83_FR_37026 83 FR 36879 - 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 36879 - 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 Range36879-36881
FR Document2018-16333

On May 24, 2018, the United States Court of International Trade (Court) issued final judgments in An Giang Fisheries Import and Export Joint Stock Company et al. v. United States, Consol. Court No. 14-00109, sustaining the Department of Commerce's (Commerce) remand results for the ninth 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, 2011, through July 31, 2012. 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 36879-36881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16333]


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

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 An Giang Fisheries Import and 
Export Joint Stock Company et al. v. United States, Consol. Court No. 
14-00109, sustaining the Department of Commerce's (Commerce) remand 
results for the ninth 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, 2011, 
through July 31, 2012. 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 April 7, 2014, Commerce issued its AR9 Final Results.\1\ On July 
2, 2014, Commerce issued its AR9 Amended Final Results.\2\ Agifish et 
al.\3\ and the petitioners \4\ timely filed complaints with the Court 
and challenged certain aspects of the AR9 Amended Final Results. On 
June 7, 2015, the Court remanded Commerce's AR9 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 Review; 2011-2012, 79 FR 19053 (April 7, 2014) (AR9 
Final Results).
    \2\ See Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 79 FR 37714 (July 2, 2014) (AR9 Amended Final 
Results) and accompanying Ministerial Error Memorandum.
    \3\ These include An Giang Fisheries Import and Export Joint 
Stock Company, Asia Commerce Fisheries Joint Stock Company, Cuu Long 
Fish Joint Stock Company, Hiep Thanh Seafood Joint Stock Company, 
International Development and Investment Corporation, NTSF Seafoods 
Joint Stock Company, QVD Food Company Ltd., Southern Fishery 
Industries Company, Ltd., and Vinh Hoan Corporation (collectively 
Agifish et al.).
    \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 An Giang Fisheries Import and Export Joint Stock Company 
et al. v. United States, Court No. 14-00109, Slip Op. 16-55 (CIT 
June 7, 2016).
---------------------------------------------------------------------------

    In the first remand, in accordance with the Court's instructions, 
Commerce reconsidered its selection of the surrogate value (SV) for 
rice husk and provided further explanation concerning the cap to the 
fish oil by-product offset in Vinh Hoan Corporation's \6\ margin 
calculation.\7\ Additionally, and in accordance with the Court's 
instructions, Commerce made changes to Vinh Hoan's margin calculation, 
specifically, by adjusting the denominators for Vinh Hoan's factors of 
production (FOPs) to exclude water weight, and subsequently 
recalculating Vinh Hoan's net U.S. price of sales for subject 
merchandise on a net weight basis exclusive of water weight.\8\ The 
Court upheld our findings on all but one of these issues, i.e., the 
fish oil by-product offset.\9\
---------------------------------------------------------------------------

    \6\ 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).
    \7\ See Final Results of Redetermination Pursuant to An Giang 
Fisheries Import and Export Joint Stock Company et al. v. United 
States, Consol. Court No. 14-00109, and Slip Op. 16-55, dated 
February 9, 2017 (First Remand Results).
    \8\ Id.
    \9\ See An Giang Fisheries Import and Export Joint Stock Company 
et al. v. United States, Consol. Court No. 14-00109, Slip Op. 17-
00082 (July 10, 2017) (An Giang Fisheries).
---------------------------------------------------------------------------

    On July 10, 2017, the Court remanded Commerce's First Remand 
Results.\10\ In the second remand, in accordance with the Court's 
instructions, Commerce provided further explanation with respect to the 
calculated fish oil by-

[[Page 36880]]

product offset and its superiority as compared to the other fish oil 
SVs on the record.\11\ On September 22, 2017, Commerce filed the Second 
Remand Results with the Court.
---------------------------------------------------------------------------

    \10\ See Vinh Hoan Corporation et al. v. United States, Court 
No. 14-00109, Slip Op. 17-82 (CIT July 10, 2017).
    \11\ See Final Results of Redetermination Pursuant To Court 
Remand, Consol. Court No. 14-00109, Slip Op. 17-00082 (CIT July 10, 
2017), dated September 22, 2017, (Second Remand Results).
---------------------------------------------------------------------------

