Notice2022-19773
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2020-2021
Primary source
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Published
September 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that 15 companies had no shipments of certain frozen fish fillets from the Socialist Republic of Vietnam (Vietnam) during the period of review (POR) August 1, 2020, through July 31, 2021. Commerce also determines that one company subject to this review is part of the Vietnam-wide entity because it did not demonstrate eligibility for a separate rate.
Full Text
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<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 55996-55997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19773]
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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; Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 15
companies had no shipments of certain frozen fish fillets from the
Socialist Republic of Vietnam (Vietnam) during the period of review
(POR) August 1, 2020, through July 31, 2021. Commerce also determines
that one company subject to this review is part of the Vietnam-wide
entity because it did not demonstrate eligibility for a separate rate.
DATES: Applicable September 13, 2022.
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 May 12, 2022, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On June 17, 2022, we received
a case brief from the petitioners.\2\ On June 24, 2022, we received
rebuttal briefs from Nam Viet Corporation (NAVICO) \3\ and from Green
Farms Seafood Joint Stock Company (Green Farms) and Hung Vuong Group
(HVG).\4\
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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; 2020-2021, 87
FR 29113 (May 12, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Petitioners' Letter, ``Case Brief,'' dated June 17,
2022. The petitioners are the 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.
\3\ See NAVICO's Letter, ``Rebuttal Case Brief,'' dated June 24,
2022.
\4\ See Green Farms/HVG's Letter, ``AR18 Rebuttal Case Brief on
behalf of Green Farms and Hung Vuong Group,'' dated June 24, 2022.
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Scope of the Order <SUP>5</SUP>
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\5\ 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.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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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. A
list of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum is attached to this notice in appendix
I. 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="https://access.trade.gov">https://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>.
Changes Since the Preliminary Results
Based on a review of the record and the comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, we made no changes to the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
15 companies had no shipments of subject merchandise during the POR.\7\
Following the publication of the Preliminary Results, we received
comments from interested parties concerning our no shipment
determinations regarding two of these companies, GODACO Seafood Joint
Stock Company and Fatifish Company Limited.\8\ However, no party
identified record evidence which would call our preliminary no shipment
determinations into question.\9\ Therefore, for these final results, we
find that all 15 companies had no shipments during the POR. See
appendix II.
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\7\ See Preliminary Results, 87 FR 29113.
\8\ See Issues and Decision Memorandum.
\9\ Id.
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Vietnam-Wide Entity
In the Preliminary Results, Commerce stated that Hoa Phat Seafood
Import-Export and Processing J.S.C. (Hoa Phat) did not establish
eligibility for a separate rate.\10\ We received no information or
comments since the issuance of the Preliminary Results that provides a
basis for reconsidering the preliminary finding. Accordingly, we
continue to find that Hoa Phat is not eligible for a separate rate and
is part of the Vietnam-wide entity.
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\10\ See Preliminary Results, 87 FR 29114.
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Assessment Rates
We have not calculated any assessment rates in this administrative
review. 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 U.S. Customs and Border Protection (CBP) case number will be
liquidated at a rate of $2.39 per kilogram, the rate for the Vietnam-
wide entity.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Likewise, for the company that was found to be ineligible for a
separate rate, i.e., Hoa Phat, we will instruct CBP to liquidate
entries of subject merchandise exported by the company at a rate of
$2.39 per kilogram, the rate for the Vietnam-wide entity.
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 administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (Act): (1)
the cash deposit
[[Page 55997]]
rates for the 15 companies in Appendix II will remain unchanged from
the rates assigned to them in the most recently-completed segment for
each company, as applicable; (2) for previously investigated or
reviewed Vietnamese and non-Vietnamese exporters that maintain their
eligibility for a separate rate, the cash deposit rate will continue to
be the exporter-specific rate published for the most recently-completed
segment of this proceeding; (3) for all Vietnamese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be $2.39 per kilogram, the rate
established for the Vietnam-wide entity; 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 exporters that supplied that non-Vietnamese exporter. These
cash 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)(2) 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 an
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). 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 in accordance
with sections 751(a)(l) and 777(i) of the Act, and 19 CFR 351.213(h).
Dated: September 7, 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. Discussion of the Issue
Comment: Commerce Should Ensure that All Subject Merchandise Is
Subject to the Appropriate Duties
V. Recommendation
Appendix II
Companies With No Shipments During the POR
1. C.P. Vietnam Corporation
2. CAFATEX Corporation (also known as Cafatex)
3. Dai Thanh Seafoods Company Limited (also known as DATHACO, Dai
Thanh Seafoods or Dai Thanh Seafoods Co., Ltd.)
4. Fatifish Company Limited (also known as FATIFISH or FATIFISHCO)
5. GODACO Seafood Joint Stock Company (also known as GODACO, GODACO
Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.)
6. Golden Quality Seafood Corporation (also known as Golden Quality,
GoldenQuality, GOLDENQUALITY, or GoldenQuality Seafood Corporation)
7. Green Farms Seafood Joint Stock Company (also known as Green
Farms, Green Farms Seafood JSC, GreenFarm SeaFoods Joint Stock
Company, or Green Farms Seafoods Joint Stock Company)
8. Hai Huong Seafood Joint Stock Company (also known as HHFish, HH
Fish, or Hai Huong Seafood)
9. Hung Vuong Group \12\
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\12\ Hung Vuong Group is a single entity comprised of the
following individual companies: (1) An Giang Fisheries Import and
Export Joint Stock Company (also known as Agifish, AnGiang Fisheries
Import and Export, An Giang Fisheries Import & Export Joint Stock
Company); (2) Asia Pangasius Company Limited (also known as ASIA);
(3) Hung Vuong Ben Tre Seafood Processing Company Limited (also
known as Ben Tre, HVBT, or HVBT Seafood Processing VBT, or HVBT
Seafood Processing); (4) Europe Joint Stock Company (also known as
Europe JSC or EJS CO.); (5) Hung Vuong Corporation (also known as
HVC, HV Corp. or Hung Vuong Joint Stock Company); (6) Hung Vuong-Sa
Dec Co., Ltd. (also known as Hung Vuong Sa Dec Company Limited); (7)
Hung Vuong-Vinh Long Co. Ltd. (also known as Hung Vuong Vinh Long
Company Limited); and (8) Hung Vuong Mascato Company Limited.
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10. Nam Viet Corporation (also known as NAVICO)
11. QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD
Aquaculture) \13\
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\13\ QVD is a single entity that also includes QVD Dong Thap
Food Co., Ltd. (also known as Dong Thap or QVD DT) and Thuan Hung
Co., Ltd. (also known as THUFICO).
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12. Southern Fishery Industries Company, Ltd. (also known as
South Vina, South Vina Co., Ltd., Southern Fishery Industries Co.,
Ltd., Southern Fisheries Industries Company, Ltd., or Southern
Fisheries Industries Company Limited)
13. To Chau Joint Stock Company (also known as TOCHAU, TOCHAU
JSC, or TOCHAU Joint Stock Company)
14. Viet Hai Seafood Company Limited (also known as Viet Hai,
Viet Hai Seafood Co., Ltd., Viet Hai Seafood Co., Vietnam Fish-One
Co., Ltd., or Fish One)
15. Vinh Quang Fisheries Corporation (also known as Vinh Quang,
Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock
Company, or Vinh Quang Fisheries Co., Ltd.)
[FR Doc. 2022-19773 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2022.
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