Notice2021-19519
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 10, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that NTSF Seafoods Joint Stock Company (NTSF), a producer and exporter of frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) did not make sales of subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2019, through July 31, 2020. Commerce also preliminarily determines that it is appropriate to apply facts available, with adverse inferences (AFA) to East Sea Seafoods Joint Stock Company (ESS), an exporter of fish fillets from Vietnam. We also preliminarily determine that one additional company, Green Farms Seafood Joint Stock Company (Green Farms), is eligible for separate rate status, 32 companies did not establish eligibility for a separate rate and are part of the Vietnam-wide entity, and 15 companies had no shipments during the POR. Finally, we are rescinding this review with respect to 13 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50698-50701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19519]
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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 Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Partial Rescission of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that NTSF Seafoods Joint Stock Company (NTSF), a producer and exporter
of frozen fish fillets (fish fillets) from the Socialist Republic of
Vietnam (Vietnam) did not make sales of subject merchandise at prices
below normal value (NV) during the period of review (POR) August 1,
2019, through July 31, 2020. Commerce also preliminarily determines
that it is appropriate to apply facts available, with adverse
inferences (AFA) to East Sea Seafoods
[[Page 50699]]
Joint Stock Company (ESS), an exporter of fish fillets from Vietnam. We
also preliminarily determine that one additional company, Green Farms
Seafood Joint Stock Company (Green Farms), is eligible for separate
rate status, 32 companies did not establish eligibility for a separate
rate and are part of the Vietnam-wide entity, and 15 companies had no
shipments during the POR. Finally, we are rescinding this review with
respect to 13 companies. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Christopher
Maciuba, 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
and 202-482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2020, Commerce published in the Federal Register the
notice of initiation of an administrative review of the antidumping
duty (AD) order on fish fillets from Vietnam with respect to 63
companies.\1\ On January 8, 2021, we selected the two largest
exporters, ESS and NTSF, as mandatory respondents.\2\ On April 5, 2021,
Commerce extended the deadline for these preliminary results by 120
days, to August 31, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ See Memorandum, ``Respondent Selection,'' dated January 8,
2021. For purposes of this figure, we note that eight companies are
part of a single entity known as the ``Hung Vuong Group,'' three
companies form part of a single entity known as ``QVD Aquaculture
Joint Stock Company,'' and three companies form part of a single
entity known as ``Vinh Hoan Corporation.''
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review,''
dated April 5, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics included in the Preliminary Decision Memorandum is
included as an Appendix to this notice. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam; 2019-2020,''
dated August 31, 2021 (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this order are fish fillets from Vietnam.
For a full description of the scope of the order, see the Preliminary
Decision Memorandum.
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 the request within 90 days of the date of
publication of the notice of initiation. As noted above, all interested
parties timely withdrew their requests for review for 13 companies.
Accordingly, Commerce is rescinding this review with respect to these
13 entities, in accordance with 19 CFR 351.213(d)(1).\5\ The review
will continue with respect to the other firms for which a review was
requested and initiated.
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\5\ See Appendix II for a list of companies for which we are
rescinding this review.
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Preliminary Determination of No Shipments
Based on an analysis of information from U.S. Customs and Border
Protection (CBP) and the letters filed by 15 companies certifying no
shipments, Commerce preliminarily determines that these companies had
no shipments during the POR.\6\ For additional information regarding
this finding, see the Preliminary Decision Memorandum.
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\6\ See Appendix III for a complete list of companies with no
shipments during the POR.
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Consistent with our assessment practice in non-market economy (NME)
administrative reviews, Commerce is not rescinding this review for
these 15 companies, but intends to complete the review and issue
appropriate instructions to CBP based on the final results of the
review.\7\
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\7\ 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 mandatory respondents ESS and NTSF, and the separate rate
applicant Green Farms, demonstrates that these companies are entitled
to separate rate status. The remaining 32 companies subject to this
review have not established eligibility for a separate rate and are,
therefore, considered to be part of the Vietnam-wide entity for these
preliminary results.\8\ For additional information, see the Preliminary
Decision Memorandum.
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\8\ See Appendix IV for a complete list of companies not
eligible for a separate rate.
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Vietnam-Wide Entity
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,
the entity is not under review, and the entity's rate is not subject to
change.\9\
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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).
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Other than the companies discussed above--i.e., those that received
separate rate status, those with no shipments during the POR, or those
for which this review has been rescinded--Commerce considers all other
companies under review to be part of the Vietnam-wide entity. For
additional information, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and 751(a)(2) of the Act. We have calculated constructed
export price in accordance with section 772 of the Act. Because Vietnam
is an NME country within the meaning of section 771(18) of the Act, we
have calculated NV in accordance with section 773(c) of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily assigned ESS a dumping margin of $3.87/kg based on AFA.
