83_FR_37023 83 FR 36876 - 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

83 FR 36876 - 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 83, Issue 147 (July 31, 2018)

Page Range36876-36878
FR Document2018-16338

On May 24, 2018, the United States Court of International Trade (Court) issued final judgments in Vinh Hoan Corporation et al. v. United States, Consol. Court No. 13-00156, sustaining the Department of Commerce's (Commerce) remand results for the eighth 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, 2010, through July 31, 2011. Commerce is notifying the public that the Court's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to certain exporters.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36876-36878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16338]


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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 May 24, 2018, the United States Court of International 
Trade (Court) issued final judgments in Vinh Hoan Corporation et al. v. 
United States, Consol. Court No. 13-00156, sustaining the Department of 
Commerce's (Commerce) remand results for the eighth 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, 2010, through July 31, 2011. Commerce is 
notifying the public that the Court's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to certain 
exporters.

DATES: Applicable June 3, 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

    On March 21, 2013, Commerce issued its AR8 Final Results.\1\ On May 
20, 2013, Commerce issued its AR8 Amended Final Results.\2\ Vinh Hoan 
et

[[Page 36877]]

al.\3\ and the petitioners \4\ timely filed complaints with the Court 
and challenged certain aspects of the AR8 Amended Final Results. On 
February 19, 2015, the Court remanded Commerce's AR8 Amended Final 
Results.\5\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty Administrative Review 
and New Shipper Reviews; 2010-2011, 78 FR 17350 (March 21, 2013) 
(AR8 Final Results).
    \2\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 29323 (May 20, 2013) (AR8 Amended Final 
Results) and accompanying Ministerial Error Memorandum.
    \3\ These include Vinh Hoan, the Vietnam Association of Seafood 
Exporters and Producers, Binh An Seafood Joint Stock Company (Binh 
An), Anvifish and Vinh Quang Fisheries Corporation (Vinh Quang).
    \4\ 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, the 
petitioners).
    \5\ See Vinh Hoan Corporation et al. v. United States, Court No. 
13-00156, Slip Op. 15-16 (CIT February 19, 2015).
---------------------------------------------------------------------------

    In the first remand, in accordance with the Court's instructions, 
Commerce reconsidered its selection of the surrogate country, and the 
selection of certain surrogate values (SVs), i.e., whole live pangasius 
fish, surrogate financial statements, various by-products and several 
other SVs, as they relate to the selection of the surrogate country.\6\ 
Additionally, and in accordance with the Court's instructions, Commerce 
made changes to Vinh Hoan Corporation's \7\ (Vinh Hoan) margin 
calculation, specifically, by adjusting the denominators for Vinh 
Hoan's factors of production (FOPs) to exclude water weight, and 
adjusting the consignment expense for certain sales. Commerce made 
changes to the margin calculations of Vinh Hoan, Anvifish Joint Stock 
Company (Anvifish) and the separate rate respondents' margins to 
account for a small change in the whole live fish SV. Also, at 
Commerce's request, the Court granted Commerce a voluntary remand to 
reconsider the calculation of the cap applied to Vinh Hoan's fish oil 
by-product offset.
---------------------------------------------------------------------------

    \6\ See Final Results of Redetermination Pursuant to Vinh Hoan 
Corporation et al. v. United States, Consol. Court No. 13-00156, and 
Slip Op. 15-16, dated August 3, 2015 (First Remand Results).
    \7\ Vinh Hoan was one of two mandatory respondents selected by 
Commerce. Vinh Hoan includes Vinh Hoan Corporation and its 
affiliates Van Duc Food Export Joint Company and Van Duc Tien Giang 
(VDTG).
---------------------------------------------------------------------------

    On May 26, 2016, the Court remanded Commerce's First Remand 
Results.\8\ In the second remand, in accordance with the Court's 
instructions, Commerce reconsidered its selection of the sawdust and 
rice husk SVs, provided further explanation concerning the cap to the 
fish oil by-product offset, and discussed the use of the absolute value 
of by-products in the margin calculation.\9\ The Court upheld our 
findings on these issues, except one, the fish oil by-product 
offset.\10\
---------------------------------------------------------------------------