    As a result of the AR9 Remand Results,\12\ there are calculation 
changes. After accounting for all such changes and issues in the AR9 
Remand Results, the resulting antidumping duty margin for Vinh Hoan is 
de minimis. Because Vinh Hoan's margin is now de minimis, Agifish's 
margin (unchanged) becomes the margin ($1.20 per kilogram) for those 
companies not individually examined but receiving a separate rate. On 
May 24, 2018, the Court sustained the AR9 Remand Results.\13\
---------------------------------------------------------------------------

    \12\ See First Remand Results and Second Remand Results 
(collectively, AR9 Remand Results).
    \13\ See An Giang Fisheries Import and Export Joint Stock 
Company et al. v. United States, Consol. Court No. 14-109, Slip Op. 
18-60 (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 cases 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 AR9 Amended Final Results with respect to the weighted-average 
dumping margins for Vinh Hoan, and the separate rate respondents.\14\
---------------------------------------------------------------------------

    \14\ These include: An My Fish Joint Stock Company; Anvifish 
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; Cantho Import-Export 
Seafood Joint Stock Company; Cuu Long Fish Import-Export 
Corporation; Cuu Long Fish Joint Stock Company; East Sea Seafoods 
Limited Liability Company; Green Farms Seafood Joint Stock Company; 
Hiep Thanh Seafood Joint Stock Company; Hoa Phat Seafood Import-
Export and Processing JSC; International Development & Investment 
Corporation; NTSF Seafoods Joint Stock Company; QVD Food Company 
Ltd.; Saigon Mekong Fishery Co., Ltd.; Seafood Joint Stock Company 
No.4 Branch Dongtam Fisheries Processing Company; Southern Fisheries 
Industries Company Ltd.; Sunrise Corporation; Thien Ma Seafood Co., 
Ltd.; To Chau Joint Stock Company; Viet Phu Food & Fish Corporation; 
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 AR9 Remand constitutes a final decision of the Court 
that is not in harmony with Commerce's AR9 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 AR9 Amended Final Results with respect to Vinh Hoan, and the 
separate rate respondents. The revised weighted-average dumping margins 
for these exporters during the period August 1, 2011, through July 31, 
2012, are as follows:

------------------------------------------------------------------------
                                        Weighted-average dumping margin
            Exporter name                   (dollars per kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \15\..........                                0.00
Hung Vuong Group \16\...............                                1.20
An My Fish Joint Stock Company......                                1.20
Anvifish Joint Stock Company \17\...                                1.20
Asia Commerce Fisheries Joint Stock                                 1.20
 Company............................
Binh An Seafood Joint Stock Company.                                1.20
Cadovimex II Seafood Import-Export                                  1.20
 and Processing Joint Stock Company.
Cantho Import-Export Seafood Joint                                  1.20
 Stock Company......................
Cuu Long Fish Import-Export           ..................................
 Corporation \18\...................
Cuu Long Fish Joint Stock Company...                                1.20
East Sea Seafoods Limited Liability                                 1.20
 Company \19\.......................
Green Farms Seafood Joint Stock                                     1.20
 Company............................
Hiep Thanh Seafood Joint Stock                                      1.20
 Company............................
Hoa Phat Seafood Import-Export and                                  1.20
 Processing JSC.....................
International Development &                                         1.20
 Investment Corporation.............
NTSF Seafoods Joint Stock Company...                                1.20
QVD Food Company Ltd.\20\...........                                1.20
Saigon Mekong Fishery Co., Ltd......                                1.20
Seafood Joint Stock Company No.4                                    1.20
 Branch Dongtam Fisheries Processing
 Company............................
Southern Fisheries Industries                                       1.20
 Company Ltd........................
Sunrise Corporation.................                                1.20
Thien Ma Seafood Co., Ltd...........                                1.20
To Chau Joint Stock Company.........                                1.20
Viet Phu Food & Fish Corporation....                                1.20
Vinh Quang Fisheries Corporation....                                1.20
------------------------------------------------------------------------


[[Page 36881]]

    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 identified above using the 
assessment rate calculated by Commerce in the AR9 Remand Results and 
listed above.
---------------------------------------------------------------------------

    \15\ This rate is applicable to the Vinh Hoan Group which 
includes: Vinh Hoan, Van Duc, and VDTG.
    \16\ This rate is applicable to the Hung Vuong Group, which 
includes: An Giang Fisheries Import and Export Joint Stock Company, 
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung 
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung 
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
    \17\ Includes the trade name Anvifish Co., Ltd., and Anvifish 
JSC.
    \18\ Includes the trade name CL Panga Fish.
    \19\ Includes the trade names East Sea Seafoods LLC and ESS.
    \20\ 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 25, 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. 2018-16333 Filed 7-30-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                                      36879