ESS ceased participating in this review and did not provide information
requested by Commerce; accordingly, we find that necessary information
is not available on the record, ESS failed to provide the requested
information in the form and manner requested and significantly impeded
the proceeding, pursuant to section 776(a) of the Act. Additionally, we
find that ESS had the necessary information in its possession and
elected not to submit the information and, thus, ESS did not act to the
best of its ability in responding to Commerce's
[[Page 50700]]
information request by the applicable deadline, pursuant to section
776(b) of the Act. For further information, see ``Application of Facts
Available and Use of Adverse Inferences'' in the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2019, through
July 31, 2020:
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\10\ This rate is based on an average of the rates assigned to
ESS and NTSF, pursuant to section 735(c)(5)(B) of the Act.
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Weighted-
average dumping
Exporter/producer margin (dollars
per kilogram)
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NTSF Seafoods Joint Stock Company..................... $0.00/kg
East Sea Seafoods Joint Stock Company................. * $3.87/kg
Review-Specific Rate Applicable to the Following
Company: \10\
Green Farms Seafood Joint Stock Company............... 1.94/kg
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* This rate was determined wholly under section 776(d) of the Act.
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b). 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 seven days after
the deadline 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
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. Case and rebuttal briefs should be filed using ACCESS.\12\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\13\
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ See 19 CFR 351.303.
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2021).
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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 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 will announce the date and time of the hearing. Parties should
confirm by telephone the date and time of the hearing two days before
the scheduled date.
Unless otherwise extended, 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.
Assessment Rates
Upon completion of this administrative review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\14\
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\14\ See 19 CFR 351.212(b).
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If NTSF's 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 (or customer-specific)
assessment rates for NTSF, in accordance with 19 CFR 351.212(b)(1).
Specifically, Commerce intends to calculate an importer-specific (or
customer-specific) per-unit assessment rate by dividing the amount of
dumping for reviewed sales to the importer or customer by the total
sales quantity associated with those transactions. Where either NTSF's
weighted-average dumping margin is zero or de minimis, or an importer-
specific or customer-specific ad valorem assessment rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\15\ For any NTSF entries that were not
reported in the U.S. sales databases submitted by NTSF, Commerce will
instruct CBP to liquidate such entries at the Vietnam-wide rate.
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\15\ See 19 CFR 351.106(c)(2).
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If Commerce continues to determine ESS's margin on the basis of AFA
in the final results of this review, Commerce will instruct, and CBP
shall assess, antidumping duties on all appropriate entries of subject
merchandise at the rate of $3.87 per kilogram.
For any respondent that was not selected for individual examination
in this administrative review, but which qualified for a separate rate,
i.e., Green Farms, we will instruct, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise at the rate of
$1.94 per kilogram.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
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 Vietnamese 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 Vietnamese exporter that supplied that non-
Vietnamese 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
[[Page 50701]]
could result in Commerce's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.213.
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Standing
V. Partial Rescission of Review
VI. Preliminary Determination of No Shipments
VII. Application of Facts Available and Adverse Inferences
VIII. Discussion of the Methodology
IX. Recommendation
Appendix II--Companies for Which We Are Rescinding the Review
1. Ben Tre Aquaproduct Import and Export Joint Stock Company (aka
Bentre Aquaproduct)
2. Bien Dong Hau Giang Seafood Joint Stock Company (aka Bien Dong HG
or Bien Dong Hau Giang Seafood Joint Stock Co.)
3. Bien Dong Seafood Company Ltd. (aka Bien Dong, Bien Dong Seafood,
Bien Dong Seafood Co., Ltd., Biendong Seafood Co., Ltd., or Bien
Dong Seafood Limited Liability Company)
4. Fatifish Company Limited (aka FATIFISH or FATIFISHCO)
5. GODACO Seafood Joint Stock Company (aka GODACO, GODACO Seafood,
GODACO_SEAFOOD, or GODACO Seafood J.S.C.)
6. Golden Quality Seafood Corporation (aka Golden Quality,
GoldenQuality, or GoldenQuality Seafood Corporation)
7. Hung Vuong-Mien Tay Aquaculture Corporation (aka HVMT or Hung
Vuong Mien Tay Aquaculture Joint Stock Company)
8. Hung Vuong Seafood Joint Stock Company
9. International Development & Investment Corporation (aka IDI or
International Development and Investment Corporation)
10. Nha Trang Seafoods, Inc. (aka Nha Trang Seafoods, Nha Trang
Seafoods-F89, or Nha Trang Seaproduct Company)
11. Seavina Joint Stock Company (aka Seavina)
12. Thanh Binh Dong Thap One Member Company Limited (aka Thanh Binh
Dong Thap or Thanh Binh Dong Thap Ltd.)
13. Vinh Hoan Corporation (aka Vinh Hoan, Vinh Hoan Co., or Vinh
Hoan Corp.) \16\
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\16\ The Vinh Hoan Corporation is a single entity that also
includes Van Duc Food Export Joint Stock Company and Van Duc Tien
Giang Food Export Company.
