Notice2022-05859
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Primary source
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Published
March 21, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that NTSF Seafoods Joint Stock Company (NTSF), an exporter of certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) August 1, 2019, through July 31, 2020. Commerce also 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. Further, Commerce determines 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.
Full Text
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<title>Federal Register, Volume 87 Issue 54 (Monday, March 21, 2022)</title>
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[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 15912-15915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that NTSF
Seafoods Joint Stock Company (NTSF), an exporter of certain frozen fish
fillets (fish fillets) from the Socialist Republic of Vietnam
(Vietnam), did not sell subject merchandise in the United States at
prices below normal value during the period of review (POR) August 1,
2019, through July 31, 2020. Commerce also 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. Further, Commerce determines 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.
DATES: Applicable March 21, 2022.
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 September 10, 2021, Commerce published the preliminary results
of this administrative review and invited interested parties to
comment.\1\ On November 16, 2021, Green Farms, the petitioners,\2\ and
Colorado Boxed Beef Company (CBBC) \3\ submitted case briefs.\4\ On
November 29, 2021, the petitioners, CBBC, Nam Viet Corporation (NAVICO)
\5\ and NTSF submitted rebuttal briefs.\6\
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\1\ See 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, 86
FR 50698 (September 10, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ 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. (collectively, the petitioners).
\3\ CBBC is a domestic wholesaler of fish fillets.
\4\ See Green Farm's Letter, ``AR17 Case Brief on Behalf of
Green Farms Seafood Joint Stock Company,'' dated November 16, 2021;
Petitioners' Letter, ``Case Brief of the Catfish Farmers of America,
et al.,'' dated November 16, 2021; and CBBC's Letter, ``AR17 Case
Brief on behalf of Colorado Boxed Beef Company,'' dated November 16,
2021.
\5\ NAVICO is an exporter of fish fillets from Vietnam.
\6\ See NAVICO's Letter, ``Rebuttal Brief of Nam Viet
Corporation,'' dated November 29, 2021; see also CBBC's Letter,
``Colorado Boxed Beef Company Rebuttal to CFA's Case Brief,'' dated
November 29, 2021; NTSF's Letter, ``Rebuttal Brief,'' dated November
29, 2021; and Petitioners' Letter, ``Rebuttal Brief of the Catfish
Farmers of America, et al.,'' dated November 29, 2021.
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On December 22, 2021, we extended the deadline for issuance of
these final results to March 9, 2022.\7\ In February 2022, we requested
that the petitioners refile a submission made prior to the Preliminary
Results after revising their bracketing of certain information
designated as business proprietary information, and we permitted
interested parties to comment on the newly public information.\8\ On
February 15, 2022, we held a public hearing.\9\
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\7\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 22, 2021.
\8\ See Memorandum, ``Refiled Submission--Rebuttal Factual
Information,'' dated February 2, 2022; see also CBBC's Letter,
``Colorado Boxed Beef Company Response to Petitioners' Revised
Double Bracket Submission,'' dated February 7, 2022; NAVICO's
Letter, ``Rebuttal Comments on Previously Double Bracketed
Submission,'' dated February 7, 2022; Petitioners' Letter, ``Reply
to Navico's and CBBC's February 7, 2022, Rebuttal Comments,'' dated
February 10, 2022; and CBBC's Letter, ``CBBC Comments on Navico's
Double Bracket Comments,'' dated February 10, 2022.
\9\ See Transcript, ``United States of America, Department of
Commerce, Enforcement and Compliance: Public Hearing in the Matter
of: the Administrative Review of the Antidumping Order on Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam,'' dated
February 15, 2022.
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Scope of the Order <SUP>10</SUP>
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\10\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003) (Order).
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The products covered by the Order are frozen fish fillets,
including regular, shank, and strip fillets and portions thereof,
whether or not breaded or marinated, of the species Pangasius Bocourti,
Pangasius Hypophthalmus (also known as Pangasius Pangasius) and
Pangasius Micronemus. For a complete description of the scope of this
order, see the Issues and Decision Memorandum.\11\
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\11\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum), at 3.
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed by interested parties in the Issues and Decision Memorandum.
Attached to this notice, in Appendix I, is a list of the issues which
parties raised. The Issues and 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
15 companies had no shipments of subject merchandise during the
POR.\12\ Following the publication of the Preliminary Results, we
received no comments from interested parties regarding 14 of these
companies, nor
[[Page 15913]]
has any party submitted record evidence which would call our
preliminary no shipment determination into question for these
companies. Therefore, for these final results, we find that these 14
companies had no shipments during the POR. For a list of the companies
for which we made a no-shipment determination in these final results,
see Appendix II.
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\12\ See Preliminary Results, 86 FR at 50699.
