools and shop equipment,
                                                                                        tonio, TX 78203.                                             including cabinet washers, steel tanks and tables, and air-
                                                                                                                                                     less shot blasting machines.
                                             Emdee International Enter-               3595 Clearview Parkway, At-                 3/13/2018        The firm manufactures custom textiles, including drapery
                                              prises, Inc.                              lanta, GA 30340.                                             panels, bedding, pillows, table runners, and fabric lamp
                                                                                                                                                     shades.



                                               Any party having a substantial                            DEPARTMENT OF COMMERCE                                   Preliminary Results, we determined that
                                             interest in these proceedings may                                                                                    GODACO Seafood Joint Stock Company
                                             request a public hearing on the matter.                     International Trade Administration                       (GODACO) did not act to the best of its
                                             A written request for a hearing must be                     [A–552–801]
                                                                                                                                                                  ability in responding to Commerce’s
                                             submitted to the Trade Adjustment                                                                                    questionnaires and, pursuant to sections
                                             Assistance Division, Room 71030,                            Certain Frozen Fish Fillets From the                     776(a) and (b) of the Tariff Act of 1930,
                                             Economic Development Administration,                        Socialist Republic of Vietnam: Final                     as amended (the Act), Commerce
                                             U.S. Department of Commerce,                                Results, Final Results of No                             applied an adverse inference in
                                             Washington, DC 20230, no later than ten                     Shipments, and Partial Rescission of                     calculating a margin for GODACO.2
                                                                                                         the Antidumping Duty Administrative                      Commerce also determined a margin for
                                             (10) calendar days following publication
                                                                                                         Review; 2015–2016                                        the companies subject to this review
                                             of this notice. These petitions are
                                                                                                                                                                  which demonstrated that they were
                                             received pursuant to section 251 of the                     AGENCY:  Enforcement and Compliance,                     separate from the Vietnam-wide entity.3
                                             Trade Act of 1974, as amended.                              International Trade Administration,                      Between February 5 and 15, 2018,
                                               Please follow the requirements set                        Department of Commerce.                                  interested parties submitted case and
                                             forth in EDA’s regulations at 13 CFR                        SUMMARY: The Department of Commerce                      rebuttal briefs. On February 27, 2018,
                                             315.9 for procedures to request a public                    (Commerce) determines that certain                       Commerce held a public hearing limited
                                             hearing. The Catalog of Federal                             frozen fish fillets (fish fillets) from the              to issues raised in the case and rebuttal
                                             Domestic Assistance official number                         Socialist Republic of Vietnam (Vietnam)                  briefs. The period of review (POR) is
                                             and title for the program under which                       are being, or are likely to be, sold in the              August 1, 2015, through July 31, 2016.
                                             these petitions are submitted is 11.313,                    United States at less than normal value                  Scope of the Order
                                             Trade Adjustment Assistance for Firms.                      during the period of review (POR)
                                                                                                         August 1, 2015, through July 31, 2016.                      The product covered by the order is
                                             Irette Patterson,                                                                                                    frozen fish fillets, including regular,
                                                                                                         DATES: Applicable March 23, 2018.
                                             Program Analyst.                                                                                                     shank, and strip fillets and portions
                                                                                                         FOR FURTHER INFORMATION CONTACT:                         thereof, whether or not breaded or
                                             [FR Doc. 2018–05895 Filed 3–22–18; 8:45 am]
                                                                                                         Javier Barrientos, AD/CVD Operations,                    marinated, of the species Pangasius
                                             BILLING CODE 3510–WH–P                                      Office V, Enforcement and Compliance,                    Bocourti, Pangasius Hypophthalmus
                                                                                                         International Trade Administration,                      (also known as Pangasius Pangasius)
                                                                                                         U.S. Department of Commerce, 1401                        and Pangasius Micronemus. These
                                                                                                         Constitution Avenue NW, Washington,                      products are classifiable under tariff
                                                                                                         DC 20230; telephone 202–482–2243.
                                                                                                         SUPPLEMENTARY INFORMATION:                               Partial Rescission of the Antidumping Duty
                                                                                                                                                                  Administrative Review; 2015–2016, 82 FR 42785
amozie on DSK30RV082PROD with NOTICES




