[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Notices]
[Pages 37116-37121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15794]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Notice of Final Antidumping Duty Determination of Sales at Less
Than Fair Value and Affirmative Critical Circumstances: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Antidumping Duty Determination of Sales at Less
Than Fair Value and Affirmative Critical Circumstances.
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EFFECTIVE DATE: June 23, 2003.
FOR FURTHER INFORMATION CONTACT: Alex Villanueva or James C. Doyle, AD/
CVD Enforcement Group III, Office 9, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-3208, or (202) 482-0159, respectively.
THE APPLICABLE STATUTE:
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (``the Act''') by
the Uruguay Round Agreements Act. In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
regulations at 19 CFR 351 (2001).
SUPPLEMENTARY INFORMATION:
FINAL DETERMINATION
We determine that certain frozen fish fillets from the Socialist
Republic of Vietnam are being, or are likely to be, sold in the United
States at less than fair value (``LTFV''), as provided in section 733
of the Act. The estimated margins of sales at LTFV are shown in the
``Suspension of Liquidation'' section of this notice.
Case History
We published in the Federal Register the preliminary determination
in this investigation on January 31, 2003. See Notice of Preliminary
Determination of Sales at Less Than Fair Value,
[[Page 37117]]
Affirmative Preliminary Determination of Critical Circumstances and
Postponement of Final Determination: Certain Frozen Fish Fillets From
the Socialist Republic of Vietnam (``Preliminary Determination''), 68
FR 4986 (January 31, 2003). Since the Preliminary Determination, the
following events have occurred:
On January 29, 2003, An Giang Fisheries Import and Export Joint
Stock Company (``Agifish''), Vinh Hoan Company Limited (``Vinh Hoan''),
Nam Viet Company Limited (``Nam Viet'') and Can Tho Agricultural and
Animal Products Import Export Company (``CATACO''), hereinafter
collectively referred to as ``Mandatory Respondents,'' timely filed
allegations that the Department made ministerial errors in the
Preliminary Determination.
On January 29, 2003, for purposes of a preliminary critical
circumstances determination, the Department requested monthly shipment
data from An Giang Agriculture and Food Import Export Company
(``Afiex''), Can Tho Animal Fishery Products Processing Export
Enterprise (``Cafatex''), Da Nang Seaproducts Import-Export Corporation
(``Da Nang''), Mekongfish Company (``Mekonimex''), QVD Food Company
Limited (``QVD''), Viet Hai Seafood Company Limited (``Viet Hai''), and
Vinh Long Import-Export Company (``Vinh Long''), hereinafter referred
to collectively as the ``Voluntary Section A Respondents''.
On January 30, 2003, the Voluntary Section A Respondents, the
Mandatory Respondents, and the Vietnam Association of Seafood Exporters
and Producers (``VASEP''), hereinafter referred to collectively as the
``Respondents,'' requested a one-week extension for the critical
circumstances monthly shipment data. The Department granted this
request on February 3, 2003. The Voluntary Section A Respondents
requested a further two-day extension on February 7, 2003, which was
granted by the Department on February 10, 2003. Also, on February 3,
2003, the Department granted to the Voluntary Section A Respondents and
the Mandatory Respondents a one-week extension for submission of the
Sales Reconciliation information.
On February 3, 2003, Catfish Farmers of America (``CFA'') and the
individual U.S. catfish processors America's Catch Inc.; Consolidated
Catfish Co., L.L.C.; Delta Pride Catfish, Inc.; Harvest Select Catfish,
Inc.; Heartland Catfish Company; Pride of the Pond; Simmons Farm Raised
Catfish, Inc.; and Southern Pride Catfish Co., Inc., hereinafter
referred to collectively as ``Petitioners,'' timely filed allegations
that the Department made ministerial errors in the preliminary
determination.
On February 6, 2003, the Ministry of Trade of the Socialist
Republic of Vietnam (``MOT'') requested a two-week extension of the
deadline to submit a request for an agreement suspending the present
antidumping duty investigation. On February 10, 2003, the Department
granted that request, making the deadline February 25, 2003.