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With respect to the remaining company, NAVICO, we received comments
from interested parties requesting that Commerce reevaluate our no-
shipment determination. However, for the reasons explained in the
Issues and Decision Memorandum, Commerce also continues to find that
NAVICO had no shipments during the POR.\13\
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\13\ See Issues and Decision Memorandum at Comment 9.
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Consistent with our practice, we will issue appropriate
instructions to Customs and Border Protection (CBP).\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Separate Rates
We continue to find that the non-individually-examined exporter
Green Farms and individually-examined respondents ESS and NTSF have
demonstrated eligibility for separate rates.\15\ As noted below, we
have assigned Green Farms the average of the rates established for ESS
and NTSF, consistent with our practice in administrative reviews and
section 735(c)(5)(B) of the Tariff Act of 1930, as amended (the
Act).\16\
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\15\ See Issues and Decision Memorandum at Comments 6 and 7.
\16\ Id. at Comment 8.
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Vietnam-Wide Entity
In the Preliminary Results, Commerce found that certain additional
companies for which a review was requested did not establish
eligibility for a separate rate.\17\ We have received no information
since the issuance of the Preliminary Results that provides a basis for
reconsidering this preliminary finding. Therefore, Commerce continues
to find that these companies are part of the Vietnam-wide entity.\18\
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\17\ See Preliminary Results, 86 FR at 50699.
\18\ See Appendix III.
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Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Act, Commerce has
assigned ESS a dumping margin of $3.87 per kilogram 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 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 information request by the
applicable deadline, pursuant to section 776(b) of the Act. For further
information, see Comment 6 in the Issues and Decision Memorandum.
Changes Since the Preliminary Results
We made no changes from the Preliminary Results.
Final Results of Administrative Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
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Weighted- average
Exporter dumping margin
(dollars per kilogram)
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NTSF Seafoods Joint Stock Company.............. 0.00
East Sea Seafoods Joint Stock Company.......... * 3.87
Review-Specific Rate Applicable to the
Following Company: \19\
Green Farms Seafood Joint Stock Company.... 1.94
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* This rate was determined wholly under section 776 of the Act.
Assessment Rates
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\19\ 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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Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue appropriate
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).
For NTSF, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. Pursuant to Commerce's assessment
practice, for entries of NTSF's merchandise that were not reported in
the U.S. sales data submitted by NTSF during this review, Commerce will
instruct CBP to liquidate such entries at the Vietnam-wide entity rate.
Because Commerce determined 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. Because we assigned a
rate of $1.94 per kilogram to Green Farms in the final results of this
review, we will instruct, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise at the rate of $1.94 per
kilogram.
Where we determined that an exporter under review had no shipments
of the subject merchandise to the United States during the POR, any
suspended entries that entered during the POR under that exporter's CBP
case number will be liquidated at a rate of $2.39 per kilogram, the
rate for the Vietnam-wide entity, consistent with Commerce's assessment
practice.\20\ Likewise, for companies that were found to be ineligible
for a separate rate, we will instruct CBP to liquidate entries of
subject merchandise exported by such companies at a rate of $2.39 per
kilogram, the rate for the Vietnam-wide entity.
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication
[[Page 15914]]
date, as provided for by section 751(a)(2)(C) of the Act: (1) For the
companies listed above, the cash deposit rate will be equal to the
dumping margin established in the final results of this review (except,
if the rate is zero or de minimis, then the cash deposit rate will be
zero); (2) for previously examined Vietnamese and non-Vietnamese
exporters not listed above that maintain separate rates 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, 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 have not
received their own 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(l) and 777(i) of the Act.
Dated: March 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
Comment 1: Colorado Boxed Beef Company (CBBC)'s Standing to
Request a Review
Comment 2: Whether to Calculate a Margin for NTSF Seafoods Joint
Stock Company (NTSF)
Comment 3: Unit for NTSF's Reported Fingerling Consumption
Comment 4: Whether to Grant NTSF's Dead Fish and Fish Fat By-
Product Offsets
Comment 5: Whether to Rely on NTSF's Reported Water Allocation
Methodology
Comment 6: Whether to Apply Adverse Facts Available (AFA) to
East Sea Seafoods (ESS)
Comment 7: Separate-Rate Status for Green Farms Seafood (Green
Farms)
Comment 8: Selection of a Separate Rate
Comment 9: Nam Viet Corporation (NAVICO) and Its Affiliation
with Company X
Comment 10: Selection of Surrogate Country
VI. Recommendation
Appendix II
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 \21\
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\21\ 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) \22\
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\22\ 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 III
Vietnam-Wide Entity
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
[[Page 15915]]
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. 2022-05859 Filed 3-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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