Notice2023-06468
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review
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
March 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has determined that a request for a new shipper review (NSR) of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (Vietnam) meets the statutory and regulatory requirements for initiation. The period of review (POR) for the NSR is August 1, 2022, through January 31, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
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[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18520-18521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06468]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
a request for a new shipper review (NSR) of the antidumping duty order
on certain frozen fish fillets from the Socialist Republic of Vietnam
(Vietnam) meets the statutory and regulatory requirements for
initiation. The period of review (POR) for the NSR is August 1, 2022,
through January 31, 2023.
DATES: Applicable March 29, 2023.
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
Commerce published the antidumping duty order on certain frozen
fish fillets from Vietnam on August 12, 2003.\1\ On February 14, 2023,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(c), Commerce received a timely
NSR request from Co May Import Export Company Limited (Co May).\2\
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\1\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003) (Order).
\2\ See Co May's Letter, ``Request for New Shipper Review--Co
May Import Export Company Limited,'' dated February 14, 2023 (Co May
NSR Request).
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In its submission, Co May certified that it is the producer and
exporter of the subject merchandise cover by this NSR request.\3\
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Co May certified that it did not export certain
frozen fish fillets to the United States during the period of
investigation (POI).\4\ Additionally, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Co May
certified that, since the initiation of the underlying investigation,
it has not been affiliated with any producer or exporter that exported
certain frozen fish fillets to the United States during the POI,
including those not individually examined during the investigation.\5\
Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Co May included a
certification that its export activities are not controlled by the
central government of Vietnam.\6\ Pursuant to 19 CFR 351.214(b)(2)(iv),
Co May certified that it would provide necessary information related to
the unaffiliated customer in the United States during the NSR.\7\ Co
May also provided a certification by its unaffiliated customer of its
willingness to participate in the NSR.\8\
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\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ Id.
\7\ See Co May's Letter, ``Co May Import Export Company
Limited--Supplemental Response,'' dated March 22, 2023 (Co May March
22, 2023 SQR).
\8\ See Co May NSR Request at Exhibit 2.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(v), Co May submitted documentation establishing the
following: (1) the date on which the subject merchandise was first
entered, or withdrawn from warehouse, for consumption; (2) the volume
of its first shipment and any subsequent shipments, including whether
such shipments were made in commercial quantities; and (3) the date of
its first sale and any subsequent sales to an unaffiliated customer in
the United States.\9\
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\9\ Id. at Exhibits 3 and 4.
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Additionally, Co May submitted documentation establishing the
circumstances surrounding such sale(s), including: (1) the price of
such sale(s); (2) any expenses arising from such sale(s); (3) whether
the subject merchandise involved in such sale(s) was resold in the
United States at a profit; and (4) whether such sale(s) was (were) made
on an arm's-length basis.\10\ Co May also submitted documentation
regarding its business activities, including, where applicable: (1)
offers to sell merchandise in the United States; (2) an identification
of the complete circumstances surrounding its sale(s) to the United
States, as well as any home market or third country sales; and (3) an
identification of its relationship to the first unaffiliated U.S.
purchaser.\11\
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\10\ Id. at Exhibits 4 and 5; see also Co May March 22, 2023
SQR.
\11\ See Co May NSR Request at Exhibits 1 and 6.
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Commerce conducted a query of U.S. Customs and Border Protection
(CBP) data and corroborated the existence of a suspended/Type 3 entry
made by Co May.\12\ Section 351.214(b) of Commerce's regulations allows
Commerce to accept an NSR request when a company exported, or sold for
export, subject merchandise to the United States, and can sufficiently
demonstrate the existence of a bona fide sale for initiation
purposes.\13\ As Co May's submission satisfies these requirements, we
are initiating an NSR.
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\12\ See Memorandum, ``CBP Data Query Results,'' dated
concurrently with this notice.
\13\ See 19 CFR 351.214(b).
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Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately following the semi-annual
anniversary month will be the six-month period immediately preceding
the semi-annual anniversary month. Therefore, the POR for this NSR is
August 1, 2022, through January 31, 2023.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, we find that Co May's NSR
Request meets the threshold requirements for initiation of an NSR of
its shipments of certain frozen fish fillets to the United States.\14\
However, if the information supplied by Co May is later found to be
incorrect or insufficient during the course of this NSR, Commerce may
rescind the review or apply adverse facts available, pursuant to
section 776 of the Act, as appropriate. Pursuant to 19 CFR
351.221(c)(1)(i), Commerce will publish the notice of initiation of an
NSR no later than the last day of the month following the anniversary
or semi-annual anniversary month of the order. Commerce intends to
issue the preliminary results of this review no later than 180 days
from the date of initiation, and the final results of this review no
later than 90 days after the date the preliminary results are
issued.\15\
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\14\ See generally Co May NSR Request.
\15\ See section 751(a)(2)(B)(iii) of the Act.
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It is Commerce's practice in cases involving non-market economies
to require that a company seeking to establish eligibility for an
antidumping duty rate separate from the country wide rate (i.e.,
separate rate) provide evidence of de jure and de facto absence of
government control over the company's export activities.\16\
[[Page 18521]]
Accordingly, Commerce will issue questionnaires to Co May requesting,
inter alia, information regarding its export activities for the purpose
of determining whether it is eligible for a separate rate. The review
of the exporter will proceed if the response provides sufficient
indication that the exporter is not subject to either de jure or de
facto government control with respect to its exports of certain frozen
fish fillets.
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\16\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations Involving Non-Market Economy
Countries,'' dated April 15, 2005, available at <a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\17\ Because Co May certified that it exported
subject merchandise, the sale of which is the basis for its NSR
request, Commerce will instruct CBP to suspend or continue to suspend
liquidation of all entries of subject merchandise produced and exported
by Co May. To assist in its analysis of the bona fide nature of Co
May's sale(s), upon initiation of this NSR, Commerce will require Co
May to submit, on an ongoing basis, complete transaction information
concerning any sales of subject merchandise to the United States that
were made subsequent to the POR. Further, in accordance with section
751(a)(2)(B)(iv)(VII) of the Act and 19 CFR 351.214(k), Co May will be
required to provide information regarding the following factors for
Commerce's consideration in determining whether the sale(s) made by Co
May during the POR are bona fide: (1) whether the producer, exporter,
or customer was established for purposes of making the sale(s) in
question after the imposition of the relevant antidumping duty order;
(2) whether the producer, exporter, or customer has lines of business
unrelated to the subject merchandise; (3) the quantity of sales; and
(4) any other factor that Commerce determines to be relevant with
respect to the future selling behavior of the producer or exporter,
including any other indicia that the sale was not commercially viable.
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\17\ The Act was amended by the Trade Facilitation and Trade
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR. This was also codified in
Commerce's regulations at 19 CFR 351.214(e).
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Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306.
This initiation notice is published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: March 23, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-06468 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 29, 2023.
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