Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission, 15479-15481 [E8-5889]
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
Additionally, the Department is
extending the deadline for the final
results to accommodate parties’ request
to extend the deadline for the
submission of publicly available
information to value factors of
production, case briefs, and rebuttal
briefs. For the reasons noted above, we
are extending the time for the
completion of the final results of these
new shipper reviews by 30 days to May
21, 2008.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: March 4, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–5887 Filed 3–21–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–552–801
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results of Antidumping Duty
Administrative Review and Partial
Rescission
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand, Paul Walker or Alex
Villanueva, 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) 482–3207,
(202) 482–0413, and (202) 482–3208
respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
CASE HISTORY
On September 19, 2007, the
Department of Commerce (the
‘‘Department’’) published in the Federal
Register the preliminary results of this
administrative review of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’). See
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Notice of
Preliminary Results and Partial
Rescission of the Third Antidumping
Duty Administrative Review, 72 FR
53527 (September 19, 2007)
(‘‘Preliminary Results’’). Since the
Preliminary Results, the following
events have occurred.
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16:33 Mar 21, 2008
Jkt 214001
From September 24–26, 2007, the
Department conducted the verification
of QVD USA LLC in Bellevue,
Washington. From October 1–2, 2007,
the Department verified QVD in Ho Chi
Minh City, from October 3–4, 2007, the
Department verified QVD Dong Thap
Food Co., Ltd., from October 5–9, 2007,
the Department verified Thuan Hung
Co., Ltd., and from October 10–12, 2007,
the Department verified QVD Choi Moi
Farming Cooperative.
On December 28, 2007, the
Petitioners, Catfish Farmers of America
and individual U.S. catfish processors,
and QVD Food Company (‘‘QVD’’)
submitted case briefs. QVD’s case brief
included issues for Lian Heng Trading
Co., Ltd. (‘‘Lian Heng’’) as well. On
January 10, 2008, the Petitioners, QVD,
Lian Heng, and East Sea Seafoods Joint
Venture Co., Ltd. (‘‘ESS’’) submitted
rebuttal briefs.
On January 23, 2008, the Department
extended the time limit for completion
of the final results of this administrative
review by sixty days. See Certain Frozen
Fish Fillets From the Socialist Republic
of Vietnam: Extension of Time Limit for
Final Results of the Third Antidumping
Duty Administrative Review, 73 FR 3945
(January 23, 2008).
On March 6, 2008, the Department
conducted a public and a closed
hearing. Counsel for the Petitioners,
QVD, and ESS attended.
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, crosssection 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
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
15479
1604.19.40001, 1604.19.50002,
0305.59.40003, 0304.29.60334 (Frozen
Fish Fillets of the species Pangasius
including basa and tra) of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).5 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.
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 (‘‘Final
Decision Memo’’), 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 Final Decision Memo can be
accessed directly on our website at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Final
Decision Memo are identical in content.
VERIFICATION
As provided in section 782(i) of the of
the Tariff Act, as Amended (‘‘the Act’’),
we conducted verification of the
information submitted by QVD, its
affiliated Vietnamese companies, QVD
USA LLC, QVD Dong Thap Food Co.,
1 See Memorandum to the File, from Cindy
Robinson, Senior Case Analyst, Office 9, Import
Administration, Subject: Frozen Fish Fillets: Third
Addition of Harmonized Tariff Number, (March 1,
2007). This HTS went into effect on March 1, 2007.
2 See Memorandum to the File, from Cindy
Robinson, Senior Case Analyst, Office 9, Import
Administration, Subject: Frozen Fish Fillets: Third
Addition of Harmonized Tariff Number, (March 1,
2007). This HTS went into effect on March 1, 2007.
3 See Memorandum to the File, from Cindy
Robinson, Senior Case Analyst, Office 9, Import
Administration, Subject: Frozen Fish Fillets: Second
Addition of Harmonized Tariff Number, (February
2, 2007). This HTS went into effect on February 1,
2007.
4 See Memorandum to the File, from Cindy
Robinson, Senior Case Analyst, Office 9, Import
Administration, Subject: Frozen Fish Fillets:
Addition of Harmonized Tariff Number, (January
30, 2007). This HTS went into effect on February
1, 2007.