On February 7, 2003, Petitioners submitted comments outlining the
information relevant to the Department for an additional supplemental
questionnaire.
On February 10, 2003, CATACO, Agifish, and Vinh Hoan submitted
sales reconciliation information. Nam Viet requested a three-day
extension to submit its sales reconciliation, which was granted by the
Department on February 11, 2003. Also on February 10, 2003, the
Voluntary Section A Respondents submitted monthly shipment data
pursuant to the Department's January 29, 2003 request.
On February 11, 2003, the Department issued a request for
information and supplemental questionnaire in three sections, with a
deadline of February 25, 2003. Section I contained a request for
comments or information from all interested parties regarding the
Department's methodology for calculating normal value in the
Preliminary Determination; specifically, whether the Department should
continue to value live fish using a surrogate value or use the
Respondents' reported upstream factors for producing live fish. The
second section contained a supplemental Section D questionnaire to
further clarify the four Mandatory Respondent companies' factor of
production information. Finally, Section III contained supplemental
questions arising from other portions of the four Mandatory
Respondents' questionnaire responses.
In a letter dated February 12, 2003, the MOT protested the
surrogate values and methodologies the Department used in the
Preliminary Determination and requested that the Department reconsider
certain issues. Also on February 12, 2003, the Voluntary Section A
Respondents submitted their sales reconciliation data.
On February 13, 2003, Nam Viet requested a one-day extension to
file its sales reconciliation information, which was granted by the
Department on February 14, 2003. On February 14, 2003 Nam Viet
submitted its sales reconciliation.
On February 19, 2003, the Department requested a more detailed
sales reconciliation from the Mandatory and Voluntary Section A
Respondents, including monthly sales data to allow the Department to
reconcile the companies' reported U.S. sales figures to their annual
financial statements and sales ledgers.
On February 21, 2003, the Mandatory and Voluntary Section A
Respondents requested one-week extensions of the deadlines to file the
more detailed Sales Reconciliation information and the February 11,
2003 request for comments and supplemental questionnaire. On February
21, 2003, Petitioners requested a one-month extension of the deadline
to file comments related to Section I of the February 11, 2003 request
for information.
On February 24, 2003, the Department granted the Petitioners and
the Respondents a one-week extension of the deadline to file
information related to the February 11, 2003 request for information
and supplemental questionnaire, until March 4, 2003. Finally, the
Department granted a one-week extension to the Respondents to file the
more detailed sales reconciliation information, until March 5, 2003.
On February 25, 2003, the Department granted to the Government of
Vietnam (``GOV'') a second extension of the deadline to file a proposed
agreement to suspend the present antidumping duty investigation, for
ten days until March 7, 2003.
On February 28, 2003, the Respondents submitted a letter requesting
a public hearing pursuant to section 351.310 of the Department's
regulations.
On March 3, 2003, Sunnyvale Seafood Corporation, an importer,
requested a scope clarification to determine whether Basa ``cutlets''
are included in the scope of this investigation.
On March 3, 2003, the Department granted the Petitioners' request
of an extension of the deadline to submit comments on the Department's
use of factor input valuations in the Preliminary Determination until
March 21, 2003 and the Department granted the Petitioners' request for
an extension to submit comments addressing the normal value methodology
(referenced in Section I of the February 11, 2003 request for
information) until March 7, 2003. Also, on March 3, 2003, the
Department granted the Respondents' request for an extension of the
deadline to submit all responses pertaining to the February 11, 2003
request for information until March 4, 2003, and the more detailed
sales reconciliation until March 5, 2003.
On March 3, 2003, the Petitioners submitted a letter requesting a
hearing
[[Page 37118]]
pursuant to section 351.310 of the Department's regulations. The
Petitioners requested to address the Department's LTFV margin
calculations, choice of surrogate country, surrogate value data, and
other issues pursuant to the Preliminary Determination.
