83 FR 46479 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review, Preliminary Determination of No Shipments and Partial Rescission of the Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 178 (September 13, 2018)

The Department of Commerce (Commerce) preliminarily determines that certain frozen fish fillets from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than normal value (NV) during the period of review (POR), August 1, 2016, through July 31, 2017.

[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46479-46482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19931]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Preliminary Results of the Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments and Partial 
Rescission of the Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain frozen fish fillets from the Socialist Republic of Vietnam 
(Vietnam) are being, or are likely to be, sold in the United States at 
less than normal value (NV) during the period of review (POR), August 
1, 2016, through July 31, 2017.

DATES: Applicable September 13, 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 October 16, 2017, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the antidumping 
duty (AD) order on frozen fish fillets from Vietnam.\1\ Commerce 
initiated a review with respect to 74 companies,\2\ and selected two of 
these companies, Hung Vuong Group (HVG) and NTSF Seafoods Joint Stock 
Company (NTSF), as mandatory respondents.\3\ On March 22, 2018, 
Commerce partially extended the deadline for issuing the preliminary 
results.\4\ On June 14, 2018, Commerce fully extended the preliminary 
results of review to September 4, 2018.\5\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation 
Notice); see also Appendix I therein for the complete list of all 
companies upon which Commerce initiated an administrative review.
    \2\ Id.
    \3\ See Commerce Memorandums dated January 5, 2018 (HVG), and 
February 7, 2018 (NTSF).
    \4\ See Commerce Memorandum dated June 14, 2018.
    \5\ See Commerce Memorandum dated March 22, 2018.
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Scope of the Order

    The product covered by this review is certain frozen fish fillets 
from the Socialist Republic of Vietnam. For a full description of the 
scope see the Preliminary Decision Memorandum dated concurrently with 
and hereby adopted by this notice.\6\
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    \6\ See Commerce Memorandum, ``Decision Memorandum for the 
Preliminary Results of the 2016-2017 Antidumping Duty Administrative 
Review: Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam,'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Between December 26, 2017 and 
January 12, 2018, we received timely withdrawal of review requests for 
47 companies from the petitioners and self-requested companies. Of 
these 47 companies, 34 do not have any other outstanding review 
requests. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce 
is rescinding this review of the AD order on certain frozen fish 
fillets from Vietnam with respect to these 34 companies.\7\ The review 
will continue with respect to the other firms for which a review was 
requested and initiated.
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    \7\ See Appendix II for a full list of rescinded companies.
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Preliminary Determination of No Shipments

    Based on the no-shipments letters filed by three companies, 
Commerce preliminarily determines that these companies had no shipments 
during the POR. For additional information regarding this 
determination, including a list of these companies, see the Preliminary 
Decision Memorandum. Consistent with our assessment practice in non-
market economy (NME) administrative reviews, Commerce is not rescinding 
this review for these companies, but intends to complete the review and 
issue appropriate instructions to CBP based on the final results of the 
review.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Separate Rates

    Commerce preliminarily determines that information placed on the 
record by the mandatory respondents HVG and NTSF, as well as by the 
four other separate rate applicants, demonstrates that these companies 
are entitled to

[[Page 46480]]

separate rate status. See Preliminary Results of Review section below. 
For additional information, see the Preliminary Decision Memorandum.

Vietnam-Wide Entity

    Commerce's policy regarding conditional review of the Vietnam-wide 
entity applies to this administrative review.\9\ Under this policy, the 
Vietnam-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the Vietnam-wide entity 
in this review, the entity is not under review and the weighted-average 
dumping margin determined for the Vietnam-wide entity is not subject to 
change (i.e., $2.39 per kilogram) as a result of this review.\10\ Aside 
from the companies discussed above, Commerce considers all other 
companies for which a review was requested to be part of the Vietnam-
wide entity. For additional information, see the Preliminary Decision 
Memorandum.
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \10\ Id.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(A) of the Act. Constructed export prices and 
export prices have been calculated in accordance with section 772 of 
the Act. Because Vietnam is an NME country within the meaning of 
section 771(18) of the Act, normal value (NV) has been calculated in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2016, through 
July 31, 2017:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                                          dumping margin
                    Exporter/producer                        and cash
                                                           deposit rate
                                                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Hung Vuong Group........................................            0.00
NTSF Seafoods Joint Stock Company.......................            1.37
C.P. Vietnam Corporation................................            0.41
Cuu Long Fish Joint Stock Company.......................            0.41
Green Farms Seafood Joint Stock Company.................            0.41
Vinh Quang Fisheries Corporation........................            0.41
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of these preliminary results, unless 
the Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
administrative review are encouraged to submit with each argument: (1) 
A statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities.
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act, unless extended.

