SUPPLEMENTARY INFORMATION:

Background

As noted above, on July 14, 2014, the Department published the Preliminary Rescission of this NSR. Thereafter, the Department extended the time period for issuing the final results to December 1, 2014.^[2] On October 2, 2014, the Department received a case brief from Thanh Hung.^[3] On October 6, 2014, the Department received a rebuttal brief from the Catfish Farmers of America and individual U.S. catfish processors (“Petitioners”).^[4] On November 13, 2014, ( printed page 71749) the Department conducted a public hearing regarding the NSR.

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”).^[5] Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive.

For a full description of the scope, see “Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the Final Results of New Shipper Review,” dated concurrently with this notice (“I&D Memo”).

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties are addressed in the I&D Memo, which is hereby adopted by this Notice. A list of the issues which parties raised is attached to this notice as an Appendix. The I&D Memo is a public document and is on file in the Central Records Unit (“CRU”), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).^[6] ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the I&D Memo can be accessed directly on the Internet at http://trade.gov/​enforcement/​frn/​index.html. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content.

Bona Fide Analysis

For the Preliminary Rescission, the Department analyzed the bona fides of Thanh Hung's sale and preliminarily found it to be non- bona fide.^[7] Based on the Department's complete analysis of all the information and comments on the record of this review regarding the bona fides of Thanh Hung's NSR sale, the Department continues to find Thanh Hung's sale to be non- bona fide because of (a) the atypical nature of Thanh Hung's price and quantity; (b) extraordinary expenses arising from the transaction; (c) the importer's regular commercial interest; (d) atypical circumstances surrounding production; and (e) unreported connections to other entities.^[8] The Department did not base its analysis on any one factor but instead examined the totality of the evidence and comments on the record of this review to determine that Thanh Hung's sale was not bona fide.

Rescission of New Shipper Review

For the foregoing reasons, the Department finds that the sale of Thanh Hung is non- bona fide and that this sale does not provide a reasonable or reliable basis for calculating a dumping margin. Because a non- bona fide sale was the only sale of subject merchandise during the POR, the Department is rescinding this NSR pursuant to section 351.214(f) of the Department's regulations.

Cash Deposit Rates

The following cash deposit requirements continue to apply for all shipment of subject merchandise from Thanh Hung entered, or withdrawn from warehouse: (1) For subject merchandise produced and exported by Thanh Hung, the cash deposit rate will continue to be the Vietnam-wide rate ( i.e., 2.39 U.S. Dollars/kg); (2) for subject merchandise exported by Thanh Hung but not manufactured by Thanh Hung, the cash deposit rate will continue to be the Vietnam-wide rate ( i.e., 2.39 U.S. Dollars/kg); and (3) for subject merchandise manufactured by Thanh Hung, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements shall remain in effect until further notice.

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, 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.

We are issuing and publishing this new shipper review and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214.

Appendix—Issues and Decision Memorandum

Summary

Background

Scope of the Order

Discussion of the Issues

Comment: Bona Fide Nature of the Sale Under Review

Recommendation