On March 4, 2003, the Mandatory Respondents submitted their
supplemental questionnaire responses related to Section II and Section
III of the February 11, 2003 request for information.
On March 5, 2003, the Respondents submitted the more detailed sales
reconciliation information for the four mandatory and seven voluntary
respondents, as requested by the Department on February 19, 2003.
On March 5, 2003, we published the amended preliminary
determination in the Federal Resister. See Notice of Amended
Preliminary Determination of Sales at Less Than Fair Value: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam (``Amended
Preliminary Determination''), 68 FR 10440 (March 5, 2003).
On March 7, 2003, the Department issued the verification outlines
to the Mandatory Respondents.
On March 7, 2003, the GOV submitted a proposal for an agreement to
suspend the current antidumping duty investigation in accordance with
section 734(l) of the Act and section 351.208 of the Department's
regulations.
On March 7, 2003, the Respondents submitted a response to Section I
of the Department's February 11, 2003 request for information,
regarding the appropriate methodology for calculating the normal value
in the final determination, in which the Respondents argue that the
Department should value the subject merchandise using the upstream
factors, as reported by Respondents.
On March 7, 2003, the Petitioners also submitted their response to
the Department's request for comments regarding the normal value
methodology. The Petitioners argued the Department should continue to
apply a surrogate value to the live fish input, as in the Preliminary
Determination.
On March 7, 2003, the Respondents submitted factors of production
databases for the Mandatory Respondent companies, reflecting both the
gross and net-weight factors of production, as requested by the
Department.
On March 10, 2003, the Petitioners submitted a letter certifying
that they omitted certain pages from their March 7, 2003 methodology
comments. In a separate filing on March 10, 2003, the Petitioners filed
the replacement pages for those comments.
On March 10, 2003, Nam Viet submitted additional factor consumption
information. Nam Viet previously had overlooked its consumption of
coal, and reported the total consumption of coal for the twelve-month
period reported in the March 4, 2003 supplemental questionnaire
response.
On March 10, 2003, Agifish submitted additional factor consumption
information.
On March 12, 2003, the Petitioners submitted a request for a one-
week extension of the deadline to submit publicly available factor
value information. On March 13, 2003, the Department granted the
request.
On March 13, 2003, the Petitioners submitted verification comments
for the Mandatory Respondents.
On March 14, 2003, Sunnyvale Seafood Corporation, an importer,
requested a scope clarification to determine whether certain Basa
``nuggets'' are included in the scope of this investigation.
The Department conducted verification of the responses submitted to
the record by the Mandatory Respondents from March 17 through March 28,
2003.
On March 19, 2003, in a memo to the file, the Department placed on
the record information gathered in the course of this investigation,
including information from Respondents' web sites, statistical and
trade information, and other information relevant to this
investigation. Also on March 19, 2003, in a separate memo to the file,
the Department extended the due date for case briefs and rebuttal
briefs to April 16, 2003, and April 23, 2003, respectively.
On March 27, 2003, the Respondents certified that they served the
Petitioners copies of the verification exhibits for CATACO. On April 7,
2003, the Respondents served the verification exhibits for Agifish and
Vinh Hoan, and on April 8, 2003, they served the verification exhibits
for Nam Viet.
On March 28, 2003, the Petitioners and the Respondents submitted to
the record additional comments on the valuation of factors of
production for the final determination.
On April 10 and April 11, 2003, the Department released the
verification reports for CATACO and Vinh Hoan, and Nam Viet and
Agifish, respectively.
On April 11, 2003, the Petitioners requested extensions of the
deadlines to submit case and rebuttal briefs. On April 14, 2003, the
Department granted these extensions until April 30, 2003 and May 7,
2003, respectively.
On April 14, 2003, the Department requested that the Respondents
submit missing information from Vinh Hoan's verification Exhibits. On
April 15, 2003, the Department requested that the Respondents submit
Nam Viet's missing verification exhibit 50.