    \8\ See Vinh Hoan Corporation et al. v. United States, Court No. 
13-00156, Slip Op. 16-53 (CIT May 26, 2016).
    \9\ See Final Results of Redetermination Pursuant to Vinh Hoan 
Corporation et al. v. United States, Consol. Court No. 13-00156, 
Slip Op. 16-00053, dated May 26, 2016 (Second Remand Results).
    \10\ See Vinh Hoan Corporation et al. v. United States, Consol. 
Court No. 13-00156, Slip Op. 17-00081 (July 10, 2017) (Vinh Hoan).
---------------------------------------------------------------------------

    On July 10, 2017, the Court remanded Commerce's Second Remand 
Results.\11\ In the third remand, in accordance with the Court's 
instructions, Commerce provided further explanation with respect to the 
calculated fish oil by-product offset and its superiority with respect 
to the other fish oil SVs on the record.\12\ On September 22, 2017, 
Commerce filed the Third Remand Results with the Court. On May 24, 
2018, the Court upheld the Third Remand Results.
---------------------------------------------------------------------------

    \11\ See Vinh Hoan Corporation et al. v. United States, Court 
No. 13-00156, Slip Op. 17-81 (CIT July 10, 2017).
    \12\ See Final Results of Redetermination Pursuant To Court 
Remand, Consol. Court No. 13-00156, Slip Op. 15-16 (CIT February 19, 
2015), dated September 22, 2017, (Third Remand Results).
---------------------------------------------------------------------------

    As a result of the AR8 Remand Results,\13\ there are calculation 
changes. After accounting for all such changes and issues in the AR8 
Remand Results, the resulting antidumping margin for Vinh Hoan is $0.13 
per kilogram and $2.39 per kilogram for Anvifish. Because Vinh Hoan's 
and Anvifish's margins changed, their weighted average also becomes the 
margin ($1.28 per kilogram) for those companies not individually 
examined but receiving a separate rate. On May 24, 2018, the Court 
sustained the AR8 Remand Results.\14\
---------------------------------------------------------------------------

    \13\ See First Remand Results, Second Remand Results, and Third 
Remand Results (collectively AR8 Remand Results).
    \14\ See Vinh Hoan Corporation et a. v. United States, Court No. 
13-00156, Slip Op. 18-59 (CIT May 24, 2018).
---------------------------------------------------------------------------

    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), Commerce is notifying the public that the final judgment in 
this case is not in harmony with Commerce's final results of the 
antidumping duty administrative review of the antidumping duty order on 
fish fillets from Vietnam covering the POR. Thus, Commerce is amending 
the AR8 Amended Final Results with respect to the weighted-average 
dumping margins for Vinh Hoan, Anvifish and the separate rate 
respondents.\15\
---------------------------------------------------------------------------

    \15\ These include: An Giang Agriculture and Food Import-Export 
Joint Stock Company; Asia Commerce Fisheries Joint Stock Company; 
Binh An Seafood Joint Stock Company; Cadovimex II Seafood Import-
Export and Processing Joint Stock Company; Hiep Thanh Seafood Joint 
Stock Company; Hung Vuong Corporation; Nam Viet Corporation; NTSF 
Seafoods Joint Stock Company; QVD Food Company Ltd.; Saigon Mekong 
Fishery Co., Ltd.; Southern Fisheries Industries Company Ltd.; and 
Vinh Quang Fisheries Corporation (collectively, separate rate 
respondents).
---------------------------------------------------------------------------

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 (Act), Commerce must publish a notice of 
a court decision that is not ``in harmony'' with a Commerce 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The Court's May 24, 2018, judgment 
sustaining the AR8 Remand constitutes a final decision of the Court 
that is not in harmony with Commerce's AR8 Amended 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, Commerce is amending 
the AR8 Amended Final Results with respect to Vinh Hoan, Anvifish and 
the separate rate respondents. The revised weighted-average dumping 
margins for these exporters during the period August 1, 2010, through 
July 31, 2011, are as follows:

