Notice2026-02783
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Results of New Shipper Review; and Notice of Amended Final Results
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
February 12, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On January 8, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Catfish Farmers of Am., et al. v. United States, Court No. 24-00126, sustaining the U.S. Department of Commerce (Commerce)'s remand results pertaining to the new shipper review of the antidumping duty (AD) order on certain frozen fish fillets from the Socialist Republic of Vietnam (Vietnam) covering the period of review (POR) August 1, 2022, through January 31, 2023. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results in the new shipper review, and that Commerce is amending the final results with respect to Co May Import-Export Company Limited (Co May).
Full Text
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<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
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[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Notices]
[Pages 6613-6614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02783]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 91, No. 29 / Thursday, February 12, 2026 /
Notices
[[Page 6613]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Notice of Court Decision Not in Harmony With the Final Results
of New Shipper Review; and Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 8, 2026, the U.S. Court of International Trade
(CIT) issued its final judgment in Catfish Farmers of Am., et al. v.
United States, Court No. 24-00126, sustaining the U.S. Department of
Commerce (Commerce)'s remand results pertaining to the new shipper
review of the antidumping duty (AD) order on certain frozen fish
fillets from the Socialist Republic of Vietnam (Vietnam) covering the
period of review (POR) August 1, 2022, through January 31, 2023.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results in the new shipper review, and
that Commerce is amending the final results with respect to Co May
Import-Export Company Limited (Co May).
DATES: Applicable January 18, 2026.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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 June 25, 2024, Commerce published the Final Results.\1\ In the
Final Results, Commerce determined that, based on the factors listed in
section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the
Act), and the totality of the circumstances surrounding Co May's sale
of subject merchandise during the POR, the sale underlying this new
shipper review was bona fide.\2\ With respect to one statutory factor--
i.e., ``whether the subject merchandise involved in such sales was
resold in the United States at a profit''--we found that Co May's
customer resold the merchandise at a profit.\3\ As part of this
decision, we (1) did not treat the customer's AD cash deposit as an
expense when considering whether the resale was profitable, and (2)
determined that the relationship between the customer and its own
downstream customers did not undermine our determination regarding
profitability, despite the record being unclear regarding the potential
affiliation between these parties. In the Final Results, Commerce
calculated an individual weighted-average dumping margin of $0.00 per
kilogram for Co May.\4\
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty New Shipper Review;
2022-2023, 89 FR 53043 (June 25, 2024) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Final Results IDM at Comment 1.
\3\ Id.
\4\ Id.
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The petitioners \5\ appealed the Final Results. On June 5, 2025,
the CIT remanded two aspects of Commerce's Final Results. First, the
Court remanded for further explanation Commerce's treatment of AD cash
deposits in evaluating the profitability of the resale (i.e., Co May's
customer's resale to downstream customers).\6\ Second, the CIT remanded
Commerce's determination regarding the significance of the relationship
between Co May's customer and its resale customers, and ordered
Commerce to provide further explanation as to how profitability should
be determined when the unaffiliated U.S. customer is closely affiliated
with its downstream customers.\7\
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\5\ The petitioners are the Catfish Farmers of America,
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. (collectively, the
petitioners)
\6\ See Catfish Farmers of America, et al. v. United States, Ct.
No. 24-00126; Slip Op. 25-70 (CIT June 5, 2025) (Remand Opinion and
Order) at 14.
\7\ Id at 15.
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In its remand redetermination, issued on November 17, 2025,
Commerce reconsidered its Final Results pursuant to the CIT's Remand
Opinion and Order, and provided additional discussion regarding: (1)
its treatment of AD cash deposits in determining resale profitability
under the circumstances of this case; and (2) Co May's reporting
regarding the relationship between its U.S. customer and the downstream
customers as part of its resale profitability analysis.\8\ In light of
these considerations, Commerce revisited its finding that Co May's
single sale was resold at a profit. Further, Commerce also reconsidered
its broader bona fide analysis and, instead, found that Co May's sale
was not bona fide.\9\ Commerce stated that, if this finding is
affirmed, Commerce would rescind this new shipper review.\10\ On
January 8, 2026, the CIT sustained Commerce's final remand
redetermination.\11\
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\8\ See Final Results of Redetermination Pursuant to Court
Remand, Catfish Farmers of America, et al. v. United States, Ct. No.
24-00126, Slip Op. 25-70 (CIT June 5, 2025), Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, dated November 17,
2025.
\9\ Id.
\10\ Id.
\11\ See Catfish Farmers of Am., et al. v. United States, Court
No. 24-00126, Slip Op. 26-2 (January 8, 2026).
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Timken Notice
In its decision in Timken,\12\ as clarified by Diamond
Sawblades,\13\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must
publish a notice of court decision that is not ``in harmony'' with a
Commerce determination and must suspend liquidation of entries pending
a ``conclusive'' court decision. The CIT's January 8, 2026, judgment
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final Results. Thus, this notice is published in fulfillment
of the publication requirements of Timken.
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\12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\13\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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[[Page 6614]]
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Co May as follows: (1) we now find
that Co May's sale was not bona fide, and (2) we are, accordingly,
rescinding the 2022-2023 new shipper review.
Cash Deposit Requirements
Because we are rescinding this new shipper review, Co May is no
longer eligible for separate rate consideration. Accordingly, Commerce
is treating Co May as part of the Vietnam-wide entity and is revising
the cash deposit rate for Co May. As such, the Vietnam-wide entity rate
of $2.39 per kilogram will now apply to Co May. Commerce will issue
revised cash deposit instructions to U.S. Customs and Border Protection
(CBP).
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by Co May, and were entered, or
withdrawn from warehouse, for consumption during the period August 1,
2022, through January 31, 2023. These entries will remain enjoined
pursuant to the terms of the injunction during the pendency of any
appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Co May in accordance with 19 CFR
351.212(b). We will instruct CBP to assess duties on all appropriate
entries covered by this review at the Vietnam-wide rate of $2.39 per
kilogram.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: February 6, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2026-02783 Filed 2-11-26; 8:45 am]
BILLING CODE 3510-DS-P
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