On April 24, 2003, the Petitioners requested a one-week extension
for the purposes of submitting their final case and rebuttal briefs.
On May 1, 2003, the Department placed information gathered during
the course of this investigation on the record.
On May 5, 2003, the Petitioners, the Respondents, and the GOV filed
their respective case briefs. On May 6, 2003, the Petitioners filed
certain replacement pages for Petitioners' May 5, 2003 case brief. The
Respondents and Petitioners submitted their respective rebuttal case
briefs on May 12, 2003.
On May 12, 2003, the Department placed on the record letters from
importers Picadilly Cafeterias, Inc. and Ryan Family Steakhouses, Inc.
commenting on the present antidumping duty investigation.
On May 23, 2003, the Department held a public hearing in accordance
with section 351.310(d)(l) of the Department's regulations.
Representatives for the Respondents, the Petitioners, the GOV, and
Piazza Seafood World, an importer, were present.
On May 28, 2003, we published the preliminary critical
circumstances determination for the Section A Voluntary Respondents.
See Notice of Affirmative Preliminary Critical Circumstances
Determination for Voluntary Section A Respondents: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam (``Section A Voluntaries
Critical Circumstances''), 68 FR 31681 (May 28, 2003). In addition, on
June 12, 2003, the Department published a correction to the Voluntary
Section A Respondents' Critical Circumstances. See Notice of
Affirmative Preliminary Determination of Critical Circumstances for
Voluntary Section A Respondents: Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam; Correction 68 FR 35197 (June 12, 2003).
Suspension Agreement
As discussed above under ``Case History,'' on March 7, 2003, the
GOV submitted a proposed suspension agreement in accordance with the
Department's regulations at 19 CFR 351.208. The Department and the GOV
engaged in lengthy, intensive discussions regarding a possible
suspension agreement, and both sides
[[Page 37119]]
made multiple settlement offers. However, we were unable to reach an
agreement that fulfilled the Department's statutory requirements.
Scope of the Investigation
The Department has clarified the scope for purposes of the final
determination to read as follows:
For purposes of this investigation, the product covered 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. Frozen fish fillets are lengthwise cuts of
whole fish. The fillet products covered by the scope include boneless
fillets with the belly flap intact (``regular'' fillets), boneless
fillets with the belly flap removed (``shank'' fillets), boneless shank
fillets cut into strips (``fillet strips/finger''), which include
fillets cut into strips, chunks, blocks, skewers, or any other shape.
Specifically excluded from the scope are frozen whole fish (whether or
not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen
whole dressed fish are deheaded, skinned, and eviscerated. Steaks are
bone-in, cross-section cuts of dressed fish. Nuggets are the belly-
flaps.
The subject merchandise will be hereinafter referred to as frozen
``basa'' and ``tra'' fillets, which are the Vietnamese common names for
these species of fish. These products are classifiable under tariff
article codes 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96
(Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish
Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the Harmonized
Tariff Schedule of the United States (``HTSUS''). This investigation
covers all frozen fish fillets meeting the above specification,
regardless of tariff classification. Although the HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this proceeding is dispositive.
Period of Investigation
The period of investigation (``POI'') is October 1, 2001 through
March 31, 2002. This period corresponds to the two most recent fiscal
quarters prior to the month of the filing of the Petition (June 28,
2001). See Section 351.204(b)(1) of the Department's regulations.
Analysis of Comments Received
All issues raised in the case brief by parties to this
investigation are addressed in detail in the Memorandum to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, from
Barbara E. Tillman, Acting Deputy Assistant Sectretary for Import
Administration, Group III, Issues and Decision Memorandum for the
Antidumping Duty Investigation of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam, (June 16, 2003), (``Final Decision
Memorandum''), which is hereby adopted by this notice. A list of the
issues which parties raised, and to which we have responded, all of
which are in the Final Decision Memorandum, is attached to this notice
as an Appendix. Parties can find a complete discussion of all issues
raised in this investigation and the corresponding recommendations in
this public memorandum, which is on file in B-099. In addition, a
complete version of the Final Decision Memorandum can be accessed
directly on the World Wide Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Final Decision Memorandum are
identical in content.