                                               request within 90 days of the date of                      Dated: July 23, 2018.                                  Final Results.2 Agifish et al.3 and the
                                               publication of the notice of initiation of               James Maeder,                                            petitioners 4 timely filed complaints
                                               the requested review. As noted above,                    Associate Deputy Assistant Secretary for                 with the Court and challenged certain
                                               GEO withdrew its request for review by                   Antidumping and Countervailing Duty                      aspects of the AR9 Amended Final
                                               the 90-day deadline and no other party                   Operations, performing the duties of Deputy              Results. On June 7, 2015, the Court
                                                                                                        Assistant Secretary for Antidumping and                  remanded Commerce’s AR9 Amended
                                               requested an administrative review of
                                                                                                        Countervailing Duty Operations.                          Final Results.5
                                               the antidumping duty order.
                                               Accordingly, we are rescinding the
                                                                                                        [FR Doc. 2018–16336 Filed 7–30–18; 8:45 am]                In the first remand, in accordance
                                                                                                        BILLING CODE 3510–DS–P                                   with the Court’s instructions, Commerce
                                               administrative review of the
                                                                                                                                                                 reconsidered its selection of the
                                               antidumping duty order on glycine from
                                                                                                                                                                 surrogate value (SV) for rice husk and
                                               China for the period                                     DEPARTMENT OF COMMERCE                                   provided further explanation
                                                 March 1, 2017, through February 28,                                                                             concerning the cap to the fish oil by-
                                               2018, in its entirety, in accordance with                International Trade Administration                       product offset in Vinh Hoan
                                               19 CFR 351.213(d)(1).                                                                                             Corporation’s 6 margin calculation.7
                                                                                                        [A–552–801]                                              Additionally, and in accordance with
                                               Assessment                                                                                                        the Court’s instructions, Commerce
                                                                                                        Certain Frozen Fish Fillets From the                     made changes to Vinh Hoan’s margin
                                                  Commerce will instruct U.S. Customs
                                                                                                        Socialist Republic of Vietnam: Notice                    calculation, specifically, by adjusting
                                               and Border Protection (CBP) to assess
                                                                                                        of Court Decisions Not in Harmony                        the denominators for Vinh Hoan’s
                                               antidumping duties on all appropriate
                                                                                                        With Final Results of Administrative                     factors of production (FOPs) to exclude
                                               entries of glycine from China.                           Review and Notice of Amended Final
                                               Antidumping duties shall be assessed at                                                                           water weight, and subsequently
                                                                                                        Results of Antidumping Duty                              recalculating Vinh Hoan’s net U.S. price
                                               rates equal to the cash deposit of                       Administrative Review                                    of sales for subject merchandise on a net
                                               estimated antidumping duties required
                                                                                                                                                                 weight basis exclusive of water weight.8
                                               at the time of entry, or withdrawal from                 AGENCY:  Enforcement and Compliance,                     The Court upheld our findings on all
                                               warehouse, for consumption, in                           International Trade Administration,                      but one of these issues, i.e., the fish oil
                                               accordance with 19 CFR                                   Department of Commerce.                                  by-product offset.9
                                               351.212(c)(1)(i). Commerce intends to                    SUMMARY:   On May 24, 2018, the United                     On July 10, 2017, the Court remanded
                                               issue appropriate assessment                             States Court of International Trade                      Commerce’s First Remand Results.10 In
                                               instructions to CBP 15 days after the                    (Court) issued final judgments in An                     the second remand, in accordance with
                                               date of publication of this notice in the                Giang Fisheries Import and Export Joint                  the Court’s instructions, Commerce
                                               Federal Register.                                        Stock Company et al. v. United States,                   provided further explanation with
                                                                                                        Consol. Court No. 14–00109, sustaining                   respect to the calculated fish oil by-
                                               Notification to Importers
                                                                                                        the Department of Commerce’s
                                                                                                                                                                   2 See Amended Final Results of Antidumping
                                                 This notice serves as a reminder to                    (Commerce) remand results for the
                                                                                                                                                                 Duty Administrative Review; 2010–2011, 79 FR
                                               importers of their responsibility under                  ninth administrative review of the                       37714 (July 2, 2014) (AR9 Amended Final Results)
                                               19 CFR 351.402(f)(2) to file a certificate               antidumping duty order on certain                        and accompanying Ministerial Error Memorandum.
                                               regarding the reimbursement of                           frozen fish fillets from the Socialist                     3 These include An Giang Fisheries Import and

