Notice2024-01791
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of New Shipper Review; 2022-2023
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
January 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting a new shipper review (NSR) of Co May Import Export Company Limited (Co May) regarding the antidumping duty (AD) order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam). The period of review (POR) is August 1, 2022, through January 31, 2023. We have preliminarily determined that Co May's sale was a bona fide transaction, and that the sale was not made below normal value (NV). Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 20 (Tuesday, January 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5862-5863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01791]
[[Page 5862]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Results of New Shipper Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting a new
shipper review (NSR) of Co May Import Export Company Limited (Co May)
regarding the antidumping duty (AD) order on certain frozen fish
fillets (fish fillets) from the Socialist Republic of Vietnam
(Vietnam). The period of review (POR) is August 1, 2022, through
January 31, 2023. We have preliminarily determined that Co May's sale
was a bona fide transaction, and that the sale was not made below
normal value (NV). Interested parties are invited to comment on these
preliminary results.
DATES: Applicable January 30, 2024.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, Office V, AD/CVD
Operations, 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 August 12, 2003, Commerce published in the Federal Register the
AD Order on fish fillets from Vietnam.\1\ On March 23, 2023, we
initiated an NSR based on a timely request from Co May.\2\
---------------------------------------------------------------------------
\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 Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Review, 88 FR
18520 (March 29, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this NSR, see the Preliminary Decision Memorandum.\3\ A
list of topics included in the Preliminary Decision Memorandum is
included as the 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="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>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of New Shipper Review of the Antidumping Duty Order on
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are fish fillets from Vietnam.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this NSR in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. Commerce calculated export price in accordance with
section 772 of the Act. Because Vietnam is a non-market economy country
within the meaning of section 771(18) of the Act, Commerce 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.
Preliminary Results
As a result of this NSR, Commerce preliminarily determines the
following weighted-average dumping margin exists for the period, August
1, 2022, through January 31, 2023.
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter and producer margin
(dollars
per
kilogram)
------------------------------------------------------------------------
Co May Import Export Company Limited....................... $0.00
------------------------------------------------------------------------
Verification
As provided in 19 CFR 351.307(b)(iv), Commerce intends to verify
the information submitted by Co May in advance of the final results of
the review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Interested parties will be notified of the deadline for the
submission of case briefs at a later date.\4\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed not later than five
days after the date for filing case briefs.\5\ Parties who submit case
or rebuttal briefs in this proceeding 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.\6\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c)(1)(ii).
\5\ See 19 CFR 351.309(d)(1) and (2); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September
29, 2023) (APO and Service Final Rule).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes.\7\ In this NSR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs. Further, we
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the Issues and Decision Memorandum that will accompany the
final results of this NSR. We request that interested parties include
footnotes for relevant citations in the executive summary of each
issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\8\
---------------------------------------------------------------------------
\7\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\8\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), 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. Requests should contain the following information: (1) the
party's name, address, and telephone number; (2) the number of
participants, and whether any participant is a foreign national; and
(3) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case briefs. An
electronically-filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time within 14 days after the date of publication of this
notice.\9\ If a request for a hearing is made, Commerce
[[Page 5863]]
intends to notify parties of the time and date for the hearing.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this NSR, including
the results of its analysis of issues raised in any written briefs, no
later than 90 days after the date of issuance of this notice, unless
extended, pursuant to section 751(a)(2)(B)(iii) of the Act.
Assessment Rates
Upon issuing the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
ADs on all appropriate entries covered by this review.\10\ If the
respondent's weighted-average dumping margin is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to duties. If the respondent's
weighted-average dumping margin is above de minimis in the final
results of this review, we will calculate an importer-specific (or a
customer-specific) per-unit assessment rate by dividing the amount of
dumping for the reviewed sale to the importer or customer by the total
sales quantity associated with the transaction(s). If an importer-
specific rate is zero or de minimis, Commerce will instruct CBP to
liquidate the appropriate entries without regard to ADs.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
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 Instructions
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam 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 subject merchandise produced
and exported by Co May, the cash deposit rate will be the rate
established for Co May in the final results of this NSR (except, if the
rate is zero or de minimis, then no cash deposit will be required); (2)
for subject merchandise exported by Co May, but not produced by Co May,
the cash deposit rate will be the rate for the Vietnam-wide entity; and
(3) for subject merchandise produced by Co May, but not exported by Co
May, the cash deposit rate will be the rate applicable to the exporter.
These cash 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) to file a certificate
regarding the reimbursement of ADs prior to liquidation of the relevant
entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of ADs occurred and the subsequent assessment of double ADs.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19
CFR 351.214.
Dated: January 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Recommendation
[FR Doc. 2024-01791 Filed 1-29-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 30, 2024.
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.