Nonmarket Economy Country Status
On November 8, 2002, the Department determined under section
771(18)(A) of the Act, after analyzing comments from interested
parties, that based on the preponderance of evidence on the record
related to economic reforms in Vietnam to date, analyzed as required
under section 771(18)(B) of the Act, that Vietnam should be treated as
a non-market economy country under the U.S. antidumping law, effective
July 1, 2001. See Memorandum for Faryar Shirzad, Assistant Secretary,
Import Administration from Shauna Lee-Alaia, George Smolik, Athanasios
Mihalakas and Lawrence Norton, Office of Policy through Albert Hsu,
Senior Economist, Office of Policy, Import Administration, Jeffrey May,
Director, Office of Policy, Import Administration, Antidumping Duty
Investigation of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Determination of Market Economy Status (``Market
Status Memo''), dated November 8, 2002.
A designation as a non-market economy remains in effect until it is
revoked by the Department (see section 771(18)(C) of the Act).
Separate Rates
In our Preliminary Determination, we found that the Mandatory
Respondents and all Voluntary Section A Respondents, including Vinh
Long, met the criteria for the application of separate, company-
specific antidumping duty rates. For purposes of the final
determination, we continue to grant separate, company-specific rates to
the eleven exporters which sold certain frozen fish fillets to the
United States during the POI. For a complete discussion of the
Department's determination that the Respondents, including Vinh Long,
are entitled to a separate rate, please see the Final Decision
Memorandum at Comments 5 and 6.
Critical Circumstances
Based on new information on the record of this investigation and
information provided in our preliminary affirmative critical
circumstances determinations, we have determined for purposes of the
final determination, that critical circumstances exist for Nam Viet,
Afiex, Cafatex, QVD, Da Nang, and the Vietnam-wide entity. For further
details, see the Notice of Affirmative Preliminary Determination of
Critical Circumstances for Voluntary Section A Respondents: Certain
Frozen Fish Fillets From the Socialist Republic of Vietnam 68 FR 31681
(May 28, 2003), the Notice of Preliminary Determination of Sales at
Less Than Fair Value, Affirmative Preliminary Determination of Critical
Circumstances and Postponement of Final Determination: Certain Frozen
Fish Fillets From the Socialist Republic of Vietnam, 68 FR 4986,
(January 31, 2003), and the Final Decision Memorandum at Comment 7.
Additionally, because we have determined that Vinh Long had sales
of subject merchandise during the POI and merits a separate rate, we
must therefore, conduct a critical circumstances analysis for Vinh
Long. We have found that critical circumstances exist for Vinh Long.
For a more detailed discussion, please see the Final Decision
Memorandum at Comment 6.
Vietnam-Wide Rate
All exporters and the GOV were given an opportunity to provide
information showing they qualify for separate rates. Consequently, we
are applying a single antidumping rate the Vietnam-wide rate to all
producers/exporters that failed to respond to the Department's Q&V
questionnaire and demonstrate entitlement to a separate rate. See,
e.g., Notice of Final Determination of Sales at Less Than Fair Value:
Synthetic Indigo from the People's Republic of China, 65 FR 25706,
25707 (May 3, 2000). The Vietnam-wide rate applies to all entries of
the merchandise under investigation except for entries from Agifish,
Vinh Hoan, Nam Viet, CATACO, Afiex, Cafatex, Da Nang, Mekonimex, QVD,
Viet Hai and Vinh Long.