                                                                                                        Republic of Vietnam (Vietnam) covering                   Export Joint Stock Company, Asia Commerce
                                               antidumping duties prior to liquidation                                                                           Fisheries Joint Stock Company, Cuu Long Fish Joint
                                               of the relevant entries during this                      the period of review (POR) August 1,                     Stock Company, Hiep Thanh Seafood Joint Stock
                                               review period. Failure to comply with                    2011, through July 31, 2012. Commerce                    Company, International Development and
                                               this requirement could result in                         is notifying the public that the Court’s                 Investment Corporation, NTSF Seafoods Joint Stock
                                                                                                        final judgment is not in harmony with                    Company, QVD Food Company Ltd., Southern
                                               Commerce’s presumption that                                                                                       Fishery Industries Company, Ltd., and Vinh Hoan
                                               reimbursement of antidumping duties                      Commerce’s final results of the                          Corporation (collectively Agifish et al.).
                                               occurred and the subsequent assessment                   administrative review, and that                            4 Catfish Farmers of America and the following

                                               of doubled antidumping duties.                           Commerce is amending the final results                   individual U.S. catfish processors: America’s Catch,
                                                                                                        with respect to certain exporters.                       Consolidated Catfish Companies, LLC dba Country
                                               Notification Regarding Administrative                                                                             Select Catfish, Delta Pride Catfish, Inc., Harvest
                                                                                                        DATES:   Applicable June 3, 2018.                        Select Catfish, Inc., Heartland Catfish Company,
                                               Protective Orders                                                                                                 Pride of the Pond, and Simmons Farm Raised
                                                                                                        FOR FURTHER INFORMATION CONTACT:                         Catfish, Inc. (collectively, the petitioners).
                                                 This notice also serves as a reminder                  Javier Barrientos, AD/CVD Operations                       5 See An Giang Fisheries Import and Export Joint

                                               to parties subject to administrative                     Office V, Enforcement and Compliance,                    Stock Company et al. v. United States, Court No.
                                               protective order (APO) of their                          International Trade Administration,                      14–00109, Slip Op. 16–55 (CIT June 7, 2016).
                                                                                                                                                                   6 Vinh Hoan was one of two mandatory
                                               responsibility concerning the                            U.S. Department of Commerce, 1401
                                                                                                                                                                 respondents selected by Commerce. (Vinh Hoan)
                                               disposition of proprietary information                   Constitution Avenue NW, Washington,                      includes Vinh Hoan Corporation and its affiliates
                                               disclosed under APO in accordance                        DC 20230; telephone: (202) 482–2243.                     Van Duc Food Export Joint Company and Van Duc
                                               with 19 CFR 351.305. Timely written                                                                               Tien Giang (VDTG).
                                                                                                        SUPPLEMENTARY INFORMATION:                                 7 See Final Results of Redetermination Pursuant
                                               notification of the return/destruction of
                                                                                                        Background                                               to An Giang Fisheries Import and Export Joint Stock
                                               APO materials or conversion to judicial                                                                           Company et al. v. United States, Consol. Court No.
                                               protective order is hereby requested.                       On April 7, 2014, Commerce issued                     14–00109, and Slip Op. 16–55, dated February 9,
                                                                                                                                                                 2017 (First Remand Results).
daltland on DSKBBV9HB2PROD with NOTICES




                                               Failure to comply with the regulations                   its AR9 Final Results.1 On July 2, 2014,                   8 Id.
                                               and terms of an APO is a violation                       Commerce issued its AR9 Amended                            9 See An Giang Fisheries Import and Export Joint
                                               which is subject to sanction.                                                                                     Stock Company et al. v. United States, Consol.
                                                 This notice is issued and published in                   1 See Certain Frozen Fish Fillets from the Socialist   Court No. 14–00109, Slip Op. 17–00082 (July 10,
                                                                                                        Republic of Vietnam: Final Results of Antidumping        2017) (An Giang Fisheries).
                                               accordance with sections 751(a)(1) and
                                                                                                        Duty Administrative Review and New Shipper                 10 See Vinh Hoan Corporation et al. v. United
                                               777(i)(1) of the Act, and 19 CFR                         Review; 2011–2012, 79 FR 19053 (April 7, 2014)           States, Court No. 14–00109, Slip Op. 17–82 (CIT
                                               351.213(d)(4).                                           (AR9 Final Results).                                     July 10, 2017).