Assessment Rates

    For those companies for which Commerce is rescinding this review, 
Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries, consistent with 
19 CFR 351.212(b)(1).\12\ For these companies, antidumping duties shall 
be assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period August 1, 2016, through July 31, 2017, 
in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to 
issue appropriate assessment instruction to CBP 15 days after 
publication of this notice.
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    \12\ See Appendix II.
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    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\13\ Commerce intends to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review.
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    \13\ See 19 CFR 351.212(b).
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    For any individually examined respondent whose weighted average 
dumping margin is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, Commerce will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those sales, in accordance with 19 CFR 351.212(b)(1). 
Where an importer-specific ad valorem rate is not zero or de minimis, 
Commerce will instruct CBP to collect the appropriate duties at the 
time of liquidation.\14\ Where either

[[Page 46481]]

a respondent's weighted-average dumping margin is zero or de minimis, 
or an importer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from Vietnam entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if the rate is de minimis, then cash deposit rate 
will be zero); (2) for previously examined Vietnamese and non-
Vietnamese exporters not listed above that at the time of entry are 
eligible for a separate rate based on a prior completed segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific cash deposit rate; (3) for all Vietnam exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate at the time of entry, the cash deposit rate will be that 
for the Vietnam-wide entity (i.e., $2.39 per kilogram); and (4) for all 
non-Vietnamese exporters of subject merchandise which at the time of 
entry are not eligible for a separate rate, the cash deposit rate will 
be the rate applicable to the Vietnam exporter that supplied that non-
Vietnam exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Affiliations
5. Partial Rescission
6. Selection of the Respondents
7. Preliminary Determination of No Shipments
8. Non-Market Economy Country Status
9. Separate Rates
10. Vietnam-Wide Entity
11. Surrogate Country
12. Date of Sale
13. Normal Value Comparisons
14. Comparisons to Normal Value
15. Results of the Differential Pricing Analysis
16. Currency Conversion
17. Recommendation

