Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results and Partial Rescission of New Shipper Reviews, 36840-36843 [E8-14801]
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jlentini on PROD1PC65 with NOTICES
36840
Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices
standards of 7 CFR 1412 to the extent
they are not in conflict with the 2008
Farm Bill and this notice. With a few
changes, the Food, Conservation, and
Energy Act of 2008 (Pub. L. 110–246)
(the 2008 Farm Bill) authorizes a
continuation for the 2008 crop year of
the Direct and Counter-cyclical Program
authorized by the Farm Security and
Rural Investment Act of 2002 (the 2002
Farm Bill) and set forth in regulations at
7 CFR 1412.
Section 1001 of the 2008 Farm Bill
provides that the base acres and yields
established by the 2002 Farm Bill that
were in effect on September 30, 2007
will, with a few exceptions, constitute
the base acres for the 2008 through 2012
crop years. The 2008 Farm Bill contains
requirements for adjustments of base
acres for various reasons including, but
not limited to, land no longer being
devoted to agricultural uses.
With respect to payment yields, the
2008 Farm Bill provides that the
payment yields for direct and counter
cyclical payments under the 2002 Farm
Bill, as in effect on September 30, 2007,
will be used. Section 1102 further
requires the Secretary to establish a
payment yield for direct and countercyclical payments for each farm for any
designated oilseed or eligible pulse crop
for which a payment yield was not
established under the 2002 Farm Bill.
For new yields, this will involve a
determination of an average yield per
planted acre for the designated oilseed
or pulse crop on a farm for the 1998
through 2001 crop years, excluding any
crop year in which the acreage planted
was zero. An adjustment to the payment
yield will equal the product of the
average yield and the ratio resulting
from dividing the national average yield
for the 1981 through 1985 crops by the
national average for the 1998 through
2001 crops. If the yield for a farm for
any of the 1998 through 2001 crop years
was less than 75 percent of the county
yield, then the Secretary will assign a
yield equal to 75 percent of the county
yield to determine the average.
Like with the 2002 Farm Bill, the
2008 Farm Bill sets forth certain
requirements to which the participant
must agree to be eligible for direct and
counter-cyclical payments. Included in
these requirements is the requirement to
effectively control noxious weeds and
otherwise maintain the land in
accordance with sound agricultural
practices. These provisions will
continue to be applicable in 2008.
One significant change in the 2008
Farm Bill that was not present in the
2002 Farm Bill, which will be
implemented in 2008, relates to farms
with small bases. A producer on a farm
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16:15 Jun 27, 2008
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may not receive DCP payments if the
sum of the base acres of the farm is 10
acres or less. However, such prohibition
does not apply to a farm that is wholly
owned by socially disadvantaged or
limited resource farmers or ranchers, as
provided by Section 1101 of the 2008
Farm Bill. If the farm is owned by a legal
entity, such as a corporation, each
shareholder, partner, or member of the
entity must be a socially disadvantaged
or limited resource farmer or rancher.
Effective with the date of publication of
this notice, to be assured that producers
on farms with base acres of 10 acres or
less are prohibited from receiving
payments as provided in the 2008 Farm
Bill, Farm Service Agency County
Committees (COC) will not approve
requests for farm combination
reconstitutions of farms having base
acres of 10 acres or less if the request
was received after the date of enactment
of the 2008 Farm Bill (May 22, 2008).
However, as an exception to the above
rule, a farm with a total of 10 base acres
or less may combine with another farm
if one of the farms undergoes a change
in land ownership. To qualify for this
exception the owners of each of the
farms participating in the new
combination must be identical and have
identical shares in both farms.
Subject to subsections (b) and (c) of
section 1108 of the 2008 Farm Bill, for
the purposes of determining the amount
of the counter-cyclical payments to be
paid to the producers on a farm for long
grain rice and medium grain rice under
section 1104 of the 2008 Farm Bill, base
acres on the farm will be apportioned
based on acreage planted to long grain
rice and medium grain rice during the
2003–2006 crop years. Section 1108
requires that base acres, payment acres,
and payment yields established with
respect to rice under sections 1101 and
1102 be maintained. Although these
provisions of the 2008 Farm Bill are
effective for the 2008 crop year, because
of administrative concerns related to the
late date of enactment of the 2008 Farm
Bill, these calculations cannot be
accomplished at this time, as countercyclical payments are not anticipated
for rice in 2008. This should have no
impact. If the situation changes,
measures will be taken to implement
these provisions.