                                          VerDate Sep<11>2014   18:30 Jul 30, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\31JYN1.SGM     31JYN1


                                               36880                                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices

                                               product offset and its superiority as                                    Sawblades Mfrs. Coalition v. United                                      determination and must suspend
                                               compared to the other fish oil SVs on                                    States, 626 F.3d 1374 (Fed. Cir. 2010)                                   liquidation of entries pending a
                                               the record.11 On September 22, 2017,                                     (Diamond Sawblades), Commerce is                                         ‘‘conclusive’’ court decision. The
                                               Commerce filed the Second Remand                                         notifying the public that the final                                      Court’s May 24, 2018, judgment
                                               Results with the Court.                                                  judgment in this cases is not in harmony                                 sustaining the AR9 Remand constitutes
                                                 As a result of the AR9 Remand                                          with Commerce’s final results of the                                     a final decision of the Court that is not
                                               Results,12 there are calculation changes.                                antidumping duty administrative review                                   in harmony with Commerce’s AR9
                                               After accounting for all such changes                                    of the antidumping duty order on fish                                    Amended Final Results. This notice is
                                               and issues in the AR9 Remand Results,                                    fillets from Vietnam covering the POR.                                   published in fulfillment of the
                                               the resulting antidumping duty margin                                    Thus, Commerce is amending the AR9
                                                                                                                                                                                                 publication requirement of Timken.
                                               for Vinh Hoan is de minimis. Because                                     Amended Final Results with respect to
                                               Vinh Hoan’s margin is now de minimis,                                    the weighted-average dumping margins                                     Amended Final Results
                                               Agifish’s margin (unchanged) becomes                                     for Vinh Hoan, and the separate rate
                                               the margin ($1.20 per kilogram) for                                      respondents.14                                                             Because there is now a final court
                                               those companies not individually                                                                                                                  decision, Commerce is amending the
                                               examined but receiving a separate rate.                                  Timken Notice                                                            AR9 Amended Final Results with
                                               On May 24, 2018, the Court sustained                                        In its decision in Timken, 893 F.2d at                                respect to Vinh Hoan, and the separate
                                               the AR9 Remand Results.13                                                341, as clarified by Diamond Sawblades,                                  rate respondents. The revised weighted-
                                                 Consistent with the decision of the                                    the CAFC held that, pursuant to section                                  average dumping margins for these
                                               United States Court of Appeals for the                                   516A(e) of the Tariff Act of 1930, as                                    exporters during the period August 1,
                                               Federal Circuit (CAFC) in Timken Co. v.                                  amended (Act), Commerce must publish                                     2011, through July 31, 2012, are as
                                               United States, 893 F.2d 337 (Fed. Cir.                                   a notice of a court decision that is not                                 follows:
                                               1990) (Timken), as clarified by Diamond                                  ‘‘in harmony’’ with a Commerce

                                                                                                                                                                                                                Weighted-average dumping margin
                                                                                                                  Exporter name                                                                                       (dollars per kilogram)