[[Page 37120]]
For the reasons set forth in the Preliminary Determination and
reaffirmed in the Final Decision Memorandum at Comment 8, we continue
to find that the use of adverse facts available for the Vietnam-wide
rate is appropriate. As adverse facts available, the Vietnam-wide rate
is not intended to be a reflection of the antidumping duty margins
applied as separate rates to the respondent companies. Consistent with
our Preliminary Determination and with previous cases in which the
respondent is considered uncooperative, as adverse facts available, we
have applied a rate of 63.88 percent, the highest rate calculated in
the initiation stage of the investigation from information provided in
the petition (as adjusted by the Department). See, e.g., Notice of
Preliminary Determination of Sales at Less Than Fair Value: Stainless
Steel Wire Rod From Germany, 63 FR 10847 (March 5, 1998). The
information used to calculate this Vietnam-wide rate was corroborated
independently with some small changes in accordance with Section 776(c)
of the Act. See Memorandum to Edward C. Yang, Director, Office IX from
Alex Villanueva, Case Analyst through James C. Doyle, Program Manager,
Preliminary Determination in the Investigation of Certain Frozen Fish
Fillets from Vietnam, Corroboration Memorandum (``Corroboration
Memo''), dated January 24, 2003.
Surrogate Country
For purposes of the final determination, we continue to find that
Bangladesh is the appropriate primary surrogate country. For further
discussion and analysis regarding the surrogate country selection, see
the Department's Preliminary Determination.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by each respondent for use in our final
determination. We used standard verification procedures including
examination of relevant accounting and production records, and original
source documents provided by the Respondents. For company-specific
changes from the Amended Preliminary Determination as a result of
verification, see Memorandum to the File, from Alex Villanueva, Case
Analyst, Final Analysis Memorandum for Agifish April 11, 2003 (``Final
Analysis Memo for Agifish''), Memorandum to the File, from Joe Welton,
Case Analyst, Final Analysis Memorandum for Nam Viet April 11, 2003
(``Final Analysis Memo for Nam Viet''), Memorandum to the File, from
Lisa Shishido, Case Analyst, Final Analysis Memorandum for Vinh Hoan
April 10, 2003 (``Final Analysis Memo for Vinh Hoan''), Memorandum to
the File, from Paul Walker, Case Analyst, Final Analysis Memorandum for
CATACO April 10, 2003 (``Final Analysis Memo for CATACO'').
Facts Available
For purposes of this final determination, we have determined that
the use of facts available is appropriate for certain elements of the
Respondents' dumping margin calculations. Section 776(a)(2) of the Act
provides that if an interested party: (A) withholds information that
has been requested by the Department; (B) fails to provide such
information in a timely manner or in the form or manner requested,
subject to subsections 782(c)(1) and (e) of the Act; (C) significantly
impedes a determination under the antidumping statute; or (D) provides
such information but the information cannot be verified, the Department
shall, subject to subsection 782(d) of the Act, use facts otherwise
available in reaching the applicable determination. For a further
discussion of the facts available applied to the Respondents, please
see the Final Decision Memorandum at Comments 2 and 12.
Changes Since the Preliminary Determination
Based on our findings at verification, additional information
placed on the record of this investigation, and analysis of comments
received, we have made adjustments to the calculation methodology in
calculating the final dumping margin in this proceeding. For
discussions of the company-specific changes made since the preliminary
determination to the final margin programs, see Final Analysis Memo for
Agifish, Final Analysis Memo for Nam Viet, Final Analysis Memo for Vinh
Hoan, and Final Analysis Memo for CATACO.
Margins for Cooperative Exporters Not Selected
For those exporters who responded to Section A of the Department's
antidumping questionnaire and had sales of the merchandise under
investigation, but were not selected as Mandatory Respondents in this
investigation, the Department has calculated a weighted-average margin
based on the rates calculated for those exporters that were selected to
respond in this investigation, excluding any rates that are zero, de
minimis or based entirely on adverse facts available. Companies
receiving this rate are identified by name in the ``Suspension of
Liquidation'' section of this notice. See Notice of Preliminary
Determination of Sales at Less Than Fair Value: Honey from the People's
Republic of China, 64 FR 24101 (May 11, 2001). For further discussion,
see the Preliminary Determination.