Appendix II

(1) An Giang Agriculture and Foods Import-Export Joint Stock Company 
(also known as Afiex, An Giang Agriculture and Foods Import-Export 
Joint Stock Company, An Giang Agriculture and Food Import-Export 
Company, or An Giang Agriculture and Foods Import and Export 
Company)
(2) An My Fish Joint Stock Company (also known as Anmyfish or 
Anmyfishco)
(3) An Phat Import-Export Seafood Co. Ltd. (also known as An Phat 
Seafood Co. Ltd.)
(4) An Phu Seafood Corporation (also known as ASEAFOOD or An Phu 
Seafood Corp.)
(5) Anvifish Joint Stock Company (also known as Anvifish or Anvifish 
Co., Ltd.)
(6) Asia Commerce Fisheries Joint Stock Company (also known as 
Acomfish JSC or Acomfish)
(7) Basa Joint Stock Company (BASACO)
(8) Ben Tre Aquaproduct Import and Export Joint Stock Company (also 
known as Bentre Aquaproduct or Aquatex Bentre)
(9) Bentre Forestry and Aquaproduct Import-Export Joint Stock 
Company (also known as Bentre Forestry and Aquaproduct Import and 
Export Joint Stock Company or Ben Tre Forestry and Aquaproduct 
Import-Export Company or Ben Tre Forestry Aquaproduct Import-Export 
Company or Ben Tre Frozen Aquaproduct Export Company or Faquimex)
(10) Bien Dong Seafood Company Ltd. (also known as Bien Dong, Bien 
Dong Seafood, Bien Dong Seafood Co., Ltd., or Biendong Seafood 
Limited Liabilty Company)
(11) Binh An Seafood Joint Stock Company (also known as Binh An or 
Binh An Seafood Joint Stock Co.) Binh Dinh Import Export Company 
(also known as Binh Dinh)
(12) Cafatex Corporation (also known as Cafatex)
(13) Can Tho Animal Fishery Products Processing Export Enterprise 
(also known as Cafatex)
(14) Cuu Long Fish Import-Export Corporation (also known as CL Panga 
Fish)
(15) Da Nang Seaproducts Import-Export Corporation (also known as Da 
Nang or Da Nang Seaproducts Import/Export Corp.)
(16) Dai Thanh Seafoods Company Limited (also known as DATHACO or 
Dai Thanh Seafoods or Dai Thanh Seafoods Co., Ltd.)
(17) East Sea Seafoods LLC (also known as ESS LLC, ESS, ESS JVC, 
East Sea Seafoods Limited Liabiltiy Company, East Sea Seafoods Joint 
Venture Co., Ltd.)
(18) Fatifish Company Limited (also known as FATIFISH or FATIFISHCO)
(19) Go Dang An Hiep One Member Limited Company
(20) Go Dang Ben Tre One Member Limited Liability Company
(21) Hai Huong Seafood Joint Stock Company (also known as HHFish, HH 
Fish, or Hai Houng Seafood)
(22) Hiep Thanh Seafood Joint Stock Company (also known as Hiep 
Thanh or Hiep Thanh Seafood Joint Stock Co.)
(23) Hoa Phat Seafood Import-Export and Processing J.S.C. (also 
known as HOPAFISH or Hoa Phat Seafood Import-Export and Processing 
Joint Stock Company)
(24) Hung Vuong--Mien Tay Aquaculture Corporation
(25) Hung Vuong Seafood Joint Stock Company
(26) International Development & Investment Corporation (also known 
as IDI)
(27) Lian Heng Investment Co., Ltd. (also known as Lien Heng 
Investment or Lian Heng)
(28) Lian Heng Trading Co., Ltd. (also known as Lian Heng or Lian 
Heng Trading)
(29) Nam Phuong Seafood Co., Ltd. (also known as Nam Phuong or 
NAFISHCO or Nam Phuong Seafood or Nam PhuongSeafood Company Ltd.)
(30) Nam Viet Corporation (also known as NAVICO)
(31) Ngoc Ha Co., Ltd. Food Processing and Trading (also known as 
Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
(32) Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89, 
Nha Trang Seafoods, or Nha Trang Seaproduct Company)
(33) NTACO Corporation (also known as NTACO or NTACO Corp.)
(34) Quang Minh Seafood Company Limited (also known as Quang Minh, 
Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
(35) QVD Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD 
DT)
(36) QVD Food Company, Ltd. (also known as QVD or QVD Aqucuture)

[[Page 46482]]

(37) Saigon-Mekong Fishery Co., Ltd. (also known as SAMEFICO or 
Saigon Mekong Fishery Co., Ltd.)
(38) Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries 
Processing Company (also known as DOTASEAFOODCO or Seafood Joint 
Stock Company No. 4-Branch Dong Tam Fisheries Processing Company)
(39) Southern Fishery Industries Company, Ltd. (also known as South 
Vina, South Vina Co., Ltd., or Southern Fisheries Industries 
Company, Ltd.)
(40) Sunrise Corporation.
(41) TG Fishery Holdings Corporation (also known as TG)
(42) Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen Seafood 
Processing Import Export Co., Ltd. or Thanh Hung)
(43) Thien Ma Seafood Co., Ltd. (also known as THIMACO or Thien Ma 
or Thien Ma Seafood Company, Ltd. or Thien Ma Seafoods Co., Ltd.)
(44) Thuan An Production Trading and Service Co., Ltd. (also known 
as TAFISHCO, Thuan An Production Trading and Services Co., Ltd., or 
Thuan An Production & Trading Service Co., Ltd.)
(45) Thuan Hung Co., Ltd. (also known as THUFICO)
(46) To Chau Joint Stock Company (also known as TOCHAU)
(47) Van Duc Food Export Joint Stock Company
(48) Van Duc Tien Giang Food Export Company
(49) Viet Hai Seafood Company Limited (also known as Viet Hai or 
Vietnam Fish-One Co., Ltd. or Viet Hai Seafood Co. or Fish One)
(50) Viet Phu Foods and Fish Corporation (also known as Vietphu, 
Viet Phu, Viet Phu Food and Fish Corporation, or Viet Phu Food & 
Fish Corporation)
(51) Viet Phu Foods & Fish Co., Ltd.
(52) Vinh Hoan Corporation (also known as Vinh Hoan or Ving Hoan 
Co.)
(53) Vinh Long Import-Export Company (also known as Vinh Long or 
Imex Cuu Long or Vinh Long Import/Export Company)

[FR Doc. 2018-19931 Filed 9-12-18; 8:45 am]
 BILLING CODE 3510-DS-P