Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (“the Department”) is conducting the Start Printed Page 40060tenth administrative review of the antidumping duty order on certain frozen fish fillets (“fish fillets”) from the Socialist Republic of Vietnam (“Vietnam”).
The Department preliminarily determines that the Hung Vuong Group (“HVG”) 
sold subject merchandise in the United States at prices below normal value (“NV”) during the period of review (“POR”) August 1, 2012, through July 31, 2013. With respect to Anvifish Joint Stock Company (“Anvifish”), this exporter failed to establish that it is separate from the Vietnam-wide entity. As a result, the Vietnam-wide entity is now under review.
We are preliminarily applying adverse facts available (“AFA”) to the Vietnam-wide entity because an element of the entity, Anvifish, failed to act to the best of its ability in complying with the Department's request for information in this review within the established deadlines, significantly impeded the proceeding, and provided information that cannot be verified. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.
Effective Date: July 11, 2014.
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FOR FURTHER INFORMATION CONTACT:
Paul Walker or Steven Hampton, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 or 202-482-0116, respectively.
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On October 2, 2013, the Department initiated the tenth administrative review of the antidumping duty order on fish fillets from Vietnam for the period August 1, 2012, through July 31, 2013.
As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1 through October 16, 2013.
On March 26, 2014, the Department partially extended the deadline for issuing the preliminary results by 30 days.
On June 11, 2014, the Department partially extended the deadline for issuing the preliminary results by 14 days.
The revised deadline for the preliminary results of this administrative is now July 2, 2014.
Scope of the Order
The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius bocourti, Pangasius hypophthalmus (also known as Pangasius pangasius), and Pangasius micronemus. These products are classifiable under tariff article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100, and 1604.19.8100 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”).
Although the HTSUS subheading is provided for convenience and Customs purposes, our written description of the scope of the order is dispositive.
Preliminary Determination of No Shipments
On December 11, 2013, the following companies filed no-shipment certifications indicating that they did not export subject merchandise to the United States during the POR: An Giang Agriculture and Food Import-Export Joint Stock Company; Golden Quality Seafood Corporation; Hoa Phat Seafood Import-Export and Processing J.S.C.; and To Chau Joint Stock Company. Based on the certifications submitted by the above companies, and our analysis of the CBP information, we preliminarily determine that An Giang Agriculture and Food Import-Export Joint Stock Company, Golden Quality Seafood Corporation, Hoa Phat Seafood Import-Export and Processing J.S.C., and To Chau Joint Stock Company 
did not have any reviewable transactions during the POR. The Department finds that consistent with its practice in non-market economy (“NME”) cases, it is appropriate not to rescind the review in part in this circumstance but, rather, to complete the review with respect to the above named companies and issue appropriate instructions to CBP based on the final results of the review.
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The Department conducted this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended (“the Act”). Constructed export prices and export prices have been calculated in accordance with section 772 of the Act. Because Vietnam is an NME within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 (“IA ACCESS”). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following weighted-average dumping margins exist for the period August 1, 2012, through July 31, 2013:
|Exporter||Weighted-average margin (dollars/ kilogram) 12|
|Hung Vuong Group 13||0.58|
|An Giang Agriculture and Food Import-Export Joint Stock Company||(*)|
|Asia Commerce Fisheries Joint Stock Company||0.58|
|Binh An Seafood Joint Stock Company||0.58|
|Cadovimex II Seafood Import-Export and Processing Joint Stock Company||0.58|
|Can Tho Import-Export Joint Stock Company||0.58|
|C.P. Vietnam Corporation||0.58|
|Cuu Long Fish Joint Stock Company||0.58|
|Dai Thanh Seafoods Company Limited||0.58|
|Fatifish Company Limited||0.58|
|GODACO Seafood Joint Stock Company||0.58|
|Golden Quality Seafood Corporation||(*)|
|Hiep Thanh Seafood Joint Stock Company||0.58|
|Hoang Long Seafood Processing Company Limited||0.58|
|Hoa Phat Seafood Import-Export and Processing J.S.C.||(*)|
|International Development and Investment Corporation||0.58|
|Nam Viet Corporation||0.58|
|Ngoc Ha Co., Ltd. Foods Processing and Trading||0.58|
|NTSF Seafoods Joint Stock Company||0.58|
|Quang Minh Seafood Company Limited||0.58|
|QVD Food Company Ltd.14||0.58|
|Saigon-Mekong Fishery Co., Ltd.||0.58|
|Southern Fisheries Industries Company Ltd.||0.58|
|TG Fishery Holdings Corporation||0.58|
|Thien Ma Seafood Company Limited||0.58|
|Thuan An Production Trading and Services Co., Ltd.||0.58|
|To Chau Joint Stock Company||(*)|
|Vinh Quang Fisheries Joint-Stock Company||0.58|
|Vietnam-Wide Rate 15||2.39|
|* No Shipments or sales to this review, and the firm has an individual rate from a prior segment of the proceeding in which the firm had shipments or sales.|
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review in the Federal Register.
Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.
Parties who submit arguments are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) Start Printed Page 40062a table of authorities.
Parties submitting briefs should do so pursuant to the Department's electronic filing system, IA ACCESS.
Any interested party may request a hearing within 30 days of publication of this notice.
Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act.
Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.
The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review.
For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.
Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.
For the respondents that were not selected for individual examination in this administrative review and that qualified for a separate rate, the assessment rate will be the rate calculated for HVG.
We intend to instruct CBP to liquidate entries containing subject merchandise exported by the Vietnam-wide entity at the Vietnam-wide rate.
The Department refined its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries at the Vietnam-wide rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.
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 sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Vietnam and non-Vietnam exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the Vietnam -wide entity; and (4) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These 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)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 2, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market Economy Country Status
5. Separate Rates
6. Vietnam-Wide Entity
7. Surrogate Country
8. Determination of Comparison Method
9. Results of Differential Pricing Analysis
10. Comparisons to Normal Value
11. U.S. Price
12. Normal Value
13. Factor Valuations
14. Currency Conversion
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[FR Doc. 2014-16311 Filed 7-10-14; 8:45 am]
BILLING CODE 3510-DS-P