Federal Register - October 1, 2021
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Source: Federal Register
54432
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
www.regulations.gov and enter ITA
20210005 in the Search box. Click on the Comment icon, complete the required fields, and enter or attach your comments.
Email: cleantech@trade.gov.
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Due to COVID19 building closures, we are currently temporarily not accepting comments by mail. However, if you are unable to comment via regulations.gov, you may contact cleantech@trade.gov for instructions on submitting your comment.
FOR FURTHER INFORMATION CONTACT:
Devin Horne, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 28018, Washington, DC
20230; telephone 202 4820775; email cleantech@trade.gov. Please direct media inquiries to ITAs Office of Public Affairs 202 4823809 or publicaffairs@
trade.gov.
On August 30, 2021, the International Trade Administration ITA published in the Federal Register a request for public comment on clean technologies export competitiveness to inform efforts to develop a U.S. Clean Technologies Export Competitiveness Strategy. The request for public comment stated that the comment period would close on October 1, 2021. An extension of the comment period will provide additional opportunity for the public to prepare comments to address the questions posed by ITA. Therefore, ITA is extending the end of the comment period from October 1, 2021, to October 15, 2021. Comments previously submitted need not be resubmitted and will be fully considered.
SUPPLEMENTARY INFORMATION:
Dated: September 28, 2021.
Man Cho, Deputy Director, Office of Energy and Environmental Industries.
FR Doc. 202121447 Filed 93021; 8:45 am BILLING CODE 3510DRP
DEPARTMENT OF COMMERCE
International Trade Administration A552801
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Results of the Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: On September 20, 2021, the U.S. Court of International Trade CIT
issued its final judgment in NTSF
Seafoods Joint Stock Company and Vinh Quang Fisheries Corporation v.
United States, Court No. 1900063, sustaining the Department of Commerce Commerces remand results pertaining to the administrative review of the antidumping duty AD order on certain frozen fish fillets from the Socialist Republic of Vietnam covering the period August 1, 2016, through July 31, 2017.
Commerce is notifying the public that the CITs final judgment is not in harmony with Commerces final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margins assigned to NTSF Seafoods Joint Stock Company NTSF and Vinh Quang Fisheries Corporation Vinh Quang.
DATES: Applicable September 30, 2021.
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 4822243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background On April 29, 2019, Commerce published its Final Results.1 In the Final Results, Commerce denied NTSFs reported fish meal and fish oil byproduct offsets based on NTSFs statements that it sold the head and bone product i.e., the inputs to fish meal/oil to an unaffiliated processor.
Given these statements, Commerce concluded that the downstream fish meal/oil products were not produced and sold by NTSF, and, therefore, not eligible for by-product offsets.2 As a result, Commerce only granted a by1 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results, and Final Results of No Shipments of the Antidumping Duty Administrative Review; 20162017, 84 FR 18007
April 29, 2019 Final Results, and accompanying Issues and Decision Memorandum IDM.
2 See Final Results IDM at Comment 11.
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product offset for the fish head and bone product sold by NTSF, and not the downstream fish oil and fish meal produced by the unaffiliated processor.3
On December 21, 2020, the CIT issued its Remand Order.4 The Remand Order addressed whether three aspects of the Final Results were supported by substantial evidence: 1 Commerces selection of financial statements for its calculation of surrogate financial ratios;
2 Commerces calculation of surrogate values for NTSFs fingerlings; and 3
Commerces denial of by-product offsets for fish meal and fish oil. The CIT
affirmed Commerces Final Results with respect to issues 1 and 2. With respect to issue 3, the CIT concluded that Commerces denial of by-product offsets for fish meal and fish oil was unsupported by substantial evidence and, thus, remanded the decision to Commerce to explain its analysis of the record evidence cited by NTSF or otherwise change its determination.5
In its Final Remand Redetermination, issued in March 2021, Commerce found that NTSFs fish meal and fish oil byproducts were produced pursuant to a tolling arrangement with an unaffiliated processor and determined that NTSF
later sold the by-products to unaffiliated purchasers.6 Commerce, thus, found that by-product offsets for NTSFs sales of fish meal and fish oil were warranted and, accordingly, made changes to the margin calculations for NTSF.7
Commerce also made changes to the rate assigned to a reviewed company that it did not individually examine, but which demonstrated its eligibility for separate rate and is a party to the litigation, i.e., Vinh Quang.8
On September 20, 2021, the CIT
sustained Commerces Final Remand Redetermination.9
3 Id.
4 See NTSF Seafoods Joint Stock Company and Vinh Quang Fisheries Corporation v. United States, Court No. 1900063, Slip Op. 20180 CIT
December 21, 2020 Remand Order.
5 Id.
6 See Final Results of Redetermination Pursuant to Court Remand, NTSF Seafoods Joint Stock Company and Vinh Quang Fisheries Corporation v.
United States, Court No. 1900063, Slip Op. 20180
CIT December 21, 2020, dated March 22, 2021
Final Remand Redetermination.
7 Id.
8 Id.
9 See NTSF Seafoods Joint Stock Company and Vinh Quang Fisheries Corporation v. United States, Court No. 1900063, Slip Op. 21121, dated September 20, 2021.
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