[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36840-36843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn08-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-552-801
Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results and Partial Rescission of New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 30, 2008.
[[Page 36841]]
FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1394.
SUPPLEMENTARY INFORMATION:
Case History
On February 1, 2008, the Department of Commerce (the
``Department'') published in the Federal Register the preliminary
results of these new shipper reviews of the antidumping duty order
(``Order'') on certain frozen fish fillets from the Socialist Republic
of Vietnam (``Vietnam''). See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Partial Rescission and Preliminary
Results of the First New Shipper Reviews, 73 FR 6119 (February 1, 2008)
(``Preliminary Results''); Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909
(August 12, 2003) (``Order''). The Preliminary Results were announced
to interested parties on January 22, 2008. Since the Preliminary
Results, the following events have occurred.
On January 30, 2008, Vinh Quang Fisheries Co., Ltd. (``Vinh
Quang'') filed comments on the Department's preliminary rescission of
Vinh Quang/New Century's\1\ new shipper review. Additionally, on
February 12, 2008, the Catfish Farmers of America (``Petitioners'')
submitted rebuttal comments regarding Vinh Quang/New Century's
preliminary results comments. On February 13, 2008, Vinh Quang/New
Century submitted rebuttal comments to Petitioners' February 12, 2008,
letter. On February 28, 2008, the Department issued a memorandum
regarding its analysis of the post-preliminary results of Vinh Quang/
New Century. In the post-preliminary results memorandum, the Department
reversed its preliminary decision to rescind the new shipper review for
Vinh Quang/New Century and calculated an antidumping duty margin for
Vinh Quang/New Century for purposes of providing all parties an
opportunity to comment on a calculated antidumping duty margin prior to
the final results. See Memorandum to the File, through James C. Doyle,
Director, Office 9, and Alex Villanueva, Program Manager, Office 9,
from Julia Hancock, Senior Analyst, Office 9, Subject: Post-Preliminary
Results Analysis of Vinh Quang/New Century'' (February 28, 2008) (``VQ
Post-Prelim Rescission Memo'').
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\1\ In the Preliminary Results, we found that Vinh Quang and New
Century Trading Company (``New Century'') should be treated as a
single entity for purposes of this new shipper review. No party has
challenged this for the final results and we will continue to treat
Vinh Quang/New Century as a single entity for the final results,
pursuant to 19 CFR 351.401(f). Accordingly, for the entirety of this
notice, Vinh Quang and New Century will be known as ``Vinh Quang/New
Century.''
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On April 10, 2008, Petitioners, Anvifish Co., Ltd. (``Anvifish''),
Ngoc Thai Company, Ltd. (``Ngoc Thai''), and Vinh Quang/New Century
submitted case briefs. Also on April 15, 2008, Petitioners, Anvifish,
and Vinh Quang/New Century submitted rebuttal briefs. On May 20, 2008,
the Department extended the time limit for completion of the final
results of these new shipper reviews by 60 days. See Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam: Extension of Time
Limit for Final Results of the New Shipper Reviews, 73 FR 29111 (May
20, 2008).
Period of Review
The period of review (``POR'') is August 1, 2006, through January
31, 2007.
Scope of the Order
The product covered by this 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. 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 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033
(Frozen Fish Fillets of the species Pangasius including basa and tra)
of the Harmonized Tariff Schedule of the United States (``HTSUS'').\2\
This order covers all frozen fish fillets meeting the above
specification, regardless of tariff classification. Although the HTSUS
subheading is provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
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\2\ Until July 1, 2004, these products were 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 HTSUS. Until February 1, 2007, these products were classifiable
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the
species Pangasius including basa and tra) of the HTSUS.
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Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to Ngoc Thai. The Department found in the
Preliminary Results that Ngoc Thai was affiliated and should be treated
as a single entity with Thai Tan Seafood Company (``Thai Tan''), Ngoc
Thu Company, Ltd. (``Ngoc Thu''), and Kim Anh Company (``Kim Anh'')
(collectively, the ``Kim Anh Group''), pursuant to section 771(33) of
the Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.401(f)(1); see Memorandum to James C. Doyle, Director, Office 9,
through Alex Villanueva, Program Manager, Office 9, from Michael
Holton, Senior Case Analyst, Subject: New Shipper Review of the
Antidumping Duty Order on Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Affiliation and Collapsing of Ngoc Thai
Company Ltd., (January 22, 2008) (``Ngoc Thai Affiliation Memo'').
Because the Department found that the Kim Anh Group, including Ngoc
Thai, is a single entity, the Department preliminarily rescinded the
new shipper review of Ngoc Thai because as a single entity the Kim Anh
Group shipped subject merchandise over a year prior to the POR of this
new shipper review. See Ngoc Thai Affiliation Memo.
