Notice2024-13856
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty 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
June 25, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has conducted a new shipper review of Co May Import-Export Company Limited (Co May) regarding 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, 2022, through January 31, 2023. Based on our analysis, Commerce finds that Co May did not make sales of subject merchandise at prices below normal value during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 122 (Tuesday, June 25, 2024)</title>
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[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53043-53044]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13856]
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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 New Shipper Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new
shipper review of Co May Import-Export Company Limited (Co May)
regarding 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, 2022, through January 31, 2023.
Based on our analysis, Commerce finds that Co May did not make sales of
subject merchandise at prices below normal value during the POR.
DATES: Applicable June 25, 2024.
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 January 30, 2024, Commerce published the Preliminary Results of
this new shipper review and invited interested parties to comment.\1\
On April 5, 2024, Commerce extended the deadline for issuance of these
final results to June 14, 2024.\2\ On May 17, 2024, the petitioners \3\
submitted a case brief.\4\ On May 22, 2024, Co May submitted a rebuttal
brief.\5\ On May 30, 2024, Commerce held a public hearing.\6\ For a
complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\7\
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of New Shipper Review; 2022-2023, 89
FR 5862 (January 30, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty New Shipper Review,'' dated April 5, 2024.
\3\ 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.
\4\ See Petitioners' Letter, ``Case Brief,'' dated May 17, 2024.
\5\ See Co May's Letter, ``Rebuttal Brief of Co May Import
Export Company Limited,'' dated May 22, 2024.
\6\ See Hearing Transcript, ``Public Hearing in the Matter of:
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,
New Shipper Review,'' dated May 30, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Final Results
of the 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
(Issues and Decision Memorandum).
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Scope of the Order <SUP>8</SUP>
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\8\ 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 fish fillets from Vietnam.
For a complete description of the scope of this order, see the Issues
and Decision Memorandum.
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
[[Page 53044]]
issues addressed in the Issues and Decision Memorandum is provided in
the appendix to this notice. 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>.
Verification
From April 1 through 4, 2024, Commerce verified the questionnaire
responses of Co May in Vietnam.\9\ We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by Co May.
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\9\ See Memorandum, ``Verification of the Questionnaire
Responses of Co May Import-Export Company Limited in the New Shipper
Review of Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam,'' dated May 8, 2024.
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Changes Since the Preliminary Results
Based on a review of the record, as well as our verification
procedures, Commerce made certain changes to the margin calculations
for Co May.\10\
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\10\ For a full description of these changes, see Issues and
Decision Memorandum.
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Final Results of Review
The estimated weighted-average dumping margin for the final results
of this new shipper review is as follows:
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Weighted-
average
dumping
Exporter margin
(dollars
per
kilogram)
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Co May Import-Export Company Limited....................... $0.00
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Disclosure
We intend to disclose the calculations performed for the final
results of this review to parties in this proceeding within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. Pursuant to 19 CFR 351.212(b)(1), because Co May's weighted-
average dumping margin is zero, we will instruct CBP to liquidate Co
May's entry without regard to antidumping duties. Pursuant to
Commerce's assessment practice,\11\ for entries of Co May's merchandise
that were not reported in the U.S. sales data submitted by Co May
during this review, Commerce will instruct CBP to liquidate such
entries at the Vietnam-wide entity rate.
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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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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).
Cash Deposit Requirements
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 Tariff Act of 1930, as amended (the Act):
(1) for subject merchandise produced and exported by Co May, 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 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
Commerce is issuing and publishing these final results of review in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19
CFR 351.214.
Dated: June 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issue
Comment 1: Bona Fide Nature of Co May's Sale
VI. Recommendation
[FR Doc. 2024-13856 Filed 6-24-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 25, 2024.
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