5 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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15480
Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
Ltd., Thuan Hung Co., Ltd., and QVD
Choi Moi Farming Cooperative, for use
in our final results. See Memorandum to
the File, through, Alex Villanueva,
Program Manager, AD/CVD Operations,
Office 9, from Michael Holton, Senior
Case Analyst, AD/CVD Operations,
Office 9, Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam:
Verification of QVD Food Company,
Ltd., dated December 11, 2007;
Memorandum to the File, through, Alex
Villanueva, Program Manager, AD/CVD
Operations, Office 9, from Michael
Holton, Senior Case Analyst, AD/CVD
Operations, Office 9, Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Verification of QVD USA
LLC, dated December 11, 2007;
Memorandum to the File, through, Alex
Villanueva, Program Manager, AD/CVD
Operations, Office 9, from Michael
Holton, Senior Case Analyst, AD/CVD
Operations, Office 9, Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Verification of QVD Dong
Thap Food Co., Ltd. and Thuan Hung
Co., Ltd., dated December 11, 2007; and,
Memorandum to the File, through, Alex
Villanueva, Program Manager, AD/CVD
Operations, Office 9, from Michael
Holton, Senior Case Analyst, AD/CVD
Operations, Office 9, Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Verification of QVD Choi
Moi Farming Cooperative, dated
December 13, 2007. For all companies,
we used standard verification
procedures, including examination of
relevant accounting and production
records, as well as original source
documents provided by the
Respondents.
mstockstill on PROD1PC66 with NOTICES
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
calculation for QVD and ESS for the
final results. For all changes to the
calculations of QVD and ESS, see the
Final Decision Memo and company
specific analysis memoranda.
ADVERSE FACTS AVAILABLE
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
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16:33 Mar 21, 2008
Jkt 214001
subsection 782(d) of the Act, use facts
otherwise available in reaching the
applicable determination.
Furthermore, section 776(b) of the Act
provides that, if the Department finds
that an interested party ‘‘has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information,’’ the Department may use
information that is adverse to the
interests of that party as facts otherwise
available. Adverse inferences are
appropriate ‘‘to ensure that the party
does not obtain a more favorable result
by failing to cooperate than if it had
cooperated fully.’’ See Statement of
Administrative Action (‘‘SAA’’)
accompanying the URAA, H.R. Doc. No.
316, 103d Cong., 2d Session at 870
(1994). An adverse inference may
include reliance on information derived
from the petition, the final
determination in the investigation, any
previous review, or any other
information placed on the record. See
section 776(b) of the Act.
In the Preliminary Results, the
Department assigned a rate based on the
use of total adverse facts available
(‘‘AFA’’) to the Vietnam-Wide Entity,
and Can Tho Agricultural and Animal
Products Import Export Company
(‘‘CATACO’’) because it failed to
respond to the Department’s two
quantity and value questionnaires. We
continue to find it is appropriate to
apply total AFA to the Vietnam-wide
entity and CATACO, as no parties
provided comments on these issues.
Therefore, we are continuing to apply
AFA to the Vietnam-Wide Entity and
CATACO.
In the Preliminary Results, we
determined to apply total AFA to
certain sales by Lian Heng. We are
continuing to apply AFA to these sales
by Lian Heng in these final results. See
Comment 9D of the Final Decision
Memo.
FINAL PARTIAL RESCISSION
In the Preliminary Results, the
Department preliminarily rescinded this
review with respect to the following
nine companies: FAQUIMEX; Hung
Vuong Co., Ltd.; NAVICO; Phu Thuan
Company; DOCIFISH; Thuan Hung;
United Seafood Packers Co., Ltd.; Van
Duc Foods Export Joint Stock Co.; and
Vietnam Fish-One. These companies
reported that they had no shipments of
subject merchandise to the United
States during the POR. As we stated in
the Preliminary Results, our
examination of shipment data from CBP
for these nine companies confirmed that
there were no entries of subject
merchandise from them during the POR.
See Preliminary Results at 53530.