                                                                                                         Background                                               (September 12, 2017) (Preliminary Results) and
                                                                                                                                                                  Certain Frozen Fish Fillets from the Socialist
                                                                                                           Commerce published the Preliminary                     Republic of Vietnam: Decision Memorandum for
                                                                                                         Results on September 12, 2017.1 In the                   the Preliminary Results of the 2015–2016
                                                                                                                                                                  Antidumping Duty Administrative Review (August
                                                                                                           1 See Certain Frozen Fish Fillets from the Socialist   31, 2017) (PDM).
                                                                                                                                                                    2 See PDM.
                                                                                                         Republic of Vietnam: Preliminary Results,
                                                                                                         Preliminary Determination of No Shipments, and             3 Id.




                                        VerDate Sep<11>2014    21:54 Mar 22, 2018     Jkt 244001    PO 00000   Frm 00004   Fmt 4703    Sfmt 4703   E:\FR\FM\23MRN1.SGM   23MRN1


                                             12718                                     Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             article code 0304.62.0020 (Frozen Fish                                   Decision Memorandum are identical in                                     Corporation (Golden Quality). Golden
                                             Fillets of the species Pangasius,                                        content.                                                                 Quality failed to answer Commerce’s
                                             including basa and tra), and may enter                                                                                                            antidumping duty questionnaire and is
                                                                                                                      Changes Since the Preliminary Results
                                             under tariff article codes 0305.59.0000,                                                                                                          not eligible for separate rate status; thus,
                                             1604.19.2100, 1604.19.3100,                                                 Based on a review of the record and                                   we find Golden Quality to be part of the
                                             1604.19.4100, 1604.19.5100,                                              comments received from interested                                        Vietnam-wide entity, which is not
                                             1604.19.6100 and 1604.19.8100 of the                                     parties regarding our Preliminary                                        under review. As Golden Quality is part
                                             Harmonized Tariff Schedule of the                                        Results, and for the reasons explained in                                of the Vietnam-wide entity, it will
                                             United States (HTSUS).4 Although the                                     the Issues and Decision Memorandum,                                      receive the Vietnam-wide entity’s
                                             HTSUS subheadings are provided for                                       we have determined that a different rate                                 antidumping duty margin of $2.39/kg.
                                             convenience and customs purposes, the                                    is appropriate to apply to GODACO,                                       Additionally, consistent with
                                             written description of the scope of the                                  which in turn results in a different rate                                Commerce’s practice to assign the
                                             order is dispositive.5                                                   applied to the separate rate companies                                   Vietnam-wide rate to companies under
                                                                                                                      from the margins assigned in the                                         review that do not submit separate rate
                                             Analysis of Comments Received
                                                                                                                      Preliminary Results.                                                     certifications or applications and, thus,
                                                All issues raised in the case and                                                                                                              are not eligible for separate rate status,
                                             rebuttal briefs by parties in this review                                Final Determination of No Shipments
                                                                                                                                                                                               we are also assigning the Vietnam-wide
                                             are addressed in the Issues and Decision                                   In the Preliminary Results, Commerce                                   entity’s rate to Anvifish Joint Stock
                                             Memorandum. A list of the issues which                                   preliminarily determined that Saigon-                                    Company (Anvifish) and Thuan An
                                             parties raised is attached as the                                        Mekong Fishery Co., Ltd. (SAMEFICO),                                     Production Trading and Service Co.,
                                             Appendix to this notice. The Issues and                                  and QVD 6 had no shipments during the                                    Ltd. (Tafishco).
                                             Decision Memorandum is a public                                          POR. Consistent with Commerce’s
                                             document and is on file in the Central                                   refinement to its assessment practice in                                 Partial Rescission of Administrative
                                             Records Unit (CRU), Room B8024 of the                                    non-market economy (NME) cases, we                                       Review
                                             main Department of Commerce                                              completed the review with respect to                                       In accordance with 19 CFR
                                             building, as well as electronically via                                  the above-named companies.7 Based on                                     351.213(d)(3) and 19 CFR 351.401(f),
                                             Enforcement and Compliance’s                                             the certifications submitted by these                                    and in accordance with our decision in
                                             Antidumping and Countervailing Duty                                      companies, we continue to find that                                      Comment 7 of the Issues and Decision
                                             Centralized Electronic Service System                                    they did not have any shipments during                                   Memorandum, Commerce is rescinding
                                             (ACCESS). ACCESS is available to                                         the POR. As noted in the ‘‘Assessment                                    this review with respect to An Giang
                                             registered users at http://                                              Rates’’ section below, Commerce                                          Agriculture and Food Import-Export
                                             access.trade.gov and in the CRU. In                                      intends to issue appropriate instructions                                Joint Stock Company (Afiex), Bien Dong
                                             addition, a complete version of the                                      to CBP for the above-named companies                                     Seafood Co., Ltd. (Bien Dong) and Vinh
                                             Issues and Decision Memorandum can                                       based on the final results of the review.                                Hoan Corporation (Vinh Hoan).
                                             be accessed directly on the internet at
                                             http://enforcement.trade.gov/frn/                                        Vietnam-Wide Entity                                                      Final Results of the Review
                                             index.html. The signed Issues and                                          We noted in the Preliminary Results                                      The weighted-average dumping
                                             Decision Memorandum and the                                              that a review was requested, but not                                     margins for the final results of this
                                             electronic version of the Issues and                                     rescinded, for Golden Quality Seafood                                    administrative review are as follows:

                                                                                                                                                                                                                                         Weighted-average
                                                                                                                                   Exporter                                                                                               margin (dollars/
                                                                                                                                                                                                                                            kilogram) 8

                                             GODACO Seafood Joint Stock Company .....................................................................................................................................                               ** 3.87
                                             Cadovimex II Seafood Import-Export and Processing Joint Stock Company *** ..........................................................................                                                      7.74
                                             Can Tho Import-Export Joint Stock Company, aka CASEAMEX * ...............................................................................................                                                 3.87
                                             Cuu Long Fish Joint Stock Company * ..........................................................................................................................................                            3.87
                                             Dai Thanh Seafoods Company Limited * ......................................................................................................................................                               3.87
                                             Green Farms Seafood Joint Stock Company * .............................................................................................................................                                   3.87
                                             Hoang Long Seafood Processing Co., Ltd.*** ..............................................................................................................................                                 7.74
                                             Hung Vuong Group * ......................................................................................................................................................................                 3.87
                                             NTSF Seafoods Joint Stock Company * ........................................................................................................................................                              3.87
                                             Southern Fishery Industries Company, Ltd. ..................................................................................................................................                              3.87
                                             Vinh Quang Fisheries Corporation * ..............................................................................................................................................                         3.87
                                                * These companies are separate rate respondents not individually examined.
                                                ** Although we find mandatory respondent GODACO to be eligible for a separate rate, its margin is based on adverse facts available (AFA).
                                                *** Cadovimex II’s and Hoang Long’s rates are based on a finding of duty reimbursements.

                                                4 Until June 30, 2004, these products were                            January 1, 2012. On January 1, 2012, Commerce                              6 These companies include QVD Food Co., Ltd.,

                                             classifiable under HTSUS 0304.20.6030,                                   added the following HTSUS numbers at the request                         QVD Dong Thap Food Co., Ltd. and Thuan Hung
                                             0304.20.6096, 0304.20.6043 and 0304.20.6057.                             of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100,                        Co., Ltd.
                                             From July 1, 2004, until December 31, 2006, these                        1604.19.5100, 1604.19.6100 and 1604.19.8100.                               7 See Non-Market Economy Antidumping

                                             products were classifiable under HTSUS                                                                                                            Proceedings: Assessment of Antidumping Duties, 76
amozie on DSK30RV082PROD with NOTICES




                                                                                                                        5 For a complete description of the scope of the
                                             0304.20.6033. From January 1, 2007, until                                                                                                         FR 65694, 65694–95 (October 24, 2011).
                                                                                                                      order, see Certain Frozen Fish Fillets from the
                                             December 31, 2011, these products were classifiable                                                                                                 8 In the third administrative review of this order,
                                                                                                                      Socialist Republic of Vietnam: Issues and Decision
                                             under HTSUS 0304.29.6033. On March 2, 2011,                                                                                                       the Department determined that it would calculate
                                             Commerce added two HTSUS numbers at the                                  Memorandum for the Final Results of the                                  per-unit assessment and cash deposit rates for all
                                             request of U.S. Customs and Border Protection                            Thirteenth Antidumping Duty. Administrative                              future reviews. See Certain Frozen Fish Fillets from
                                             (‘‘CBP’’) that the subject merchandise may enter                         Review; 2015–2016,’’ at 2–3 (Issues and Decision                         the Socialist Republic of Vietnam: Final Results of
                                             under: 1604.19.2000 and 1604 19.3000, which were                         Memorandum), dated concurrently with and hereby                          Antidumping Duty Administrative Review and
                                             changed to 1604.19.2100 and 1604.19.3100 on                              adopted by this notice.                                                  Partial Rescission, 73 FR 15479 (March 24, 2008).



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                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                                 12719

                                             Assessment Rates                                        previously investigated or reviewed                     Dated: March 14, 2018.
                                               Pursuant to section 751(a)(2)(A) of the               Vietnamese and non-Vietnamese                         Gary Taverman,
                                             Act and 19 CFR 351.212(b), Commerce                     exporters not listed above that have                  Deputy Assistant Secretary for Antidumping
                                             will determine, and CBP shall assess,                   separate rates, the cash deposit rate will            and Countervailing Duty Operations,
                                             antidumping duties on all appropriate                   continue to be the exporter-specific rate             performing the non-exclusive functions and
                                                                                                     published for the most recent period; (3)             duties of the Assistant Secretary for
                                             entries of subject merchandise in                                                                             Enforcement and Compliance.
                                             accordance with the final results of this               for all Vietnamese exporters of subject
                                             review. Commerce intends to issue                       merchandise which have not been                       Appendix
                                             appropriate assessment instructions                     found to be entitled to a separate rate,
                                                                                                                                                           List of Topics Discussed in the Final
                                             directly to CBP 15 days after publication               the cash deposit rate will be the                     Decision Memorandum
                                             of the final results of this administrative             Vietnam-wide rate of $2.39 per
                                                                                                                                                           Comment 1: Assignment of AFA Rate to
                                             review.                                                 kilogram; and (4) for all non-Vietnamese
                                                                                                                                                             GODACO
                                               For assessment purposes, we                           exporters of subject merchandise which                Comment 2: Assignment of GODACO’s Rate
                                             calculated importer (or customer)-                      have not received their own rate, the                   to the Separate Rate Respondents
                                             specific assessment rates for                           cash deposit rate will be the rate                    Comment 3: Assignment of AFA Rate to
                                             merchandise subject to this review. We                  applicable to the Vietnamese exporters                  Hoang Long and CADOVIMEX II
                                             will continue to direct CBP to assess                   that supplied that non-Vietnamese                     Comment 4: Whether to Rescind the Review
                                             importer-specific assessment rates based                exporter. The deposit requirements,                     with Respect to Golden Quality
                                             on the resulting per-unit (i.e., per                    when imposed, shall remain in effect                  Comment 5: Golden Quality’s Reporting of
                                             kilogram) rates by the weight in                        until further notice.                                   CONNUM-Specific FOPs
                                                                                                                                                           Comment 6: Application of Adverse Facts
                                             kilograms of each entry of the subject
                                                                                                     Notification to Importers Regarding the                 Available to Golden Quality
                                             merchandise during the POR.                                                                                   Comment 7: Preliminary Results Posting
                                             Specifically, we calculated importer                    Reimbursement of Duties
                                                                                                                                                             Errors
                                             specific duty assessment rates on a per-                  This notice also serves as a final                  Comment 8: CBP Instructions
                                             unit rate basis by dividing the total                   reminder to importers of their                        [FR Doc. 2018–05935 Filed 3–22–18; 8:45 am]
                                             dumping margins (calculated as the                      responsibility under 19 CFR 351.402(f)                BILLING CODE 3510–DS–P
                                             difference between normal value and                     to file a certificate regarding the
                                             export price, or constructed export                     reimbursement of antidumping duties