[[Page 36878]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \16\..............................            0.13
Anvifish Joint Stock Company \17\.......................            2.39
An Giang Agriculture and Food Import-Export Joint Stock             1.28
 Company................................................
Asia Commerce Fisheries Joint Stock Company.............            1.28
Binh An Seafood Joint Stock Company.....................            1.28
Cadovimex II Seafood Import-Export and Processing Joint             1.28
 Stock Company..........................................
Hiep Thanh Seafood Joint Stock Company..................            1.28
Hung Vuong Corporation..................................            1.28
Nam Viet Corporation....................................            1.28
NTSF Seafoods Joint Stock Company.......................            1.28
QVD Food Company Ltd \18\...............................            1.28
Saigon Mekong Fishery Co., Ltd..........................            1.28
Southern Fisheries Industries Company Ltd...............            1.28
Vinh Quang Fisheries Corporation........................            1.28
------------------------------------------------------------------------

    Accordingly, Commerce 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, Commerce will instruct U.S. Customs and Border Protection 
to assess antidumping duties on unliquidated entries of subject 
merchandise exported by the companies mentioned above using the 
assessment rate calculated by Commerce in the AR8 Remand Results and 
listed above.
---------------------------------------------------------------------------

    \16\ This rate is applicable to the Vinh Hoan Group which 
includes: Vinh Hoan, Van Duc, and VDTG.
    \17\ Includes the trade name Anvifish Co., Ltd.
    \18\ 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, Commerce 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, Commerce 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 June 
3, 2018.

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: July 20, 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.
[FR Doc. 2018-16338 Filed 7-30-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               36876                           Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices

