Notice2023-19337
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Notice of Intent To Rescind, in Part; 2021-2022
Primary source
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Published
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam). The period of review (POR) is August 1, 2021, through July 31, 2022. Commerce preliminarily determines that certain exporters made sales of subject merchandise at prices below NV during the POR, and that 10 exporters did not have shipments during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61525-61527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19337]
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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 Notice of Intent To
Rescind, in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain frozen
fish fillets (fish fillets) from the Socialist Republic of Vietnam
(Vietnam). The period of review (POR) is August 1, 2021, through July
31, 2022. Commerce preliminarily determines that certain exporters made
sales of subject merchandise at prices below NV during the POR, and
that 10 exporters did not have shipments during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable September 7, 2023.
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
or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, Commerce initiated an administrative review of
the antidumping duty order on fish fillets from Vietnam in accordance
with 19 CFR 351.221(c)(1)(i) and section 751(a) of the Tariff Act of
1930, as amended (the Act).\1\ This review covers 25 exporters,
including the Vietnam-wide entity.\2\ We selected two exporters, Vinh
Hoan Corporation (Vinh Hoan) and Can Tho Import Export Seafood Joint
Stock Company (CASEAMEX), for individual examination as mandatory
respondents.\3\ On April 19, 2023, Commerce extended the deadline for
these preliminary results to August 31, 2023.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated January 8,
2021 (Respondent Selection Memorandum). The Initiation Notice listed
134 company/entity names. See Initiation Notice, 87 FR at 61281-84.
We treated all companies (i.e., 109 companies) without a preliminary
separate rate (or an existing separate rate and a no shipment claim)
as part of the Vietnam-wide entity.
\3\ See Respondent Selection Memorandum. See also Memorandum,
``Selection of Replacement Respondent for Individual Review,'' dated
February 3, 2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated April 19, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics discussed in the Preliminary Decision Memorandum
is included in Appendix I 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(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.
Preliminary Determination of No Shipments
Based on an analysis of information from U.S. Customs and Border
Protection (CBP) and letters filed by 10 companies certifying no
shipments, Commerce preliminarily determines that the companies listed
in Appendix III had no shipments during the POR.\6\ For additional
information regarding this finding, see the Preliminary Decision
Memorandum.
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\6\ Three additional exporters also certified that they had no
shipments during the POR. However, because these exporters have not
established their eligibility for a separate rate, we consider them
to be part of the Vietnam-wide entity. Thus, we preliminarily find
that it would be inappropriate to make an individual no-shipment
determination with respect to these exporters. Additionally, certain
other companies that filed no shipment statements are among the
companies for which we have announced our intent to rescind this
review. See Appendix II.
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Consistent with our assessment practice in non-market economy (NME)
administrative reviews, Commerce is not rescinding this review for
these 10 companies but, instead, 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 CASEAMEX, Vinh Hoan, and four separate
rate applicants (Cafatex Corporation, International Development and
Investment Corporation, Loc Kim Chi Seafood Joint Stock Company, and
the Hung Vuong Corporation) demonstrates that these companies are
entitled to separate rate status. For additional information, see the
Preliminary Decision Memorandum.
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. In this administrative review, the petitioners \8\
[[Page 61526]]
requested a review of the Vietnam-wide entity,\9\ and, therefore, the
entity is under review in this segment of the proceeding. With the
exception of the six companies which established their eligibility for
a separate rate, and the companies listed in Appendices II and III,
Commerce considers all companies under review to be part of the
Vietnam-wide entity. For additional information, see the Preliminary
Decision Memorandum and the ``Dumping Margin for Exporters Not Selected
for Individual Review'' section below.
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\8\ 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.
\9\ See Petitioners' Letter, ````Request for Administrative
Review,'' dated August 31, 2022.
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Notice of Intent To Rescind the Review, in Part
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. Commerce has preliminarily
declined to find that one of the requestors had standing to request
review during the POR.\10\ If this determination is unchanged when
Commerce issues its final results in this review, it will rescind this
review with respect to all companies for which there are no remaining
review requests. These companies are listed in Appendix II. Commerce is
not implementing a final rescission at this time, because its decision
regarding the validity of certain requests is not final.
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\10\ For additional information, see ``Standing'' section in the
PDM.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) of the Act. We have calculated export price and
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.