                                             price) for each importer by the total                   prior to liquidation of the relevant
                                             sales quantity of subject merchandise                                                                         COMMITTEE FOR PURCHASE FROM
                                                                                                     entries during this POR. Failure to                   PEOPLE WHO ARE BLIND OR
                                             sold to that importer during the POR. If                comply with this requirement could
                                             an importer (or customer)-specific                                                                            SEVERELY DISABLED
                                                                                                     result in Commerce’s presumption that
                                             assessment rate is de minimis (i.e., less               reimbursement of antidumping duties
                                             than 0.50 percent), Commerce will                                                                             Procurement List; Proposed Deletions
                                                                                                     occurred and the subsequent assessment
                                             instruct CBP to assess that importer (or                of doubled antidumping duties. As                     AGENCY:  Committee for Purchase From
                                             customer’s) entries of subject                          noted above, and described in detail in               People Who Are Blind or Severely
                                             merchandise without regard to                           the Issues and Decision Memorandum,                   Disabled.
                                             antidumping duties, in accordance with                  Commerce has determined as adverse                    ACTION: Proposed Deletions from the
                                             19 CFR 351.106(c)(2).                                   facts available, pursuant to sections                 Procurement List.
                                               Commerce determines that the No
                                                                                                     776(a) and (b) of the Act, that
                                             Shipment Companies did not have any                                                                           SUMMARY:   This action deletes products
                                                                                                     Cadovimex II and Hoang Long had their
                                             reviewable transactions during the POR.                                                                       from the Procurement List previously
                                                                                                     antidumping duties reimbursed during
                                             As a result, any suspended entries that                                                                       furnished by nonprofit agencies
                                                                                                     the POR.
                                             entered under these exporters’ case                                                                           employing persons who are blind or
                                             numbers (i.e., at each exporter’s rate)                 Notification Regarding Administrative                 have other severe disabilities.
                                             will be liquidated at the Vietnam-wide                  Protective Order                                      DATES: Comments must be received on
                                             rate.9
                                                                                                       This notice also serves as a reminder               or before: April 22, 2018.
                                             Cash Deposit Requirements                               to parties subject to administrative                  ADDRESSES: Committee for Purchase
                                                The following cash deposit                           protective order (APO) of their                       From People Who Are Blind or Severely
                                             requirements will be effective upon                     responsibility concerning the return or               Disabled, 1401 S. Clark Street, Suite
                                             publication of the final results of this                destruction of proprietary information                715, Arlington, Virginia, 22202–4149.
                                             administrative review for all shipments                 disclosed under APO in accordance                     FOR FURTHER INFORMATION CONTACT: For
                                             of the subject merchandise entered, or                  with 19 CFR 351.305, which continues                  further information or to submit
                                             withdrawn from warehouse, for                           to govern business proprietary                        comments contact: Amy B. Jensen,
                                             consumption on or after the publication                 information in this segment of the                    Telephone: (703) 603–7740, Fax: (703)
                                             date, as provided for by section                        proceeding. Timely written notification               603–0655, or email CMTEFedReg@
                                             751(a)(2)(C) of the Act: (1) For the                    of the return or destruction of APO                   AbilityOne.gov.
                                             exporters listed above, the cash deposit                materials, or conversion to judicial                  SUPPLEMENTARY INFORMATION:    This
                                             rate will be the rate established in the                protective order, is hereby requested.                notice is published pursuant to 41
                                             final results of review (except, if the rate            Failure to comply with the regulations                U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
                                             is zero or de minimis, i.e., less than 0.5              and terms of an APO is a violation
amozie on DSK30RV082PROD with NOTICES




                                                                                                                                                           purpose is to provide interested persons
                                             percent, a zero cash deposit rate will be               which is subject to sanction.                         an opportunity to submit comments on
                                             required for that company); (2) for                       We are issuing and publishing these                 the proposed actions.
                                                                                                     administrative reviews and notice in
                                               9 See Non-Market Economy Antidumping
                                                                                                     accordance with sections 751(a)(l) and                Deletions
                                             Proceedings: Assessment of Antidumping Duties, 76
                                             FR 65694 (October 24, 2011); see also Preliminary       777(i) of the Act and 19 CFR                            The following products are proposed
                                             Decision Memo at 4–5.                                   351.221(b)(5).                                        for deletion from the Procurement List:


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Document Created: 2018-11-01 08:53:35
Document Modified: 2018-11-01 08:53:35
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
DatesApplicable March 23, 2018.
ContactJavier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202-482-2243.
FR Citation83 FR 12717 

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