                                               destruction of proprietary information                   Commerce to issue the preliminary                       Dated: July 25, 2018.
                                               disclosed under APO in accordance                        determination in a LTFV investigation                 Gary Taverman,
                                               with 19 CFR 351.305. Timely written                      within 140 days after the date on which               Deputy Assistant Secretary for Antidumping
                                               notification of the return/destruction of                Commerce initiated the investigation.                 and Countervailing Duty Operations,
                                               APO materials or conversion to judicial                  However, section 733(c)(1)(A)(b)(1) of                performing the non-exclusive functions and
                                               protective order is hereby requested.                    the Act permits Commerce to postpone                  duties of the Assistant Secretary for
                                               Failure to comply with the regulations                   the preliminary determination until no                Enforcement and Compliance.
                                               and terms of an APO is a violation                       later than 190 days after the date on                 [FR Doc. 2018–16334 Filed 7–30–18; 8:45 am]
                                               which is subject to sanction.                            which Commerce initiated the                          BILLING CODE 3510–DS–P
                                                 This notice is issued and published in                 investigation if: (A) The petitioner
                                               accordance with sections 751(a) and                      makes a timely request for a
                                               777(i)(1) of the Act and 19 CFR                          postponement; or (B) Commerce                         DEPARTMENT OF COMMERCE
                                               351.213(d)(4).                                           concludes that the parties concerned are
                                                                                                                                                              International Trade Administration
                                                 Dated: July 25, 2018.                                  cooperating, that the investigation is
                                               James Maeder,                                            extraordinarily complicated, and that                 [A–552–801]
                                               Associate Deputy Assistant Secretary for
                                                                                                        additional time is necessary to make a
                                                                                                        preliminary determination. Under 19                   Certain Frozen Fish Fillets From the
                                               Antidumping and Countervailing Duty
                                                                                                        CFR 351.205(e), the petitioner must                   Socialist Republic of Vietnam: Notice
                                               Operations performing the duties of Deputy
                                               Assistant Secretary for Antidumping and                  submit a request for postponement 25                  of Court Decisions Not in Harmony
                                               Countervailing Duty Operations.                          days or more before the scheduled date                With Final Results of Administrative
                                               [FR Doc. 2018–16341 Filed 7–30–18; 8:45 am]              of the preliminary determination and                  Review and Notice of Amended Final
                                                                                                        must state the reasons for the request.               Results of Antidumping Duty
                                               BILLING CODE 3510–DS–P
                                                                                                        Commerce will grant the request unless                Administrative Review
                                                                                                        it finds compelling reasons to deny the               AGENCY:   Enforcement and Compliance,
                                               DEPARTMENT OF COMMERCE                                   request.                                              International Trade Administration,
                                                                                                           On July 17, 2018, the petitioners 2                Department of Commerce.
                                               International Trade Administration                       submitted a timely request that                       SUMMARY: On May 24, 2018, the United
                                               [A–552–823]                                              Commerce postpone the preliminary                     States Court of International Trade
                                                                                                        determination in the LTFV                             (Court) issued final judgments in Vinh
                                               Laminated Woven Sacks From the                           investigation.3 The petitioners stated                Hoan Corporation et al. v. United
                                               Socialist Republic of Vietnam:                           that they request postponement                        States, Consol. Court No. 13–00156,
                                               Postponement of Preliminary                              ‘‘because the initial questionnaire                   sustaining the Department of
                                               Determination in the Less-Than-Fair-                     responses submitted by the respondents                Commerce’s (Commerce) remand results
                                               Value Investigation                                      in this investigation are substantially               for the eighth administrative review of
                                               AGENCY:  Enforcement and Compliance,                     deficient, and it may not be possible for             the antidumping duty order on certain
                                               International Trade Administration,                      {Commerce} to obtain usable corrected                 frozen fish fillets from the Socialist
                                               Department of Commerce.                                  responses within the current                          Republic of Vietnam (Vietnam) covering
                                                                                                        schedule.’’ 4                                         the period of review (POR) August 1,
                                               DATES: Applicable July 31, 2018.
                                                                                                           For the reasons stated above, and                  2010, through July 31, 2011. Commerce
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                        because there are no compelling reasons               is notifying the public that the Court’s
                                               Drew Jackson or Celeste Chen, AD/CVD                                                                           final judgment is not in harmony with
                                               Operations, Office IV, Enforcement and                   to deny the request, Commerce, in
                                                                                                        accordance with section 733(c)(1)(A) of               Commerce’s final results of the
                                               Compliance, International Trade                                                                                administrative review, and that
                                               Administration, U.S. Department of                       the Act, is postponing the deadline for
                                                                                                        the preliminary determination by 50                   Commerce is amending the final results
                                               Commerce, 1401 Constitution Avenue                                                                             with respect to certain exporters.
                                               NW, Washington, DC 20230; telephone:                     days (i.e., 190 days after the date on
                                                                                                        which this investigations was initiated).             DATES: Applicable June 3, 2018.
                                               (202) 482–4406 or (202) 482–0890,
                                               respectively.                                            As a result, Commerce will issue its                  FOR FURTHER INFORMATION CONTACT:
                                                                                                        preliminary determination no later than               Javier Barrientos, AD/CVD Operations
                                               SUPPLEMENTARY INFORMATION:                               October 3, 2018. In accordance with                   Office V, Enforcement and Compliance,
                                               Background                                               section 735(a)(1) of the Act and 19 CFR               International Trade Administration,
                                                                                                        351.210(b)(1), the deadline for the final             U.S. Department of Commerce, 1401
                                                  On March 27, 2018, the Department of                  determination of this investigation will
                                               Commerce (Commerce) initiated a less-                                                                          Constitution Avenue NW, Washington,
                                                                                                        continue to be 75 days after the date of              DC 20230; telephone: (202) 482–2243.
                                               than-fair-value (LTFV) investigation of                  the preliminary determination, unless
                                               imports of laminated woven sacks                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                        postponed at a later date.
                                               (LWS) from the Socialist Republic of                                                                           Background
                                               Vietnam (Vietnam).1 Currently, the                          This notice is issued and published
                                               preliminary determination is due no                      pursuant to section 733(c)(2) of the Act                 On March 21, 2013, Commerce issued
                                               later than August 14, 2018.                              and 19 CFR 351.205(f)(1).                             its AR8 Final Results.1 On May 20,
                                                                                                                                                              2013, Commerce issued its AR8
                                               Postponement of Preliminary                                2 The petitioners are the Laminated Woven Sacks     Amended Final Results.2 Vinh Hoan et
                                               Determination
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        Fair Trade Coalition and its individual members,
                                                                                                        Polytex Fibers Corporation and ProAmpac Holdings        1 See Certain Frozen Fish Fillets from the Socialist
                                                 Section 733(b)(1)(A) of the Tariff Act                 Inc.                                                  Republic of Vietnam: Final Results of Antidumping
                                               of 1930, as amended (the Act), requires                    3 See Petitioners’ Letter, ‘‘Investigation of       Duty Administrative Review and New Shipper
                                                                                                        Laminated Woven Sacks From the Socialist              Reviews; 2010–2011, 78 FR 17350 (March 21, 2013)
                                                  1 See Laminated Woven Sacks From the Socialist        Republic of Vietnam: Petitioners’ Request For         (AR8 Final Results).
                                               Republic of Vietnam: Initiation of Less-Than-Fair-       Postponement Of The Preliminary Determination,’’        2 See Certain Frozen Fish Fillets from the Socialist