In response to concerns regarding the
sharing of contract payments and
various forms of cash and share leases
(such as traditional cash leases,
traditional share leases, and
combination or flex leases that have
features of both traditional cash and
traditional share leases), an Advance
Notice of Proposed Rulemaking was
issued on September 28, 2007 (72 FR
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55105–55108). Accordingly, regulations
will be issued to clarify that for the
purpose of determining payments made
with respect to the 2009 through 2012
crop years, combination or flex leases
will be viewed as cash leases.
The final enrollment date for 2008
DCP is September 30, 2008. A DCP
contract not having all requisite
signatures of producers having more
than a zero share of DCP contract
acreage on or before the enrollment
deadline will not be considered
submitted to CCC for any purpose and
will not be acted on or approved. With
respect to those contracts submitted by
a producer on or before September 30,
2008, that were not signed by other
producers on the farm, DCP payments
will be issued only with respect to the
producers who enrolled prior to
September 30, 2008.
Accordingly, this notice announces
that CCC will implement DCP
provisions for the 2008 crop year based
on the current regulation in 7 CFR 1412,
Direct and Counter-cyclical Program
except as otherwise noted in this Notice
and as otherwise required by the 2008
Farm Bill.
Environmental Review
FSA has determined that this change
would not constitute a major Federal
action that would significantly affect the
quality of the human environment.
Therefore, in accordance with the 7 CFR
799, Environmental Quality and Related
Environmental Concerns—Compliance
with the National Environmental Policy
Act, implementing the regulations of the
Council on Environmental Quality (40
CFR 1500–1508), no environmental
assessment or environmental impact
statement will be prepared.
Signed at Washington, DC, on June 24,
2008.
Glen L. Keppy,
Acting Executive Vice President, Commodity
Credit Corporation.
[FR Doc. E8–14694 Filed 6–27–08; 8:45 am]
BILLING CODE 3410–05–P
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
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 30, 2008.
AGENCY:
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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices
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:
FOR FURTHER INFORMATION CONTACT:
Case History
jlentini on PROD1PC65 with NOTICES
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’s1 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
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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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’’).
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
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36841
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.
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
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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36842
Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices
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).
jlentini on PROD1PC65 with NOTICES
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: 1st 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
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16:15 Jun 27, 2008
Jkt 214001
Decision Memorandum can be accessed
directly on our website at https://
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
Manufacturer/Exporter
Weighted–
Average
Margin
(Percent)
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
15.38 responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
Assessment Rates
prior to liquidation of the relevant
Pursuant to 19 CFR 351.212(b), the
entries during this POR. Failure to
Department will determine, and U.S.
comply with this requirement could
Customs and Border Protection (‘‘CBP’’) result in the Department’s presumption
shall assess, antidumping duties on all
that reimbursement of antidumping
appropriate entries on a per–unit basis.3
duties has occurred and the subsequent
The Department intends to issue
assessment of doubled antidumping
assessment instructions to CBP 15 days
duties.
after the date of publication of these
Administrative Protective Orders
final results of review. For assessment
purposes, where possible, we calculated
This notice also serves as a reminder
importer–specific per–unit duty
to parties subject to administrative
assessment rates for subject
protective orders (‘‘APO’’) of their
merchandise from Vietnam. We will
responsibility concerning the return or
instruct CBP to assess antidumping
duties on all appropriate entries covered destruction of proprietary information
disclosed under APO in accordance
by this review.
with 19 CFR 351.305, which continues
Cash Deposit Requirements
to govern business proprietary
information in this segment of the
The following cash–deposit
proceeding. Timely written notification
requirements will be effective upon
of the return/destruction of APO
publication of the final results of these
materials or conversion to judicial
3 We divided the total dumping margins
protective order is hereby requested.
(calculated as the difference between normal value
Failure to comply with the regulations
(‘‘NV’’) and export price or constructed export
and terms of an APO is a violation
price) for each importer by the total quantity of
which is subject to sanction.
subject merchandise sold to that importer during
the POR to calculate a per-unit assessment amount.
We are issuing and publishing this
We will direct CBP to assess importer-specific
administrative review and notice in
assessment rates based on the resulting per-unit
accordance with sections 751(a)(2)(B),
(i.e., per-kilogram) rates by the weight in kilograms
and 777(i)(1) of the Act and 19 CFR
of each entry of the subject merchandise during the
POR.
351.214(h)(i).
Anvifish .......................................
Vinh Quang/New Century/New
Century ....................................
