BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of
Antidumping Duty New Shipper Review; 2022-2023
AGENCY:

Enforcement and Compliance, International Trade Administration, Department of
Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new shipper
review of Co May Import-Export Company Limited (Co May) regarding 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 January 31, 2023. Based on our
analysis, Commerce finds that Co May did not make sales of subject merchandise at prices
below normal value during the POR.
DATES: Applicable [Insert date of publication in the Federal Register].
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:
Background
On January 30, 2024, Commerce published the Preliminary Results of this new shipper
review and invited interested parties to comment.1 On April 5, 2024, Commerce extended the

See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of New Shipper
Review; 2022-2023, 89 FR 5862 (January 30, 2024) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
deadline for issuance of these final results to June 14, 2024.2 On May 17, 2024, the petitioners3
submitted a case brief.4 On May 22, 2024, Co May submitted a rebuttal brief.5 On May 30,
2024, Commerce held a public hearing.6 For a complete description of the events that occurred
subsequent to the Preliminary Results, see the Issues and Decision Memorandum.7
Scope of the Order8
The products covered by the Order are fish fillets from Vietnam. For a complete
description of the scope of this order, see the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs filed by interested parties in
the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is provided in the appendix to this notice. The Issues and 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 http://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification

See Memorandum, “Extension of Deadline for Final Results of Antidumping Duty New Shipper Review,” dated
April 5, 2024.
3 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.
4 See Petitioners’ Letter, “Case Brief,” dated May 17, 2024.
5 See Co May’s Letter, “Rebuttal Brief of Co May Import Export Company Limited,” dated May 22, 2024.
6 See Hearing Transcript, “Public Hearing in the Matter of: Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam, New Shipper Review,” dated May 30, 2024.
7 See Memorandum, “Decision Memorandum for the Final Results of the New Shipper 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 (Issues and Decision Memorandum).
8 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR
47909 (August 12, 2003) (Order).
From April 1 through 4, 2024, Commerce verified the questionnaire responses of Co May
in Vietnam.9 We used standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by Co May.
Changes Since the Preliminary Results
Based on a review of the record, as well as our verification procedures, Commerce made
certain changes to the margin calculations for Co May.10
Final Results of Review
The estimated weighted-average dumping margin for the final results of this new shipper
review is as follows:
Exporter
Co May Import-Export Company Limited

Weighted-Average Dumping
Margin (dollars per kilogram)
$0.00

Disclosure
We intend to disclose the calculations performed for the final results of this review to
parties in this proceeding within five days of the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in accordance with the final
results of this review. Pursuant to 19 CFR 351.212(b)(1), because Co May’s weighted-average
dumping margin is zero, we will instruct CBP to liquidate Co May’s entry without regard to
antidumping duties. Pursuant to Commerce’s assessment practice,11 for entries of Co May’s
merchandise that were not reported in the U.S. sales data submitted by Co May during this
review, Commerce will instruct CBP to liquidate such entries at the Vietnam-wide entity rate.

See Memorandum, “Verification of the Questionnaire Responses of Co May Import-Export Company Limited in
the New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,” dated May 8, 2024.
10 For a full description of these changes, see Issues and Decision Memorandum.
11 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,76 FR 65694 (October
24, 2011).
Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35
days after the date of publication of the final results of this review in the Federal Register. If a
timely summons is filed at the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).
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
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) for subject
merchandise produced and exported by Co May, no cash deposit will be required; (2) for subject
merchandise exported by Co May, but not produced by Co May, the cash deposit rate will be the
rate for the Vietnam-wide entity; and (3) for subject merchandise produced by Co May, but not
exported by Co May, the cash deposit rate will be the rate applicable to the exporter. These cash
deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their responsibility under 19
CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to
liquidation of the relevant entries during this POR. Failure to comply with this requirement
could result in Commerce’s presumption that reimbursement of antidumping duties occurred and
the subsequent assessment of doubled antidumping duties.
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(a)(3), 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.
Notification to Interested Parties
Commerce is issuing and publishing these final results of review in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19 CFR 351.214.
Dated: June 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I.
II.
III.
IV.
V.
VI.

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issue
Comment 1: Bona Fide Nature of Co May’s Sale
Recommendation

[FR Doc. 2024-13856 Filed: 6/24/2024 8:45 am; Publication Date: 6/25/2024]