                                               Value Investigation, 83 FR 14257 (April 3, 2018)         dated July 17, 2018.                                  Republic of Vietnam: Amended Final Results of
                                               (Initiation Notice).                                       4 Id.                                               Antidumping Duty Administrative Review; 2010–



                                          VerDate Sep<11>2014   18:30 Jul 30, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\31JYN1.SGM   31JYN1


                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                                   36877

                                               al.3 and the petitioners 4 timely filed                     On May 26, 2016, the Court remanded                     Consistent with the decision of the
                                               complaints with the Court and                            Commerce’s First Remand Results.8 In                    United States Court of Appeals for the
                                               challenged certain aspects of the AR8                    the second remand, in accordance with                   Federal Circuit (CAFC) in Timken Co. v.
                                               Amended Final Results. On February                       the Court’s instructions, Commerce                      United States, 893 F.2d 337 (Fed. Cir.
                                               19, 2015, the Court remanded                             reconsidered its selection of the sawdust               1990) (Timken), as clarified by Diamond
                                               Commerce’s AR8 Amended Final                             and rice husk SVs, provided further                     Sawblades Mfrs. Coalition v. United
                                               Results.5                                                explanation concerning the cap to the                   States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                        fish oil by-product offset, and discussed               (Diamond Sawblades), Commerce is
                                                  In the first remand, in accordance                    the use of the absolute value of by-                    notifying the public that the final
                                               with the Court’s instructions, Commerce                  products in the margin calculation.9 The                judgment in this case is not in harmony
                                               reconsidered its selection of the                        Court upheld our findings on these                      with Commerce’s final results of the
                                               surrogate country, and the selection of                  issues, except one, the fish oil by-                    antidumping duty administrative review
                                               certain surrogate values (SVs), i.e.,                    product offset.10                                       of the antidumping duty order on fish
                                               whole live pangasius fish, surrogate                        On July 10, 2017, the Court remanded                 fillets from Vietnam covering the POR.
                                               financial statements, various by-                        Commerce’s Second Remand Results.11                     Thus, Commerce is amending the AR8
                                               products and several other SVs, as they                  In the third remand, in accordance with                 Amended Final Results with respect to
                                               relate to the selection of the surrogate                 the Court’s instructions, Commerce                      the weighted-average dumping margins
                                               country.6 Additionally, and in                           provided further explanation with                       for Vinh Hoan, Anvifish and the
                                               accordance with the Court’s                              respect to the calculated fish oil by-                  separate rate respondents.15
                                               instructions, Commerce made changes                      product offset and its superiority with
                                                                                                        respect to the other fish oil SVs on the                Timken Notice
                                               to Vinh Hoan Corporation’s 7 (Vinh
                                               Hoan) margin calculation, specifically,                  record.12 On September 22, 2017,
                                                                                                                                                                   In its decision in Timken, 893 F.2d at
                                               by adjusting the denominators for Vinh                   Commerce filed the Third Remand
                                                                                                                                                                341, as clarified by Diamond Sawblades,
                                               Hoan’s factors of production (FOPs) to                   Results with the Court. On May 24,
                                                                                                        2018, the Court upheld the Third                        the CAFC held that, pursuant to section
                                               exclude water weight, and adjusting the                                                                          516A(e) of the Tariff Act of 1930, as
                                                                                                        Remand Results.
                                               consignment expense for certain sales.                                                                           amended (Act), Commerce must publish
                                                                                                           As a result of the AR8 Remand
                                               Commerce made changes to the margin                      Results,13 there are calculation changes.               a notice of a court decision that is not
                                               calculations of Vinh Hoan, Anvifish                      After accounting for all such changes                   ‘‘in harmony’’ with a Commerce
                                               Joint Stock Company (Anvifish) and the                   and issues in the AR8 Remand Results,                   determination and must suspend
                                               separate rate respondents’ margins to                    the resulting antidumping margin for                    liquidation of entries pending a
                                               account for a small change in the whole                  Vinh Hoan is $0.13 per kilogram and                     ‘‘conclusive’’ court decision. The