Surrogate Values
The Department made changes to the surrogate values used to
calculate the normal value from the Preliminary Determination. For a
complete discussion of the surrogate values, see Memorandum to the File
from Lisa Shishido, Case Analyst through James C. Doyle, Program
Manager and Edward C. Yang, Office Director, regarding Factor
Valuations for the Final Determination (``Final Factor Value Memo''),
dated June 16, 2003.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing the U.S. Bureau of Customs and Border Protection
(``Customs'') to continue to suspend liquidation of all entries of
subject merchandise from Vietnam, that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
Preliminary Determination for Agifish, CATACO, Vinh Hoan, Mekonimex,
and Viet Hai. With respect to Nam Viet, QVD, Da Nang, Afiex, Cafatex,
Vinh Long and all other Vietnam exporters, the Department will direct
Customs to suspend liquidation of all entries of certain frozen fish
fillets from Vietnam that are entered, or withdrawn from warehouse, on
or after 90 days before the date of publication of the Preliminary
Determination. Customs shall continue to require a cash deposit or
posting of a bond equal to the estimated amount by which the normal
value exceeds the U.S. price as shown below. This suspension of
liquidation instructions will remain in effect until further notice.
Final Determination
We determine that the following weighted-average dumping margins
exist for the period October 1, 2001 through March 30, 2002:
[[Page 37121]]
Certain Frozen Fish Fillets from Vietnam
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Producer/Manufacturer/Exporter Weighted-Average Margin (Percent)
----------------------------------------------------------------------------------------------------------------
Agifish............................................... 44.76
Vinh Hoan............................................. 36.84
Nam Viet.............................................. 52.90
CATACO................................................ 45.55
Afiex................................................. 44.66
Cafatex............................................... 44.66
Da Nang............................................... 44.66
Mekonimex............................................. 44.66
QVD................................................... 44.66
Viet Hai.............................................. 44.66
Vinh Long............................................. 44.66
Vietnam Wide Rate..................................... 63.88
----------------------------------------------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will determine, within 45 days,
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry. If the ITC determines that material
injury, or threat of material injury does not exist, the proceeding
will be terminated and all securities posted will be refunded or
cancelled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing Customs
officials to assess antidumping duties on all imports of subject
merchandise entered for consumption on or after the effective date of
the suspension of liquidation.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with section 351.305 of
the Department's regulations. Timely notification of return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the terms of an APO is a sanctionable
violation. This determination is issued and published in accordance
with sections 735 (d) and 777(i)(1) of the Act.
Dated: June 16, 2003.
Joseph A Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix: Issues in the Final Decision Memorandum
Comment 1: Total Adverse Facts Available
Comment 2: Partial Adverse Facts Available
Comment 3: Valuation of Factors of Production
Comment 4: Catfish Article
Comment 5: Separate Rates for Respondents
Comment 6: Vinh Long\1\'s Separate Rate
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\1\ Vinh Long Import-Export Company
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Comment 7: Critical Circumstances for Mandatory Respondents\2\
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\2\ The Mandatory Respondents in this case are Agifish, CATACO,
Nam Viet and Vinh Hoan.
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Comment 8: Critical Circumstances for the Voluntary Section A
Respondents\3\
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\3\ The Voluntary Section A Respondents in this case receiving a
separate rate are Afiex, Cafatex, Da Nang, Mekonimex, QVD, Viet Hai,
and Vinh Long (see Comment 6).
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Comment 9: Vietnam-Wide Rate
Comment 10: Company Names for Customs\4\ Instructions
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\4\ U.S. Bureau of Customs and Border Protection.
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Comment 11: Scope Clarification
Comment 12: By-Product Offsets
Comment 13: Proper Reporting Periods
Comment 14: Selection of Surrogate Values
Comment 15: Valuation of River Water
Comment 16: Containerization and Warehousing
Comment 17: Correction of Inadvertent Errors
Comment 18: Species-Specific Information
[FR Doc. 03-15794 Filed 6-20-03; 8:45 am]
BILLING CODE 3510-DS-S