We received comments with respect to our preliminary decision to
rescind the new shipper review for Ngoc Thai. The Department continues
to find that the deadline for requesting a new shipper review of the
Kim Anh Group's first entry of subject merchandise had passed, pursuant
to 19 CFR 351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). Accordingly, the
Department continues to find that the Kim Anh Group's request for a new
shipper review of Ngoc Thai was untimely, pursuant to 19 CFR
351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). See Comment 7 of the
``Issues and Decision Memorandum for the Final Results and
[[Page 36842]]
Partial Rescission of the First New Shipper Review: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam'' (``Issues and Decision
Memorandum'') accompanying this notice for a detailed discussion of our
decision with respect to Ngoc Thai. Because the Kim Anh Group shipped
subject merchandise over a year prior to the POR of this new shipper
review, the Department is rescinding Ngoc Thai's new shipper review.
See 19 CFR 351.214(c).
Separate Rates
In the Preliminary Results, we determined that one new shipper,
Anvifish, met the criteria for the assignment of a separate rate. See
Preliminary Results, 73 FR at 6123. Additionally, in the VQ Post-Prelim
Rescission Memo, where we reversed our preliminary decision to rescind
the new shipper review for Vinh Quang/New Century, we also determined
that Vinh Quang/New Century met the criteria for the assignment of a
separate rate. See Memorandum to the File, through Alex Villanueva,
Program Manager, from Julia Hancock, Senior Analyst, Subject: 1\st\ New
Shipper Review of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Analysis for Vinh Quang Fisheries Corporation
(``Vinh Quang'') (February 28, 2008) at 10-12 (``Vinh Quang Post-Prelim
Analysis Memo''). The Department received no comments on these issues,
and we did not receive any further information since the issuance of
the Preliminary Results and the VQ Post-Prelim Analysis Memo that
provides a basis for the reconsideration of these determinations.
Additionally, as discussed above, the Department is not performing
a separate rate analysis to determine whether the other new shipper,
Ngoc Thai, is eligible for a separate rate for the final results
because the Department is rescinding Ngoc Thai's request for a new
shipper review. See 19 CFR 351.214(c).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. Parties can find a
complete discussion of the issues raised in this administrative review
and the corresponding recommendations in this public memorandum which
is on file in the Central Records Unit (``CRU''), Room 1117 of the main
Department building. In addition, a copy of the Issues and Decision
Memorandum can be accessed directly on our website at http://
ia.ita.doc.gov/. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
the margin calculations for Anvifish and Vinh Quang for the final
results. For all changes to the calculations for Anvifish and Vinh
Quang/New Century, see the Issues and Decision Memorandum and the
company-specific analysis memoranda.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period August 1, 2006, through January 31, 2007:
Certain Frozen Fish Fillets from Vietnam
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Weighted-
Manufacturer/Exporter Average Margin
(Percent)
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Anvifish............................................... 31.68
Vinh Quang/New Century/New Century..................... 15.38
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Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department will determine, and
U.S. Customs and Border Protection (``CBP'') shall assess, antidumping
duties on all appropriate entries on a per-unit basis.\3\ The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review. For
assessment purposes, where possible, we calculated importer-specific
per-unit duty assessment rates for subject merchandise from Vietnam. We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review.
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\3\ We divided the total dumping margins (calculated as the
difference between normal value (``NV'') and export price or
constructed export price) for each importer by the total quantity of
subject merchandise sold to that importer during the POR to
calculate a per-unit assessment amount. We will direct CBP to assess
importer-specific assessment rates based on the resulting per-unit
(i.e., per-kilogram) rates by the weight in kilograms of each entry
of the subject merchandise during the POR.
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Cash Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for subject
merchandise produced and exported by Anvifish, or produced and exported
by Vinh Quang/New Century, the cash deposit rate will be the company-
specific rate show above (except that if the rate for a particular
company is de minimis, i.e., less than 0.5 percent, no cash deposit
will be required for that company); (2) for subject merchandise
exported by Anvifish but not manufactured by Anvifish, and for subject
merchandise exported by Vinh Quang/New Century but not manufactured by
Vinh Quang/New Century, the cash deposit rate will continue to be the
Vietnam-wide rate (i.e., 63.88 percent); and (3) for subject
merchandise manufactured by Anvifish or Vinh Quang/New Century, but
exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirement will remain
in effect until further notice.
Reimbursement of Duties
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 the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``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/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 administrative review and notice
in accordance with sections 751(a)(2)(B), and 777(i)(1) of the Act and
19 CFR 351.214(h)(i).
[[Page 36843]]
Dated: June 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Surrogate Financial Ratios
A. Apex Foods Limited and Bionic
B. Adequate Notice
Comment 2: Clerical Error and Inflator
Comment 3: Fish Waste Surrogate Value
Comment 4: Whole Live Fish Surrogate Value
Comment 5: Conversion of Surrogate Values
Company-Specific Issues
Comment 6: Ving Quang
A. Rescission of Vinh Quang
B. Bona Fide Nature of Vinh Quang's Sale
C. U.S. Inland Freight
Comment 7: Anvifish
A. Basis of U.S. Sales
B. Bona Fide Nature of Anvifish's Sale
C. Deduction of By-products
Comment 8: Rescission of Ngoc Thai
[FR Doc. E8-14801 Filed 6-27-08; 8:45 am]
BILLING CODE 3510-DS-S