                                               live fish SV. Also, at Commerce’s                        $2.39 per kilogram for Anvifish.                        Court’s May 24, 2018, judgment
                                               request, the Court granted Commerce a                    Because Vinh Hoan’s and Anvifish’s                      sustaining the AR8 Remand constitutes
                                               voluntary remand to reconsider the                       margins changed, their weighted                         a final decision of the Court that is not
                                               calculation of the cap applied to Vinh                   average also becomes the margin ($1.28                  in harmony with Commerce’s AR8
                                               Hoan’s fish oil by-product offset.                       per kilogram) for those companies not                   Amended Final Results. This notice is
                                                                                                        individually examined but receiving a                   published in fulfillment of the
                                               2011, 78 FR 29323 (May 20, 2013) (AR8 Amended            separate rate. On May 24, 2018, the                     publication requirement of Timken.
                                               Final Results) and accompanying Ministerial Error        Court sustained the AR8 Remand                          Amended Final Results
                                               Memorandum.                                              Results.14
                                                 3 These include Vinh Hoan, the Vietnam
                                                                                                                                                                  Because there is now a final court
                                               Association of Seafood Exporters and Producers,               8 See
                                                                                                                Vinh Hoan Corporation et al. v. United
                                               Binh An Seafood Joint Stock Company (Binh An),
                                                                                                                                                                decision, Commerce is amending the
                                                                                                        States, Court No. 13–00156, Slip Op. 16–53 (CIT
                                               Anvifish and Vinh Quang Fisheries Corporation                                                                    AR8 Amended Final Results with
                                                                                                        May 26, 2016).
                                               (Vinh Quang).                                              9 See Final Results of Redetermination Pursuant       respect to Vinh Hoan, Anvifish and the
                                                 4 Catfish Farmers of America and the following
                                                                                                        to Vinh Hoan Corporation et al. v. United States,       separate rate respondents. The revised
                                               individual U.S. catfish processors: America’s Catch,     Consol. Court No. 13–00156, Slip Op. 16–00053,          weighted-average dumping margins for
                                               Consolidated Catfish Companies, LLC dba Country          dated May 26, 2016 (Second Remand Results).             these exporters during the period
                                               Select Catfish, Delta Pride Catfish, Inc., Harvest         10 See Vinh Hoan Corporation et al. v. United
                                               Select Catfish, Inc., Heartland Catfish Company,                                                                 August 1, 2010, through July 31, 2011,
                                                                                                        States, Consol. Court No. 13–00156, Slip Op. 17–
                                               Pride of the Pond, and Simmons Farm Raised               00081 (July 10, 2017) (Vinh Hoan).                      are as follows:
                                               Catfish, Inc. (collectively, the petitioners).             11 See Vinh Hoan Corporation et al. v. United
                                                 5 See Vinh Hoan Corporation et al. v. United                                                                     15 These include: An Giang Agriculture and Food
                                                                                                        States, Court No. 13–00156, Slip Op. 17–81 (CIT
                                               States, Court No. 13–00156, Slip Op. 15–16 (CIT          July 10, 2017).                                         Import-Export Joint Stock Company; Asia
                                               February 19, 2015).                                        12 See Final Results of Redetermination Pursuant      Commerce Fisheries Joint Stock Company; Binh An
                                                 6 See Final Results of Redetermination Pursuant
                                                                                                        To Court Remand, Consol. Court No. 13–00156, Slip       Seafood Joint Stock Company; Cadovimex II
                                               to Vinh Hoan Corporation et al. v. United States,        Op. 15–16 (CIT February 19, 2015), dated                Seafood Import-Export and Processing Joint Stock
                                               Consol. Court No. 13–00156, and Slip Op. 15–16,          September 22, 2017, (Third Remand Results).             Company; Hiep Thanh Seafood Joint Stock
                                               dated August 3, 2015 (First Remand Results).               13 See First Remand Results, Second Remand            Company; Hung Vuong Corporation; Nam Viet
                                                 7 Vinh Hoan was one of two mandatory                   Results, and Third Remand Results (collectively         Corporation; NTSF Seafoods Joint Stock Company;
                                               respondents selected by Commerce. Vinh Hoan              AR8 Remand Results).                                    QVD Food Company Ltd.; Saigon Mekong Fishery
                                               includes Vinh Hoan Corporation and its affiliates          14 See Vinh Hoan Corporation et a. v. United          Co., Ltd.; Southern Fisheries Industries Company
                                               Van Duc Food Export Joint Company and Van Duc            States, Court No. 13–00156, Slip Op. 18–59 (CIT         Ltd.; and Vinh Quang Fisheries Corporation
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                                               Tien Giang (VDTG).                                       May 24, 2018).                                          (collectively, separate rate respondents).