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Frm 00008
Fmt 4703
Sfmt 4703
Therefore, we are rescinding this
administrative review with respect to
the following nine companies:
FAQUIMEX; Hung Vuong Co., Ltd.;
NAVICO; Phu Thuan Company;
DOCIFISH; Thuan Hung; United
Seafood Packers Co., Ltd.; Van Duc
Foods Export Joint Stock Co.; and
Vietnam Fish-One.
In the Preliminary Results, the
Department also preliminarily rescinded
the review with respect to QVD Dong
Thap Food Co., Ltd. (‘‘QVD Dong
Thap’’), because QVD reported that QVD
Dong Thap did not ship any subject
merchandise to the United States during
the POR.
We are continuing to find that QVD
Dong Thap did not export subject
merchandise to the United States during
the POR, and therefore, we are
rescinding this review with respect to
QVD Dong Thap.
FINAL RESULTS OF REVIEW
The weighted-average dumping
margins for the POR are as follows:
CERTAIN FROZEN FISH FILLETS FROM
VIETNAM
Manufacturer/Exporter
Weighted-Average
Margin (Percent)
QVD ..............................
ESS ...........................
Vietnam-Wide Entity1 ...
6 The
Vietnam-wide
CATACO.
0.00
0.00
63.88
Entity
includes
Regarding Lian Heng, entries which
are not accompanied by a country of
origin certification (‘‘Certification’’)
stating that the entry is not produced
from Vietnamese-origin fish are subject
to the Vietnam-wide rate of 63.88
percent.
CERTAIN FROZEN FISH FILLETS FROM
VIETNAM
Manufacturer/Exporter
Lian Heng with Certification .........................
Lian Heng without Certification .....................
Weighted-Average
Margin (Percent)
0.00%
63.88%
ASSESSMENT
The Department will determine, and
the U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
pursuant to 19 CFR 351.212(b). We have
calculated importer-specific duty
assessment rates on a per-unit basis.
Specifically, we divided the total
dumping margins (calculated as the
difference between normal value and
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
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. In this and
future reviews, 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. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
CASH DEPOSIT REQUIREMENTS
The following cash-deposit
requirements will be effective upon
publication of the final results of this
administrative review 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) The cash
deposit rate for each of the reviewed
companies that received a separate rate
in this review will be the rate listed in
the final results of review (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 previously
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period of review; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will be the Vietnam-wide
rate of 63.88 percent. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
mstockstill on PROD1PC66 with NOTICES
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.
VerDate Aug<31>2005
18:26 Mar 21, 2008
Jkt 214001
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)(1) and
777(i) of the Act.
Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I Decision Memorandum
GENERAL ISSUES:
COMMENT 1: SURROGATE
FINANCIAL RATIOS
A. BINOIC
B. GEMINI
COMMENT 2: CEP PROFIT
METHODOLOGY
COMMENT 3: PER–UNIT CASH
DEPOSIT AND ASSESSMENT RATE
COMMENT 4: WHOLE LIVE FISH
SURROGATE VALUES
COMPANY–SPECIFIC ISSUES:
COMMENT 5: QVD
A. QVD’S SALES TO BSF
B. COLLAPSING QVD/DONG THAP
AND THUAN HUNG
C. COLLAPSING QVD/DONG THAP
AND CHOI MOI
D. INTERNATONAL FREIGHT
E. BANDING SURROGATE VALUE
F. TAPE SURROGATE VALUE
G. LABELS SURROGATE VALUE
H. WATER SURROGATE VALUE
COMMENT 6: DONG THAP
A. LABOR HOURS FOR CERTAIN
WORKERS
B. BYPRODUCTS
C. CARTONS
D. BROKEN FILLETS
E. PALLETS AND PLASTIC SHEETS
COMMENT 7:THUAN HUNG
A. LABOR HOURS
RECONCILIATION
B. ELECTRICITY
C. WASTE
COMMENT 8: ESS
A. BONA FIDE STATUS OF ESS’S
SALES
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Fmt 4703
Sfmt 4703
15481
B. INDIRECT SELLING EXPENSES
C. BYPRODUCTS
D. WHOLE LIVE FISH FACTOR OF
PRODUCTION
E. FISH OIL SURROGATE VALUE
COMMENT 9: LIAN HENG
A. CERTIFICATIONS
B. ASSESSMENT OF DUTIES
C. ASSESSMENT FOR CERTAIN
INVOICES
D. APPLICATION OF AFA
E. SELECTED AFA RATE
[FR Doc. E8–5889 Filed 3–21–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–804