                                               Vinh Hoan Corporation 15 ................................................................................................................................                                                            0.00
                                               Hung Vuong Group 16 ......................................................................................................................................                                                           1.20
                                               An My Fish Joint Stock Company ...................................................................................................................                                                                   1.20
                                               Anvifish Joint Stock Company 17 .....................................................................................................................                                                                1.20
                                               Asia Commerce Fisheries Joint Stock Company ............................................................................................                                                                             1.20
                                               Binh An Seafood Joint Stock Company ..........................................................................................................                                                                       1.20
                                               Cadovimex II Seafood Import-Export and Processing Joint Stock Company ................................................                                                                                               1.20
                                               Cantho Import-Export Seafood Joint Stock Company ....................................................................................                                                                                1.20
                                               Cuu Long Fish Import-Export Corporation 18 ..................................................................................................                   ............................................................
                                               Cuu Long Fish Joint Stock Company ..............................................................................................................                                                                     1.20
                                               East Sea Seafoods Limited Liability Company 19 ...........................................................................................                                                                           1.20
                                               Green Farms Seafood Joint Stock Company .................................................................................................                                                                            1.20
                                               Hiep Thanh Seafood Joint Stock Company ....................................................................................................                                                                          1.20
                                               Hoa Phat Seafood Import-Export and Processing JSC ..................................................................................                                                                                 1.20
                                               International Development & Investment Corporation ....................................................................................                                                                              1.20
                                               NTSF Seafoods Joint Stock Company ............................................................................................................                                                                       1.20
                                               QVD Food Company Ltd.20 .............................................................................................................................                                                                1.20
                                               Saigon Mekong Fishery Co., Ltd .....................................................................................................................                                                                 1.20
                                               Seafood Joint Stock Company No.4 Branch Dongtam Fisheries Processing Company ...............................                                                                                                         1.20
                                               Southern Fisheries Industries Company Ltd ...................................................................................................                                                                        1.20
                                               Sunrise Corporation .........................................................................................................................................                                                        1.20
                                               Thien Ma Seafood Co., Ltd .............................................................................................................................                                                              1.20
                                               To Chau Joint Stock Company .......................................................................................................................                                                                  1.20
                                               Viet Phu Food & Fish Corporation ..................................................................................................................                                                                  1.20
                                               Vinh Quang Fisheries Corporation ..................................................................................................................                                                                  1.20

                                                 11 See Final Results of Redetermination Pursuant                       Thanh Seafood Joint Stock Company; Hoa Phat                              Mascato Company Limited, Hung Vuong—Vinh
                                               To Court Remand, Consol. Court No. 14–00109, Slip                        Seafood Import-Export and Processing JSC;                                Long Co., Ltd., and Hung Vuong—Sa Dec Co., Ltd.
                                               Op. 17–00082 (CIT July 10, 2017), dated September                        International Development & Investment                                      17 Includes the trade name Anvifish Co., Ltd., and

                                               22, 2017, (Second Remand Results).                                       Corporation; NTSF Seafoods Joint Stock Company;                          Anvifish JSC.
                                                 12 See First Remand Results and Second Remand                          QVD Food Company Ltd.; Saigon Mekong Fishery                                18 Includes the trade name CL Panga Fish.

                                               Results (collectively, AR9 Remand Results).                              Co., Ltd.; Seafood Joint Stock Company No.4                                 19 Includes the trade names East Sea Seafoods
                                                 13 See An Giang Fisheries Import and Export Joint                      Branch Dongtam Fisheries Processing Company;                             LLC and ESS.
                                               Stock Company et al. v. United States, Consol.                           Southern Fisheries Industries Company Ltd.;                                 20 This rate is also applicable to QVD Dong Thap
                                               Court No. 14–109, Slip Op. 18–60 (CIT May 24,                            Sunrise Corporation; Thien Ma Seafood Co., Ltd.;                         Food Co., Ltd. (Dong Thap) and Thuan Hung Co.,
                                               2018).                                                                   To Chau Joint Stock Company; Viet Phu Food &                             Ltd. (THUFICO). In the second review of this order,
                                                 14 These include: An My Fish Joint Stock                               Fish Corporation; and Vinh Quang Fisheries                               Commerce found QVD, Dong Thap and THUFICO
                                                                                                                        Corporation (collectively, separate rate
daltland on DSKBBV9HB2PROD with NOTICES




                                               Company; Anvifish Joint Stock Company; Asia                                                                                                       to be a single entity, and because there has been no
                                               Commerce Fisheries Joint Stock Company; Binh An                          respondents).                                                            evidence submitted on the record of this review that
                                                                                                                          15 This rate is applicable to the Vinh Hoan Group
                                               Seafood Joint Stock Company; Cadovimex II                                                                                                         calls this determination into question, we continue
                                               Seafood Import-Export and Processing Joint Stock                         which includes: Vinh Hoan, Van Duc, and VDTG.                            to find these companies to be part of a single entity.
                                               Company; Cantho Import-Export Seafood Joint                                16 This rate is applicable to the Hung Vuong                           Therefore, we will assign this rate to the companies
                                               Stock Company; Cuu Long Fish Import-Export                               Group, which includes: An Giang Fisheries Import                         in the single entity. See Certain Frozen Fish Fillets
                                               Corporation; Cuu Long Fish Joint Stock Company;                          and Export Joint Stock Company, Asia Pangasius                           from the Socialist Republic of Vietnam: Preliminary
                                               East Sea Seafoods Limited Liability Company;                             Company Limited, Europe Joint Stock Company,                             Results of Antidumping Duty Administrative
                                               Green Farms Seafood Joint Stock Company; Hiep                            Hung Vuong Joint Stock Company, Hung Vuong                               Review, 71 FR 53387 (September 11, 2006).



