Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2022-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-552-801]</DEPDOC> <SUBJECT>Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam). The period of review (POR) is August 1, 2022, through July 31, 2023. Commerce preliminarily determines that the exporters under review did not sell subject merchandise at prices below normal value (NV) during the POR, and that eight exporters are eligible for separate rates. We invite interested parties to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable September 17, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Javier Barrientos or Christopher Maciuba, 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 or (202) 482-0413, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On October 18, 2023, Commerce initiated an administrative review of the antidumping duty order on fish fillets from Vietnam in accordance with 19 CFR 351.221(c)(1)(i) and section 751(a) of the Tariff Act of 1930, as amended (the Act). <SU>1</SU> <FTREF/> This review covers eight exporters of the subject merchandise. <SU>2</SU> <FTREF/> We selected two exporters, Bien Dong  for individual examination as mandatory respondents. <SU>5</SU> <FTREF/> On April 29, 2024, Commerce extended the deadline for these preliminary results to August 30, 2024. <SU>6</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>7</SU> <FTREF/> The deadline for the preliminary results is now September 6, 2024. <FTNT> <SU>1</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 71829 (October 18, 2023) ( <E T="03">Initiation Notice</E> ). Although the <E T="03">Initiation Notice</E> listed 151 company/entity names, we are treating the majority of these companies as part of the Vietnam-wide entity, and we are preliminarily considering several other companies to be part of the same entity. Further, we are rescinding the review with respect to numerous companies. </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated January 8, 2021 (Respondent Selection Memorandum). </FTNT> <FTNT> <SU>3</SU>  We are preliminarily considering Bien Dong Seafood Joint Stock Company and two affiliated companies, Bien Dong Hau Giang Seafood Joint Stock Company and Seavina Joint Stock Company, to be a single entity. <E T="03">See</E> Memorandum, “Single-Entity Analysis for Bien Dong Seafood Company, Ltd. and Affiliated Companies,” dated September 6, 2024. Hereinafter, we collectively refer to these companies as Bien Dong. </FTNT> <FTNT> <SU>4</SU>  As noted in the <E T="03">Initiation Notice,</E> Vinh Hoan is a single entity comprised of: (1) Vinh Hoan Corporation; (2) Van Duc Food Export Joint Stock Company (also known as Van Duc); (3) Van Duc Tien Giang Food Export Company (also known as VDTG or Van Duc Tien Giang Food Exp. Co.); (4) Thanh Binh Dong Thap One Member Company Limited (also known as Thanh Binh Dong Thap or Thanh Binh Dong Thap Ltd.); and (5) Vinh Phuoc Food Company Limited (also known as Vinh Phuoc or VP Food). </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> Respondent Selection Memorandum; <E T="03">see also</E> Memorandum, “Selection of Second Mandatory Respondent,” dated April 30, 2024. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of the Antidumping Duty Administrative Review,” dated April 29, 2024. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> For a complete description of the events that followed the initiation of this review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>8</SU> <FTREF/> A list of the topics discussed in the Preliminary Decision Memorandum is included in Appendix I to this notice. 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 (ACCESS). ACCESS is available to registered users at <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>8</SU>   <E T="03">See</E> Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by this order are fish fillets from Vietnam. For a full description of the scope of the order, <E T="03">see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Standing</HD> Based on an analysis of information gathered from initial and supplemental questionnaires, we find that the evidence supports a determination that Maritime Products International and QMC Foods Inc. have standing in this segment of the proceeding to request administrative review as wholesalers of domestic like product pursuant to section 771(9)(C) of the Act. We find that the evidence on record does not support Luscious Seafood LLC's claim to be a wholesaler of domestic like product pursuant to section 771(9)(C) of the Act during the POR. For additional information regarding these findings, <E T="03">see</E> the Preliminary Decision Memorandum and standing memoranda. <SU>9</SU> <FTREF/> <FTNT> <SU>9</SU>   <E T="03">See</E> Memoranda, “Maritime Products International Standing to Request Review,” dated concurrently with this notice; and “Luscious Seafood LLC's Standing to Request Review,” dated concurrently with this notice. </FTNT> <HD SOURCE="HD1">Separate Rates</HD> Commerce preliminarily determines that information placed on the record by mandatory respondents Bien Dong and Vinh Hoan, and six additional companies seeking a separate rate ( <E T="03">i.e.,</E> Can Tho Import Export Seafood Joint Stock Company, Dai Thanh Seafoods Company Limited, Dong A Seafood One Member Company Limited, HungCa 6 Corporation, Nam Viet Corporation, and NTSF Seafoods Joint Stock Company) demonstrates that these companies are preliminarily entitled to separate rate status. For additional information, <E T="03">see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Vietnam-Wide Entity</HD> The Vietnam-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because the only valid request for review of the Vietnam-wide entity was withdrawn, we are preliminary rescinding our review of the entity; if this decision becomes final, the entity's rate ( <E T="03">i.e.,</E> $2.39 per kilogram (kg)) will not be subject to change. With the exception of the eight companies which established their eligibility for a separate rate, Commerce considers all companies currently under review to be part of the Vietnam-wide entity. <SU>10</SU> <FTREF/> For additional information, <E T="03">see</E> the Preliminary Decision Memorandum and the “Dumping Margin for Exporters Not Selected for Individual Review” section below. <FTNT> <SU>10</SU>   <E T="03">See</E> Appendix III. </FTNT> <HD SOURCE="HD1">Rescission of Administrative Review, in Part</HD> Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws the request within 90 days of the date of the publication of the notice of initiation. In January 2024, the petitioners  <SU>11</SU> <FTREF/> timely withdrew their review request for the Vietnam-wide entity. <SU>12</SU> <FTREF/> The only remaining review request for the Vietnam-wide entity is from Luscious Seafood. As noted above, we have preliminarily determined that Luscious Seafood was not a U.S. wholesaler of domestic like product during the POR, and, thus, it does not have standing to request an administrative review in this segment of the proceeding; accordingly, we are preliminarily rescinding our review of the Vietnam-wide entity because all other requests for review from interested parties have been withdrawn. <FTNT> <SU>11</SU>  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. </FTNT> <FTNT> <SU>12</SU>   <E T="03">See</E> Petitioners' Letter, “Partial Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated January ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 41k characters. 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