Notice2026-19373
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; and Notice of Amended Final Results
Primary source
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Published
September 22, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 4, 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. 24-00082, sustaining the U.S. Department of Commerce (Commerce)'s remand results pertaining to the administrative review of the antidumping duty (AD) order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) covering the period of review (POR) August 1, 2021, through July 31, 2022. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results in the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Can Tho Import Export Seafood Joint Stock Company (CASEAMEX) and four companies receiving a separate rate.
Full Text
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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Notices]
[Pages 60099-60100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19373]
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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 Antidumping Administrative Review; and Notice of Amended Final
Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 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. 24-00082, sustaining the U.S. Department of
Commerce (Commerce)'s remand results pertaining to the administrative
review of the antidumping duty (AD) order on certain frozen fish
fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam)
covering the period of review (POR) August 1, 2021, through July 31,
2022. Commerce is notifying the public that the CIT's final judgment is
not in harmony with Commerce's final results in the administrative
review, and that Commerce is amending the final results with respect to
the dumping margin assigned to Can Tho Import Export Seafood Joint
Stock Company (CASEAMEX) and four companies receiving a separate rate.
DATES: Applicable September 14, 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 March 14, 2024, Commerce published its Final Results in the
2021-2022 AD administrative review of fish fillets from Vietnam,\1\ in
which we calculated a margin of $0.18/kg for CASEAMEX. We also assigned
this rate to four companies receiving a separate rate: Cafatex
Corporation (Cafatex); Hung Vuong Corporation \2\ (HVG); International
Development and Investment Corporation (IDI); and Loc Kim Chi Seafood
Joint Stock Company (Loc Kim).
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\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results and Partial Rescission of Administrative
Review; 2021-2022, 89 FR 18595 (March 14, 2024) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ Hung Vuong Corporation (also known as Hung Vuong Joint Stock
Company, HVC or HV Corp.) is part of a single entity with the
following companies: (1) An Giang Fisheries Import and Export Joint
Stock Company (also known as Agifish, An Giang Fisheries Import and
Export, An Giang Fisheries Import & Export Joint Stock Company); (2)
Asia Pangasius Company Limited (also known as ASIA); (3) Europe
Joint Stock Company (also known as Europe, Europe JSC or EJS CO.);
(4) Hung Vuong Ben Tre Seafood Processing Company Limited (also
known as Ben Tre, HVBT, or HVBT Seafood Processing); (5) Hung Vuong
Mascato Company Limited (also known as Mascato); (6) Hung Vuong--Sa
Dec Co., Ltd. (also known as Sa Dec or Hung Vuong Sa Dec Company
Limited); and (7) Hung Vuong--Vinh Long Co., Ltd. (also known as
Vinh Long or Hung Vuong Vinh Long Company Limited).
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Following the Final Results, the petitioners \3\ brought a
ministerial error allegation regarding our treatment of marine
insurance in the margin calculation for CASEAMEX. Because the alleged
error related to an aspect of the calculation that was present in the
Preliminary Results, and because no party had commented on this aspect
of our calculation in case briefs, we rejected the allegation as
untimely.\4\
[[Page 60100]]
Therefore, we made no changes to our final calculations for CASEAMEX or
the rate assigned to the separate rate companies.
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\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 Commerce's Letter, ``Rejection of Untimely Ministerial
Error Allegation,'' dated April 2, 2024 (stating that
``{p{time} ursuant to 19 CFR 351.224(c)(1), comments concerning
ministerial errors in the preliminary results of a review should be
included in a party's case brief. Moreover, 19 CFR 351.309(c)(2)
states that a party's `case brief must present all arguments that
continue in the submitter's view to be relevant to the Secretary's
final determination or final results. . . .' The alleged ministerial
error referenced in your submission was discoverable earlier in the
proceeding (i.e., immediately following the preliminary results) but
was not pointed out to Commerce during the time period specified by
our regulations (i.e., in the petitioners' case brief'').
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The petitioners appealed the Final Results. On December 15, 2025,
the CIT remanded Commerce's Final Results and found that certain
aspects of Commerce's Final Results were not supported by substantial
evidence.\5\ In the Remand Opinion and Order, the Court found that
Commerce improperly rejected the ministerial error allegation as
untimely, and it directed Commerce to accept the allegation and make
corrections, as necessary, on remand.\6\
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\5\ See Catfish Farmers of Am. v. United States, 815 F.Supp.3d
1339 (CIT 2025) (Remand Opinion and Order).
\6\ Id. at 1355-56.
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In its remand redetermination, issued on April 15, 2026, Commerce
revised its Final Results pursuant to the Remand Opinion and Order and,
under respectful protest,\7\ accepted the ministerial error allegation
as directed. In particular, we revised the dumping margin calculated
for mandatory respondent CASEAMEX. We also applied this revised rate to
the four companies receiving separate rates in this administrative
review: Cafatex; HVG; IDI; and Loc Kim. On September 4, 2026, The CIT
sustained Commerce's final remand redetermination.\8\
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\7\ See Viraj Group v. United States, 343 F.3d 1371 (Fed. Cir.
2003).
\8\ See Catfish Farmers of Am., et al v. United States, Court
No. 24-00082, Slip Op. 26-103 (September 4, 2026).
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Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930,
as amended (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 September 4, 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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\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results as follows: (1) we revised the dumping margin
calculated for mandatory respondent CASEAMEX; and (2) we also applied
this revised rate to the four companies receiving separate rates in
this administrative review: Cafatex; HVG; IDI; and Loc Kim, as follows:
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Weighted-average
Exporter dumping margin (dollars
per kilogram)
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Can Tho Import Export Seafood Joint Stock $0.20
Company.......................................
Loc Kim Chi Seafood Joint Stock Company........ * 0.20
International Development and Investment * 0.20
Corporation...................................
Hung Vuong Corporation......................... * 0.20
Cafatex Corporation............................ * 0.20
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* This rate is based on the rate calculated for Can Tho Import Export
Seafood Joint Stock Company.
Cash Deposit Requirements
Because CASEAMEX has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP) for the company. This notice will
not affect the current cash deposit rate for CASEAMEX.
However, as Cafatex's, HVG's, IDI's and Loc Kim's cash deposit
rates have not been superseded in a subsequent review, we will apply
the revised rate of $0.20 per kilogram to these companies. Commerce
will issue revised cash deposit instructions to CBP.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by CASEAMEX, Cafatex, HVG, IDI
or Loc Kim, and were entered, or withdrawn from warehouse, for
consumption during the period August 1, 2021, through July 31, 2022.
These entries will remain enjoined pursuant to the terms of the
injunction(s) 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, and at the conclusion
of any additional litigation concerning the entries in question,
Commerce intends to instruct CBP to assess antidumping duties on
unliquidated entries of subject merchandise exported by CASEAMEX,
Cafatex, HVG, IDI or Loc Kim, 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 rate of $0.20 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: September 17, 2026.
Steven Presing,
Executive Director for Policy and Negotiations.
[FR Doc. 2026-19373 Filed 9-21-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 22, 2026.
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