Dumping Margins for Exporters Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to apply to exporters not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for respondents that are not individually examined
in an administrative review. Section 735(c)(5)(A) of the Act provides
that the all-others rate should be calculated by averaging the
weighted-average dumping margins calculated for individually-examined
respondents, excluding dumping margins that are zero, de minimis, or
based entirely on facts available. Because we calculated a dumping
margin of zero or de minimis for Vinh Hoan, and a dumping margin that
is not zero, de minimis, or based on entirely on facts available for
CASEAMEX, we assigned exporters that we did not individually examine
(including the Vietnam-wide entity) a dumping margin equal to
CASEAMEX's dumping margin, consistent with Commerce's practice and
section 735(c)(5)(A) of the Act.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period August 1, 2021,
through July 31, 2022:
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Weighted-
average
dumping
Exporter margin
(dollars per
kilogram)
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Vinh Hoan Corporation................................... $0.00
Can Tho Import Export Seafood Joint Stock Company....... 0.14
Loc Kim Chi Seafood Joint Stock Company................. * 0.14
International Development and Investment Corporation.... * 0.14
Hung Vuong Corporation.................................. * 0.14
Cafatex Corporation..................................... * 0.14
Vietnam-wide Entity..................................... * 0.14
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* This rate is based on the rate calculated for Can Tho Import Export
Seafood Joint Stock Company.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information submitted by Vinh Hoan in advance of the final
results of this review.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days of the date of publication of this notice.\11\ Pursuant to 19
CFR 351.309(c)(1)(ii), interested parties may submit case briefs no
later than seven days after the date on which the final verification
report is issued in this review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than seven days after
the date for filing case briefs.\12\ Parties who submit case 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.\13\ Case and rebuttal briefs
should be filed using ACCESS and must be served on interested
parties.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule, 85 FR at 41363-64.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\16\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in case
and rebuttal briefs.\17\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined. A
hearing request must be filed electronically using ACCESS and received
in its entirety by 5:00 p.m. Eastern Time within 30 days after the
publication of this notice.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. Pursuant to 19 CFR 351.212(b)(1), if the weighted-average
dumping margin for CASEAMEX or Vinh Hoan is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
will calculate importer-specific (or customer-specific) per-unit
assessment rates by dividing the amount of dumping for reviewed sales
to the importer or customer by the total sales quantity associated with
those
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transactions. If either respondent's weighted-average dumping margin is
zero or de minimis in the final results of review, or if an importer-
specific or customer-specific assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review, and for future deposits of estimated duties,
where applicable.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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For any respondent that was not selected for individual examination
in this administrative review, including the Vietnam-wide entity,
Commerce will instruct, and CBP shall assess, antidumping duties on all
appropriate entries of subject merchandise at the rate of $0.14 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
de minimis, in which case the 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 base
on a prior completed segment of this proceeding, the cash deposit rate
will continue to the be the existing exporter-specific cash deposit
rate; (3) for all non-Vietnamese exporters of subject merchandise which
at the time of entry do not have a separate rate, the cash deposit rate
will be the rate applicable to the Vietnamese exporter that supplied
the non-Vietnamese exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice 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 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 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) of the Act, and
19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Standing
V. Intent To Rescind the Review, In Part
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
Companies for Which Commerce Intends To Rescind the Review
Bien Dong Seafood Company Ltd. (also known as Bien Dong, Bien Dong
Seafood, Bien Dong Seafood Co., Ltd., Biendong Seafood Co., Ltd.,
Bien Dong Seafood Limited Liability Company or Bien Dong Seafoods
Co., Ltd.)
C.P. Vietnam Corporation (also known as C.P. Vietnam Corp.)
Dai Thanh Seafoods Company Limited (also known as DATHACO, Dai Thanh
Seafoods or Dai Thanh Seafoods Co., Ltd.)
East Sea Seafoods LLC (also known as East Sea Seafoods Limited
Liability Company, ESS LLC, ESS, ESS JVC, or East Sea Seafoods Joint
Venture Co., Ltd.)
Hai Huong Seafood Joint Stock Company (also known as HHFish, HH
Fish, or Hai Huong Seafood)
NTSF Seafoods Joint Stock Company (also known as NTSF, NTSF Seafoods
or Ntsf Seafoods Jsc)
PREFCO Distribution, LLC.
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.)
Appendix III
Companies With No Shipments During the POR
Fatifish Company Limited (also known as FATIFISH or FATIFISHCO or
Fatfish Co., Ltd.)
GF Seafood Corp.
Green Farms Seafood JSC
GODACO Seafood Joint Stock Company (also known as GODACO, GODACO
Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.)
Golden Quality Seafood Corporation (also known as Golden Quality,
GoldenQuality, GOLDENQUALITY, or GoldenQuality Seafood Corporation)
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)
Nam Viet Corporation (also known as NAVICO)
Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89, Nha
Trang Seafoods, or Nha Trang Seaproduct Company)
QMC Foods, Inc.
QVD Food Co., Ltd.*
* This is a collapsed entity comprised of QVD Food Co., Ltd, QVD
Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD DT), and
Thuan Hung Co., Ltd. (also known as THUFICO).
[FR Doc. 2023-19337 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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