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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Announcement of Chesapeake Bay
Maryland National Estuarine Research
Reserve Revised Management Plan
Including a Boundary Expansion
Estuarine Reserves Division,
Office of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
ACTION: Notice of Approval and
Availability of the Final Revised
Management Plan for the Chesapeake
Bay Maryland National Estuarine
Research Reserve.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the Estuarine Reserves Division, Office
of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce has approved
the revised management plan, which
includes an expansion of the boundary
of the reserve, for the Chesapeake Bay
Maryland National Estuarine Research
Reserve.
The Chesapeake Bay Maryland
National Estuarine Research Reserve has
three sites: Monie Bay, Jug Bay, and
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16:15 Jun 27, 2008
Jkt 214001
Otter Point Creek. Monie Bay was
designated as part of the National
Estuarine Research Reserve in 1985 and
Jug Bay and Otter Point Creek were
designated in 1990 pursuant to Section
315 of the Coastal Zone Management
Act of 1972, as amended, 16 U.S.C.
1461. The reserve has been operating
under a management plan approved in
1990. Pursuant to 15 CFR Section
921.33(c), a state must revise their
management plan every five years. The
submission of this plan brings the
reserve into compliance and sets a
course for successful implementation of
the goals and objectives of the reserve.
A boundary expansion, new facilities,
and updated programmatic objectives
are notable revisions to the 1990
approved management plan.
The revised management plan
outlines the administrative structure;
the education, stewardship, and
research goals of the reserve; and the
plans for future land acquisition and
facility development to support reserve
operations. Since 1990, the reserve has
added a coastal training program that
delivers science-based information to
key decision makers in the Chesapeake
Bay. The reserve has realized many
aspects of the 1990 plan, including the
completion of the Anita C. Leight Center
in Harford County. This facility
provides classrooms, lab space, exhibit
space and office space and has allowed
the implementation of research,
education and volunteer activity at the
Otter Point Creek component of the
reserve.
This management plan calls for a
boundary expansion at two reserve sites:
1,345 acres are incorporated into the Jug
Bay component site and approximately
32 acres will be incorporated into the
Otter Point Creek site. The Otter Point
Creek component will expand its land
area from 443 to 475 acres. The land
increase consists of two forested parcels
adjacent to the current boundary that
will serve as a buffer for core estuarine
habitat and will also provide an
important access point for monitoring
and education programming. The
expansion at Jug Bay includes land on
both sides of the Patuxent River,
increasing the acreage of this site from
491 to 1,836. The original boundary for
this component site included a portion
of the county-owned parks. This
expansion incorporates a larger portion
of those parks to become designated as
part of the National Estuarine Research
Reserves. West of the Patuxent River,
the reserve will add 455 acres of
wetlands and buffer lands that will
enhance the protection of core reserve
lands and will enhance the research and
monitoring. East of the Patuxent River,
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36843
the reserve will be expanded by 890
acres to increase the level of protection
surrounding the river and expand the
area available for reserve programming.
FOR FURTHER INFORMATION CONTACT:
Michael Migliori at (301) 563–1126 or
Laurie McGilvray at (301) 563–1158 of
NOAA’s National Ocean Service,
Estuarine Reserves Division, 1305 EastWest Highway, N/ORM5, 10th floor,
Silver Spring, MD 20910. For copies of
the Chesapeake Bay Management Plan
revision, visit https://
www.dnr.state.md.us/bay/cbnerr/.
Dated: June 12, 2008.
David M. Kennedy,
Director, Office of Ocean and Coastal
Resource Management, National Oceanic and
Atmospheric Administration.
[FR Doc. E8–14818 Filed 6–27–08; 8:45 am]
BILLING CODE 3510–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XI70
Gulf of Mexico Fishery Management
Council; Public Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) will
convene public hearings on Reef Fish
Amendment 29, Spiny Lobster and
Aquaculture Amendment.
DATES: The public hearings will held
from July 21 - 31, 2008 at 10 locations
throughout the Gulf of Mexico. For
specific dates, times and subjects, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The public hearings will be
held in the following locations:
Galveston, TX, New Orleans, LA, Biloxi,
MS, Orange Beach, AL, Ft. Myers, Key
West, Marathon, Miami, Tampa and
Panama City, FL. For specific dates,
times and subjects, see SUPPLEMENTARY
INFORMATION.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Assane Diagne, Economist; telephone:
(813) 348–1630.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) has scheduled a series of
public hearings on Reef Fish
Amendment 29, Spiny Lobster and
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36840-36843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14801]
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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 https://
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
------------------------------------------------------------------------
Weighted-
Manufacturer/Exporter Average Margin
(Percent)
------------------------------------------------------------------------
Anvifish............................................... 31.68
Vinh Quang/New Century/New Century..................... 15.38
------------------------------------------------------------------------
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