Ball Bearings and Parts Thereof from
Japan: Amended Final Results of
Antidumping Duty Administrative
Review Pursuant to Final Court
Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 30, 2002, the
Department of Commerce (the
Department) published Ball Bearings
and Parts Thereof from France,
Germany, Italy, Japan, and the United
Kingdom; Final Results of Antidumping
Duty Administrative Reviews, 67 FR
55780 (August 30, 2002), as amended on
October 15, 2002, by Ball Bearings and
Parts Thereof From Japan; Amended
Final Results of Antidumping Duty
Administrative Review, 67 FR 63608
(October 15, 2002). The review covered
the period May 1, 2000, through April
30, 2001. NTN Corporation (and its
affiliates) and other parties appealed the
results pertaining to subject
merchandise from Japan. Because there
is now a final and conclusive decision,
the Department is issuing these
amended final results of review. We will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries
subject to these amended final results of
review.
EFFECTIVE DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT: FOR
FURTHER INFORMATION: Catherine
Cartsos or Richard Rimlinger, AD/CVD
Operations, Office 5, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1757 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTAL INFORMATION:
AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15479-15481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5889]
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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 of Antidumping Duty Administrative Review and
Partial Rescission
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Paul Walker or
Alex Villanueva, 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) 482-3207, (202) 482-0413, and (202) 482-3208 respectively.
SUPPLEMENTARY INFORMATION:
CASE HISTORY
On September 19, 2007, the Department of Commerce (the
``Department'') published in the Federal Register the preliminary
results of this administrative review of the antidumping duty order on
certain frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam''). See Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Notice of Preliminary Results and Partial
Rescission of the Third Antidumping Duty Administrative Review, 72 FR
53527 (September 19, 2007) (``Preliminary Results''). Since the
Preliminary Results, the following events have occurred.
From September 24-26, 2007, the Department conducted the
verification of QVD USA LLC in Bellevue, Washington. From October 1-2,
2007, the Department verified QVD in Ho Chi Minh City, from October 3-
4, 2007, the Department verified QVD Dong Thap Food Co., Ltd., from
October 5-9, 2007, the Department verified Thuan Hung Co., Ltd., and
from October 10-12, 2007, the Department verified QVD Choi Moi Farming
Cooperative.
On December 28, 2007, the Petitioners, Catfish Farmers of America
and individual U.S. catfish processors, and QVD Food Company (``QVD'')
submitted case briefs. QVD's case brief included issues for Lian Heng
Trading Co., Ltd. (``Lian Heng'') as well. On January 10, 2008, the
Petitioners, QVD, Lian Heng, and East Sea Seafoods Joint Venture Co.,
Ltd. (``ESS'') submitted rebuttal briefs.
On January 23, 2008, the Department extended the time limit for
completion of the final results of this administrative review by sixty
days. See Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Extension of Time Limit for Final Results of the Third
Antidumping Duty Administrative Review, 73 FR 3945 (January 23, 2008).
On March 6, 2008, the Department conducted a public and a closed
hearing. Counsel for the Petitioners, QVD, and ESS attended.
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\1\, 1604.19.5000\2\, 0305.59.4000\3\,
0304.29.6033\4\ (Frozen Fish Fillets of the species Pangasius including
basa and tra) of the Harmonized Tariff Schedule of the United States
(``HTSUS'').\5\ 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.
---------------------------------------------------------------------------
\1\ See Memorandum to the File, from Cindy Robinson, Senior Case
Analyst, Office 9, Import Administration, Subject: Frozen Fish
Fillets: Third Addition of Harmonized Tariff Number, (March 1,
2007). This HTS went into effect on March 1, 2007.