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                                               36878                                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices

                                                                                                                                                                                                                                                  Weighted-
                                                                                                                                                                                                                                                   average
                                                                                                                                                                                                                                                  dumping
                                                                                                                                        Exporter                                                                                                   margin
                                                                                                                                                                                                                                                 (dollars per
                                                                                                                                                                                                                                                  kilogram)

                                               Vinh Hoan Corporation 16 ....................................................................................................................................................................              0.13
                                               Anvifish Joint Stock Company 17 .........................................................................................................................................................                  2.39
                                               An Giang Agriculture and Food Import-Export Joint Stock Company ................................................................................................                                           1.28
                                               Asia Commerce Fisheries Joint Stock Company ................................................................................................................................                               1.28
                                               Binh An Seafood Joint Stock Company ..............................................................................................................................................                         1.28
                                               Cadovimex II Seafood Import-Export and Processing Joint Stock Company ....................................................................................                                                 1.28
                                               Hiep Thanh Seafood Joint Stock Company ........................................................................................................................................                            1.28
                                               Hung Vuong Corporation .....................................................................................................................................................................               1.28
                                               Nam Viet Corporation ..........................................................................................................................................................................            1.28
                                               NTSF Seafoods Joint Stock Company ................................................................................................................................................                         1.28
                                               QVD Food Company Ltd 18 .................................................................................................................................................................                  1.28
                                               Saigon Mekong Fishery Co., Ltd .........................................................................................................................................................                   1.28
                                               Southern Fisheries Industries Company Ltd .......................................................................................................................................                          1.28
                                               Vinh Quang Fisheries Corporation ......................................................................................................................................................                    1.28



