Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; and Notice of Amended Final Results
On September 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Catfish Farmers of Am., et al v. United States, Court No. 24-00082, sustaining the...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On September 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in
Catfish Farmers of Am., et al
v.
United States,
Court No. 24-00082, sustaining the U.S. Department of Commerce (Commerce)'s remand results pertaining to the administrative review of the antidumping duty (AD) order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) covering the period of review (POR) August 1, 2021, through July 31, 2022. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results in the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Can Tho Import Export Seafood Joint Stock Company (CASEAMEX) and four companies receiving a separate rate.
DATES:
Applicable September 14, 2026.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2024, Commerce published its
Final Results
in the 2021-2022 AD administrative review of fish fillets from Vietnam,[1]
in which we calculated a margin of $0.18/kg for CASEAMEX. We also assigned this rate to four companies receiving a separate rate: Cafatex Corporation (Cafatex); Hung Vuong Corporation [2]
(HVG); International Development and Investment Corporation (IDI); and Loc Kim Chi Seafood Joint Stock Company (Loc Kim).
Following the
Final Results,
the petitioners [3]
brought a ministerial error allegation regarding our treatment of marine insurance in the margin calculation for CASEAMEX. Because the alleged error related to an aspect of the calculation that was present in the
Preliminary Results,
and because no party had commented on this aspect of our calculation in case briefs, we rejected the allegation as untimely.
4
( printed page 60100)
Therefore, we made no changes to our final calculations for CASEAMEX or the rate assigned to the separate rate companies.
The petitioners appealed the
Final Results.
On December 15, 2025, the CIT remanded Commerce's
Final Results
and found that certain aspects of Commerce's
Final Results
were not supported by substantial evidence.[5]
In the
Remand Opinion and Order,
the Court found that Commerce improperly rejected the ministerial error allegation as untimely, and it directed Commerce to accept the allegation and make corrections, as necessary, on remand.[6]
In its remand redetermination, issued on April 15, 2026, Commerce revised its
Final Results
pursuant to the
Remand Opinion and Order
and, under respectful protest,[7]
accepted the ministerial error allegation as directed. In particular, we revised the dumping margin calculated for mandatory respondent CASEAMEX. We also applied this revised rate to the four companies receiving separate rates in this administrative review: Cafatex; HVG; IDI; and Loc Kim. On September 4, 2026, The CIT sustained Commerce's final remand redetermination.[8]
Timken Notice
In its decision in
Timken,[9]
as clarified by
Diamond Sawblades,[10]
the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's September 4, 2026 judgment constitutes a final decision of the CIT that is not in harmony with Commerce's
Final Results.
Thus, this notice is published in fulfillment of the publication requirements of
Timken.
Amended Final Results
Because there is now a final court judgment, Commerce is amending its
Final Results
as follows: (1) we revised the dumping margin calculated for mandatory respondent CASEAMEX; and (2) we also applied this revised rate to the four companies receiving separate rates in this administrative review: Cafatex; HVG; IDI; and Loc Kim, as follows:
Exporter
Weighted-average
dumping margin
(dollars per kilogram)
Can Tho Import Export Seafood Joint Stock Company
$0.20
Loc Kim Chi Seafood Joint Stock Company
* 0.20
International Development and Investment Corporation
* 0.20
Hung Vuong Corporation
* 0.20
Cafatex Corporation
* 0.20
* This rate is based on the rate calculated for Can Tho Import Export Seafood Joint Stock Company.
Cash Deposit Requirements
Because CASEAMEX has a superseding cash deposit rate,
i.e.,
there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP) for the company. This notice will not affect the current cash deposit rate for CASEAMEX.
However, as Cafatex's, HVG's, IDI's and Loc Kim's cash deposit rates have not been superseded in a subsequent review, we will apply the revised rate of $0.20 per kilogram to these companies. Commerce will issue revised cash deposit instructions to CBP.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from liquidating entries that: were exported by CASEAMEX, Cafatex, HVG, IDI or Loc Kim, and were entered, or withdrawn from warehouse, for consumption during the period August 1, 2021, through July 31, 2022. These entries will remain enjoined pursuant to the terms of the injunction(s) during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, and at the conclusion of any additional litigation concerning the entries in question, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by CASEAMEX, Cafatex, HVG, IDI or Loc Kim, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess duties on all appropriate entries covered by this review at the rate of $0.20 per kilogram.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 17, 2026.
Steven Presing,
Executive Director for Policy and Negotiations.
Footnotes
1.
See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results and Partial Rescission of Administrative Review; 2021-2022,89 FR 18595 (March 14, 2024) (
Final Results), and accompanying Issues and Decision Memorandum.
2.
Hung Vuong Corporation (also known as Hung Vuong Joint Stock Company, HVC or HV Corp.) is part of a single entity with the following companies: (1) An Giang Fisheries Import and Export Joint Stock Company (also known as Agifish, An Giang Fisheries Import and Export, An Giang Fisheries Import & Export Joint Stock Company); (2) Asia Pangasius Company Limited (also known as ASIA); (3) Europe Joint Stock Company (also known as Europe, Europe JSC or EJS CO.); (4) Hung Vuong Ben Tre Seafood Processing Company Limited (also known as Ben Tre, HVBT, or HVBT Seafood Processing); (5) Hung Vuong Mascato Company Limited (also known as Mascato); (6) Hung Vuong—Sa Dec Co., Ltd. (also known as Sa Dec or Hung Vuong Sa Dec Company Limited); and (7) Hung Vuong—Vinh Long Co., Ltd. (also known as Vinh Long or Hung Vuong Vinh Long Company Limited).
3.
The petitioners are the Catfish Farmers of America and individual U.S. catfish processors America's Catch, Inc., 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.
4.
See
Commerce's Letter, “Rejection of Untimely Ministerial Error Allegation,” dated April 2, 2024 (stating that “{p}ursuant to 19 CFR 351.224(c)(1), comments concerning ministerial errors in the preliminary results of a review should be included in a party's case brief. Moreover, 19 CFR 351.309(c)(2) states that a party's `case brief must present all arguments that continue in the submitter's view to be relevant to the Secretary's final determination or final results. . . .' The alleged ministerial error referenced in your submission was discoverable earlier in the proceeding (
i.e.,
immediately following the preliminary results) but was not pointed out to
Commerce during the time period specified by our regulations (
i.e.,
in the petitioners' case brief”).
Use this for formal legal and research references to the published document.
91 FR 60099
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; and Notice of Amended Final Results,” thefederalregister.org (September 22, 2026), https://thefederalregister.org/documents/2026-19373/certain-frozen-fish-fillets-from-the-socialist-republic-of-vietnam-notice-of-court-decision-not-in-harmony-with-the-fina.
19 CFR 351.212(b)