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Certain Frozen Fish Fillets From the Socialist Republic of Vietnam; 2017-2018; Rescission of the Antidumping Duty Administrative Review in Part

The Department of Commerce (Commerce) is rescinding the administrative review, in part, of the antidumping duty order on certain frozen fish fillets (fish fillets) from the Soci...

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Department of Commerce
International Trade Administration
  1. [A-552-801]

AGENCY:

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

SUMMARY:

The Department of Commerce (Commerce) is rescinding the administrative review, in part, of the antidumping duty order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) for the period August 1, 2017, through July 31, 2018.

DATES:

Applicable March 13, 2019.

FOR FURTHER INFORMATION CONTACT:

Carrie Bethea or Genevieve Coen, 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) 482-1491 or (202) 482-3251, respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 7, 2018, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on fish fillets from Vietnam.[1] Pursuant to requests from interested parties, Commerce initiated an administrative review with respect to 76 companies for the period August 1, 2017 through July 31, 2018.[2] Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.[3] If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for a party to withdraw a request for review was February 11, 2019.[4]

Withdrawal of Review Requests

Between December 20, 2018 and February 8, 2019, Commerce received requests for withdrawal from the petitioners [5] and respondents,[6] resulting in the withdrawal of all requests for administrative review for 52 companies. Included below is a more detailed explanation of the individual withdrawal requests that were received between December 20, 2018 and February 8, 2019.

On December 20, 2018, Bien Dong Seafood Company, Ltd. (Bien Dong) withdrew its request for administrative review.[7] On December 20, 2018, the petitioners withdrew their request for an administrative review for Bien Dong.[8] On December 27, 2018, Vinh Hoan Corporation (Vinh Hoan) withdrew its request for an administrative review.[9] On December 31, 2018, the petitioners withdrew their request for an administrative review for Vinh Hoan.[10] The petitioners withdrew their request for an administrative review for additional companies in filings on January 2, 2019,[11] and February 8, 2019,[12] as listed in the Appendix.[13] There is no active review request for these companies.

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 party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. All review requests were withdrawn for 52 companies, as detailed above. Therefore, Commerce is rescinding this review with respect to those 52 companies, in accordance with 19 CFR 351.213(d)(1).[14] The review will continue with respect to the 24 other firms for which a review was requested and initiated.

Assessment

Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, 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, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate assessment instruction to CBP 15 days after publication of this notice.

Notification to Importers

This notice serves as a 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 this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

This notice also serves as a reminder to parties subject to administrative ( printed page 9088) protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751 and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

Dated: March 7, 2019.

James Maeder,

Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Appendix—Companies for Which Commerce Is Rescinding the Review

Footnotes

1.   See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review,83 FR 38682 (August 7, 2018).

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2.   See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 50077 (October 4, 2018) ( Initiation Notice).

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3.   See memorandum to the Record from 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, “Deadlines Affected by the Partial Shutdown of the Federal Government,” dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days.

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5.  Catfish Farmers of America and individual U.S. catfish processors America's Catch, Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc., Consolidated Catfish Companies, LLC d/b/a Country Select Catfish, Delta Pride Catfish, Inc., Guidry's Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc. d/b/a Pride of the Pond, and Simmons Farm Raised Catfish, Inc. (collectively, the petitioners).

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6.  Of all respondents, only Bien Dong Seafood Company, Ltd. and Vinh Hoan Corporation filed withdrawal requests.

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7.   See Bien Dong's Letter “Withdrawal of Request for Administrative Review,” dated December 20, 2018. While Bien Dong's request for review only named itself under the alternate spelling Bien Dong Seafood Co., Ltd., Bien Dong requested the review be rescinded for all variation of Bien Dong's name listed in the Initiation Notice, as well as its affiliate Bien Dong Hau Giang Seafood Joint Stock Company.

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8.   See the Petitioners' Letter “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated December 20, 2018. The petitioners withdrew their requests for Bien Dong Seafood Company Ltd., Bien Dong Hau Giang Seafood Joint Stock Company, and their respective “also known as (AKA)” names as stated in the petitioners' request for review.

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9.   See Vinh Hoan's Letter “Withdraw of Request for Administrative Review—Vinh Hoan Corporation,” dated December 27, 2018.

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10.   See the Petitioners' Letter “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated December 31, 2018 (withdrawing review as to Vinh Hoan and several related companies: Thanh Binh Dong Thap One Member Company Limited; Van Duc Food Export Joint Stock Company; Van Duc Tien Giang Food Export Company; and their respective AKA names).

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11.   See the Petitioners' Letter “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated January 2, 2019. Of the companies petitioners withdrew upon in this filing, 37 respondents had no other requests for review.

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12.   See the Petitioners' Letter, “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated February 8, 2019. No other parties requested a review of these respondents.

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13.   See the Petitioners' Letter, “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated February 8, 2019. No other parties requested a review of these respondents.

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14.   See Appendix for a full list of the rescinded companies.

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[FR Doc. 2019-04623 Filed 3-12-19; 8:45 am]

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“Certain Frozen Fish Fillets From the Socialist Republic of Vietnam; 2017-2018; Rescission of the Antidumping Duty Administrative Review in Part,” thefederalregister.org (March 13, 2019), https://thefederalregister.org/documents/2019-04623/certain-frozen-fish-fillets-from-the-socialist-republic-of-vietnam-2017-2018-rescission-of-the-antidumping-duty-administ.