                                                 Accordingly, Commerce will continue                                    Notification to Interested Parties                                        SUPPLEMENTARY INFORMATION:
                                               the suspension of liquidation of the                                       This notice is issued and published in                                  Background
                                               subject merchandise pending the                                          accordance with sections 516A(e),
                                               expiration of the period of appeal or, if                                                                                                            On March 5, 2018, Commerce
                                                                                                                        751(a)(1), and 777(i)(1) of the Act.                                      published a notice of opportunity to
                                               appealed, pending a final and
                                                                                                                          Dated: July 20, 2018.                                                   request an administrative review of the
                                               conclusive court decision. In the event
                                               the Court’s ruling is not appealed or, if                                Gary Taverman,                                                            antidumping duty order on glycine from
                                               appealed, upheld by the CAFC,                                            Deputy Assistant Secretary for Antidumping                                China in the Federal Register. The
                                                                                                                        and Countervailing Duty Operations                                        period of review covers March 1, 2017,
                                               Commerce will instruct U.S. Customs
                                                                                                                        performing the non-exclusive functions and                                through February 28, 2018.1 On March
                                               and Border Protection to assess                                          duties of the Assistant Secretary for                                     30, 2018, in accordance with section
                                               antidumping duties on unliquidated                                       Enforcement and Compliance.                                               751(a) of the Tariff Act of 1930, as
                                               entries of subject merchandise exported                                  [FR Doc. 2018–16338 Filed 7–30–18; 8:45 am]                               amended (the Act), and 19 CFR
                                               by the companies mentioned above                                         BILLING CODE 3510–DS–P                                                    351.213(b), Commerce received a timely
                                               using the assessment rate calculated by                                                                                                            request from GEO Specialty Chemicals,
                                               Commerce in the AR8 Remand Results                                                                                                                 Inc. (GEO), a domestic producer of
                                               and listed above.                                                        DEPARTMENT OF COMMERCE                                                    glycine, to conduct an administrative
                                               Cash Deposit Requirements                                                                                                                          review of the order with respect to
                                                                                                                        International Trade Administration                                        entries of subject merchandise made by
                                                  Unless the applicable cash deposit                                                                                                              Kumar Industries, Rudraa International,
                                                                                                                        [A–570–836]                                                               Salvi Chemical Industries, Avid
                                               rates have been superseded by cash
                                               deposit rates calculated in an                                                                                                                     Organics Pvt. Ltd., and Baoding
                                                                                                                        Glycine From the People’s Republic of
                                               intervening administrative review of the                                                                                                           Mantong Fine Chemistry Co., Ltd.2 On
                                                                                                                        China: Rescission of Antidumping
                                               AD order on frozen fish fillets from                                                                                                               May 2, 2018, pursuant to this request, in
                                                                                                                        Duty Administrative Review; 2017–
                                               Vietnam, Commerce will instruct U.S.                                                                                                               accordance with section 751(a) of the
                                                                                                                        2018
                                               Customs and Border Protection to                                                                                                                   Act and 19 CFR 351.221(c)(1)(i), we
                                               require a cash deposit for estimated AD                                  AGENCY:  Enforcement and Compliance,                                      initiated a review of those companies.3
                                               duties at the rate noted above for each                                  International Trade Administration,                                       On May 30, 2018, GEO filed a timely
                                               specified exporter and producer                                          Department of Commerce.                                                   withdrawal of its request of review for
                                               combination, for entries of subject                                      SUMMARY: The Department of Commerce                                       each of the five companies.4 No other
                                               merchandise, entered or withdrawn                                        (Commerce) is rescinding the                                              party requested an administrative
                                               from warehouse, for consumption, on or                                   administrative review of the                                              review of this order.
                                               after June 3, 2018.                                                      antidumping duty order on glycine from                                    Rescission of Review
                                                                                                                        the People’s Republic of China (China)                                      Pursuant to 19 CFR 351.213(d)(1), the
                                                  16 This rate is applicable to the Vinh Hoan Group                     for the period March 1, 2017, through                                     Secretary will rescind an administrative
                                               which includes: Vinh Hoan, Van Duc, and VDTG.                            February 28, 2018, based on the timely                                    review, in whole or in part, if the party
                                                  17 Includes the trade name Anvifish Co., Ltd.
                                                                                                                        withdrawal of the request for review.                                     that requested the review withdraws the
                                                  18 This rate is also applicable to QVD Dong Thap
                                                                                                                        DATES: Applicable July 31, 2018.
                                               Food Co., Ltd. (Dong Thap) and Thuan Hung Co.,
                                               Ltd. (THUFICO). In the second review of this order,                      FOR FURTHER INFORMATION CONTACT:                                            1 See Antidumping or Countervailing Duty Order,

                                               Commerce found QVD, Dong Thap and THUFICO                                Edythe Artman or John Drury, AD/CVD                                       Finding, or Suspended Investigation; Opportunity
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                                               to be a single entity, and because there has been no                                                                                               to Request Administrative Review, 83 FR 9284
                                               evidence submitted on the record of this review that
                                                                                                                        Operations, Office VI, Enforcement and                                    (March 5, 2018).
                                               calls this determination into question, we continue                      Compliance, International Trade                                             2 See GEO’s Request for Review, dated March 30,

                                               to find these companies to be part of a single entity.                   Administration, U.S. Department of                                        2018.
                                               Therefore, we will assign this rate to the companies                                                                                                 3 See Initiation of Antidumping and
                                                                                                                        Commerce, 1401 Constitution Avenue
                                               in the single entity. See Certain Frozen Fish Fillets                                                                                              Countervailing Duty Administrative Reviews, 83 FR
                                               from the Socialist Republic of Vietnam: Preliminary
                                                                                                                        NW, Washington, DC 20230; telephone:                                      19215 (May 2, 2018).
                                               Results of Antidumping Duty Administrative                               (202) 482–3931 or (202) 482–0195,                                           4 See Withdrawal of Request for Administrative

                                               Review, 71 FR 53387 (September 11, 2006).                                respectively.                                                             Review, dated May 30, 2018.



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Document Created: 2018-11-06 10:29:49
Document Modified: 2018-11-06 10:29:49
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 June 3, 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 36876 

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