Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (“Department”) published its Preliminary Rescission for the new shipper review (“NSR”) of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”) on July 14, 2014.
The period of review (“POR”) is August 1, 2012, through July 31, 2013. As discussed below, we preliminarily found that Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.'s (“Thanh Hung”) sale was non-bona fide, and announced our preliminary intent to rescind Thanh Hung's NSR. For the final results of this review, we continue to find Thanh Hung's sale to be non-bona fide. Therefore, because there were no other shipments or entries by Thanh Hung during the POR, we are rescinding this NSR.
Effective Date: December 3, 2014.
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FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, 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) 482-4031.
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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.
On October 2, 2014, the Department received a case brief from Thanh Hung.
On October 6, 2014, the Department received a rebuttal brief from the Catfish Farmers of America and individual U.S. catfish processors (“Petitioners”).
On November 13, 2014, Start Printed Page 71749the 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”).
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”).
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.
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.
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.
Dated: November 26, 2014.
Assistant Secretary for Enforcement and Compliance.
Appendix—Issues and Decision Memorandum
Scope of the Order
Discussion of the Issues
Comment: Bona Fide Nature of the Sale Under Review
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[FR Doc. 2014-28459 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P