\2\ See Memorandum to the File, from Cindy Robinson, Senior Case
Analyst, Office 9, Import Administration, Subject: Frozen Fish
Fillets: Third Addition of Harmonized Tariff Number, (March 1,
2007). This HTS went into effect on March 1, 2007.
\3\ See Memorandum to the File, from Cindy Robinson, Senior Case
Analyst, Office 9, Import Administration, Subject: Frozen Fish
Fillets: Second Addition of Harmonized Tariff Number, (February 2,
2007). This HTS went into effect on February 1, 2007.
\4\ See Memorandum to the File, from Cindy Robinson, Senior Case
Analyst, Office 9, Import Administration, Subject: Frozen Fish
Fillets: Addition of Harmonized Tariff Number, (January 30, 2007).
This HTS went into effect on February 1, 2007.
\5\ 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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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 (``Final Decision Memo''), 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 Final Decision Memo can be accessed directly on our website
at https://ia.ita.doc.gov/. The paper copy and electronic version of the
Final Decision Memo are identical in content.
VERIFICATION
As provided in section 782(i) of the of the Tariff Act, as Amended
(``the Act''), we conducted verification of the information submitted
by QVD, its affiliated Vietnamese companies, QVD USA LLC, QVD Dong Thap
Food Co.,
[[Page 15480]]
Ltd., Thuan Hung Co., Ltd., and QVD Choi Moi Farming Cooperative, for
use in our final results. See Memorandum to the File, through, Alex
Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael
Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Verification of QVD Food Company, Ltd., dated December 11, 2007;
Memorandum to the File, through, Alex Villanueva, Program Manager, AD/
CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/
CVD Operations, Office 9, Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Verification of QVD USA LLC, dated
December 11, 2007; Memorandum to the File, through, Alex Villanueva,
Program Manager, AD/CVD Operations, Office 9, from Michael Holton,
Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Verification of QVD
Dong Thap Food Co., Ltd. and Thuan Hung Co., Ltd., dated December 11,
2007; and, Memorandum to the File, through, Alex Villanueva, Program
Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case
Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Verification of QVD Choi Moi Farming
Cooperative, dated December 13, 2007. For all companies, we used
standard verification procedures, including examination of relevant
accounting and production records, as well as original source documents
provided by the Respondents.
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 calculation for QVD and ESS for the final results. For all
changes to the calculations of QVD and ESS, see the Final Decision Memo
and company specific analysis memoranda.
ADVERSE FACTS AVAILABLE
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.
Furthermore, section 776(b) of the Act provides that, if the
Department finds that an interested party ``has failed to cooperate by
not acting to the best of its ability to comply with a request for
information,'' the Department may use information that is adverse to
the interests of that party as facts otherwise available. Adverse
inferences are appropriate ``to ensure that the party does not obtain a
more favorable result by failing to cooperate than if it had cooperated
fully.'' See Statement of Administrative Action (``SAA'') accompanying
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An
adverse inference may include reliance on information derived from the
petition, the final determination in the investigation, any previous
review, or any other information placed on the record. See section
776(b) of the Act.
In the Preliminary Results, the Department assigned a rate based on
the use of total adverse facts available (``AFA'') to the Vietnam-Wide
Entity, and Can Tho Agricultural and Animal Products Import Export
Company (``CATACO'') because it failed to respond to the Department's
two quantity and value questionnaires. We continue to find it is
appropriate to apply total AFA to the Vietnam-wide entity and CATACO,
as no parties provided comments on these issues. Therefore, we are
continuing to apply AFA to the Vietnam-Wide Entity and CATACO.
In the Preliminary Results, we determined to apply total AFA to
certain sales by Lian Heng. We are continuing to apply AFA to these
sales by Lian Heng in these final results. See Comment 9D of the Final
Decision Memo.
FINAL PARTIAL RESCISSION
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to the following nine companies: FAQUIMEX;
Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung;
United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.;
and Vietnam Fish-One. These companies reported that they had no
shipments of subject merchandise to the United States during the POR.