                                          VerDate Sep<11>2014        18:30 Jul 30, 2018       Jkt 244001      PO 00000       Frm 00009       Fmt 4703      Sfmt 4703       E:\FR\FM\31JYN1.SGM            31JYN1


                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                           36881

                                                 Accordingly, Commerce will continue                    DATES:The meeting will be held on                     Tuesday, August 21, 2018; 8:30 a.m.–
                                               the suspension of liquidation of the                     Monday, August 20 through Thursday,                   5:30 p.m.
                                               subject merchandise pending the                          August 23, 2018.                                         The Reef Fish Management
                                               expiration of the period of appeal or, if                                                                      Committee will convene and review the
                                               appealed, pending a final and                            ADDRESSES:  The meeting will take place
                                                                                                        at the Omni Corpus Christi hotel located              Reef Fish Landings; review Final
                                               conclusive court decision. In the event                                                                        Action: Framework Action to Modify
                                               the Court’s ruling is not appealed or, if                at 900 N. Shoreline Boulevard, Corpus
                                                                                                        Christi, TX 78401; telephone: (361) 887–              Red Snapper Acceptable Catch Limits
                                               appealed, upheld by the CAFC,                                                                                  (ACL) and Acceptable Catch Targets
                                               Commerce will instruct U.S. Customs                      1600.
                                                                                                                                                              (ACT) and Gulf Hogfish ACLs. The
                                               and Border Protection to assess                             Council address: Gulf of Mexico                    committee will also review Draft
                                               antidumping duties on unliquidated                       Fishery Management Council, 4107 W.                   Amendment 36B—Modifications to
                                               entries of subject merchandise exported                  Spruce Street, Suite 200, Tampa, FL                   Commercial Individual Fishing Quota
                                               by the companies identified above using                  33607; telephone: (813) 348–1630.                     (IFQ) Programs and Final Action:
                                               the assessment rate calculated by                                                                              Modification to the Recreational Red
                                               Commerce in the AR9 Remand Results                       FOR FURTHER INFORMATION CONTACT:   Dr.
                                                                                                        Carrie Simmons, Executive Director,                   Snapper ACT Buffers. After lunch, the
                                               and listed above.                                                                                              committee will discuss the Gulf of
                                                                                                        Gulf of Mexico Fishery Management
                                               Cash Deposit Requirements                                Council; telephone: (813) 348–1630.                   Mexico Allocation Review Triggers;
                                                                                                                                                              compare the Council’s Allocation Policy
                                                  Unless the applicable cash deposit                    SUPPLEMENTARY INFORMATION:                            with National Marine Fisheries Service
                                               rates have been superseded by cash
                                                                                                        Agenda                                                (NMFS) Allocation Review Policy;
                                               deposit rates calculated in an
                                                                                                                                                              review Scoping Document: Reallocation
                                               intervening administrative review of the
                                                                                                        Monday, August 20, 2018; 8:30 a.m.–                   of the Red Snapper ACL and the revised
                                               AD order on frozen fish fillets from
                                                                                                        5:15 p.m.                                             Draft Amendment 50: State Management
                                               Vietnam, Commerce will instruct U.S.
                                                                                                                                                              Program for Recreational Red Snapper
                                               Customs and Border Protection to                           The Coral Committee will receive an                 and Individual State Amendments.
                                               require a cash deposit for estimated AD                  update on the Flower Garden Banks
                                               duties at the rate noted above for each                  National Marine Sanctuary Expansion;                  Wednesday, August 22, 2018; 8:30 a.m.–
                                               specified exporter and producer                          discuss Final Action: Abbreviated                     5 p.m.
                                               combination, for entries of subject                      Framework Action—Clarification of                        The Reef Fish Committee will receive
                                               merchandise, entered or withdrawn                        Fishing in Habitat Area Particular                    a presentation on the Great Red Snapper
                                               from warehouse, for consumption, on or                   Concerns (HAPCs); and, receive an                     Count; and review the Scientific and
                                               after June 3, 2018.                                      update on the Coral Reef Conservation                 Statistical Committee (SSC) Summary
                                               Notification to Interested Parties                       Program Grant. The Sustainable                        Report. The Data Committee will review