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Appendix III--Companies With No Shipments During the POR
1. Ben Tre Forestry and Aquaproduct Import-Export Joint Stock
Company (aka Faquimex, or Ben Tre)
2. C.P. Vietnam Corporation
3. Cafatex Corporation (aka Cafatex)
4. Cantho Import-Export Seafood Joint Stock Company (aka CASEAMEX,
Cantho Import Export Seafood Joint Stock Company, Cantho Import-
Export Joint Stock Company, Can Tho Import Export Seafood Joint
Stock Company, Can Tho Import-Export Seafood Joint Stock Company, or
Can Tho Import-Export Joint Stock Company)
5. Colorado Boxed Beef Company (aka CBBC)
6. Dai Thanh Seafoods Company Limited (aka DATHACO)
7. The Great Fish Company LLC
8. Hai Huong Seafood Joint Stock Company (aka HHFish, HH Fish, or
Hai Huong Seafood)
9. Hung Vuong Group \17\
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\17\ Hung Vuong Group is a single entity comprised of the
following individual companies: (1) An Giang Fisheries Import and
Export Joint Stock Company; (2)Asia Pangasius Company Limited; (3)
Hung Vuong Ben Tre Seafood Processing Company Limited; (4) Europe
Joint Stock Company; (5) Hung Vuong-Sa Dec Co., Ltd.; (6) Hung
Vuong-Vinh Long Co. Ltd.; (7) Hung Vuong Corporation; and (8) Hung
Vuong Mascato Company Limited.
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10. Nam Viet Corporation (aka NAVICO)
11. PREFCO Distribution LLC
12. QMC Foods, Inc.
13. Riptide Foods
14. QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD
Aquaculture) \18\
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\18\ QVD is a single entity that also includes QVD Dong Thap
Food Co., Ltd. and Thuan Hung Co., Ltd.
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15. Vinh Quang Fisheries Corporation (aka Vinh Quang, Vinh Quang
Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh
Quang Fisheries Co., Ltd.)
Appendix IV--Companies Not Eligible for a Separate Rate
1. Anchor Seafood Corp.
2. An Phat Import-Export Seafood Co., Ltd. (aka An Phat Seafood Co.
Ltd. or An Phat Seafood Co., Ltd.)
3. Anvifish Joint Stock Company (aka Anvifish, Anvifish JSC, or
Anvifish Co., Ltd.)
4. Basa Joint Stock Company (aka BASACO)
5. Binh Dinh Import Export Company (aka Binh Dinh)
6. Cadovimex II Seafood Import-Export and Processing Joint Stock
Company (aka Cadovimex II)
7. Can Tho Animal Fishery Products Processing Export Enterprise
8. Cuu Long Fish Import-Export Corporation (aka CL Panga Fish)
9. Cuu Long Fish Joint Stock Company (aka CL-Fish, CL-FISH CORP, or
Cuu Long Fish Joint Stock Company)
10. GF Seafood Corp.
11. Go Dang An Hiep One Member Limited Company
12. Go Dang Ben Tre One Member Limited Liability Company
13. Hoa Phat Seafood Import-Export and Processing J.S.C. (aka
HOPAFISH, Hoa Phat Seafood Import-Export and Processing Joint Stock
Company, Hoa Phat Seafood Import-Export and Processing JSC)
14. Hoang Long Seafood Processing Company Limited (aka HLS)
15. Indian Ocean One Member Company Limited (aka Indian Ocean Co.,
Ltd.)
16. Lian Heng Investment Co., Ltd. (aka Lian Heng or Lian Heng
Investment)
17. Lian Heng Trading Co., Ltd. (aka Lian Heng or Lian Heng Trading)
18. Nam Phuong Seafood Co., Ltd. (aka Nam Phuong, or NAFISHCO)
19. New Food Import, Inc.
20. NTACO Corporation (aka NTACO)
21. Seafood Joint Stock Company No. 4 (aka SEAPRIEXCO No. 4)
22. Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries
Processing Company (aka DOTASEAFOODCO or Seafood Joint Stock Company
No. 4--Branch Dong Tam Fisheries Processing Company)
23. Southern Fishery Industries Company, Ltd. (aka South Vina)
24. Thanh Hung Co., Ltd. (aka Thanh Hung Frozen Seafood Processing
Import Export Co., Ltd.)
25. Thien Ma Seafood Co., Ltd (aka THIMACO)
26. Thuan An Production Trading and Service Co., Ltd. (aka TAFISHCO)
27. To Chau Joint Stock Company (aka TOCHAU, TOCHAU JSC, or TOCHAU
Joint Stock Company)
28. Viet Hai Seafood Company Limited (aka Viet Hai)
29. Viet Phu Foods and Fish Corporation (aka Vietphu)
30. Viet Phu Foods & Fish Co., Ltd.
31. Vietnam Seaproducts Joint Stock Company (aka Seaprodex or
Vietnam Seafood Corporation--Joint Stock Company)
32. Vinh Long Import-Export Company (aka Vinh Long)
[FR Doc. 2021-19519 Filed 9-9-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.