As we stated in the Preliminary Results, our examination of shipment
data from CBP for these nine companies confirmed that there were no
entries of subject merchandise from them during the POR. See
Preliminary Results at 53530. Therefore, we are rescinding this
administrative review with respect to the following nine companies:
FAQUIMEX; Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH;
Thuan Hung; United Seafood Packers Co., Ltd.; Van Duc Foods Export
Joint Stock Co.; and Vietnam Fish-One.
In the Preliminary Results, the Department also preliminarily
rescinded the review with respect to QVD Dong Thap Food Co., Ltd.
(``QVD Dong Thap''), because QVD reported that QVD Dong Thap did not
ship any subject merchandise to the United States during the POR.
We are continuing to find that QVD Dong Thap did not export subject
merchandise to the United States during the POR, and therefore, we are
rescinding this review with respect to QVD Dong Thap.
FINAL RESULTS OF REVIEW
The weighted-average dumping margins for the POR are as follows:
Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
QVD................................................. 0.00
ESS............................................... 0.00
Vietnam-Wide Entity\1\.............................. 63.88
------------------------------------------------------------------------
\6\ The Vietnam-wide Entity includes CATACO.
Regarding Lian Heng, entries which are not accompanied by a country
of origin certification (``Certification'') stating that the entry is
not produced from Vietnamese-origin fish are subject to the Vietnam-
wide rate of 63.88 percent.
Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
Lian Heng with Certification........................ 0.00%
Lian Heng without Certification..................... 63.88%
------------------------------------------------------------------------
ASSESSMENT
The Department will determine, and the U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated
importer-specific duty assessment rates on a per-unit basis.
Specifically, we divided the total dumping margins (calculated as the
difference between normal value and
[[Page 15481]]
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. In this and future
reviews, 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. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of the final
results of this administrative review.
CASH DEPOSIT REQUIREMENTS
The following cash-deposit requirements will be effective upon
publication of the final results of this administrative review 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) The cash deposit
rate for each of the reviewed companies that received a separate rate
in this review will be the rate listed in the final results of review
(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 previously investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period of review; (3) if the exporter is
not a firm covered in this review, a prior review, or the original LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will be the Vietnam-wide rate of 63.88
percent. These deposit requirements, when imposed, shall remain in
effect until publication of the final results of the next
administrative review.
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)(1) and 777(i) of the Act.
Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I Decision Memorandum
GENERAL ISSUES:
COMMENT 1: SURROGATE FINANCIAL RATIOS
A. BINOIC
B. GEMINI
COMMENT 2: CEP PROFIT METHODOLOGY
COMMENT 3: PER-UNIT CASH DEPOSIT AND ASSESSMENT RATE
COMMENT 4: WHOLE LIVE FISH SURROGATE VALUES
COMPANY-SPECIFIC ISSUES:
COMMENT 5: QVD
A. QVD'S SALES TO BSF
B. COLLAPSING QVD/DONG THAP AND THUAN HUNG
C. COLLAPSING QVD/DONG THAP AND CHOI MOI
D. INTERNATONAL FREIGHT
E. BANDING SURROGATE VALUE
F. TAPE SURROGATE VALUE
G. LABELS SURROGATE VALUE
H. WATER SURROGATE VALUE
COMMENT 6: DONG THAP
A. LABOR HOURS FOR CERTAIN WORKERS
B. BYPRODUCTS
C. CARTONS
D. BROKEN FILLETS
E. PALLETS AND PLASTIC SHEETS
COMMENT 7:THUAN HUNG
A. LABOR HOURS RECONCILIATION
B. ELECTRICITY
C. WASTE
COMMENT 8: ESS
A. BONA FIDE STATUS OF ESS'S SALES
B. INDIRECT SELLING EXPENSES
C. BYPRODUCTS
D. WHOLE LIVE FISH FACTOR OF PRODUCTION
E. FISH OIL SURROGATE VALUE
COMMENT 9: LIAN HENG
A. CERTIFICATIONS
B. ASSESSMENT OF DUTIES
C. ASSESSMENT FOR CERTAIN INVOICES
D. APPLICATION OF AFA
E. SELECTED AFA RATE
[FR Doc. E8-5889 Filed 3-21-08; 8:45 am]
BILLING CODE 3510-DS-S
