[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14634-14635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05182]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Corrected Notice of Court Decision Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 24, 2018, the United States Court of International
Trade (CIT) issued a final judgment in Vinh Hoan Corporation et al. v.
United States, Consol. Court No. 13-00156 (Vinh Hoan). On July 31,
2018, the Department of Commerce (Commerce) notified the public that
the final judgment in that case is not in harmony with Commerce's final
results of the underlying administrative review, and, as a result, it
also amended the final results, involving 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, 2010 through July 31, 2011. Commerce hereby amends the prior
notice.
DATES: Applicable June 3, 2018.
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 May 24, 2018, the CIT issued a final judgment in Vinh Hoan,
sustaining Commerce's remand results for the eighth administrative
review of the AD order on fish fillets from Vietnam covering the POR
August 1, 2010 through July 31, 2011. On July 31, 2018, Commerce
notified the public that the final judgment was not in harmony with the
final results of that administrative review.\1\ As a consequence,
Commerce also amended the final results of the eighth administrative
review. However, in the First Timken Notice, Commerce inadvertently
published incorrect weighted-average dumping margins for all companies
except Vinh Hoan Corporation.\2\ As such, we have corrected these rates
in the chart below.
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Notice of Court Decisions Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results
of Antidumping Duty Administrative Review, 83 FR 36876 (July 31,
2018) (First Timken Notice).
\2\ Id., 83 FR at 36877-78.
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Amended Final Results
Commerce is amending the First Timken Notice with respect to all
companies in the review except Vinh Hoan Corporation. The revised
weighted-average dumping margins for these exporters during the period
August 1, 2010 through July 31, 2011 are as follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margin
(dollars per
kilogram)
------------------------------------------------------------------------
Vinh Hoan Corporation \3\............................... 0.13
Anvifish Joint Stock Company \4\........................ 2.30
An Giang Agriculture and Food Import-Export Joint Stock 1.26
Company................................................
Asia Commerce Fisheries Joint Stock Company............. 1.26
Binh An Seafood Joint Stock Company..................... 1.26
Cadovimex II Seafood Import-Export and Processing Joint 1.26
Stock Company..........................................
Hiep Thanh Seafood Joint Stock Company.................. 1.26
Hung Vuong Corporation.................................. 1.26
Nam Viet Corporation.................................... 1.26
NTSF Seafoods Joint Stock Company....................... 1.26
QVD Food Company Ltd \5\................................ 1.26
Saigon Mekong Fishery Co., Ltd.......................... 1.26
[[Page 14635]]
Southern Fisheries Industries Company Ltd............... 1.26
Vinh Quang Fisheries Corporation........................ 1.26
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Assessment Instructions
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\3\ This rate is applicable to the Vinh Hoan Group which
includes: Vinh Hoan Corporation and its affiliates Van Duc Food
Export Joint Company and Van Duc Tien Giang. This rate did not
change from the First Timken Notice.
\4\ This company includes the trade name Anvifish Co., Ltd.
\5\ This rate is also applicable to QVD Dong Thap Food Co., Ltd.
(Dong Thap) and Thuan Hung Co., Ltd. (THUFICO). In the second review
of this order, Commerce found QVD Food Company Ltd., Dong Thap and
THUFICO to be a single entity, and, because there has been no
evidence submitted on the record of this review that calls this
determination into question, we continue to find these companies to
be part of a single entity. Therefore, we assign this rate to the
companies in the single entity. See Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Preliminary Results of
Antidumping Duty Administrative Review, 71 FR 53387 (September 11,
2006).
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Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on unliquidated entries of subject
merchandise exported by the companies mentioned above using the
assessment rates listed above.
Cash Deposit Requirements
Unless the applicable cash deposit rates have been superseded by
cash deposit rates calculated in an intervening administrative review
of the AD order on fish fillets from Vietnam, Commerce will instruct
CBP to require a cash deposit for estimated AD duties at the rate noted
above for each specified exporter for entries of subject merchandise
entered or withdrawn from warehouse for consumption on or after June 3,
2018.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: March 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-05182 Filed 3-12-20; 8:45 am]
BILLING CODE 3510-DS-P