                                                                                                        Fisheries Committee will review a Draft               the Gulf of Mexico 2017 Headboat
                                                 This notice is issued and published in
                                                                                                        Abbreviated Framework Action:                         Summary Report; and receive an update
                                               accordance with sections 516A(e),
                                                                                                        Conversion of Historical Captain                      on Southeast For-Hire Electronic
                                               751(a)(1), and 777(i)(1) of the Act.
                                                                                                        Endorsements to Federal For-Hire                      Reporting Programs (SEFHIER)
                                                 Dated: July 25, 2018.                                  Permits; and, review of Senate Bill S.                Implementation Plan.
                                               Gary Taverman,                                           3138—A Bill to Establish a Regulatory                    Mid-morning (approximately 10:45
                                               Deputy Assistant Secretary for Antidumping               System for Marine Aquaculture in the                  a.m.), the Full Council will convene
                                               and Countervailing Duty Operations                       United States Exclusive Economic Zone                 with a Call to Order, Announcements,
                                               performing the non-exclusive functions and                                                                     and Introductions. The Council will
                                                                                                        (EEZ).
                                               duties of the Assistant Secretary for                                                                          hold the induction of new Council
                                               Enforcement and Compliance.                                After lunch, the Mackerel Committee
                                                                                                                                                              Members, followed by the Adoption of
                                               [FR Doc. 2018–16333 Filed 7–30–18; 8:45 am]              will convene to discuss the Coastal                   Agenda and Approval of Minutes. The
                                               BILLING CODE 3510–DS–P                                   Migratory Pelagics (CMP) Landings                     Council will receive presentations on
                                                                                                        Update; receive an update on Cobia                    Highly Migratory Species (HMS)
                                                                                                        catch per unit effort (CPUE) Indices and              Amendment 11 regarding Shortfin Mako
                                               DEPARTMENT OF COMMERCE                                   Scientific and Statistic Committee (SSC)              Sharks; and from Texas Law
                                                                                                        recommendations; and, review Options:                 Enforcement. The Council will receive
                                               National Oceanic and Atmospheric                         CMP Framework Amendment 7—
                                               Administration                                                                                                 open public testimony from 1:30 p.m.
                                                                                                        Modifications to Gulf Cobia Size and                  until 5 p.m. on the following items:
                                               RIN 0648–XG377                                           Possession Limits. The Gulf SEDAR                     Final Action: Abbreviated Framework
                                                                                                        Committee will receive an overview of                 Action—Clarification of Fishing in
                                               Gulf of Mexico Fishery Management                        the revised SEDAR process; and review                 HAPCs; Final Action: Framework
                                               Council; Public Meeting                                  and finalize the 2020 and 2021 Gulf                   Action to Modify Red Snapper ACLs
                                               AGENCY:  National Marine Fisheries                       SEDAR Schedule. The Shrimp                            and ACTs, and Gulf Hogfish ACLs; Final
                                               Service (NMFS), National Oceanic and                     Committee will receive an update on                   Action: Modification to the Recreational
                                               Atmospheric Administration (NOAA),                       Council request regarding shrimp effort               Red Snapper Annual Catch Target
                                               Commerce.                                                threshold reduction in the area                       Buffers; Final Action: Spiny Lobster
                                                                                                        monitored for juvenile red snapper                    Amendment 13—Modifications to the
                                               ACTION: Notice of a public meeting.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        bycatch and SSC recommendations. The                  Spiny Lobster Gear Requirements and
                                               SUMMARY:   The Gulf of Mexico Fishery                    Spiny Lobster Committee will review                   Cooperative Management Procedures;
                                               Management Council (Council) will                        and discuss the Spiny Lobster Landings                and, on any other fishery issues or
                                               hold a four-day meeting to consider                      and review Final Action: Spiny Lobster                concerns. Anyone wishing to speak
                                               actions affecting the Gulf of Mexico                     Amendment 13—Modifications to the                     during public comment should sign in
                                               fisheries in the exclusive economic zone                 Spiny Lobster Gear Requirements and                   at the registration station located at the
                                               (EEZ).                                                   Cooperative Management Procedures.                    entrance to the meeting room.


                                          VerDate Sep<11>2014   18:30 Jul 30, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\31JYN1.SGM   31JYN1



Document Created: 2018-11-06 10:29:24
Document Modified: 2018-11-06 10:29:24
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 36879 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR